HTC711-09-R-0040 Solicitation.pdf

11. REQUISITION NUMBER PAGE 1 OF 44SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

2 CONTRACT NO. 5. SOUCITATION NUMBER 6. SOUCITATION ISSUE DATE

HTC711-09-R-0040

3. AWARDIEFFECTIVE DATE 14. ORDER NUMBER

22-Jun-2009 a NAME b. TELEPHONE NUMBER (No Colfeci Cails) 8. OFFER DUE DATEIlOCAI. TIME

INFORMATION CAll.:

7. FOR SOLICITATION

TERESA M PERRY 04:00 PM 22 Jul 2009618-256-6628

9. ISSUED BY 11. DELIVERY FOR FOB 12. DISCOUNT TERMS ~ THIS ACQUISITlON ISCODE IHTC711

UNRESTRICTED DESTlNATlON UNLESS

USTRANSCOM-AQ - HTC711 - BLOCK IS MARKED

X -

SET ASIDE: 100% FOR

scon AFB IL 62225-5357 508 SCOnDR

- oSEE SCHEDULE

-X SB D13a. THIS CONTRACT IS A RATED ORDER HUBZONE SB - UNDER DPAS (15 CFR 700) B(A)

13b. RATlNG

SVC-DISABLED VET-OWNED SB

Ta: CONTACT BUYER

14. METHOD OF SOLICITATlON

EMERGINGSB

FAX: CONTACT BUYER

- DRFQ DIFB ~RFPSIZE SID: 25.5 ML NAICS: 484121

15. DELIVER TO CODE I SEESCHEDU 16. ADMINISTERED BY CODE I

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE IL SEE SCHEDUL

TEl.; SEE SCHEDULE FAA: SEE SCHEDULE

17a.CONTRACTOR/ OFFEROR 1Ba. PAYMENT WILL BE MADE BY CODE I CODE I

FACILITY I

Ta. CODE

18b. SUBMT INVOICES TO AOORESS SHOWN IN BLOCK 18a. UNLESS BLOCK

SUQiAOORESS IN OFFER

D17b. OiEO< IF REMTTAt-.(;E IS D1FFER8'JT AND PUT BB..OW IS OiEO<ED D SEE ADIJENDUM

22. UNIT 23. UNIT PRICE 24. AMOUNT19. ITEM NO. 20. SOiEDULE OF SUPPLIES/ SERVICES 21. QUANTITY

SEE SCHEDULE

26. TOTAL AWARD AMOUNT (For Gov!. Use Only)25. ACCOUNTlNG AND APPROPRIATlON DATA

1X127a. SOLICITATlON INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE AnACHED. ADDENDA ~REDARE NOT AnACHED

D27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS AnACHED. ADDENDA GRE DARE NOT AnACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES 29. AWARD OF CONTRACT: REFERENCE 1 DOFFER DATED . YOUR OFFER ON SOLICITATlON0TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS (BLOCK 5), INCLUDING ANY ADDITlONS OR CHANGES WHICH ARESET FORTH OR OTHERWISE IDENTlFIED ABOVE AND ON ANY ADDITlONAL SHEETS SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:SUBJECT TO THE TERMS AND CONDITlONS SPECIFIED HEREIN.

3Ic. DATE SIGNED3Ia.UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAM: Af\D TITLE OF SIGNER 30c. DA1E SIGNED 3Ib. NAME OF CONrRACr= OFFICER (TYPE OR PRINT)

(TYPE OR PR/NT)

TEL: EMAIL:

AUTI-lORlZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 3/2005) PREVIOUS EDmON IS NOT USABLE Prescribed by GSA

FAR (48 CFR) 53.212

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

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 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

HTC711-09-R-0040

Section SF 1449 - CONTINUATION SHEET

CLIN DELIVERY/TASK ORDER MIN

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum order value for this Indefinite Delivery/Indefinite Quantity contract is established at $25,000 for the Base Year. The guaranteed minimum applies to the Base Year only. The guaranteed minimum does not apply to the Option Years. The guaranteed minimum is for the entire contract, not per region or lane. The guaranteed minimum is satisfied when the contractor has been offered sufficient shipments to total $25,000 during the contract Base Year. The maximum quantity for this contract shall not exceed 50% more than the estimated number of shipments (26,260) as reflected in PWS Attachment 2.

