0416R0028_amendment.pdf

SEE ADDENDUM

(No Collect Calls)

HDEC04-16-R-0028 07-Mar-2016

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

04:00 PM 11 Apr 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

HDEC049. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CHRISTINA WILLIS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

HQCMCS60112700000

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

DEFENSE COMMISSARY AGENCY

SUPPLY & EQUIPMENT DIVISION

BUILDING P 11200

1300 E AVENUE

FORT LEE VA 23801-1800

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE HQCMCS 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

VANCE AIR FORCE BASE COMMISSARY

BUILDING 410

216 FIELDS STREET

VANCE AFB OK 73705-5702

TEL: (580) 213-7788 FAX:

(804) 734-8269/8886FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$7,500,000

NAICS:

811310

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF56

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

HDEC04-16-R-0028

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Vance AFB Commissary MHE

FFP

Period of Performance - May 1, 2016 or Date of Award to April 30, 2017 FOB: Destination

PURCHASE REQUEST NUMBER: HQCMCS60112700000

NET AMT

PSC CD: J039

0001AA 40 Hours Time - Unscheduled Maint/Repair

T&M Hourly Rate

TOT ESTIMATED PRICE

CEILING PRICE

0001AB 8,000 Each Materials

T&M This is NOT a priced CLIN, it is a pre-determined amount where DeCA will pay actual costs for parts as evidenced by supplier invoice for direct materials and supplies used to accomplish preventive maintenance and repair services.

0001AC 10 Each Trip Charge

FFP

0001AD 2 Each 1R06, Electric Forklift

FFP

Semi-Annual Preventative Maintenance

0001AE 2 Each 1R07, Narrow Aisle Forklift

FFP

Semi-Annual Preventative Maintenance

0001AF 2 Each 1R08, Walkie Rider Pallet Jack

FFP

Semi-Annual Preventative Maintenance

OPTION Vance AFB Commissary MHE

FFP

Period of Performance - May 1, 2017 to April 30, 2018

1001AA 40 Hours OPTION Time - Unscheduled Maint/Repair

T&M

1001AB 8,000 Each OPTION Materials

T&M This is NOT a priced CLIN, it is a pre-determined amount where DeCA will pay actual costs for parts as evidenced by supplier invoice for direct materials and supplies used to accomplish preventive maintenance and repair services.

1001AC 10 Each OPTION Trip Charge

FFP

1001AD 2 Each OPTION 1R06, Electric Forklift

FFP

Semi-Annual Preventative Maintenance

1001AE 2 Each OPTION 1R07, Narrow Aisle Forklift

FFP

1001AF 2 Each OPTION 1R08, Walkie Rider Pallet Jack

FFP

OPTION Vance AFB Commissary MHE

FFP

Period of Performance - May 1, 2018 to April 30, 2019

2001AA 40 Hours OPTION Time

T&M

2001AB 8,000 Each OPTION Materials

T&M This is NOT a priced CLIN, it is a pre-determined amount where DeCA will pay actual costs for parts as evidenced by supplier invoice for direct materials and supplies used to accomplish preventive maintenance and repair services.

2001AC 10 Each OPTION Trip Charge

FFP

2001AD 2 Each OPTION 1R06, Electric Pallet Jack

FFP

2001AE 2 Each OPTION 1R07, Narrow Aisle Forklift

FFP

2001AF 2

1R08, Walkie Rider Pallet Jack

FFP

FOIA INFO

21 Jan 2009 – FOIA Memo

IMPORTANT NOTICE

Upon award of this contract, the Agency intends to make public the total contract award amount, as well as any awarded individual contract line item pricing (CLIN and Sub-CLIN), within the Agency’s electronic reading room located at www.commissaries.com.

Unexercised Option year prices will not be published.

This action is being taken to ensure contract award information is available to the general public, as it was in the past, pursuant to the President’s January 21, 2009 memorandum regarding the Freedom of Information Act (FOIA).

