Solicitation HTC711-11-R-W001 Overpacking Transportation of Perishables.pdf

USTRANSCOM-AQ - HTC711

508 SCOTT DR

SCOTT AFB IL 62225-5357

CONTACT BUYER

CONTACT BUYER

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

HTC711-11-R-W001 11-Mar-2011

b. TELEPHONE NUMBER 618-220-7090

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 18 Apr 2011

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

22. UNIT 23. UNIT PRICE 24. AMOUNT 21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BY OFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

HTC711

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JASON R. LOGSDON

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

492110

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

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

TEL: EMAIL:

1 COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

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

FINAL PARTIAL COMPLETE

36. PAYMENT 35. 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

HTC711-11-R-W001

SECTION SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE EST. AMOUNT

0001 13,502,291 Pound Scheduled, Cold-chain Shipments

FP-EPA

Scheduled shipments requiring cold-chain logistics to include overpacking. The contractor shall provide service for scheduled shipments as described in the PWS and delivery schedule. See attachment 1, Price Schedule for tiered pricing and destination specific pricing.

FOB: Destination

SIGNAL CODE: A

EST. NET AMT

UNIT UNIT PRICE EST. AMOUNT

0002 1,250,000 Pound Non-scheduled Shipments

FP-EPA

Non-scheduled shipments in accordance with the PWS. See attachment 1, Price Schedule, for destination and service-level specific pricing for cold-chain logistics requirements and shipments of dry subsistence.

UNIT UNIT PRICE EST. AMOUNT

Non-basic Service

FP-EPA

The contractor shall propose a discount percentage off their commercial rate for providing service to and from locations not identified in the PWS in accordance with PWS paragraph 3.3.8.

UNIT UNIT PRICE EST. AMOUNT

1001 13,502,291 Pound OPTION Scheduled, Cold-chain Shipments

FP-EPA

Scheduled shipments requiring cold-chain logistics to include overpacking. The contractor shall provide service for scheduled shipments as described in the PWS and delivery schedule. See attachment 1, Price Schedule for tiered pricing and destination specific pricing.

UNIT UNIT PRICE EST. AMOUNT

1002 1,250,000 Pound OPTION Non-scheduled Shipments

FP-EPA

Non-scheduled shipments in accordance with the PWS. See attachment 1, Price Schedule, for destination and service-level specific pricing for cold-chain logistics requirements and shipments of dry subsistence. At Option renewal the prices included in attachment 1, Price Schedule, will be adjusted according to the Economic Price Adjustment clause.

UNIT UNIT PRICE EST. AMOUNT

OPTION Non-basic Service

FP-EPA

The contractor shall propose a discount percentage off their commercial rate for providing service to and from locations not identified in the PWS in accordance with PWS paragraph 3.3.8.

UNIT UNIT PRICE EST. AMOUNT

2001 13,502,291 Pound OPTION Scheduled, Cold-chain Shipments

FP-EPA

Scheduled shipments requiring cold-chain logistics to include overpacking. The contractor shall provide service for scheduled shipments as described in the PWS and delivery schedule. See attachment 1, Price Schedule for tiered pricing and destination specific pricing.

UNIT UNIT PRICE EST. AMOUNT

2002 1,250,000 Pound OPTION Non-scheduled Shipments

FP-EPA

Non-scheduled shipments in accordance with the PWS. See attachment 1, Price Schedule, for destination and service-level specific pricing for cold-chain logistics requirements and shipments of dry subsistence. At Option renewal the prices included in attachment 1, Price Schedule, will be adjusted according to the Economic Price Adjustment clause.

UNIT UNIT PRICE EST. AMOUNT

OPTION Non-basic Service

FP-EPA

The contractor shall propose a discount percentage off their commercial rate for providing service to and from locations not identified in the PWS in accordance with PWS paragraph 3.3.8.