ORDERS FOR SERVICE

Orders for service may be verbal or in writing, subsequently followed by a Bill of Lading prepared and tendered in hard copy and/or via Electronic Data Interchange (EDI) to the Contractor or Contractor’s representative.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Lot Surface Transportation Contract

FFP

Non-Personal Services Provide all personnel, equipment, facilities, tools, materials, supervision, and other items and services necessary to provide surface transportation services as outlined in the Performance Work Statement, Appendices and Attachments.

ORIGINS:

Contiguous United States (CONUS)

DESTINATIONS:

Contiguous United States (CONUS)

Base Year is 1 November 2009 through 31 October 2010.

FOB: Destination

SIGNAL CODE: A

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Lot OPTION Surface Transportation Contract

FFP

Non-Personal Services Provide all personnel, equipment, facilities, tools, materials, supervision, and other items and services necessary to provide surface transportation services as outlined in the Performance Work Statement, Appendices and Attachments.

ORIGINS:

Contiguous United States (CONUS)

DESTINATIONS:

Contiguous United States (CONUS)

Option Year 1 is 1 November 2010 through 31 October 2011.

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Lot OPTION Surface Transportation Contract

FFP

Non-Personal Services Provide all personnel, equipment, facilities, tools, materials, supervision, and other items and services necessary to provide surface transportation services as outlined in the Performance Work Statement, Appendices and Attachments.

ORIGINS:

Contiguous United States (CONUS)

DESTINATIONS:

Contiguous United States (CONUS)

Option Year 2 is November 2011 through 31 October 2012.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Origin Contractor Destination Government 0002 Origin Contractor Destination Government 0003 Origin Contractor Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-NOV-2009 TO

31-OCT-2010

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE IL SEE SCHEDUL

SEE SCHEDULE

FOB: Destination

SEE

SCHEDU

0002 POP 01-NOV-2010 TO

31-OCT-2011

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

0003 POP 01-NOV-2011 TO

31-OCT-2012

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-13 Contractor Code of Business Ethics and Conduct DEC 2008 52.204-6 Data Universal Numbering System (DUNS) Number APR 2008 52.212-4 Contract Terms and Conditions--Commercial Items MAR 2009 52.212-5 (Dev) Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items (Deviation)

MAY 2009

52.219-6 Notice Of Total Small Business Set-Aside JUN 2003 52.219-8 Utilization of Small Business Concerns MAY 2004 52.219-14 Limitations On Subcontracting DEC 1996 52.219-28 Post-Award Small Business Program Rerepresentation APR 2009 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-36 Affirmative Action For Workers With Disabilities JUN 1998 52.222-37 Employment Reports On Special Disabled Veterans, Veterans

Of The Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees

DEC 2004

52.222-41 Service Contract Act Of 1965 NOV 2007 52.222-43 Fair Labor Standards Act And Service Contract Act - Price

Adjustment (Multiple Year And Option)

NOV 2006

52.222-50 Combating Trafficking in Persons FEB 2009 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) APR 2007 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

MAR 2008

252.243-7002 Requests for Equitable Adjustment MAR 1998 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

JAN 2009

CLAUSES INCORPORATED BY FULL TEXT

52.216-18 ORDERING. (OCT 1995)

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

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

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

NOTE: For the purpose of this clause, delivery/task orders will be issued in accordance with Performance Work Statement paragraph C.3.2.

(End of clause)

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of the estimated shipments for a lane;

(2) Any order for a combination of items in excess of the estimated shipments for two or more lanes; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 1 day after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 days of contract expiration.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor no later than 15 days before the contract expires.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor no later than 15 days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 42 months.

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits

WG-5703-08 $22.55 $7.89

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JAN 2009)

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.

___ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).

(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

(1) ___252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181).

(2) ___ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C.

2416).

(3) ___ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637).

(4) ___ 252.219-7004, Small Business Subcontracting Plan (Test Program) (AUG 2008) (15 U.S.C. 637 note).