PM CHECKLIST

CED# PREVENTIVE MAINTENANCE TASK LIST

1R05-A PALLET JACK, ELECTRIC, (WALKIE 1R05-A) AND (WALKIE/RIDER 1R08)

1R08 Task Procedure or Action Service Tech

Initials 1 Battery check water level and add water if necessary perform an equalization charge

Panels - Latches check operation

Power Disconnect neutralize and clean

2 Brake check operation

3 Drive unit check level and add oil if necessary change oil annually (TO BE PERFORMED DURING THE FIRST

"SEMI-ANNUAL" PREVENTIVE MAINTENANCE (PM)

4 Electrical Circuits check operation

Contactors check condition

Motor Brushes check condition and replace if needed

5 Chassis check all fittings and lubricate with multipurpose grease if needed

6 Caster Wheel check clearance and adjust if needed

7 All linkage check condition and lubricate with multipurpose grease

8 Load wheel bearings check condition and lubricate with multipurpose grease clean and repack bearings annually (TO BE PERFORMED DURING

THE FIRST "SEMI-ANNUAL" PREVENTIVE MAINTENANCE (PM)

9 Hydraulic hoses and clamps check for leaks

Hydraulic oil level check level and add hydraulic oil if necessary change hydraulic oil annually (TO BE PERFORMED DURING THE

FIRST "SEMI-ANNUAL" PREVENTIVE MAINTENANCE (PM)

Dipstick/Breather Cap clean or replace

Hydraulic oil filter replace annually (TO BE PERFORMED DURING THE FIRST "SEMI-

ANNUAL" PREVENTIVE MAINTENANCE (PM)

Relief valve check condition and settings

10 mounting bolts for the electric motor and drive unit check torque

11 Wheel bolts check torque 12 Controls clean as needed

13 Interlock switches check operation

14 All motors clean with compressed air

15 Steer handle pivot pins check torque

16 Emergency disconnect switch test operation

17 Safety Labels check condition and replace if needed

NOTE* If deficiencies are detected during semi-annual PM checks, report findings to the COR.

CED# PREVENTIVE MAINTENANCE TASK LIST

1R06 FORKLIFT, ELECTRIC, SIT-DOWN LOW PROFILE

Task Procedure or Action Service Tech

Initials 1 Battery check water level and add water if necessary perform an equalization charge

Panels - Latches check operation

Power Disconnect check operation

2 Brake check operation

Fluid check fluid level and add fluid if necessary change brake fluid annually (TO BE PERFORMED DURING THE FIRST

Rods & Drum Splines check operation and lubricate with anti-seize lubricant

Brake linkage and shafts check operation and lubricate with multipurpose grease

Master Cylinder check operation

3 Parking Brake Check operation and adjust as necessary

Linkage check condition and lubricate with silicone spray

4 Direction and speed control pedals check operation

5 Electrical Circuits check operation

Contactors check condition

Motor Brushes check condition and replace if needed

6 Differential and speed reducer check for leaks change gear oil annually (TO BE PERFORMED DURING THE FIRST

7 Forks check condition

Fork pins and guides check condition and lubricate with engine oil if necessary

8 Side shift carriage check 4 fittings and lubricate with multipurpose grease

Integral Side shift carriage (upper/lower bearings) check wear on bearings and replace as necessary

9 Gauges, Horn, Lights, Fuses check operation

10 Hydraulic hoses and clamps check for leaks

Hydraulic oil level check hydraulic oil level and add if necessary change hydraulic oil level annually (TO BE PERFORMED DURING THE

FIRST "SEMI-ANNUAL" PREVENTIVE MAINTENANCE (PM)

Hydraulic Tank Breather Clean or replace

Hydraulic oil filter replace annually (TO BE PERFORMED DURING THE FIRST "SEMI-

ANNUAL" PREVENTIVE MAINTENANCE (PM)

11 DC motor brushes hydraulic pump check condition and replace if needed

12 Pivots (mast) check fittings and lubricate with multipurpose grease as necessary

Mast check operation

Mast sliding surfaces check condition and lubricate with multipurpose grease as necessary Mast carriage, header, hoses check condition

Lift chains check condition and lubricate with engine oil if necessary

13 Tires Check condition

Steering and drive wheel nuts Check torque Wheel bearings check condition and lubricate with multipurpose grease if needed

14 All motors clean with compressed air

15 Safety Labels check condition and replace if needed

CED# PREVENTIVE MAINTENANCE CHECK LIST

1R07 NARROW AISLE, REACH & TIER

Task Procedure or Action Service Tech

Initials

1 Battery check water level and add water if necessary perform an equalization charge

Panels - Latches check operation

Power Disconnect neutralize and clean

2 Brake check operation and adjust if necessary

Fluid check fluid level and add fluid if necessary

Change brake fluid annually necessary (TO BE PERFORMED DURING

THE FIRST "SEMI-ANNUAL" PREVENTIVE MAINTENANCE (PM)

