090109 Final LTATV RFP.doc

Section SF 1449 - CONTINUATION SHEET

UNDEFINED

Contract Data Requirements List (CDRL)

FFP

Contract Data Requirements List (CDRL).

CDRLs shall be submitted in accordance with A001, A002, A003, and A004.

Period of Performance: 1 Apr 2009 through 31 Mar 2014.

FOB: Destination

MAX

NET AMT

Lightweight Tactical All Terrain Vehicle

Lightweight Tactical All Terrain Vehicle (LTATV) shall be in accordance with Prime Items Specification dated 06 Jan 09. Each vehicle shall include all associated special tools, operators manual, and maintenance manual in accordance with CDRLs A001, A002, and A003.

Period of Performance: 1 Apr 2009 through 31 Mar 2010.

Offerors will submit their proposed unit prices using a step ladder structure similiar to the one below. Offerors shall propose price breaks based upon the most cost effective pricing schedule available.

MAX

STEPLADDER PRICING

Spare Parts

Offerors will provide a 90 day LTATV Spare Parts list in accordance with CDRL A004.

Period of Performance: 1 Apr 2009 through 31 Mar 2010.

MAX

Lightweight Tactical All Terrain Vehicle

Lightweight Tactical All Terrain Vehicle (LTATV) shall be in accordance with Prime Items Specification dated 06 Jan 09. Each vehicle shall include all associated special tools, operators manual, and maintenance manual in accordance with CDRLs A001, A002, and A003.

Period of Performance: 1 Apr 2010 through 31 Mar 2011.

Offerors will submit their proposed unit prices using a step ladder structure similiar to the one below. Offerors shall propose price breaks based upon the most cost effective pricing schedule available.

MAX

Spare Parts

Offerors will provide a 90 day LTATV Spare Parts list in accordance with CDRL A004.

Period of Performance: 1 Apr 2010 through 31 Mar 2011.

MAX

Lightweight Tactical All Terrain Vehicle

Lightweight Tactical All Terrain Vehicle (LTATV) shall be in accordance with Prime Items Specification dated 06 Jan 09. Each vehicle shall include all associated special tools, operators manual, and maintenance manual in accordance with CDRLs A001, A002, and A003.

Period of Performance: 1 Apr 2011 through 31 Mar 2012.

Offerors will submit their proposed unit prices using a step ladder structure similiar to the one below. Offerors shall propose price breaks based upon the most cost effective pricing schedule available.

MAX

Spare Parts

Offerors will provide a 90 day LTATV Spare Parts list in accordance with CDRL A004.

Period of Performance: 1 Apr 2011 through 31 Mar 2012.

MAX

Lightweight Tactical All Terrain Vehicle

Lightweight Tactical All Terrain Vehicle (LTATV) shall be in accordance with Prime Items Specification dated 06 Jan 09. Each vehicle shall include all associated special tools, operators manual, and maintenance manual in accordance with CDRLs A001, A002, and A003.

Period of Performance: 1 Apr 2012 through 31 Mar 2013.

Offerors will submit their proposed unit prices using a step ladder structure similiar to the one below. Offerors shall propose price breaks based upon the most cost effective pricing schedule available.

MAX

Spare Parts

Offerors will provide a 90 day LTATV Spare Parts list in accordance with CDRL A004.

Period of Performance: 1 Apr 2012 through 31 Mar 2013.

MAX

Lightweight Tactical All Terrain Vehicle

Lightweight Tactical All Terrain Vehicle (LTATV) shall be in accordance with Prime Items Specification dated 06 Jan 09. Each vehicle shall include all associated special tools, operators manual, and maintenance manual in accordance with CDRLs A001, A002, and A003.

Period of Performance: 1 Apr 2013 through 31 Mar 2014.

Offerors will submit their proposed unit prices using a step ladder structure similiar to the one below. Offerors shall propose price breaks based upon the most cost effective pricing schedule available.

MAX

Spare Parts

Offerors will provide a 90 day LTATV Spare Parts list in accordance with CDRL A004.

Period of Performance: 1 Apr 2013 through 31 Mar 2014.

MAX

MIN/MAX

NOTE: The maximum dollar amount identified in CLINs 1001-5002 above are merely a Contract-Writing-System generated estimated and should not be construed as the maximum dollar amount of the contract. In accordance with FAR 16.504(a)(1), the contract minimum and maximum is stated in terms of “quantity” as identified in the table below. The maximum number of LTATVs under the contract will be 1,625 over the five-year ordering period. There is no limit on the number of LTATVs that can be ordered per fiscal year (except the contract ceiling of 1,625).