(5) ___ 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d, E.O. 10582).

(6) ___ 252.225-7012, Preference for Certain Domestic Commodities (DEC 2008) (10 U.S.C. 2533a).

(7) ___ 252.225-7014, Preference for Domestic Specialty Metals (JUN 2005) (10 U.S.C. 2533a).

(8) ___ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C.

2533a).

(9) ___ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).

(10) ___ 252.225-7021, Trade Agreements (NOV 2008) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).

(11) ___ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C.

2779).

(12) ___ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C.

2755).

(13)(i) ___ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).

(ii) ___ Alternate I (OCT 2006) of 252.225-7036.

(14) ___ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C.

2534(a)(3)).

(15) ___ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Pub. L. 107-248 and similar sections in subsequent DoD appropriations acts).

(16) ___ 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320).

(17) ___ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321).

(18) ___ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports(MAR 2008) (10 U.S.C. 2227).

(19) ___ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).

(20) ___ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).0

(21)(i) ___ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(ii) ___ Alternate I (MAR 2000) of 252.247-7023.

(iii) ___ Alternate II (MAR 2000) of 252.247-7023.

(iv) ___ Alternate III (MAY 2002) of 252.247-7023.

(22) ___ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(1) 252.225-7014, Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.C. 2533a).

(2) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).

(3) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(4) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

TCAQ 07-03

TCAQ 07-03 TASK AND DELIVERY ORDER OMBUDSMAN. (Jun 2007)

In accordance with FAR 16.505(b)(5), the following individual is designated Ombudsman, for all awarded Surface Transportation Contract (STC). The Ombudsman is an independent official designated to review complaints and to ensure contractors are afforded a fair opportunity to be considered, consistent with the procedures in the contract.

Consulting the ombudsman does not alter or postpone the timelines for any other processes. Interested parties should first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. If resolution cannot be made by the contracting officer, concerned parties may contact:

Mr. Dale Huegen Deputy Director, Acquisition Business Operations Directorate of Acquisition Telephone Number: 618-256-4292 FAX: 618-256-4702 Email Address: dale.huegen@ustranscom.mil

TABLE OF CONTENTS

DOCUMENT TYPE DESCRIPTION DATE

ATTACHMENT 1 PERFORMANCE WORK STATEMENT (PWS) Jun-2009

PWS Appendix A PERFORMANCE REQUIREMENTS SUMMARY Jun-2009

PWS Appendix B ORIGIN REGIONS Jun-2009

PWS Appendix C DESTINATION REGIONS Jun-2009

PWS Appendix D TRANSIT TIME GUIDE Jun-2009

PWS Appendix E ACCESSORIALS Jun-2009

PWS Appendix F SHIPPER UNIQUE REQUIREMENTS Jun-2009

ATTACHMENT 2 PRICING SCHEDULE Jun-2009

ATTACHMENT 3 PAST PERFORMANCE SURVEY Jun-2009

ATTACHMENT 4

FINANCIAL INFORMATION

QUESTIONNAIRE Jun-2009

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Items JUN 2008

ADDENDUM TO FAR 52.212-1

Paragraph (a) is changed to read as follows:

North American Industry Classification System (NAICS) code and small business size standard.

Change 500 employees to read $25.5 million.

Paragraph (b) is tailored to read as follows:

(b) Submission of offers. In addition to those requirements as stated in paragraph (b), the following are added and shall apply to the submission requirements in response to this solicitation.

Paragraph (b)(8) Representations and Certifications is added to read as follows:

Offeror shall register at the following Online Representation and Certification Application website:

http://orca.bpn.gov and complete their annual representations and certifications electronically. Offers shall then complete only paragraph (b) of FAR 52.212-3 – Offeror Representations and Certifications—Commercial Items.

Paragraph (b)(9) Acknowledgments of Solicitation Amendments is added to read as follows:

(b)(9) All amendments to the solicitation shall be acknowledged by the offeror by signing and submitting a copy of the amendment(s) with the proposal.