UNIT UNIT PRICE EST. AMOUNT

3001 13,502,291 Pound OPTION Scheduled, Cold-chain Shipments

FP-EPA

Scheduled shipments requiring cold-chain logistics to include overpacking. The contractor shall provide service for scheduled shipments as described in the PWS and delivery schedule. See attachment 1, Price Schedule for tiered pricing and destination specific pricing.

UNIT UNIT PRICE EST. AMOUNT

3002 1,250,000 Pound OPTION Non-scheduled Shipments

FP-EPA

Non-scheduled shipments in accordance with the PWS. See attachment 1, Price Schedule, for destination and service-level specific pricing for cold-chain logistics requirements and shipments of dry subsistence. At Option renewal the prices included in attachment 1, Price Schedule, will be adjusted according to the Economic Price Adjustment clause.

UNIT UNIT PRICE EST. AMOUNT

OPTION Non-basic Service

FP-EPA

The contractor shall propose a discount percentage off their commercial rate for providing service to and from locations not identified in the PWS in accordance with PWS paragraph 3.3.8.

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

200.00 LBS 300,000.00 LBS

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-13 Contractor Code of Business Ethics and Conduct APR 2010 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUL 2010

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

JUL 2009

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

DEC 2010

52.209-7 Information Regarding Responsibility Matters JAN 2011 52.209-9 Alt I Updates of Publicly Available Information Regarding

Responsibility Matters Alternate I

JAN 2011

52.212-4 Contract Terms and Conditions--Commercial Items JUN 2010 52.212-5 (Dev) Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items (Deviation)

JAN 2011

52.217-3 Evaluation Exclusive Of Options APR 1984 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

JAN 2011

52.219-8 Utilization of Small Business Concerns JAN 2011 52.219-9 Alt II Small Business Subcontracting Plan (JAN 2011) Alternate II OCT 2010 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JUL 2010 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 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)

SEP 2009

52.222-50 Combating Trafficking in Persons FEB 2009 52.222-54 Employment Eligibility Verification JAN 2009 52.223-18 Contractor Policy to Ban Text Messaging While Driving SEP 2010 52.228-3 Worker's Compensation Insurance (Defense Base Act) APR 1984 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-6 Taxes--Foreign Fixed-Price Contracts JUN 2003 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.232-34 Payment By Electronic Funds Transfer--Other Than Central Contractor Registration

MAY 1999

52.232-36 Payment by Third Party FEB 2010 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

JAN 2009

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.212-7001 Contract Terms and Conditions Required to Implement

Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items

JAN 2011

252.212-7001 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (Deviation)

DEC 2010

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) OCT 2010 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

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment MAR 1998 252.247-7022 Representation Of Extent Of Transportation Of Supplies By

Sea

AUG 1992

DEFENSE BASE ACT WAIVER

DBA insurance coverage is required for employees of contractors (and their subcontractors) unless a waiver has been obtained from the U.S. Department of Labor (See FAR 28.305). Blanket Waivers from Defense Base Act insurance requirements have been issued by the Department of Labor for foreign nationals in select countries in which the Department of Defense has or had programs. Foreign national employees covered by this waiver are exempt from the requirement to secure Defense Base Act Insurance but must be provided worker's compensation benefits as prescribed in applicable foreign laws and in FAR clause 52.228-4, Workers’ Compensation and War-Hazard Insurance Overseas. However, the waivers do not apply to any employee who is:

1. A citizen of the United States;

2. A resident of the United States; or,

3. Hired in the United States.

The following table identifies all countries for which foreign national employees are exempt from the requirement to secure Defense Base Act coverage.