1001, 2001, 3001, 4001, & 5001

LTATV

1002, 2002, 3002, 4002, and 5002

Spare Parts – 90 day Kit

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-MAR-2014

31-MAR-2014

MATT JUHL

WARFARE CENTER

300 HIGHWAY 361

CRANE IN 47522-5001

812-854-1181

N00164

31-MAR-2014

MR. BILL MARLOWE

BLDG 5F BLUE GRASS STATION

5749 BRIAR HILL ROAD

LEXINGTON KY 40516-9723

859-293-3679

H92224

31-MAR-2014

H92224

31-MAR-2014

H92224

31-MAR-2014

H92224

31-MAR-2014

H92224

31-MAR-2014

H92224

31-MAR-2014

H92224

31-MAR-2014

H92224

31-MAR-2014

H92224

31-MAR-2014

H92224

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED/DESIRED DELIVERY SCHEDULE

1001, 2001, 3001, 4001, & 5001

LTATV

1002, 2002, 3002, 4002, & 5002 Spare Parts

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered non-compliant and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

1001, 2001, 3001, 4001, & 5001

LTATV

1002, 2002, 3002, 4002, & 5002 Spare Parts

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEC 2008)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.219-3, Notice of HUBZone Small Business Set-Aside (Jan 1999) (15 U.S.C. 657a).

___ (4) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (5) [Removed].

___ (6)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-6.

___ (iii) Alternate II (MAR 2004) of 52.219-6.

___ (7)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-7.

___ (iii) Alternate II (MAR 2004) of 52.219-7.

_X_ (8) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).

_X_ (9)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637(d)(4)).

___ (ii) Alternate I (OCT 2001) of 52.219-9 _X_ (iii) Alternate II (OCT 2001) of 52.219-9.

___ (10) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

_X_ (11) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (12)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (JUNE 2003) of 52.219-23.

___ (13) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (14) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (15) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (U.S.C. 657 f).

_X_ (16) 52.219-28, Post Award Small Business Program Rerepresentation (JUNE 2007) (15 U.S.C. 632(a)(2)).

_X_ (17) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

_X_ (18) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126).

_X_ (19) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

_X_ (20) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

_X_ (21) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of theVietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

_X_ (22) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29

U.S.C. 793).

_X_ (23) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

_X_ (24) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

_X_(25)(i) 52.222-50, Combating Trafficking in Persons (AUG 2007) (Applies to all contracts).

___ (ii) Alternate I (AUG 2007) of 52.222-50.

___ (26)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).

___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)).

___ (27) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) .

___ (28)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

___ (ii) Alternate I (DEC 2007) of 52.223-16.

_X_ (29) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).

___ (30)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (AUG 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

___ (ii) Alternate I (JAN 2004) of 52.225-3.

___ (iii) Alternate II (JAN 2004) of 52.225-3.

___ (31) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (32) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (33) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (34) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (35) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (36) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (37) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

___ (38) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).

___ (39) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

___ (40) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

___ (41)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

____ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (February 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

____ (7) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008)(31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1)(i) through (xi) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(iv) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(v) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vi) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

(vii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(viii) 52.222-50, Combating Trafficking in Persons (AUG 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(ix) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(x) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through 31 Mar 2014.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than Offeror will insert, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of 1,625 each;

(2) Any order for a combination of items in excess of 1,625 each; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after March 2015.

(End of clause)

5652.204-9003 Disclosure of Unclassified Information (2007)

a. On September 21, 2001, the Department of Defense designated Headquarters US Special Operations Command (USSOCOM) a sensitive unit, as defined by Title 10 United States Code (USC) Section 130b (10 USC 130b). In keeping with this designation, unclassified information related to USSOCOM military technology acquisitions managed by USSOCOM or any of its component commands, will be designated Controlled Unclassified Information (CUI). As such, the contractor hereby unequivocally agrees that it shall not release to anyone outside the Contractor’s organization any unclassified information, regardless of medium (e.g., film, tape, document, contractor’s external website, newspaper, magazine, journal, corporate annual report, etc.), pertaining to any part of this contract or any program related to this contract, unless the Contracting Officer has given prior written approval. Furthermore, any release of information which associates USSOCOM, Special Operation Forces (SOF), or any component command with an acquisition program, contractor, or this contract is prohibited unless specifically authorized by USSOCOM.

b. Request for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The contractor shall submit the request to the Contracting Officer at least 45 days before the propose date for release for approval. No release of any restricted information shall be made without specific written authorization by the Contracting Office.

c. The Contractor shall include a similar requirement in each subcontract under this contract. Subcontractors shall submit request for authorization to release through the prime contractor to the Contracting Officer.

d. The Contractor further understands that Title 18 USC Section 701 specifically prohibits the use of the USSOCOM emblem or logo in any medium (e.g., corporate website, marketing brochure, news paper, magazine, etc.) unless authorized in writing by USSOCOM. Forward any request to use the USSOCOM emblem or logo through the Contracting Officer.