Paragraph (b)(10) Past Performance Information is added to read as follows:

1. Past Performance Information.

The offeror shall include with their proposal a list of all contracts, similar in scope, size, and complexity, currently on-going or completed during the past five (5) years. The list shall be limited to ten (10) contracts to include on-going and completed contracts. Include the following information for each contract. NOTE: Include a reference to this solicitation number.

a. Name and address of the contracting activity (buying and administrative)

b. Contracting Officer – Include a verified email, phone and fax number (buying and administrative)

c. Contract Manager – Include a verified email, phone and fax number (buying and administrative)

d. Contract Number

e. Contract Type (Firm-Fixed Price, Cost Reimbursement, IDIQ, etc)

f. Total contract value including option years

g. Description of work performed

h. Performance Period – Base Year and number of Option Years

i. Problems and Corrective Actions – The offeror shall include information on problems encountered and corrective actions taken on all contracts. Include a brief description of any dispute/claim. Be specific in identifying the problem and resolution.

2. Past Performance Survey. The offeror shall send a copy of Contractor Past Performance Survey (Attachment

3) to each Contracting Office/Agency listed in their responses to paragraph (b)(10)(1). The Past Performance Survey shall be completed by the cognizant Contracting Officer or Contracting Officer’s Representative or Agency Representative the offeror contracted with and emailed/faxed directly to TCAQ-R, Attn: Belfield C. Collymore at 618-256-6419, belfield.collymore@ustranscom.mil or teresa.perry@ustranscom.mil. The survey shall not be completed by the offeror. In order for USTRANSCOM/TCAQ-R to receive these past performance surveys no later than the solicitation due date/time, the offeror should use every diligent effort to follow-up with each Contracting Office/Agency.

3. Teaming Arrangement. If a teaming arrangement is contemplated, provide complete information as to the arrangement, including details on which portion of the work each partner will be performing and any relevant and recent past performance information on previous teaming arrangements with same partner. If this is a first time joint effort, each party to the arrangement must provide a list of past and present relevant contracts.

4. Subcontractor Consent. Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with the proposal a letter from each subcontractor that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor.

Paragraph (b)(12) Proposal Format is added to read as follows:

1. General Information

a. The proposals shall be clear, concise, and include sufficient detail for effective evaluation and to substantiate the stated information. The proposals shall not rephrase or restate the Government’s requirements, but shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their company or experience and will use this information to evaluate the offer. Elaborate formats, bindings, or color presentations are not desired or required. Facsimile copies of the proposal WILL NOT be accepted.

b. Proposal Preparation Costs – This Request for Proposal does not commit the Government to pay any costs incurred in the preparation and submission of the offerors’ proposal or in making any necessary studies for the preparation thereof, or for any visit the Contracting Officer may request for the purpose of clarification of the proposal or for preparation of negotiations. By the submission of its offer, the offeror assumes all associated costs.

c. All offerors shall submit written (hard copy) proposal materials as described below and in the quantities of each volume as stated. In addition, the offeror shall provide two (2) copies of an electronic version of the technical capability proposal and past performance proposal on CD-ROM in Microsoft Windows Word 2007 and Microsoft Excel 2007 format. In the case of a conflict between the hard copy and the electronic version of the proposal on CD-ROM, the hard copy will be considered the correct version and will prevail.

d. Complete blocks 12, 17a, 30a, b, and c of the SF 1449. In addition, include signed amendments to the RFP, if applicable. In so doing, the offeror assents to the contract terms and conditions as written in the RFP, with attachments and exhibits. The offeror shall identify the individuals authorized to contractually obligate the company. In addition, the offeror shall identify those individuals authorized to negotiate with the Government.

e. Offerors shall submit their proposals in three (3) separate volumes as follows:

Volume I Technical Capability Proposal Original and Five (5) copies

Volume II Past Performance Proposal Original and Five (5) copies

Volume III Price Proposal Original and Five (5) copies

f. Volume Content:

Cover Page: Title of the proposal, volume number, solicitation number, original or copy number of the volume, name/address/phone/fax and email of offeror.

