Solicitation_FA8059-16-R-0001_Amendment_0002.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

The following have been modified:

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (MAY 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic

Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other

Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the

Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the

Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any

Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM TO 52.212-4

(w) ORDERING PROCEDURES: The procedures for selecting Contractors for order awards under this contract are governed by FAR 16.505 and supplements. Unless otherwise specified in a task order (TO) Request for Proposal (RFP), the following defines the process by which fair opportunity will be afforded, how task orders (TOs) will be processed and priced, and how a TO will be awarded.

(1) Orders processed under this IDIQ contract will be decentralized and installation contracting officers [ordering Contracting Officer (CO)] will solicit IDIQ holders according to the base’s location and the appropriate Small Business Concern [8(a) or Service-Disabled Veteran-Owned Small Business Concerns (SDVOSB)] and administer the resulting orders. Orders may come from Active Duty Air Force Installations and Joint Bases where the Air Force serves as the lead agency. Table 1 in FAR provision 52.212-1 lists the bases, their MAJCOMs, and applicable Small Business Concern which applies to that base.

(2) Task Orders shall be issued on a Firm-Fixed Price (FFP) basis. The Contract Line Item Number (CLIN) structure on each Task Order will reflect the FFP for each line item and must strictly follow the CLIN structure as established in the IDIQ contract.

(3) Task Order competition for subsequent awards is as follows:

A. Task Order Proposal Request (TOPR)

I. The ordering CO will initiate the TOPR process by sending a TOPR letter and attachments (hereafter referred to as the TOPR Package) to all IDIQ holders according to their appropriate Small Business Concern based on the location of the requirement.

II. The TOPR Package should include all of the following information:

a. Date of the TOPR Package;

b. The proposal due date and the name/email address of the POC who will be receiving the proposal;

c. The name and location of the base;

d. The base-specific Performance Work Statement (PWS);

e. The period of performance;

f. The number and performance periods of any options;

g. Any appropriate schedule or duty hour information;

h. Identification of the CLINS involved in the Task Order;

i. Identification of Government Furnished Property/Equipment available, if applicable; and

j. Identification of other important information.

B. Proposal Submission Process

I. All contractors holding effective IDIQ contracts are highly encouraged to submit a competitive proposal for every TOPR (within their respective pools). At a minimum, each contractor shall propose on no less than 90% of TOPRs.

II. In the event that no proposals or only one proposal is received, the Government (at its discretion) may revalidate the TOPR requirement. This validation process may include exchanges of information with some or all of the pool-appropriate contractors to determine whether there are concerns about the TOPR requirement. Should the requirement be validated, the ordering CO may reissue the TOPR Package. After the Government revalidates the TOPR requirement and if only one proposal is received, the ordering CO must take all steps to determine the price fair and reasonable but understand that this circumstance does not constitute adequate price competition unless an official at a level above the CO approves the determination that the price is reasonable.

III. The contractor’s Task Order proposal shall be submitted to the ordering CO on or before the time and dated as specified in the TOPR letter. Pricing on each Task Order proposal shall be valid for 90 calendar days after the required submission date. The contractor’s Task Order proposal shall include the following information as well as any additional information as requested in the TOPR Package:

a. Technical and managerial approach for meeting the requirements of the PWS;

b. Pricing for each CLIN specified in the TOPR Package;

c. The price shall include the FFP unit price to be paid to the contractor.

d. The price shall not reflect a Markup Rate (MR) in excess of the Not To Exceed (NTE) MR as established by the IDIQ.

IV. Proposal Evaluation Process

a. Proposals will be evaluated using a Lowest Price Technically Acceptable (LPTA) evaluation method in accordance with the Department of Defense (DoD) Source Selection Procedures to make the award that is most advantageous to the Government.

b. Awards will be made to the offeror who provided the proposal which is found to be technically acceptable, whose price is the lowest, complete, and reasonable, and who is found to be responsible for the award.

c. The following evaluation factors will be used in awarding a Task Order:

d. Technical Acceptability – The Government will review the contractor’s proposed technical and managerial approach to verify it will result in successful contract performance; and

e. Price – The Government will evaluate the contractor’s proposed price by using price analysis techniques as described in FAR 15.404-1(b)(2), to include the following:

a. Completeness – All price information requested in the TOPR has been submitted.

b. Reasonableness – The degree to which the proposed prices compare to the prices a reasonably prudent person would expect to incur for the same or similar services. Also, any prices submitted in excess of the NTE MR as established by the IDIQ will be considered unreasonable.

V. Task Order Process

a. The ordering Contracting Officer will make a determination of responsibility of the offeror providing the lowest priced technically acceptable proposal.

b. If the offeror is determined to be responsible, the offeror will receive the Task Order.

VI. Notice to Proceed

a. The contractor shall begin work in accordance with the requirements of the Task Order.

b. In the event of any planned closures of the installation, the Government will notify the contractor of the anticipated extent of the closure.

c. In the event of an unplanned closure of the installation due to natural disasters, military emergency, or severe weather, the contractor will not bill the Government for work not completed during these periods.