Country DoL Waiver Number Effective Period Germany DOD 2010-1 1 Jan 2010 – 31 Dec 2015 South Korea DOD 2010-2 1 Jan 2010 – 31 Dec 2015 Italy DOD 2010-3 1 Jan 2010 – 31 Dec 2015 France DOD 2010-4 1 Jan 2010 – 31 Dec 2015 Israel DOD 2010-5 1 Jan 2010 – 31 Dec 2015 Spain DOD 2010-5 1 Jan 2010 – 31 Dec 2015 Belgium DOD 2010-6 1 Jan 2010 – 31 Dec 2015 Japan DOD 2010-7 1 Jan 2010 – 31 Dec 2015

CLAUSES INCORPORATED BY FULL TEXT

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS ALTERNATE I (JAN 2011)

(a)(1) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov.

(2) At the first semi-annual update on or after April 15, 2011, the Contractor shall post again any required information that the Contractor posted prior to April 15, 2011

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(End of clause)

52.216-18 ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 October 2011 through 31 March 2016.

(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.

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 200 lbs, 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 shipment in excess of 300,000 lbs;

(2) Any order for a combination of shipments in excess of 300,000 lbs; or http://www.ccr.gov/�

(3) A series of orders from the same ordering office within 2 days (excluding emergency purchases) 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 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

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

52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) 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 7 days after 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 in effect during the last six months of the performance period. 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 within 15 calendar days prior to expiration of the existing contract.

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 calendar days prior to expiration of the existing contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar 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 4 years, 6 months.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 492110- assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

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

Employee Class Monetary Wage -- Fringe Benefits 21020 Forklift Operator WG-5 21050 Material Handling Laborer WG-2 21110 Shipping Packer WG-4 21130 Shipping/Receiving Clerk WG-4 21410 Warehouse Specialist WG-5 23060 Aircraft Servicer WG-7 31010 Airplane Pilot GS-11 31363 Truck Driver, Heavy WG-8 31364 Truck Driver, Tractor-Trailer WG-8

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (MAR 2006)

(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is--

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from

USTRANSCOM Force Protection (Industrial Security) Points of Contact:

Patrick Collins or Steven Strait 508 Scott Drive

TCJ3-FP

Scott AFB, IL. 62225 Commercial: 618-229-7349/8287 (respectively) Email at Patrick.Collins@ustranscom.mil or Steven.Strait@ustranscom.mil

5552.216-9003 USTRANSCOM TASK AND DELIVERY ORDER OMBUDSMAN (JUNE 2009)

In accordance with FAR 16.505(b)(6), the individual identified below is designated as the USTRANSCOM Task and Delivery-Order Ombudsman. The ombudsman is an independent official designated to review contractor 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 relieve the contractor from performance requirements in the contract, nor alter or postpone any 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:

Chief, Business Support/Policy Division Telephone Number: 618-220-7021 FAX: 618-220-7959

(End of Clause)

5552.216-9004 ECONOMIC PRICE ADJUSTMENT FOR LESS THAN FULL-PLANELOAD (LPL)

SCHEDULED SERVICES - AIRLIFT

As prescribed in 5516.203-4(d), insert a clause that is substantially the same in all contracts for less than full-plane load scheduled services when an economic price adjustment based on the Bureau of Labor Statistics, Producer Price Index for North American Industrial Classification System (NAICS) codes is anticipated.

ECONOMIC PRICE ADJUSTMENT FOR LESS FULL-PLANE LOAD (LPL) SCHEDULED SERVICES –

AIRLIFT (MAY 2010)

In order to protect the contractor and government against significant market fluctuations, the unit prices shall be adjusted and become effective at the beginning of each Option Year. The adjustment shall be based on the Bureau of Labor Statistics, Producer Price Index for North American Industrial Classification System (NAICS) code 492110, product code 202, International Expedited Courier Service. In the event publication of the index is discontinued, the parties shall agree upon an appropriate substitute index.

(a) Index figures subsequently revised by the Bureau of Labor Statistics (e.g., amending formerly released indices by removing or replacing components within the index, describing revisions by footnote or appendix, significantly altering the method of calculating the index, or any other method) shall not warrant a retroactive price adjustment under the terms and conditions of this contract.