Table of Contents: Provide a table of contents with sufficient detail to easily allow the location of important elements. The use of tabs and dividers is encouraged.

g. Page Limitations:

Volume I: The technical capability proposal is limited to a maximum of 50 pages in length inclusive of any charts, diagrams, and/or other graphics. All pages shall be numbered. The font shall be Times New Roman and no smaller than 12 point.

Volume II: The past performance proposal is not page limited. All pages shall be numbered. The font shall be Times New Roman and no smaller than 12 point.

Volume III: The price proposal is not page limited but is strictly limited to price information. All pages shall be numbered. The font shall be Times New Roman no smaller than 10 point.

2. Volume I – Technical Capability Proposal.

a. It is the offeror’s responsibility to ensure the completeness of the technical proposal. Understanding of the requirements of the Performance Work Statement (PWS) shall be demonstrated by more than a reiteration of the PWS. Repeating the PWS without sufficient elaboration shall not be acceptable. Statements such as “the offeror understands,” “can or will comply with all the requirements of the PWS,” “standard procedures will be employed,” are insufficient.

b. This volume shall exclude any reference to the price aspects of the proposal. Each page of each copy should include the following legend: Source Selection Information – See FAR 2.101 and 3.104.

c. This volume shall address the offerors’ Technical Capability and Management Approach and include all information required for proposal evaluation. Offerors shall outline the company’s concept of operations, including its skills and capability to meet the requirements of this acquisition. Offerors shall demonstrate capability and experience in the areas of understanding of the work and management of operations as described below.

d. The Government will evaluate the offerors technical capability to determine the degree to which the information provided by the offeror in their proposal demonstrates the offerors ability to manage, supervise, and perform in accordance with the contract requirements and the sub-factor listed below:

Sub-Factor A – Management of Operations:

The following are elements under this sub-factor:

(i) The offeror presents an acceptable approach that effectively meets each performance objective in the Performance Requirements Summary identified in the PWS.

(ii) The offeror presents an acceptable approach to effectively identify and prevent substandard service and ensure that contract requirements are met. If contract requirements are not met, the offeror will describe its efforts to ensure non-recurrence of substandard services.

3. Volume II – Past Performance Information

a. Past Performance Information. This volume shall include past performance information required in FAR Clause 52.212-1 (b)(10) and addendum.

b. This volume shall exclude any reference to the price aspects of the proposal. Each page of each copy should include the following legend: Source Selection Information – See FAR 2.101 and 3.104.

4. Volume III – Price Proposal

a. This volume shall consist of Schedule B (Schedule B consists of pages 3, 4 and 5 of this solicitation). The MAX NET AMOUNT in the Schedule B shall be obtained from the Base Year Total, Option Year 1 Total and Option Year 2 Total obtained from the on-line pricing website identified in paragraph (b) below.

b. Offerors shall upload their rates for the lanes identified in the Pricing Schedule (attachment 2) to the following on-line pricing website: http://www.fairfax.ihost.com/stcbid. Do not submit a hard copy of the Pricing Schedule with Volume III. We will download your rates from the website. All quantities of shipments shown in the Pricing Schedule are estimates and the Government is under no obligation to procure the estimated amounts given.

All offers shall include pricing based on all regions and all lanes. Offers without this information will be determined unacceptable. Note: Offerors will be required to register for access to the website prior to posting their rates. The on-line pricing website will close on the solicitation closing date and time.

c. The price proposal/contract documentation shall be submitted separately from all other executed RFP documents.

Offerors are cautioned that no reference to proposed price(s) shall be made in any other volumes but Volume III.

Each page of each copy should include the following legend: Source Selection Information – See FAR 2.101 and 3.104.

Paragraph (b)(13) Financial Information Questionnaire is added to read as follows:

a. The Government has the right to conduct a pre-award survey of all offerors with an acceptable proposal. This will be based on the Financial Questionnaire Survey (Attachment 4). This information will be used to contact your financial institution.

b. The offeror shall complete the Financial Information Questionnaire (Attachment 4) and submit this information with their proposal. In addition, the offeror shall submit a copy of the written letter to their applicable financial institutions releasing permission for Government employees to request financial information. This letter shall be included in the proposal.