(4) For this IDIQ, the designated task order ombudsman is as designated in AFFARS clause 5352.201-9101. The task order ombudsman is responsible for reviewing complaints from multiple award contractors and ensuring that all of the contractors are afforded a fair opportunity to be considered for task orders. This clause does not guarantee the contractor issuance of any task order above the minimum guarantee(s).

(x) BASE SPECIFIC TERMS AND CONDITIONS: Each USAF installation, when furnishing their individual requirements for TO competition, may include base-specific terms and conditions into their individual Performance Work Statements.

(y) TASK ORDER SET-ASIDES: Prior to setting aside orders to the 8(a) offerors IAW FAR 16.505(b)(2)(i)(F) the ordering contracting officer must perform market research to determine whether there is a reasonable expectation that at least two eligible and responsible 8(a) vendors will respond. The Offering and Acceptance requirements in FAR 19.804 have been satisfied with this basic IDIQ contract and do not need to be repeated for each individual task order issued against this contract. However, when setting aside task orders for 8(a) firms the ordering CO must notify the cognizant SBA field office that the requirement is set-aside for 8(a). The following clauses necessary to set-aside task orders for 8(a) firms are included in Section I of this IDIQ contract and will only become applicable when included in the task order at the discretion of the ordering contracting officer.

52.219-13 Notice of Set-Aside of Orders

52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns

(3) 252.219-7010 Alternate A

(z) LIABILITY INSURANCE REQUIREMENTS:

(1) Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

(2) General liability.

(A) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(3) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(4) Documentation Requirements. After award of and prior to beginning performance of a TO, Contractors must provide the decentralized Ordering Contracting Officer with proof of insurance as identified at AFFARS 5328.310(a)(S-90).

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The Table of Contents has changed from:

Exhibit/Attachment Table of Contents

22-JAN-2016

to:

Exhibit/Attachment Table of Contents

22-JAN-2016

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show all items as specified in the Addendum to this provision

(c) Period for acceptance of offers. See Paragraph 5.5.2 of the Addendum to this provision

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

ADDENDUM TO 52.212-1, Instructions to Offerors

INSTRUCTION TO OFFERORS

1. Program Structure and Purpose

1.1 The purpose of this solicitation is to acquire Transient Alert (TA) services for United States Air Force (USAF) installations within the scope of this program.

1.2 This acquisition will be set aside 100% for Service Disabled Veteran Owned Small Businesses (SDVOSB) with an embedded set-aside for 8(a) small businesses at locations currently accepted into the 8(a) program. The Government plans to accomplish one (1) source selection. The source selection will result in the government awarding multiple Indefinite Delivery Indefinite Quantity (IDIQ) contracts to a targeted number of offerors. Each IDIQ will have a five (5) year ordering period consisting of a base year plus four (4) one- year options. The contract will primarily include Aircraft Arrival Services, Processing Services, and Departure Services that meet all Air Force and local directives while supporting the customers’ requirements and maintaining a safe and efficient operation.

1.3 Task Order 0001 will be issued concurrently with the basic IDIQ award for mandatory participation in a post award orientation. The Offeror must acknowledge it understands and is willing to accept the terms of Task Order 0001 should it win an IDIQ Contract. The Offeror must therefore submit with its proposal a signed statement from an authorized representative on company letterhead indicating it will participate in the mandatory post award orientation; that it understands $1,000 will be the total price for this participation (no more and no less). Task Order 0001 is NOT included in the basic contract proposal costs. No pricing information is required with this statement; therefore it should be no more than one (1) page.

1.4 One (1) source selection will be held, evaluating both SDVOSB Offerors and 8(a) Offerors under the same criteria. However, the Offeror will identify to which small business designation they are proposing. An 8(a) Offeror who is also a SDVOSB could submit a proposal as a SDVOSB and/or an 8(a). If this Offeror decided to propose to both SDVOSB and 8(a), they will be required to submit two (2) technical proposals, covering technical subfactors 1 and 2 for SDVOSB and for 8(a). The target number of awardees will be six (6) SDVOSB concerns and three (3) 8(a) concerns. The government reserves the right to award to more or less than the targets identified for both pools.

1.5. This acquisition will utilize Performance Price Tradeoff (PPT) with Technical Acceptability source selection procedures in accordance with FAR 15.101-1. Past Performance and Technical “acceptability”, when combined, are significantly more important than Price.

2. Coverage

2.1 This acquisition identifies 44 locations across nine (9) MAJCOMs as mandatory use in this effort. Of the 44 locations, six (6) locations are currently accepted into the 8(a) program and will remain in the 8(a) program, leaving 38 locations for SDVOSB set-aside. Table 1 below lists the bases identified as mandatory use.

Charleston

Eielson

Fairchild

Elmendorf

Grand Forks

Hickam

Little Rock

Shaw

Tinker

Macdill

Tyndall

McChord

McConnell

McGuire

8(a)

Scott

SDVOSB

Travis

Table 1 – Mandatory Use Bases

2.2 Eleven (11) locations, while considered in-scope, will not be mandated to use this strategic effort. However, there is a possibility any of these locations may become part of this effort in the future and be considered for mandatory use. Table 2 below lists bases identified as possible mandatory use.