Rods & Drum Splines lubricate with anti-seize lubricant if necessary

Brake linkage and shafts check operation and lubricate with multi-purpose grease

Master Cylinder check operation

3 Control Handle check operation

Control Handle Bushing check condition and lubricate with multi-purpose grease

4 Electrical Circuits check operation

Contactors check condition, clean if necessary and tighten terminals

Motor Brushes check condition and replace if needed

Traction Motor Bearings check and change as necessary

5 Forks-All check for damage

Hook for guides & locks lubricate with anti-seize lubricant if necessary

6 Gauges, Horn, Lights, Fuses check operation

7 Hydraulic hoses, clamps and fittings check for leaks, wear, kinks, flattening and charring

Hydraulic oil level check hydraulic oil level and add if necessary change hydraulic oil level annually necessary (TO BE PERFORMED

DURING THE FIRST "SEMI-ANNUAL" PREVENTIVE MAINTENANCE

(PM)

Hydraulic Pump Check for noise and operation

Hydraulic Tank Breather Clean or replace

Hydraulic oil filter replace annually necessary (TO BE PERFORMED DURING THE FIRST

8 Lift Chains check condition, adjust if necessary and lubricate with engine oil if necessary

Articulating Chain Anchors 3 stage mast check condition and lubricate with engine oil

9 Mast and Carriage check condition

Pivots and Sliding Surfaces lubricate with Multi-purpose grease as necessary

10 Articulation Shaft check condition

Articulation Shaft Retaining Bolt lubricate with anti-seize lubricant if necessary

Articulation Shaft Ends lubricate with anti-seize lubricant if necessary

11 Reach Arms Single Reach lubricate with Multi-purpose grease

Reach Arms Double Reach lubricate with Multi-purpose grease

Reach Cylinder Pivot Points lubricate with Multi-purpose grease

Thrust Rollers-Reach Frame lubricate with Multi-purpose grease

12 Pedals, Levers, Cables, Hinges, Linkages check operation and lubricate with anti-seize lubricant

13 Steering Operation check operation

14 Tire and Wheels check condition

Caster Wheel Assembly lubricate with Multi-purpose grease

Load Wheel Bolts lubricate with anti-seize lubricant if necessary

15 All motors clean with compressed air

16 Safety Labels check condition and replace if needed

17 All bolts, nuts, cotter pins, etc. check and adjust as needed

Signature of COR Signature of Service Technician

PERFORMANCE WORK STATEMENT

Maintenance and Repair of Material Handling Equipment (MHE)

1 Introduction Maintenance and Repair of Material Handling Equipment (MHE) at various Defense Commissary Agency (DeCA) locations.

1.1 Scope

Provide Preventive Maintenance (PM) and unscheduled repair of MHE, as identified, located at DeCA commissaries and/or Central Distribution Centers (CDC).

1.2 Definitions

A. Contractor: The party to a contract who is responsible for providing the contracted services.

B. Material(s)/Part(s): Includes all items which enable the equipment listed to operate in accordance with (IAW) manufacturer's recommendations. Such items may include but are not limited to: batteries, filters, belts, hoses, tires, and various fluids. Fuel, of any type, is not provided via this maintenance contract. Replacement material(s) shall be OEM compliant, new out of the box. Any part or material which individually costs five dollars ($5.00) or less shall be absorbed in the contractor’s overhead; regardless of quantity purchased or used.

C. Trip charge shall be defined as the round trip travel needed to complete a service call, for repairs only, from the home office or service center, whichever is closest to the commissary, and return to the home office or service center. Contractor may bill for a trip charge for calls made by the stores for estimates that do not ultimately result in a repair. Trip charges shall be firm fixed price and do not apply to PM services.

D. Preventive Maintenance: PM’s shall be included and billed as repairs including hourly labor charge and parts.

E. Material Handling Equipment: For coverage purposes this PWS will cover the following types of equipment:

Repair and PM:

Forklift, Electric, Sit-Down, Low Profile DeCA CED # 1R06 Narrow Aisle, Reach and Tier DeCA CED # 1R07 Pallet Jack, Electric Walkie-Rider, 6000 Lb Capacity DeCA CED # 1R08

Repair Only:

Battery Charger, 24 Volt, DeCA CED # 1R01 Battery Charger, 36 Volt, DeCA CED # 1R04

Not all equipment types listed will be at each location. Only quantities listed for each store are covered by the contract.

1.3 Key Government Positions

A. Contracting Officer (KO): An individual with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer.

The KO for this contract is: Dessie L. Mills Phone: 804-734-8000 x48511 Email: dessie.mills@deca.mil

B. Contracting Officer's Representative (COR): An individual designated and authorized in writing by the contracting officer to perform specific technical or administrative functions. When the term COR is used elsewhere in this contract, it means the COR as designated by the Contracting Officer.

