HTC711-21-Q-R019 Yokohama and East Japan.pdf
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SEE ADDENDUM
(No Collect Calls)
HTC71121QR019 23-Nov-2021
b. TELEPHONE NUMBER
JANICE.B.KING2.CIV@MAIL.MIL
8. OFFER DUE DATE/LOCAL TIME
08:00 AM 21 Dec 2021
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.
HTC7119. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
JANICE B KING
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
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 ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
USTRANSCOM-AQ - HTC711
508 SCOTT DR
SCOTT AFB IL 62225-5357
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 W91B68 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
W4CN 836TH US ARMY TRANS BN - W91B68
CHRISTOPHER THOMAS
PORT AREA SUPPLY TECH ULLS S4
FPO AP 96347-2900
TEL: 315-262-9745 FAX:
CONTACT BUYERFAX:
TEL: CONTACT BUYER SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$41,500,000
NAICS:
488320
X
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)
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.
HTC71121QR019
Section SF 1449 - CONTINUATION SHEET
MINI/MAX VALUE
MINIMUM ORDER VALUE/MAXIMUM CONTRACT VALUE
The Minimum Order Value for this Indefinite Delivery/Indefinite Quantity contract is established at $2,500.00 for the first twelve (12) months of contract performance. The Minimum Order Value is satisfied when the Contractor is given a task order, or multiple task orders, which results in a combined total of $2,500.00.
The Maximum Contract Value (ceiling) will be calculated by increasing the contract award amount of CLINs 0001 and 1001 by 25%. The Maximum Contract Value does not automatically increase if any contract rates are revised through a bilateral modification.
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 1 Lot S&RTS Ports of Yokohama and East Japan
FFP
S&RTS at Ports of Yokohama and East Japan: Billing shall be in accordance with the Schedule of Rats and Performance Work Statement. Rates are for a Five- Year Period of Performance from 1 April 2022 through 31 March 2027.
FOB: Destination V114
MAX
NET AMT
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0002 1 Lot Minimum Guarantee
FFP
This CLIN shall only be invoiced in the event the contractor has not been offered sufficient Stevedoring Related Terminal Services totaling $2,500 during the contract's base year. The Minimum Guarantee for this contract applies to the first 12 Months of the period of performance only, 01 April 2022 through 31 March 2023.
MAX
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1001 1 Lot OPTION Six-month Extension
FFP
S&RTS Ports of Yokohama and East Japan: Billing shall be in accordance with the Schedule of Rates and the Performance Work Statement. The Period of Performance for the six-month extension is 01 April 2027 through 30 September 2027.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government
1001 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-APR-2022 TO
31-MAR-2027
N/A W4CN 836TH US ARMY TRANS BN -
W91B68
CHRISTOPHER THOMAS
PORT AREA SUPPLY TECH ULLS S4
FPO AP 96347-2900
315-262-9745
W91B68
0002 POP 01-APR-2022 TO
31-MAR-2023
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 01-APR-2027 TO
30-SEP-2027
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2020
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
JUN 2020
52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.215-2 Audit and Records--Negotiation JUN 2020 52.222-29 Notification Of Visa Denial APR 2015 52.222-50 Combating Trafficking in Persons OCT 2020 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
JUN 2020
52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.232-18 Availability Of Funds APR 1984 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.245-1 Government Property SEP 2021 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 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7009 Limitations on the Use or Disclosure of Third-Party
Contractor Reported Cyber Incident Information
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DEC 2019
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2021
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7999 (Dev) Ensuring Adequate COVID-19 Safety Protocols for Federal
Contractors (Deviation 2021-O0009)
OCT 2021
252.225-7048 Export-Controlled Items JUN 2013 252.225-7993 (Dev) Prohibition on Providing Funds to the Enemy (Deviation
2020-O0022)
AUG 2020
252.225-7999 (Dev) Requirement for Products or Services from Afghanistan, a Central Asian State, Pakistan, or the South Caucasus.
(Deviation 2020-O0002)
DEC 2019
252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
APR 2019
252.228-7003 Capture and Detention DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property
APR 2012
252.245-7002 Reporting Loss of Government Property JAN 2021 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.247-7000 Hardship Conditions AUG 2000 252.247-7002 Revision of Prices DEC 1991 252.247-7007 Liability and Insurance DEC 1991
CLAUSES INCORPORATED BY FULL TEXT
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)
(a) Definitions. As used in this clause--
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
(End of provision)
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (SEP 2021)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--
(1) Is set aside for small business and has a value above the simplified acquisition threshold;
(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
https://www.sam.gov/
(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.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.
Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation.
(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.
Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone
(215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) Reserved.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
ADDENDUM TO 52.212-1
ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUN 2020)
Paragraph (b) entitled “Submission of Offers” is deleted in its entirety and replaced with paragraph “(b) Quote Preparation Instructions” below.
https://assist.dla.mil/wizard/index.cfm http://www.sam.gov/
Paragraph (c) entitled “Period of acceptance of offers” is tailored to read: “The Government requires a minimum of 90 calendar days for acceptance of quotes submitted in response to this solicitation.”
Paragraph (e) entitled “Multiple Offers” is tailored to read: “The Government will not consider multiple quotes presenting alternate terms and conditions for satisfying the requirements of this solicitation.”
Paragraph (h) entitled “Multiple awards” is tailored to read: “The Government intends to award one contract as a result of this Request for Quote (RFQ). Unless otherwise provided in the Schedule, quotes 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 quoted, at the unit prices quoted, unless the Quoter specifies otherwise in their quote.”
Paragraph (k) System for Award Management is tailored to read: “Unless exempted by an addendum to this solicitation, by submission of a quote, the Quoter acknowledges the requirement that a prospective awardee shall have an Active registration in the SAM database prior to Quote Submission, during performance and through final payment of any contract resulting from this solicitation. If the Quoter does not become registered in the SAM database by RFQ Submission due date, as prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Quoter. Quoters may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.
Formal communications, such as requests for clarification, questions and/or written information concerning this solicitation should be submitted in English and in writing to:
USTRANSCOM/TCAQ-R
ATTN: Caleb Higgerson and Janice King Via email to: caleb.j.higgerson.civ@mail.mil, and janice.b.king2.civ@mail.mil
The request should be in the following format:
Reference: Section , Page , Paragraph Question: _.
Written questions will be answered in writing and provided to all Quoters via e-mail and posted on www.SAM.gov. However, due to the time required to research a question and provide an answer, questions received less than three (3) calendar days prior to the due date of quotes specified in this solicitation may not be answered.
(b) QUOTE PREPARATION INSTRUCTIONS General Information
To assure timely and equitable evaluation of Quotes, Quoters must follow the instructions contained herein. Quoters are required to meet all RFQ requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in a quote being ineligible for award.
By providing a quote, the Quoter is certifying it is able to meet or exceed the minimum productivity rates specified in Attachment 1 – PWS Table 2, Minimum Productivity. The productivity rates are the required minimum levels acceptable to meet mission schedules for S&RTS at the Ports of Yokohama and East Japan.
Quoters are required to submit an electronic version of their quote in English via email with the RFQ number and Quoter’s business name in the subject line, by the due date specified. All documents provided by email shall be in English and be in Adobe PDF files except the pricing quote which shall be in Microsoft Excel format with an .xlsx file extension. Any contract documentation written in a language other than English shall be accompanied by an English translation of the document as provided by a third party translation company.
mailto:caleb.j.higgerson.civ@mail.mil mailto:janice.b.king2.civ@mail.mil
Additionally, a signed letter on company letterhead should accompany the quote to clarify any irregularities such as translation errors or similar in the third party translation; in order to enable the Contracting Officer to easily make a determination as to whether the documentation meets the requirements identified below. Send quotes to Mr. Caleb Higgerson at caleb.j.higgerson.civ@mail.mil, and Ms. Janice King at janice.b.king2.civ@mail.mil.
1. Quotes shall be submitted via email using Times New Roman, 12-point font except for figures, tables, and diagrams where smaller is acceptable as long as it is readable. The entire submission of this Technical Worksheet SHALL NOT exceed 20 single sided pages in length. Page size shall be no larger than 8.5x11 inches and single sided. Submitted Technical Worksheets that exceed 20 pages, will have only the first 20 pages evaluated and all other pages will be removed before the Technical Worksheet is evaluated. All requested attachments, port certifications, licensing, permits, documentary evidence (photos) and Material Handling Equipment (MHE) lists shall not count against the page limits. Table of contents do not count against the page limits for the respective parts. Excess pages exceeding the maximum limits will not be read or considered in the evaluation.
2. All Quotes shall include the following in order to be considered compliant:
A. Contract Documentation (See 3A below)
B. Part I – Technical Worksheet (See 3B below)
C. Part II – Price Quote (See 3C below)
3. Instructions for submitting Contract Documentation, and Parts I and II are as follows:
A. Contract Documentation
This part shall consist of:
(1) Complete the Attachment 3 - RFQ Information and General Compliance Worksheet. Complete the attachment with (i) the company name and address as registered in the System for Award Management (SAM) database; (ii) DUNS code; (iii) CAGE/nCAGE code; and (iv) identification of the name, title, telephone number and email address of the company point of contact regarding decisions made with respect to your quote and who can obligate your company contractually.