(b) Price adjustments shall be executed via a contract modification.

(c) Any price adjustments under this EPA clause shall be rounded to two decimal positions (e.g. $1.50).

(d) The formula for determining the adjusted unit prices for the Option Year is –

( IN / IN-1 ) x PN = Adjusted Unit Price

Where:

PN = The current effective prices listed in the Schedule, where the subscript “N” represents the current contract period.

IN-1 = Index for the prior period to the adjustment period (average of the index figures for the exact 12 month period prior to the adjustment 12 month period).

mailto:Patrick.Collins@ustranscom.mil� mailto:Steven.Strait@ustranscom.mil� http://farsite.hill.af.mil/reghtml/regs/other/USTRANSCOM/5516.htm#P6_507�

IN = Index for the Adjustment Period is the average of the index figures for the most recent 12 month period ending 4 months prior to start of the next option period

EXAMPLE:

Contract performance start date is 1 October 2011. The first EPA will be effective on 1 October 2012.

Sample Index:

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

Year

110.1 111.3 107.8 107.9 107.3 106.7 106.7

Year

106.9 106.0 106.0 106.2 109.4 109.4 109.4 109.4 109.6 111.2 109.5 112.2p

Year

113.4 118.0 117.8 118.0 118.0 118.6 118.7 119.1 119.5 120.0 120.9 120.9

Year

123.0 124.0 125.2 125.7 126.0

Note: The below figures are provided as an example only. The first example shows a sample increase from the base year to the 1st option year. The second example shows a sample increase from the 1st option year to the 2nd option year.

BASE YEAR (1 Oct 11 – 30 Sep 12) TO 1ST OPTION YEAR (1 Oct 12 – 30 Sep 13) Example P N= $2.34, where subscript “N” = FY12

Example I11 = Avg from June 2010 through May 2011 (110.1+111.3+107.8+107.9+107.3+106.7+106.7+106.9+106.0+106.0+106.2+109.4)/12 = 107.7

Example I12 = Avg from June 2011 through May 2012 (109.4+109.4+109.4+109.6+111.2+109.5+112.2+113.4+118.0+117.8+118.0+118.0))/12 = 113.0

Example Adjustment: P13 = [(113.0/107.7) x $2.34] = [1.056 x $2.34] = $2.47

1ST OPTION YEAR (1 Oct 12 – 30 Sep 13) TO 2ND OPTION YEAR (1 Oct 13 – 30 Sep 14) Example P N = $2.47, where subscript “N” = FY13

Example I12 = Avg from June 2011 through May 2012 (109.4+109.4+109.4+109.6+111.2+109.5+112.2+113.4+118.0+117.8+118.0+118.0))/12 = 113.0

Example I13 = Avg from June 2012 through May 2013 (118.6+118.7+119.1+119.5+120.0+120.9+120.9+123.0+124.0+125.2+125.7+126.0))/12 = 121.8

Example Adjustment: P14 = [(121.8/113.0) x $2.47] = [1.078 x $2.47] = $2.66

(e) In addition, carriers may waive an EPA increase that results in higher prices or any part thereof for the entire contract or identified CLIN(s). The adjustment percentage shall apply to all pricing within the identified CLIN(s). Secondly, if the carrier elects to do so, they can offer the Government an additional downward price adjustment, effective at the time of option exercise, in lieu of an increased EPA option year adjustment. A carrier may not waive a downward EPA adjustment.

(f) All EPA adjustment calculations will be based on the current year’s prices in the Schedule and the index calculations described above. A carrier shall not recoup previously waived EPA increases.

5552.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS.

HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (APRIL 2007)

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Comply with the specific health and safety requirements established by this contract;

(2) Comply with the health and safety rules of the Government installation that concern related activities not directly addressed in this contract;

(3) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(4) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

5552.247-9003, REQUIREMENT FOR CARRIERS TO PARTICIPATE IN THE CIVIL RESERVE AIR FLEET

(CRAF) AND MAINTAIN GOOD STANDING.