(end of clause)

5652.209-9003 Use of Contractor Support/Advisory Personnel as Contract Specialists (2005)

The contractor’s attention is directed to the fact that contractor personnel may assist the Government in a contract administrator role for administration of this contract. Execution of this contract constitutes approval to release the contract and contractor’s proposal to Government Support Contractors who have signed Non-Disclosure and Rules of Conduct/Conflict of Interest Statements.

(end of clause)

LIST OF ATTACHMENTS/EXHIBITS

OF PAGES

Attachments

Exhibits

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JUN 2008)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code is 336112 and small business size standard for this acquisition is 1000 employees. 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 1000 employees.

(b) Submission of offers. Offerors shall submit a complete Proposal on 6 Feb 2009 no later than 12:00 p.m. (EST). Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Proposals shall be transmitted via email to the following addresses: tiffany.garfield.ctr@socom.mil and/or kevin.jans@socom.mil. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(12) The following instructions provide guidance to the offeror in preparing the proposal in response to this commercial solicitation. The proposal must fully comply with all the following instructions. FAILURE TO DO SO MAY BE CAUSE FOR REJECTION. Mere acknowledgement or restatement of a requirement or task is not acceptable. Relevance to the effort listed herein is critical. The information in the proposal should be presented in a clear, coherent, and concise manner. The Specification at Attachment 1 and Performance Parameter Matrix at Attachment 2, together with other applicable portions of the RFP shall be used as the basis for preparing the proposal. An offeror may submit more than one proposal if multiple vehicles meet the Specification and RFP requirements. The proposal shall include all the information requested in the instructions below:

Proposal Submission: The offeror shall submit three separate volumes as follows:

Volume I - Technical no longer than 10 pages. Complete the Performance Parameter Matrix at Attachment 2.

Volume II – Past Performance. Complete the Past/Current Performance Table at Attachment 3.

Volume III - Price

AREA I – TECHNICAL (VOLUME I).

FACTOR 1: TECHNICAL APPROACH.

(1) The offeror shall complete the Performance Parameter Matrix at Attachment 2. The offeror shall provide product literature to include technical features, commercial use, operator’s manual, and maintenance manuals for the proposed vehicle. The offeror shall provide sufficient technical detail for each performance parameter to evaluate compliance with the Specification and RFP requirements. Pertinent aspects of this description shall include but not be limited to, detailed information regarding operational suitability/operational effectiveness and compatibility to meet physical and performance requirements. The offeror shall submit a proposed list of spare parts for 90 days worth of use per vehicle, list of Basis of Issue Items (BII) per vehicle, and identify any special tools that will be required to support the LTATV. Offerors are cautioned that failure to meet the Key Performance Parameters (KPPs) (Survivability, Controls, Powertrain, and Force Protection) may make an offeror no longer eligible for award without evaluation of the remaining parts of the proposal. The proposal shall also include information on model availability which shall include but not be limited to, how long the proposed vehicle will be in production.

FACTOR 2: DELIVERY SCHEDULE

(1) The offeror shall provide a delivery schedule IAW 52.211-8 of the RFP. Offerors are cautioned that failure to meet the required delivery schedule shall make an offeror no longer eligible for award without evaluation of the remaining parts of the proposal. The proposal shall also provide information on the proposed best commercial warranty for the product and spare parts being proposed.

AREA II – PAST PERFORMANCE (VOLUME II).

(1) The offeror shall describe his record, and that of any first-tier/major subcontractor and/or teaming arrangement participant, of experience and past performance with contracts of a similar size, scope and technical complexity within the last five years to those required by this solicitation. Strong emphasis during evaluation of proposals will be placed on the offeror’s record of experience and past performance RELEVANT TO THIS EFFORT. Offerors are required to complete Attachment 03, LTATV Past/Current Performance Table.

(2) The offeror shall provide the required information for any and all contracts it has had terminated in whole or in part, for cause during the past five (5) years, to include those currently in the process of such terminations, as well as those which are not similar to those proposed effort. The contractor shall list each time the delivery schedule was revised and provide an explanation of why the revision was necessary.

(3) Large Businesses responding to this RFP shall provide the following information for the contracts used as past performance references:

Key Small Business subcontractors:

If the Small Business subcontracting goals were met, and

Rationale for not meeting the small business subcontracting goals, if applicable.

(4) Offerors without past performance shall identify that they do not have any past performance related to this requirement.

AREA III – PRICE (VOLUME III)

(1) The offeror shall complete the pricing in the Schedule for the five (5) year ordering period for the CLINs being proposed. Offerors shall propose range order quantities and unit pricing for the applicable CLINS to maximize economies of scale. Offeror shall ensure pricing reflects all performance parameter enhancements of the commercial vehicle being proposed. Example of Step Ladder Pricing (1-50 Ea, 51-150 Ea, 151-300 Ea, 301-500 Ea, 501-1,000 Ea, 1001-1,625 Ea).