C. Store Director (SD): An individual responsible for overall commissary operations. When the term SD is used elsewhere in this contract, it means the SD personally or the Acting SD.

D. Supply Management Specialist (SMS): An individual responsible for administrative work primarily concerned with analyzing, developing, evaluating, or promoting improvements in the policies, plans, methods, procedures, systems, or techniques of a maintenance program.

The Headquarter (HQ) SMS for this contract may be contacted at:

DeCA HQ Equipment Maintenance Team, EquipmentMaintenanceTeamMembers@deca.mil

2. General Requirements Contractor shall provide all labor, supervision, equipment, tools, materials, parts, transportation of employees, permits and other necessary items to perform the various services as identified in this PWS. The contractor shall have access to technical manuals required to perform the services as stated in this PWS.

At time of award and throughout the duration of this contract, the Contractor shall assure that Contractor personnel completely understand the requirements of this PWS. Service technicians should have a sound mechanical aptitude, ability, and an extensive working knowledge of troubleshooting, diagnosis, and repair of the equipment included in this PWS, to include various attachments and the following systems:

INTERNAL COMBUSTION EQUIPMENT ELECTRONIC POWERED EQUIPMENT

Transmission All Electric Motors Engine Electric Control Panels Hydraulic System Hydraulic System Drive Axle and Brakes Drive Axle and Brakes Steering Axle and Brakes Steering Axle and Brakes Electrical System Electronic Control Panels/Computer boards Electronic Control Panels/Computer boards

2.1 Non-Personal Services

The Government shall neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor's responsibility to notify the KO immediately.

2.2 Management

The Contractor shall work to integrate and coordinate all activities needed to execute the requirements of this PWS with the SD and/or the COR, and with headquarter personnel (SMS) as referenced in section 3. The Contractor shall manage the timeliness, completeness, and problem identification of all equipment issues. The Contractor shall provide corrective action plans, submit quotes, monitor timely identification of issues, and the management of subcontractors if required. The Contractor shall seek to ensure customer satisfaction at all times and present a professional and ethical business behavior.

2.3 Contract Administration and Management

The following subsections specify requirements for contract, management and personnel administration.

2.3.1 Contract Management

The Contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the requirement. The Contractor must maintain continuity between the support operations at corresponding DeCA locations, the headquarter level and the Contractor's corporate offices.

2.3.2 Contract Administration

The Contractor shall establish processes and assign appropriate personnel resources to effectively administer the requirements of this contract. The Contractor shall respond to Government requests for contractual actions with-in the time constraints as dictated in section 3. The Contractor shall have a single point of contact (POC) identified between the Government and Contractor assigned to support this contract. This POC shall be provided to the COR within 10 days of contract award. The Contractor shall assign/direct the work effort, maintaining proper and accurate time keeping records of personnel assigned to work on this requirement. The contractor's POC shall sign in and out of the visitor log and notify the COR for surveillance prior to performing service and after completing service. The Contractor shall ensure DeCA email addresses are in their address book to prevent any loss or delay in communications.

2.4 Subcontract Management

The Contractor shall be responsible and accountable for subcontractor performance on this requirement. The prime Contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations.

2.5 Contractor Personnel

The following subsections specify requirements for contract, management and personnel administration.

2.5.1 Personnel Training

The Contractor shall accomplish the assigned work by qualified personnel with appropriate combinations of education, training, and experience.

2.5.2 Consumption or Use of Government Property

The Contractor shall not permit Contractor personnel to consume or use Government-owned resale items or any Government-owned equipment or supplies that are not specifically provided for Contractor use under this contract.

2.5.3 Use of Alcoholic Beverages/Drugs

The Contractor shall not permit Contractor employees to work under the influence of alcoholic beverages, cannabis, illegal drugs, or controlled substances. Contractor personnel are prohibited from using alcoholic beverages, cannabis, illegal drugs, or controlled substances while on duty.

2.5.4 Removal of Employees for Cause

The contractor shall immediately bar a contractor employee(s) for the following actions: deliberate destruction or mishandling of government, patron or vendor property; theft; use of alcoholic beverages; cannabis, illegal drugs or use of controlled substances; performance of work in other than a skillful manner; displaying disruptive/unacceptable behavior (e.g., abusive, demeaning, foul or threatening language and/or fighting) and willful violations of safety standards by contractor personnel. Removal of any employees for such cause shall not constitute a valid basis for non-performance of contract services or a claim for additional compensation. The contractor shall provide written notification to the KO regarding this action.