REQUIREMENT FOR CARRIERS TO PARTICIPATE IN THE CIVIL RESERVE AIR FLEET (CRAF) AND

MAINTAIN GOOD STANDING (APRIL 2007)

This contract is conditioned upon the Contractor (if the contractor is a team arrangement, applies to each team member) being an approved Department of Defense approved carrier not in a suspended non-use status (carrier in good standing) participating in the Civil Reserve Air Fleet (CRAF) throughout the performance of this contract. The contractor shall be a U.S. registered air carrier operating under Federal Aviation Regulations, Part 121, and possessing a current certificate issued by the FAA pursuant to Federal Aviation Regulations, Part 121.

PROVISIONS INCORPORATED BY REFERENCE

52.203-2 Certificate Of Independent Price Determination APR 1985 52.209-7 Information Regarding Responsibility Matters JAN 2011 52.212-1 Instructions to Offerors--Commercial Items JUN 2008

PROVISIONS INCORPORATED BY FULL TEXT

ADDENDUM TO 52.212-1

1. ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

(JUN 2008)

Paragraph (b) entitled “Submission of Offers” is supplemented with paragraph 2, “Proposal Preparation Instructions”, below.

Paragraph (c) entitled “Period for acceptance of offers” is tailored to read: “The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers.”

Paragraph (e) entitled “Multiple Offers” is tailored to read: “The government will not consider multiple offers presenting alternate terms and conditions for satisfying the requirements of this solicitation.”

Paragraph (g) entitled “Contract award (not applicable to Invitation for Bids).” is tailored to read: “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. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. 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.”

Paragraph (h) entitled, “Multiple awards” is tailored to read: “The Government intends to award one Indefinite- Delivery, Requirements contract as a result of this solicitation. 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.”

USTRANSCOM/TCAQ Points of Contact:

a. The USTRANSCOM Contracting Office is the point of contact for this acquisition.

b. Address any questions or concerns to either of the individuals identified below.

c. Formal communications, such as requests for clarification, questions, and/or written information concerning this solicitation should be submitted in writing (email is the preferred method).

The points of contact for this acquisition are:

USTRANSCOM/TCAQ-C

ATTN: Jacquelyn Stepka or Jason Logsdon 508 Scott Drive Scott AFB, IL 62225-5357 Or Tele-fax number (618)220-7909 Or E-Mail jacquelyn.stepka@ustranscom.mil or jason.logsdon@ustranscom.mil

d. Written questions will be answered in writing and provided to all offerors via FedBizOpps. Solicitation changes will be made via amendment. However, 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.

e. Formal communications should be submitted in the following format:

Reference: Section ___, Page_____, Paragraph____ Question:______________________________________ mailto:andrew.glose@ustranscom.mil� mailto:gregory.hunt@ustranscom.mil�

2. PROPOSAL PREPARATION INSTRUCTIONS

(a) GENERAL INSTRUCTIONS. When submitting a proposal, offerors must understand it is their responsibility to ensure they meet all requirements of the Request For Proposal (RFP), not just those stated in the Performance Work Statement (PWS). The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal shall not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the offeror’s proposal.

The offeror’s proposal shall conform to the following conditions:

(1) To be eligible to receive a contract award and subsequent orders pursuant to this solicitation, offerors are required to be a Civil Reserve Air Fleet (CRAF) carrier and maintain their CRAF status for the duration of the contract.

(2) The proposal due date is 18 Apr 2011. The offeror shall make a clear statement in the proposal documentation that the proposal is valid for 180 calendar days as specified in FAR 52.212-1, Addendum, section 1, paragraph (c) cited above.

(3) Proposals shall be submitted on plain white paper, 8 ½ x11 paper, Double-sided, Times New Roman, 12 point font.

(4) By your proposal submission, you are representing that your firm will perform all the requirements specified in the solicitation.