(2) Cost and pricing data are not required in accordance with FAR 15.403-1(b), however, the Contracting Officer reserves the right to request other than cost and pricing information should it be necessary to allow the Government to make a fair and reasonable price determination.

(3) The offeror shall identify and fully explain any price anomalies (i.e., range order pricing economies of scale differences.)

(4) The proposal shall include the following pricing information for prime contractor and any first-tier/major subcontractor or teaming partner unless it is inapplicable to this effort:

(a) Catalog pricing containing detailed price lists (note: proposal shall provide an explanation of any differences between the price list and the proposed price).

(b) The basis for the proposed inflation from year to year, if proposed.

(c) Any other basis to prove commerciality.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) 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.

(e) 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 12:00 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.

(f) 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.

(g) 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.

(h) 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 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 ( http://assist.daps.dla.mil ).

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

(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 (http://assist.daps.dla.mil/wizard);

(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) 697/2197, Facsimile (215) 697-1462.

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

(i) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) 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 CCR 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 DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(j) Central Contractor Registration. 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 CCR 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 CCR 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 Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(k) 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 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 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)

52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)

(a) Failure to comply with the instruction identified herein or mere acknowledgement or restatement of a requirement or task is not acceptable and may be cause for rejection.

(b) Basis for Award.

(1) The Government will award a contract or multiple contracts resulting from this solicitation to the responsible offeror(s) whose proposal provides the best value to the Government with appropriate consideration given to the Areas of evaluation: Technical, Past Performance and Price. Offerors are cautioned that an award may not necessarily be made to the lowest price offeror.

(2) The Technical Area is most important and is significantly more important than the Past Performance Area. The Past Performance is more important than Price. The Technical and Past Performance Areas when combined are significantly more important than the Price Area. Offerors are cautioned that any deficiency in any area, factor, or element of evaluation may be grounds for exclusion of the offeror’s proposal from consideration for award. The Areas and Factors are identified as follows:

(A) AREA I – TECHNICAL: Factor 1 is more important than Factor 2.

FACTOR 1 – Technical Approach.

FACTOR 2 – Delivery Schedule and Model Availability.

(B) AREA II - PAST PERFORMANCE.

(C) AREA III – PRICE: Factor 2 is more important than Factor 1.

FACTOR 1 – Completeness & Balanced Pricing

FACTOR 2 - Total Evaluated Price

(3) EVALUATION APPROACH. Each proposal will be evaluated on merit, best overall value to the Government, and the ability to meet the objectives of the acquisition as detailed by the criteria listed herein. In addition to other factors, offers will be evaluated on the basis of advantages and disadvantages to the government that might result from making more than one award (multiple awards), particularly the risk to the Government from a technical integration and cost perspective. In addition, consideration of tradeoffs that satisfy the Government’s requirements with significant advantages that reduce the risk of performance, documents the proposed methods in extensive detail, indicates a thorough understanding of the requirements, and provides a low risk in program execution

(A) AREA I – TECHNICAL. The Government will evaluate the extent to which the offeror’s technical proposal will result in providing a vehicle which satisfies the specification and requirements stated in the solicitation.

FACTOR 1 – Technical Approach. The Government will evaluate the extent to which the proposal demonstrates the proposed Lightweight Tactical All Terrain Vehicle (LT ATV) enhances the effectiveness of military units under a spectrum of operational conditions. In accordance with the item requirements outlined in the Specification, both objective and subjective data will be collected in order to assess the proposed LT ATVs’ operational suitability and effectiveness. The proposal will also be evaluated to determine whether it demonstrates the offeror can provide a vehicle without any major design changes during the ordering period of the contract.

The Government reserves the right to use published and/or commercially available information outside the offeror's proposal to conduct our evaluation of the proposed LT ATV. The Government will evaluate the offeror’s Performance Parameter Matrix as follows:

Key Performance Parameters (KPP’s) are the most important performance parameter and must be met for a proposal to be considered for award.

Thresholds (T) are minimum Government performance requirements which must be met in order to be fully compliant with the solicitation requirements.

Objectives (O) are the Government’s desired performance requirements. Offerors able to meet or improve on the Government’s objectives will receive greater consideration for award, price and other factors considered.

FACTOR 2 – Delivery Schedule. The Government will evaluate the extent to which the offeror’s proposed delivery schedule meets the desired (O) and required (T) delivery schedule as included in Section 52.211-8 of the RFP. The desired delivery schedule is more important than the required delivery schedule. Commercial warranty information will be evaluated in accordance with FAR 12.4040(b)(1) and (2).

(B) AREA II: PAST PERFORMANCE.

1) The offeror’s proposed references for prime offeror and team members’/subcontractors’ record of previous performance for similar and/or related…