Paragraph (b)(14) Hazardous Material (HAZMAT) Certification is added to read as follows:

Offerors shall be Hazardous Material (HAZMAT) certified at the time of award. Offerors who are HAZMAT certified at the time of proposal submission shall submit a copy of their HAZMAT certification with their proposal.

Any offeror who is not certified at the time of proposal submission shall clearly state this fact and identify when they began the certification process and when they expect certification to occur. Securing HAZMAT certification is entirely the offeror’s responsibility.

Paragraph (b)(15) Military Surface Deployment and Distribution Command (SDDC) Freight Carrier Registration Program (FCRP) is added to read as follows:

a. Offerors shall be an Approved DOD Freight Carrier at the time of award. Any offeror who is not approved at the time of proposal submission shall clearly state this fact and identify when they began the approval process and when they expect approval to occur. To be an approved DOD Freight Carrier, offers must be registered in the Military Surface Deployment and Distribution Command (SDDC) Freight Carrier Registration Program (FCRP).

Securing this approval is entirely the offeror’s responsibility. The following link is available for your company to accomplish the steps necessary to become an approved carrier.

b. Go to http://www.sddc.army.mil/public/Doing+Business+with+SDDC/

c. Select “Freight Carrier Registration Instructions” on the right side of the page and follow the instructions.

Paragraph (b)(16) Quality Control Plan is added to read as follows: Offerors shall submit their Quality Control Plan within 30 calendar days of contract award.

Paragraph (b)(17) FAR 52.219-14—Limitations on Subcontracting is added to read as follows:

Offerors shall submit a plan with their proposal which describes in sufficient detail to evaluate compliance how their company will meet the requirements of FAR Clause 52.219-14—Limitations on Subcontracting. Because this is a small business set-aside, compliance with this clause is mandatory and the clause is considered a material term of the solicitation. The plan shall be titled “Limitations on Subcontracting Plan.”

Paragraph (b)(18) Wage Determinations is added to read as follows:

Surface Transportation Contract is subject to FAR 52.222-41, Service Contract Act of 1965, as Amended.

Contractors shall obtain and download the applicable wage determinations for all areas of performance on-line at the following Department of Labor website: www.wdol.gov. The wage determinations in effect at the time of proposal submission shall govern the base year period of performance. Should the Government elect to exercise a Contractor’s option period, the wage determination in effect at the time of the exercise of the option shall govern that specific option period of performance.

Paragraph (b)(19) Protest Instructions is added to read as follows:

(a) Protests, as defined in Section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

USTRANSCOM/TCAQ-R

National Transportation Division Mr. Belfield C. Collymore 508 Scott Drive Scott AFB, IL 62225-5357

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

Paragraph (b)(20) Submission of Offers and Questions:

(a) Submit signed and dated offers to the address identified below at or before the exact time specified in this solicitation:

USTRANSCOM/TCAQ-R

National Transportation Division Mr. Belfield C. Collymore 508 Scott Drive Scott AFB, IL 62225-5357

(b) Formal communications, such as requests for clarification, questions, and/or information concerning this solicitation shall be submitted in writing to:

USTRANSCOM/TCAQ-R

National Transportation Division ATTN: Belfield C. Collymore 508 Scott Drive Scott AFB, IL 62225-5357

Or facsimile – 618-256-6419

Or email belfield.collymore@ustranscom.mil or teresa.perry@ustranscom.mil

The request shall reference the solicitation number and be in the following format:

Reference: Section _____, Page _____, Paragraph _____ Question: ______________________________________

Questions to the Contracting Officer will be answered in writing and provided to all offerors via FedBizOpps.

Responses that may reveal proprietary information or an offeror’s confidential business strategy will not be posted on FedBizOpps. Due to the time required to research a question and provide an answer, questions received less than 10 calendar days prior to the due date of offers specified in this solicitation may not be answered.

Paragraph (c) is changed to read as follows:

(c) Period for acceptance of offers. Change 30 calendar days to read 120 calendar days.

Paragraph (e) is changed to read as follows:

(e) Multiple offers. Multiple offers presenting alternative terms and conditions will not be accepted.