(b) SUBMISSION OF OFFERS. Proposals shall consist of one three-ring binder with five sections, Part I -

Business Proposal; Part II - Past Performance Information; Part III - Technical Approach; Part IV – Small Business Subcontracting Effort; and Part V- Price Proposal. Include the numbers of copies and format as specified below. Electronic files shall be Microsoft Word files with the exception of the price section which shall be submitted in MS Excel. Proposals will be evaluated in accordance with the evaluation criteria set forth in the Addendum to FAR 52.212-2, Evaluation—Commercial Items (JAN 1999), as included in this RFP.

Offerors are required to submit original copies of each proposal part along with one (1) CD-ROM disk containing the electronic versions of the contents for each part.

(c) PART I – Business Proposal

(1) Solicitation/Contract Form. Offerors shall complete the Standard Form (SF) 1449, blocks 12, 17a and

30a, b, and c. Block 17a should contain the CAGE code. Signature by the offeror on the SF 1449 constitutes an offer, which the Government may accept, and acknowledgement by the offeror that they accede to the contract terms and conditions and PWS technical requirements.

(2) Block 17b. Check this block if your remittance address is different, identify the remittance address in your proposal, and ensure this address is in the Central Contractor Registration (CCR) database.

(3) Acknowledgement of Solicitation Amendments (if any): Return one signed copy of each amendment.

(4) For the Prime and any principal subcontractors provide the Company/Division Address, Identifying

Codes, and Applicable Designations. Provide company/division’s street address; CAGE code; DUNS code; and size of business (large or small).

(5) Letter signed by a Civil Reserve Air Fleet (CRAF) representative identifying individuals who are authorized to negotiate and sign documents on the behalf of the CRAF carrier.

(6) Online Representations and Certifications Application (ORCA). The ORCA can be found at http://orca.bpn.gov or submit written representations and certifications IAW FAR 52.212-3 (Offeror Representations and Certifications – Commercial Items (JAN 2011).

(7) Statement acknowledging the requirement to maintain CRAF status for the duration of the contract.

(d) PART II – Past Performance Information

(1) Offerors shall describe recent and relevant past performance for international cold-chain logistics and transportation service for corporate contracts and/or Government contracts of similar size, scope, and complexity. Offerors shall clearly identify teaming partners/major subcontractors and submit recent and relevant past performance information on those teaming partners/major subcontractors who will perform a significant portion of the proposed effort. The offeror shall submit a summary page describing the role of the offeror and each subcontractor or teaming partner.

(2) The offeror is allowed to submit a total of four contract references for which the offeror (prime) or the proposed principal subcontractor (e.g., freight forwarder) has performed cold-chain logistics functions and transportation service similar in size, scope, and complexity described in this solicitation. The offeror shall provide the Company or Agency name, Point of Contact (POC), Phone Number, and Email for each reference listed. Each relevant contract shall have been performed during the past three years from date of issuance of this solicitation. The Government may contact those agencies and individuals to verify information and/or obtain additional information. The offeror shall complete all applicable information fields in section 1 of the Past Performance Questionnaire.

(3) Subcontractor consent (if applicable). Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. With your proposal response, provide a letter from all subcontractors that will perform major or critical aspects of the requirement consenting to the release of their past performance information to the prime contractor.

(4) Past Performance Questionnaires. The Government will evaluate the quality and extent of the offeror’s past performance deemed relevant to the requirements of this RFP. The Government reserves the right to use information submitted by the offeror and other sources, such as other Government offices, and commercial sources to assess performance. The offeror shall send out the Past Performance Questionnaires (Attachment 3) to each offeror’s references identified. The responsibility to send out the Past Performance Questionnaires rest solely with the offeror; whereas, it shall not be delegated to any other entity. The Transmittal Letter shall be used by the offeror in sending out the Past Performance Questionnaires. Once the questionnaires are completed by your POCs, the information therein shall be considered sensitive and shall not be released to you, the offeror. The Past Performance Questionnaires shall be sent directly back to the Government. The evaluation of past performance information will take into account the past performance information regarding key subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition.