2.5.5 Installation Access

The contractor shall be responsible for obtaining installation access as required for all contractor employees authorized to work at the site specifically for this contract. Any government furnished identification shall be returned to the government when the contractor employee no longer works for the contractor at this installation or at the end of the contract, whichever comes first. Military, retired or dependent identification cards are not authorized for use as a means to access the base for performance on this contract. Additionally, see Federal Acquisition Regulation (FAR) Clause 52.204-9.

2.5.5.1 Denial of Installation Access

Contractor employees may be denied access to the military installation by the installation law enforcement officials if it is determined that such entry may be contrary to good order, discipline or the security of the installation. The installation may bar Contractor employees from entering the military installation under the provisions of Title 18, United States Code Section 1382.

2.5.5.2 Motor Vehicle Registration

ADDENDUM TO 52.212-1

INSTRUCTION TO OFFERORS- COMMERCIAL ITEMS

(a) North American Industry Classification System (NAICS) code and small business size standard: The applicable NAICS to this solicitation is 811310 and the Size Standard is $7.5 million. Your Reps and Certs must include the NAICS applicable to this solicitation document and indicate your organization’s business size status.

(b) Submission of Offers: Proposals are to be submitted to the Defense Commissary Agency (DeCA), Supply/Equipment Acquisition Division DeCA/LEAE, ATTN: Christina Willis, 1300 E Avenue, Fort Lee, Virginia 23801-1800. You may send to the email to christina.willis@deca.mil. The complete proposal with authorized representative’s signature must be received by the closing date and time annotated within this solicitation.

Failure by the offeror to submit all of the requirements may be cause for the proposal to be rejected with no further consideration given.

(b)(2) By submission of a proposal: Offeror acknowledges the requirement to register in Wide Area Workflow (WAWF) prior to award. The successful awardee will be required to submit “combo invoices” in WAWF to facilitate the payment process. For more information on WAWF, please log in to https://wawf.eb.mil/.

Offerors are encouraged to take the Web Based Training on the WAWF site if this is the first time providing a proposal to the government.

Offerors acknowledges the requirement to register in Electronic Document Access (EDA) prior to award. The successful awardee will use this site to receive and/or obtain the basic contract and any future modifications. For more information on EDA, please log in to http://eda.ogden.disa.mil/ via https://wawf.eb.mil/.

Offerors are encouraged to review the Training Material on the EDA site if this is the first time providing a proposal

Offerors acknowledges the requirement to register in myInvoice prior to award. The successful awardee can use this site to review payment status for invoices. For more information on myInvoice, please log in to https://myinvoice.csd.disa.mil/ via https://wawf.eb.mil/. Offerors are encouraged to review the Instructions on the myInvoice site if this is the first time providing a proposal to the government.

(b)(4) Technical acceptability: Offerors shall submit a separate technical proposal, including attachments.

It is imperative that your written technical proposal explicitly addresses all of the evaluation factors and sub-factors set forth under Technical Capability below. Each question should be addressed separately. The narrative must be written in a clear, concise fashion, describing precisely HOW the offeror proposes to perform the requirements. If you plan on subcontracting, provide information on your subcontractor(s) in each narrative. Please keep in mind the Limitations on Subcontracting as stated in FAR 52.219-14 when applicable.

Offerors are encouraged to arrange site visits to obtain detailed information regarding the equipment shown in the equipment list in the PWS. Arrangements should be made with the store director at each location. Store addresses and contact information can be found at http://www.commissaries.com/store_locator.cfm.

Technical specifications for the equipment covered by this requirement can be found on the Automated Commercial Equipment Description (ACED) website. Please reference the complete Commercial Equipment Description (CED) of the requested items at www.commissaries.com. Use the following instructions to navigate the website:

(1) Go to: www.commissaries.com

(2) To “About Us”

(3) To “Business with DECA”

(4) To “Equipment”

(5) To “Automated Commissary Equipment Descriptions”

(6) To “Search CED’s”

(7) In “Search” enter the CED number and search

(8) The CED will open for viewing/printing

CED numbers, for Material Handling Equipment (MHE) covered by this requirement, can be found in the Performance Work Statement (PWS).

(b)(6) Price: Provide your best price for each line item and enter the total price for the maximum quantity for each line item. Enter all pricing for the base and option years. Do not price parts CLINs. We will use a predetermined amount as a place holder for systems purposes once the contract is awarded. The vendor will be paid for actual costs for materials as evidenced by supplier invoice for direct materials and supplies used to accomplish preventive maintenance and repair services supported by a copy attached to the invoice in Wide Area Workflow (WAWF).