Paragraph (h) is changed to read as follows:

(h) Multiple awards. The Government intends to award up to five (5) contracts. The contract type shall be Firm- Fixed Price, Indefinite-Delivery Indefinite Quantity (IDIQ). The Government may accept any item or group of items of an offer. Offers may not be submitted for quantities less than those specified in the Pricing Schedule (Attachment 2) and all CLINs. All offers shall include pricing based on all regions and all lanes. Offers without this information will be determined unacceptable. 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.

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(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:

(1) Price

(2) Technical Capability

(3) Past Performance

Technical capability and past performance, when combined, are approximately equal to price.

(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)

ADDENDUM TO FAR 52.212-2

ADDENDUM TO FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS

Paragraph (d) is added to read as follows:

BASIS FOR CONTRACT AWARD

(d) Proposals will be evaluated in accordance with FAR Parts 12 and 15 to determine the best value for the Government. The Government will award a contract resulting from this solicitation to up to five (5) responsible small business offerors whose proposals are the best value to the Government.

(1) This acquisition is a competitive Performance Price Tradeoff with Technical Evaluation factors. The

Contracting Officer will make an integrated assessment best value decision based on technical capability, past performance and price. All non-price factors are considered equal. Technical capability and past performance, when combined, are approximately equal to price. The Government has stated its minimum needs in the solicitation.

(2) The Government reserves the right to award all, some, or none of the line items as outlined in this solicitation.

(3) The proposals shall be clear, concise and include sufficient detail for effective evaluation and to substantiate the stated information. The proposals shall not rephrase or restate the Government’s requirements, but shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their company or experience and will use this information to evaluate the offer.

(4) The Government intends to evaluate proposals and award a contract without discussions with the offerors.

Therefore, the offeror’s initial proposals should contain the offerors most favorable terms and reflect its best possible performance potential. Offerors shall assume that the Government has no prior knowledge of their company or experience. The Contracting Officer may clarify all information submitted in response to the solicitation, as necessary, to evaluate the proposals and notwithstanding these clarifications, the Contracting Officer still retains the right to award without discussions. The Government also reserves the right to conduct discussions, both written and oral, with the offerors whose proposals have been determined to be within the competitive range, if in the Government’s best interest. The Contracting Officer may limit the competitive range for purposes of efficiency.

(5) The Source Selection authority may establish a competitive range and approve the elimination of any proposal submitted as a result of this solicitation. Only those proposals determined to have a reasonable chance for award of a contract will be included in the competitive range. While every effort will be made to maintain strong competition, the Contracting Officer will eliminate time consuming and unnecessary communications with those offerors whose proposals have no reasonable chance for award. This process is beneficial to both the Government and offerors as it will reduce the acquisition lead-time and further expenditure of resources.

Offeror’s initial proposals should contain the offeror’s most favorable terms and reflect its best possible performance potential. Offerors should note that proposals will not be included in the competitive range solely on the basis of technical acceptability or cost. Offerors whose proposals are not included in the competitive range will be notified as soon as practicable. Additional information relative to such proposals will be provided through debriefing of unsuccessful offerors.

(6) By submission of an offer, the offeror assents to all solicitation requirements, including terms and conditions, representations and certifications and technical requirements, in addition to those identified as evaluation factors and sub-factors. Failure to meet a solicitation requirement may result in an offer being determined non-compliant and/or technically unacceptable and, therefore, may result in the offeror being eliminated from further consideration. Offerors shall clearly identify any exception to the solicitation terms and conditions and provide accompanying rationale.

(7) For an offeror to receive award, the proposal must meet all Performance Work Statement (PWS) technical requirements and conform to all required terms and conditions. The offeror shall possess all required certifications, be an approved DOD Freight Carrier at the time of award, be determined responsible IAW FAR

9.104 and present the best value to the Government given the evaluation criteria specified in the solicitation.

To be an approved DOD Freight Carrier, offers must be registered in the Military Surface Deployment and Distribution Command (SDDC) Freight Carrier Registration Program (FCRP). Securing this approval is entirely the offeror’s responsibility.