(e) PART III – Technical Proposal

The Technical Proposal shall be specific and complete. Responses will be evaluated against the Technical Capability subfactors defined in the Addendum to FAR 52.212-2, Evaluation—Commercial Items (JAN 1999), included in this RFP. Using the instructions provided below, provide as specifically as possible the actual methodology used for accomplishing or satisfying these subfactors.

(1) Subfactor 1: Technical Plan for Cold-Chain Supply Solution. For this subfactor, offerors are required to comply with the following format and content requirements.

FORMAT: Not to exceed 10 double-sided pages, Times New Roman, 12 point font.

http://orca.bpn.gov/�

Offeror shall describe their technical approach for meeting the full range of contract requirements.

A. Offeror shall provide detailed plan on how cold-chain supply chain will be maintained during receiving and over-packing B. Offeror shall describe how shipments will be packaged and/or prepared for transit. What packing materials/methods will be used? According to this packing methodology, how long is shipment expected to maintain temperature integrity before requiring additional cold-chain maintenance procedures (i.e. – repacking, re-icing, etc.)? Offeror should highlight if this methodology has been used previously and with what degree of success.

C. Offeror shall identify their overall understanding and methodology for providing end-to-end cold-chain logistics. How is cold-chain maintained during delays? During customs clearance procedures? How is cold-chain maintained after arrival to host nation and before delivery to end customer?

D. Offeror shall explain their experience with customs processing procedures for Fresh Fruits and Vegetables (FF&V), and other perishables, in Guam, Japan, and South Korea. Offeror should highlight any unique procedures that they have established which provide a benefit to the Government.

E. Offeror shall detail what quality control methods are used to ensure on-time performance and cold-chain integrity.

F. Offeror shall identify and address any risks that are considered to have the potential for disruption of service, poor performance, or increased cost. Offeror shall identify risk mitigating strategies to eliminate or reduce the risks.

G. Offeror shall identify if their proposed process as described is used to provide service to previous or current customers or if the proposed process is new or unique.

(2) Subfactor 2: Technical Plan for Emergency, Short-Notice Requirements. For this subfactor, offerors are required to comply with the following format and content requirements.

FORMAT: Not to exceed 10 double-sided pages, Times New Roman, 12 point font.

Some requirements under this contract shall require short-notice service of large volume shipments.

These requirements cannot be anticipated with any certainty. The Government will strive to provide as much advance notice as possible, but the nature of military operations and real world contingencies does not always allow ample notification. For this technical subfactor consider the following scenario:

Scenario ~ Mass shipment of approximately 300,000 lbs containing frozen, chilled, and dry product needs to be delivered to Guam.

A. Offeror shall provide sound plan detailing how emergency shipment will be accomplished and given priority so that shipment arrives within soonest possible timeframe while also maintaining service for regularly scheduled shipments.

B. Offeror shall demonstrate that they have adequate resources, personnel, and subcontractor agreements to consistently provide service for short-notice emergency shipments.

(3) Proposals that merely paraphrase the requirements of the Government’s specifications/Performance

Work Statement, or use such phrases as “will comply” or “standard techniques will be employed” will be considered unacceptable and will not be considered further.

(4) By signing the SF Form 1449, the offeror concedes their proposal meets all technical requirements stated in the Performance Work Statement (PWS).

(5) The technical proposal will be incorporated by reference into the subject contract.

(f) PART IV – Small Business Subcontracting Effort

(1) Large business offerors shall submit their Subcontracting Plan for Small Business concerns as required by FAR 52.219-9, incorporated by reference in FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (OCT 2010) (DEVIATION).

A Subcontracting Plan is required as part of initial proposal submission from all offerors other than…