Enterprise Wide Contractor Manpower Reporting (eCMRA) - Offerors should include the cost as part of your overall pricing submitted for base and option years.

(b)(8) Offerors must have certifications updated for the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/ via https://www.acquisition.gov/ . SAM certifications must include the respective NAICS code found within the solicitation. The offeror only needs to complete paragraph (b) of FAR 52.212-3 and submit with their proposal if in SAM, if not in SAM then the offeror must complete FAR 52.212-3 in its entirety.

By submission of a proposal, 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. (refer to clause 52.204-7 System for Award Management (SAM) (JUL 2013))

(b)(10) Past Performance: Submit at least five (5) references from companies that you have conducted business with for services that are similar to those listed in this solicitation within the last three (3) years. You should notify the references that we will be contacting them to complete past performance surveys and that they should respond promptly. Include the following information for each reference:

(1) Name of Company

(2) Point of Contact Name and Title

(3) Phone Number/Email Address

(4) Facsimile Number

(5) Email Address

(6) Description of Services Provided

The references will be asked to provide information on your company’s past performance with regard to timeliness of service, repair history, and customer service/business relations. Any other past performance information available will also be considered. Please do not submit past performance references from DeCA Commissaries or DeCA HQ. DeCA will obtain past performance information from the commissaries and HQ.

Past performance references are due 7 days prior to the closing date of the solicitation.

Period for acceptance of offerors: 90 days.

ADDENDUM TO 52.212-2

EVALUATION – COMMERCIAL ITEMS

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation is the lowest priced, technically acceptable to the Government.

The evaluation criteria consist of three (3) evaluation factors: Technical, Past Performance and Price. To receive consideration for award, a rating of “Acceptable” must be achieved for the Technical factor and rating of “Acceptable” for the Past Performance factor. For each proposal found to be eligible for award, price will become the determining factor for making the award.

The LPTA process is appropriate when best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. The LPTA process does not permit tradeoffs between price and non-price factors (FAR 15.101-2).

Evaluation factors and sub-factors shall be the primary determinant of the detailed information requested in the solicitation’s instructions to offerors.

If sub-factors are used, they are to be evaluated separately.

Factors and sub-factors shall be evaluated on an acceptable or unacceptable basis.

All LPTA shall evaluate cost/price and acceptability of the product/service.

1. Evaluation Factors: Offerors proposals will be evaluated against the following factors:

Factor 1 – Technical Acceptability of Service Sub-factor 1.1 – Performance Proposal

Sub-factor 1.2 – Technician Experience

Factor 2 – Past Performance

Sub-factor 2.1 – Service Timeliness Sub-factor 2.2 – Repair History Sub-factor 2.3 – Customer Satisfaction

Factor 3 – Cost/Price

1.1 Factor 1: Technical Acceptability of Service

Submission Requirement:

Sub-factor 1.1: Performance Proposal

1. Offeror must provide a brief narrative, not to exceed 3 pages that demonstrate the offerors ability to provide the services detailed in the Performance Work Statement (PWS) and Preventive Maintenance (PM) task list. The narrative must be written in a clear, concise method, describing precisely how the offeror proposes to perform the requirements.

Minimum Requirement: Offeror must provide a brief narrative explaining how they will perform the standards prescribed in section 3 of the PWS.

Sub-factor 1.2: Technician Experience

2. Offeror must explain how service technicians have a sound mechanical aptitude, ability and extensive working knowledge of troubleshooting, diagnosing and repairing the equipment listed in the PWS section 1.2 paragraph E.

Minimum Requirement: Offeror possesses evidence that service technicians have the training or experience to perform repair(s) of equipment listed in PWS section 1.2 paragraph E.

Technical Acceptability: Technical factors and sub-factors that match the specific evaluation criteria for the RFP and assess whether the offeror’s proposal will satisfy the Government’s minimum requirements. Technical acceptability will be based on a scale of acceptable or unacceptable.

Technical Acceptable / Unacceptable Ratings All factors and sub-factors must receive an “acceptable” rating in order to be considered for award Rating Description Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

1.2 Factor 2: Past Performance

Submission Requirement:

The contractor is required to submit at least five (5) references from companies that they have conducted business with for services that are similar to those listed in this solicitation within the last three (3) years. Do NOT submit references from DeCA Commissaries or Headquarters, as that data will already be included in the Past Performance Information Retrieval System (PPIRS).

Past performance will be rated on an acceptable or unacceptable basis. A past performance questionnaire with the following questions will be submitted to the references provided.