(2) Complete the Standard Form (SF) 1449, Solicitation for Commercial Items blocks 12 (even if no discount is offered), 17a, 30a, 30b and 30c. Complete Block 17b - only if remittance address is different, such address must be registered in the System for Award Management (SAM) database. In doing so, the Quoter accedes to the contract terms and conditions as written in the RFQ, with attachments. Signature by the Quoter on the SF 1449 constitutes a quote, which the Government may accept. Quoter must be registered as Active in SAM by quotation due date.
(3) Complete blocks 8, 15A and 15B on each SF 30, Amendment of Solicitation to acknowledge all solicitation amendments (if any).
(4) IAW FAR 4.1102(a), Representations and Certifications shall be submitted online using https://www.sam.gov where available OR may be submitted with contract documentation.
Failure to do so will result in your proposal being found non-compliant with the solicitation. The following provision and/or clauses require your input and must be included in your SAM record.
• FAR 52.204-24, Representation Regarding Certain Telecommunication and Video Surveillance mailto:caleb.j.higgerson.civ@mail.mil mailto:janice.b.king2.civ@mail.mil
Services or Equipment (Oct 2020). NOTE: FAR 52.204-24 only needs to be completed if FAR 52.204-26 is not completed, or if the quoter represents it “will” provide or “does” use covered telecommunications equipment.
• FAR 52.209-5, Certification Regarding Responsibility Matters (Aug 2020).
• FAR 52.209-7, Information Regarding Responsibility Matters (Oct 2018).
• FAR 52.212-3, Offeror Reps & Certs – Commercial Items (Feb 2021), Alternate 1 (Oct 2014).
• FAR 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation (Jun 2020).
• DFARS 252.204-7016, Covered Defense Telecommunications Equipment or Services—
Representation (Dec 2019).
• DFARS 252.204-7017, Prohibition on the Acquisition of Covered Defense
Telecommunications Equipment or Services—Representation (May 2021). NOTE: DFARS 252.204-7017 only needs to be completed if the quoter represents it “does” provide covered defense telecommunications equipment or services in DFARS 252.204-7016.
• DFARS 252.247-7022, Representation of Extent of Transportation by Sea (Jun 2019)
(5) Ancillary Documentation
a) Documentary Evidence – proof of current certification of at least two (2) proposed personnel trained and tested in the following.
i. Hazardous Material per the requirement of the Code of Federal Regulations (CFR) Title 49, Section 172.702 or Host Nation equivalent.
b) Complete Attachment 5, Contractor Plan for Continuation of Essential Contractor Services.
B. Part I – Technical Worksheet (Attachment 4) The Quoter shall submit the Technical Worksheet in
English, which shall be clear, concise, and include sufficient detail for effective evaluation against factors defined in 52.212-2 and Addendum to 52.212-2 of this solicitation. The quote should not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the quoter intends to meet the minimum requirements identified in the PWS Statements; and demonstrates that the quoter understands, can, or will comply with the PWS. Statements paraphrasing the PWS or parts thereof; flowcharts simply listing activities related to performance of the PWS; and phrases such as “standard procedures will be employed” or “well known techniques will be used,” etc., without description of how the Government’s requirements will be met shall be considered unacceptable.
Quoters shall assume the Government has no prior knowledge of their experience. The entire submission of the Technical Worksheet shall not exceed 20 pages. Note: a single side is considered one (1) page. If more than 20 pages are received, only the first 20 pages will be evaluated and any remaining pages will be removed before evaluation. All port certification, commentary evidence and equipment lists shall not count against the page limit.
Instructions regarding the Technical Worksheet can be found on Attachment 4.
C. Part II – Price Quote
(1) Schedule of Rates. (RFQ Attachment 2 - SOR) The Quoter shall input rates for ALL items in the “Unit
Price” column that are highlighted in yellow. Do not input formulas within the “unit price” column. Do not attempt to change anything on the spreadsheet. Enter $0.00 if you wish to quote the item free of charge. The Government will consider the SOR as incomplete if any cells are not filled in.
(2) All prices shall be submitted in JPY with two (2) decimal places only. If there are more than two (2) decimal places entered, the Quote may not be considered for award.