Maxwell

Peterson

Sheppard

Vandenberg

8(a)

Vance

SDVOSB

Table 2 – Potential Bases for Inclusion

3. Proposal Instructions

3.1 This section provides general guidance for preparing proposals. Section 4 will provide specific instructions on the format and content of the proposal. The Offeror’s proposal must include all data and information requested and must be submitted in accordance with these instructions. Any Offeror who submits an incomplete package may be considered ineligible for award. The offer shall be compliant with the requirements as stated in this RFP and attachments. Non-conformance with the instructions may result in an unfavorable proposal evaluation.

3.2 The proposal shall be clear, concise, and include sufficient detail for effective evaluation and substantiating the validity of stated claims. The proposal should not simply rephrase or restate the Government's requirements, but rather shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the offeror’s proposal.

3.3 The proposal shall be accompanied by a complete and signed Proposal Cover Sheet (See Section J, Attachment 2, Proposal Cover Sheet) to be included in Volume I (see section 5.2.1). The Proposal Cover Sheet Template requires the Offeror to specify whether it intends to compete as an 8(a) Firm, SDVOSB, or both.

3.4 The Contracting Officer (CO) listed below is the primary CO for this acquisition. He is the sole point of contact for this acquisition. If the Offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the Offeror shall notify the CO below:

Contracting Officer :

TSgt Joshua D. Samples

1940 Allbrook Drive, Bldg 1, Room 300

Wright-Patterson AFB, OH 45433

Phone: (937) 257-6421

3.5 The CO will promptly notify Offerors of any decision to exclude them from the competition IAW FAR 15.503. Upon notification of exclusion, an Offeror may request and receive a debriefing. Offerors desiring debriefing must make a request in accordance with the requirements of FAR 15.503 or 15.506 as applicable. Debriefings will be conducted in accordance with FAR 15.505 or 15.506.

3.6 In accordance with FAR Subpart 4.8 (Government Contract Files), the Government will retain one (1) copy of all unsuccessful proposals. Unless the offeror requests otherwise, the Government will destroy extra copies of such unsuccessful proposals.

3.7 Proposals are due in “hard copy” form clearly identified as “original” proposal at 2:00 p.m. Eastern Standard Time on 22 Feb 2016. Proposals shall be delivered to the CO, TSgt Joshua Samples at the address listed above. In addition to that paper copy, the Offeror shall submit all proposal information in identical format and content in electronic version on Compact Disc (CD) or Digital Video Disc (DVD). Each CD or DVD will contain only one (1) proposal Volume. The CD/DVD shall be “read-only” and formatted for Microsoft Windows. All Microsoft Excel Attachments shall be submitted in Microsoft Excel format (unaltered) as provided by this RFP. The Offeror shall not include any formulas or links beyond what is included in the provided format. When creating Adobe Portable Documentation Format (PDF) files, the Offeror shall create the file to enable textual search and copy functions. Macros or other embedded objects or features will be disabled as part of regular security precautions.

3.8 Electronic copies of proposals received at or before the receipt of hard copies will not satisfy the aforementioned requirement of submitting a “hard copy”. Proposals may be mailed or hand-carried to the above address so they are received by the contracting office by the due date and time. The outside envelope/container shall be marked with the words “PROPOSAL ENCLOSED” and the RFP number. This is a secure military installation so appropriate arrangements are required to access the facility with enough time to meet proposal deadlines. It is the Offeror’s responsibility to make those arrangements to assure meeting proposal deadlines. Offerors who use regular mail to submit their proposals to Wright-Patterson AFB should allow additional time for delivery due to security screening on packages that may be conducted at the Wright-Patterson AFB mail processing facility. Proposals received after the specified due date and time will be considered late proposals, regardless of the delay, and may be considered ineligible for award.

3.9 All text shall be Times New Roman font, size 12, single-spaced, on 8 ½ x 11 inch paper (except as specifically noted in this Section). Within each volume, pages shall be numbered consecutively. A page printed on both sides shall be counted as two (2) pages. 11” x 17” sized fold out pages may be used for tables, charts, graphs, or pictures that cannot be legibly presented on 8 ½ x 11 inch paper. Foldout pages shall fold entirely within the Volume. Foldout pages shall fold so that the Government can read and evaluate them without removal from the proposal binder. Any 11” x 17” document will be considered a two sheet equivalent (with regards to page count limitations). Graphic presentations, including tables, are subject to the same font size and spacing requirements, and shall have spacing and text that is legible. In case of conflict between the paper and electronic copies submitted, the original paper version shall take precedence.

3.10 The Government plans to use the Government-owned software, EZSource, for the evaluation. The software administration for EZSource is provided by Array Information Technologies. Representatives from Array Information Technologies may have exposure to Offerors' proposals, but will not be providing advice on the merits of any proposal. Employees from Array Information Technologies who may have exposure to proposals have executed non-disclosure agreements. These non-disclosure agreements are available for review upon request. The exclusive responsibility for source selection will reside with the Government. Any objection shall be provided in writing prior to the date set for receipt of proposals and shall include a detailed statement of the basis for the objection.