Sub-factor 2.1: Service Timeliness

1. How is this offeror rated regarding their timeliness in responding and completing work/repair requests?

2. Do reports/surveys indicate that the offeror is responsive regarding customer’s questions or additional information concerning work performed?

Sub-factor 2.2: Repair History

1. What is this company’s success rate of completing work/repair request on first time visits?

Sub-factor 2.3: Customer Satisfaction

1. How did the offeror rate in overall business relations and customer satisfaction?

2. Do reports/surveys indicate that company would select this offeror again if they were given the opportunity?

Past Performance evaluation results in an assessment of the offeror’s probability of meeting the solicitation requirements. The past performance evaluation considers each offeror’s demonstrated recent and relevant record of performance in supplying products and services that meet the contract’s requirements.

Past Performance Acceptable / Unacceptable Ratings Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

1.3 Factor 3: Cost/Price

Submission Requirement:

Each offer must submit a fixed price for preventative maintenance services for each equipment category. The contractor must also submit fixed labor rate for repairs.

Each offeror must submit:

Time – a fixed hourly labor rate for repairs (eCMRA – Offerors should include the cost as part of your overall pricing submitted for base and option years)

Materials – This is not a priced CLIN, it is a predetermined amount where DeCA will pay actual costs for materials as evidenced by supplier invoice for direct materials and supplies used to accomplish repair services.

PM – a firm-fixed price for preventative maintenance services for each equipment category Trip Charge – a firm-fixed price for a round trip from Contractor’s business to commissary and return. The number of estimated trips is for evaluation purposes only and are not to be construed as guaranteed quantities.

Evaluation criteria

Time Hourly Rate * Estimated Hours = Evaluated Price Materials = Predetermined by DeCA PM PM Rate * Quantity = Evaluated Price Trip Charge Contractor Rate * Estimated Trips = Evaluated Price

Sum of All of the Above = Total Evaluated Price Per Year

The above process will determine the total evaluated price per year for one location. The sum of the total evaluated price for the base and all option years for all locations will determine the total value for each proposal.

Award will be made to the responsible offeror(s) whose offer, conforming to the solicitation, provides the Lowest Price Technically Acceptable offer.

ONLY ONE AWARD IS POSSIBLE.

THE GOVERNMENT RESERVES THE RIGHT TO AWARD WITHOUT DISCUSSIONS.

ADDENDUM TO 52.212-4

TERMS AND CONDITIONS - COMMERCIAL ITEMS

The following paragraphs have been changed/added to FAR 52.212-4 Terms and Conditions – Commercial Items.

(c) Changes: Administrative Modifications-

The government may issue unilateral written modifications that do not affect the substantive rights of the parties. Examples of administrative modifications are corrections in the payment office address or changes to the accounting and appropriation data. Contract modifications will be issued and accessed through the Electronic Document Access System (EDA) http://eda.ogden.disa.mil via Wide Area Work Flow (WAWF) https://wawf.eb.mil/. Contractors must complete the on-line registration available at the website in order to retrieve documents displayed there.

(g) Invoice: Procedures-

All invoices shall be submitted electronically to DFAS Columbus via https://wawf.eb.mil/ in accordance with DFARS clause 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008). The contract will require the type of invoice to be used as “Invoice and Receiving Report (COMBO)”.

Separate invoices shall be created for each location and service call.

The contractor must access the WAWF Vendor Tools on the DFAS website and complete the requirements to obtain an active WAWF account. This will allow the contractors to submit invoices via WAWF so that payments can be processed electronically through EFT.

(i) Payment: Procedures-

Contract payments will be processed electronically via EFT through the Defense Finance and Accounting Service (DFAS). Prior to DFAS releasing any contract payment, the contractor must submit a proper invoice using Wide Area Work Flow (WAWF) electronic commerce. After a proper invoice is received, a Government representative will acknowledge acceptance and receipt. After all items are properly submitted, the contract payment will be processed via DFAS electronically.

Payment status can be obtained by checking the Misc Info Tab on your invoice in WAWF and on the MyInvoice link or at https://myinvoice.csd.disa.mil/index.html via https://wawf.eb.mil/.

Payment Inquiries: Payment questions can be addressed by calling DFAS – Columbus, OH Customer Service at 800-756-4571, Opt 2, Opt 2.

If you need technical assistance on WAWF, contact: Ogden Help Desk, 866-618-5988, Opt 2, Opt 3

For additional WAWF information, see clause 252.232-7003, ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS AND RECEIVING REPORTS (MAR 2008).