NOTE: Contract award and payment shall be made in Japanese Yen.
(End of addendum)
CLAUSES INCORPORATED BY FULL TEXT
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:
A. Technical Worksheet (RFQ Attachment 4) - (Acceptable/Unacceptable)
B. Price Quote/Schedule of Rates (RFQ Attachment 2) - (Fair and Reasonable/Not Fair and Reasonable)
(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.
Paragraphs (d) and (e) are added to read as follows:
(d) Basis for contract award - This acquisition is being conducted under FAR Part 13, Simplified Acquisition Procedures, Subpart 13.5 and Part 12, Acquisition of Commercial Items of the Federal Acquisition Regulation (FAR). Quotes will be evaluated using the factors identified in FAR 52.212-2, Evaluation – Commercial items and this addendum. Noncompliance may be grounds to eliminate the Quote from consideration for contract award.
Award will be made on the basis of Lowest Evaluated Price of the Quote whose technical factor is rated “Acceptable”.
Specifically, by submitting a Quote, the Quoter understands and accedes to all the terms and conditions of this solicitation. The evaluation process shall proceed as follows: The Government will review each Quote received for compliance in accordance with (IAW) the instructions above. To be considered compliant, each Quote shall include the required Contract Documentation, Technical Worksheet and Price Quote. Only those Quotes that are considered compliant shall be evaluated. Quotes received that are considered incomplete or non-compliant may be considered ineligible for award.
Next, the Technical Worksheet of all compliant quotations will be evaluated and will receive a rating of Acceptable or Unacceptable. In order to be rated as Acceptable, the Technical Worksheet must meet the Government's minimum requirements. Quotes deemed Unacceptable are those Technical Worksheets that fail to meet the Government's minimum requirements.
Following the technical evaluation, all technically acceptable quotes shall be categorized in order of lowest to highest Total Proposed Price (TPP). Beginning with the technically acceptable quote with the lowest TPP, the Government will then evaluate pricing as quoted in Attachment 2, Schedule of Rates Excel (.xlsx) spreadsheet to determine fair and reasonableness using one or more techniques set forth in FAR 13.106-3. If the technically acceptable quote with the lowest TPP is deemed to have fair and reasonable prices, the Government will complete a responsibility determination IAW the criteria specified in FAR 9.104-1. If found responsible, the evaluation process stops at this point as that Quote represents the best value to the Government. Award shall be made to that Quoter without further consideration of any other Quotes.
If the technically acceptable quote of the lowest priced Quoter cannot be determined fair and reasonable or if the lowest priced Quoter is found to be non-responsible, the next lowest priced Quoter will be evaluated in accordance with the paragraph above. This process will continue until a Quote is evaluated to have an Acceptable Technical Worksheet, fair and reasonable prices, and the Quoter is deemed responsible or until all Quotes have been evaluated.
(e) The Government reserves the right to award no contract at all depending on the quality of the Quotes submitted and availability of funds for the requirement. The Government intends to evaluate Quotes and award a Single IDIQ Contract without requesting or accepting revised quotes. Therefore, the Quoters will be advised that their initial quote should contain the most favorable terms and reflect its best possible performance potential.
The Contracting Officer shall treat all Quoters fairly and impartially, in accordance with FAR 1.102-2(c)(3).
1. The following factors shall be used to evaluate Quotes:
A. Factor I: Technical Worksheet. Each Quoter’s Technical Worksheet will be evaluated as Acceptable or Unacceptable, as defined below. A Quoter will be considered ineligible for award if the Technical Worksheet is not complete.
RATING DESCRIPTION
Acceptable Technical Worksheet clearly meets the minimum requirements of the solicitation.
Unacceptable Technical Worksheet does not clearly meet the Minimum requirements of the solicitation
B. Factor II: Price
(1) Completion of the pricing schedule will require the user to have good working knowledge of the Microsoft Excel program. The Quoter shall complete and submit the Schedule of Rates Sheet. The price Quote shall be submitted as an attachment to an email and contain no hidden formulas or external links. The Government will utilize the Excel (.xlsx) spreadsheet to capture pricing and to calculate the Total Evaluated Price (TEP) for evaluation and award purposes. Failure to input a unit price in any highlighted cell shall be construed as the Quoter’s intention to propose a price of zero (0). However, Quoters may be considered ineligible for award if all required pricing is not complete.
(2) In order to be considered for award, price must be determined fair and reasonable using one or more techniques set forth in FAR 13.106-3.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)
ALTERNATE I (OCT 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision--
"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"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 of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).
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