(8) The Government will evaluate the offeror’s Limitations on Subcontracting plan to determine if the offeror can meet the requirements of FAR Clause 52.219-14—Limitations on Subcontracting. Compliance with this FAR Clause 52.219-14 is mandatory and the clause is considered a material term of the solicitation; therefore, offers that fail to furnish a Limitations on Subcontracting plan or offers that are unable or unwilling to meet the Limitations on Subcontracting requirement will be considered unacceptable and will not be considered for award.

(9) The evaluation process shall proceed as follows:

a. Technical Capability - Initially, the Government’s technical team will evaluate the technical capability proposals by assigning an adjectival rating of acceptable, reasonably susceptible of being made acceptable, or unacceptable. All elements are considered equal. All elements must be acceptable to be considered for an award. If any one element is unacceptable, the Management of Operations sub-factor and Technical Capability factor will be rated unacceptable. All offers receiving an unacceptable rating for Technical Capability will be removed from any further consideration for award. The proposals shall be evaluated based on the offerors ability to manage, supervise and perform in accordance with the contract requirements and following sub-factor and all elements listed under the sub-factor:

1. Management of Operations (Sub-Factor):

The following are elements under this sub-factor:

(i) The offeror presents an acceptable approach that effectively meets each performance objective in the Performance Requirements Summary identified in the PWS.

(ii) The offeror presents an acceptable approach to effectively identify and prevent substandard service and ensure that contract requirements are met. If contract requirements are not met, the offeror will describe its efforts to ensure non-recurrence of substandard services.

b. Price

1. Next, the Government will rank all technically acceptable proposals by price. All price proposals will be evaluated to include the base year and all option years. Price will be evaluated for price reasonableness and completeness in accordance with FAR 15.404-1(a) and (b) based on the total proposed price of the base year and all option years. In determining price reasonableness, the evaluation will compare the offeror’s price proposal with other offers received since adequate competition is anticipated. Additionally, the Government may compare offers to the Government estimate, current market conditions and prior history of similar acquisitions. The determination of price completeness will be evaluated based on the offeror’s proposal to address all price elements in the solicitation. Unreasonably low or high prices may result in the elimination of an offeror from further consideration.

2. All offers shall include pricing for all regions and all lanes. Offers without this information will be determined unacceptable.

c. Past Performance Information

1. The Government will evaluate past performance questionnaires submitted by the offeror’s Points of Contact (POC) and other information independently obtained by the Government or other commercial sources.

2. First, the Government will evaluate the recency of performance information (within the last 5 years).

3. Next, the Government will evaluate the relevancy of past performance information as follows. The higher relevancy will have a greater impact on the offeror’s overall past performance rating.

Highly Relevant (HR) Past performance efforts involved essentially the same magnitude of effort and complexities as this solicitation requires.

Relevant (R) Past performance efforts involved much of the magnitude of effort and complexities as this solicitation requires.

Somewhat Relevant (SR) Past performance efforts involved some of the magnitude of effort and complexities as this solicitation requires.

Not Relevant (NR) Past performance efforts did not involve any of the magnitude of effort and complexities as this solicitation requires.

4. All offerors will receive a past performance rating based on the recency, relevancy, and all past performance information obtained by the Government. Past performance ratings will be evaluated based on the magnitude of effort similar in size, scope and complexity to the requirements in this solicitation.

High Confidence Based on the offeror's performance record, essentially no doubt exists that the contractor will successfully perform the required effort.

Significant Confidence Based on the offeror's performance record, little doubt exists that the contractor will successfully perform the required effort.

Satisfactory Confidence Based on the offeror's performance record, some doubt exists that the contractor will successfully perform the required effort.

Little Confidence Based on the offeror's performance record, substantial doubt exists that the contractor will successfully perform the required effort.

No Confidence Based on the offeror's performance record, extreme doubt exists that the contractor will successfully perform the required effort.

Neutral/Unknown Confidence

No relevant performance record is identifiable.

5. Offerors are cautioned to submit sufficient information in the format specified in this solicitation. Offerors may be asked to clarify certain aspects of their proposal or respond to adverse past performance to which the offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than acceptable rating on any evaluation element or unfavorable comments received from sources without a formal rating system.