(q) Other Compliances: Labor Poster Information-

Clause at 52.222-41, Service Contract Act of 1965, as amended, is applicable to the services performed under this contract. The contractor is responsible for obtaining and posting the following publications available at http://www.dol.gov/compliance/topics/posters.htm

1. Employee Rights on Government Contracts (WHD Publication 1313)

2. Employee Rights under Fair Labor Standards Act (WHD Publication 1088)

3. Equal Employment Opportunity is the Law (OFCCP 1420)

If you are unable to obtain a copy of the applicable posters at the above web site, please contact the Contract Administrator identified on page one of this award document.

PERIODS OF PERFORMANCE:

Base Year: Date of award through April 30, 2017 Option Year 1: May 1, 2017 through April 30, 2018 Option Year 2: May 1, 2018 through April 30, 2019

EQUIPMENT LIST

VANCE AFB EQUIPMENT LIST

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 N/A N/A N/A N/A

0001AA POP 01-MAY-2016 TO

30-APR-2017

N/A VANCE AIR FORCE BASE COMMISSARY

BUILDING 410

216 FIELDS STREET

VANCE AFB OK 73705-5702

(580) 213-7788

HQCMCS

QTY CED TYPE MANUFACTURER MODEL # SERIAL #

1 1R06 4000 LB ELECTRIC

FORKLIFT

YALE ERC040VA B814N01841C

1 1R07 NARROW AISLE

FORKLIFT

CLARK NP300-30 415050

1 1R08 WALKIE RIDER

PALLET JACK

YALE MPE060-E MPE060-

FLFN24T2748

2 1R01 CHARGER BATTERY

24 VOLT

YALE/ENERSYS/AMETEK VARIOUS UNKNOWN

1 1R04 CHARGER BATTERY

36 VOLT

YALE/ENERSYS/AMETEK VARIOUS UNKNOWN

0001AB POP 01-MAY-2016 TO

30-APR-2017

N/A (SAME AS PREVIOUS LOCATION)

0001AC POP 01-MAY-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AD POP 01-MAY-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AE POP 01-MAY-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AF POP 01-MAY-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 N/A N/A N/A N/A

1001AA POP 01-MAY-2017 TO

30-APR-2018

N/A VANCE AIR FORCE BASE COMMISSARY

BUILDING 410

216 FIELDS STREET

VANCE AFB OK 73705-5702

(580) 213-7788

1001AB POP 01-MAY-2017 TO

30-APR-2018

N/A (SAME AS PREVIOUS LOCATION)

1001AC POP 01-MAY-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1001AD POP 01-MAY-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1001AE POP 01-MAY-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1001AF POP 01-MAY-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 N/A N/A N/A N/A

2001AA POP 01-MAY-2018 TO

30-APR-2019

N/A VANCE AIR FORCE BASE COMMISSARY

BUILDING 410

216 FIELDS STREET

VANCE AFB OK 73705-5702

(580) 213-7788

2001AB POP 01-MAY-2018 TO

30-APR-2019

N/A (SAME AS PREVIOUS LOCATION)

2001AC POP 01-MAY-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2001AD POP 01-MAY-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2001AE POP 01-MAY-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2001AF N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2016 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-41 Service Contract Labor Standards MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

MAY 2014

52.222-50 Combating Trafficking in Persons MAR 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-7 Payments Under Time-And-Materials And Labor Hour

Contracts

AUG 2012

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

JUL 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996

52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.245-1 Government Property APR 2012 52.245-9 Use And Charges APR 2012 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 (Dev) Compliance with Safeguarding Covered Defense Information

Controls

DEC 2015

252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2015

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.216-7009 Allowability of Legal Costs Incurred in Connection With a

Whistleblower Proceeding

SEP 2013

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Nov 2014)

NOV 2014

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property APR 2012 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal MAR 2015 252.246-7000 Material Inspection And Receiving Report MAR 2008 252.247-7023 Alt II Transportation of Supplies by Sea (APR 2014) Alternate II APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-4500 INSTALLATION ACCESS REQUIREMENTS (JAN 31 2012)

The contractor shall be responsible for ensuring full compliance with all installation access procedures. Installation access includes, but is not limited to, obtaining applicable installation passes and inspections for vehicles and personnel. Contractor employees may also be subject to background security checks/clearances in order to obtain credentials for passes. Some installations are using programs, such as RAPIDGate, which may result in a cost to the contractor. Any costs associated with such programs or with obtaining passes, will not be reimbursed separately and should be included in the contractor's proposed pricing for the product or services being acquired.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

See 52.212-2 Addendum

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2015)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

(a) Definitions. As used in this provision --

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition…