SOL Amend 0008.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to accomplish the follow ing: 1) Revise Clause 52.222-42. 2) Make revisions to Exhibit 1, Addenda to FAR Provisions. 3) Make revisions to Exhibit 2, Additional Clauses 4) Make revisions to Exhibit 3, Performance Work Statement. 5) Make revisions to Attachment 6 of Exhibit 3, Invoicing and Payment. 6) Attach signed DD Form 254.

Note: We have identified some Afghanistan Security Rates that still need to be removed from RFP 0012. These rates w ill be deleted from RFP 0012 w ithin the next w eek. Please ensure you do not input any rates for the Afghanistan Security CLINs as w ell as do not input any PAKGLOC linehaul rates. These CLINs w ill be included in a separate RFP, w hich w ill open at a later date.

The primary points of contact for this action are Ms. Lisa Cahill at (618) 220-7081 / E-mail: lisa.cahill@ustranscom.mil and Ms. Lorrie Leedy at (618) 220-7086 / E-mail: lorrie.leedy@ustranscom.mil.

1. CONTRACT ID CODE PAGE OF PAGES

K 1 6

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 06-Mar-2012

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X HTC711-11-R-W004

X 9B. DATED (SEE ITEM 11)

29-Nov-2011

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

06-Mar-2012

CODE

USTRANSCOM-AQ - HTC711

508 SCOTT DR

SCOTT AFB IL 62225-5357

HTC711 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

HTC711-11-R-W004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

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

Forklift Operator WG-5 + 36.25% Fringe Benefits Truck Driver, Light WG-5 + 36.25% Fringe Benefits Truck Driver, Medium WG-6 + 36.25% Fringe Benefits Truck Driver, Heavy WG-7 + 36.25% Fringe Benefits Truck Driver, Tractor-Trailer WG-8 + 36.25% Fringe Benefits

PORTS

Anchorage, Alaska Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Baltimore, Maryland Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Beaumont, Texas Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Boston, Massachusetts Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits

Brunswick, Georgia Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Charleston, South Carolina Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Corpus Christi Nas, Texas Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Galveston Bay, Texas Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Gulfport, Mississippi Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Houston, Texas Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Jacksonville, Florida Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Long Beach, California Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Los Angeles, California Blocker & Bracer WG-8 + 36.25% Fringe Benefits

Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Miami Ports, Florida Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Mobile, Alabama Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits New Orleans, Louisiana Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits New York, New York Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Newport News, Virginia Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Norfolk, Virginia Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Orange, Texas Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Philadelphia, Pennsylvania Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits

Port Canaveral, Florida Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Port Hueneme, California Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Portland, Oregon Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Puget Sound, Washington Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Richmond, California Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits San Diego, California Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits San Francisco Bay Area, California Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Savannah, Georgia Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits

Seattle, Washington Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Tacoma, Washington Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Wilmington, Delaware Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits Stevedore I WG-7 + 36.25% Fringe Benefits Stevedore II WG-9 + 36.25% Fringe Benefits Yorktown, Virginia Blocker & Bracer WG-8 + 36.25% Fringe Benefits Hatch Tender WG-8 + 36.25% Fringe Benefits Line Handler WG-8 + 36.25% Fringe Benefits

(End of clause)

(End of Summary of Changes)

Exhibit 1, Addenda to FAR Provisions

ADDENDUM TO FAR 52.212-1

FAR 52.212-1, Paragraphs (b) and (c), are hereby amended as indicated below. Paragraphs (d) through (l) are re-numbered as (f) through (n).

(b) Submission of Offers

(1) In response to this request for proposals (RFP), an offeror must mail or hand-deliver a written proposal in accordance with Paragraph (c) titled "Written Proposals", including all representations and certifications to the address listed in Paragraph (b)(4)(i) below.

(2) Offerors must also electronically submit proposed rates using the Carrier Analysis & Rate Evaluation

System, Service Module (CARE II SM). The CARE II SM is accessible through the Internet using the CARE II System Center Web Site at the Internet address listed in Paragraph (d)(1) below.

(3) Offerors intending to respond to this solicitation must provide a written request for a CARE II SM user account in accordance with Paragraph (d)(3) below. All of the information necessary to complete the electronic submission of the offer can be found at the Internet address provided in Paragraph (d)(1) below.

(4) Written and electronic proposals must be submitted to the addresses listed below and must arrive prior to 4:00 PM on 20 MAR 2012. The offeror agrees to hold the prices in its offer firm for 180 days from the date specified for receipt of offers. The written proposal must be enclosed in a sealed envelope marked "Request for Proposal No. HTC711-11-R-W004.” The offeror's name and address should appear in the upper left-hand corner, and the envelope should be enclosed in a second envelope that must be sent to the address listed below.

(i) The written proposal must be sent to the Contracting Officer, Mr William R Lindquist, at the following address:

USTRANSCOM / TCAQ-I

ATTN: MR WILLIAM LINDQUIST

SEALIFT BRANCH

508 SCOTT DRIVE

SCOTT AFB, IL 62225

(ii) Any and all questions concerning the RFP must be submitted in writing to:

Ms Lisa Cahill Phone: (618) 220-7081 E-Mail: Lisa.Cahill@ustranscom.mil

And

Mr William R Lindquist Phone: (618) 220-7089 E-Mail: Bill.Lindquist@ustranscom.mil

And

Ms Tiffany Rogers Phone: (618) 220-6720 E-Mail: Tiffany.Rogers@ustranscom.mil

(5) Company facsimile number and email/internet addresses must be provided with the written proposal.

(6) All offerors are required to submit their Standard Carrier Abbreviation Code (SCAC) with their written proposal.

(c) Written Proposals

(1) In addition to the CARE II SM data required in Paragraph (d) below, offerors must submit written proposals as described below in the quantities stated:

(i) VOLUME I – Executed RFP Documents (Submit original documents and one copy)

(ii) VOLUME II - Technical Proposal (Submit original and five copies)

(iii) VOLUME III – Past Performance Information (Submit original and two copies)

(iv) VOLUME IV – Small Business Subcontracting Plan (Applies to Large Businesses Only) (Submit original and one copy)

(v) VOLUME V – Pricing Proposal (Submit original and two copies of the spreadsheet segmenting the prices making up the port to point inland Northern Distribution Network (NDN) rate as required in Paragraph (c)(6)(ii) below. All other pricing is to be submitted in the CARE II SM as required in Paragraph(c)(6)(i) below).

NOTE: Instructions for submitting Volumes I through V are as follows:

(2) Executed RFP Documents (VOLUME I). Offerors shall submit all documents requiring signature or completion by the offeror. Each offeror shall complete applicable fill-ins and signatures and submit the original documents listed below. An authorized official of the firm shall sign the offer and all certifications requiring original signature.

Standard Form 1449, including acknowledgment of amendments, if applicable.

FAR Clause 52.212-3, Offeror Representations and Certifications – Commercial Items

FAR Clause 52.203-2, Certificate of Independent Price Determination

(3) Technical Proposal (VOLUME II). Offerors are required to submit a written technical proposal.

Offerors shall identify each trade route proposed. Proposed trade routes may be submitted through the Integrated Booking System (IBS) or the CARE II SM, an Excel spreadsheet or any other comparable form. If the offeror chooses to utilize information which has been submitted and exists in IBS or the CARE II SM on the date specified for receipt of offers, the offeror must submit a signed statement as part of their technical proposal certifying the narrative data in IBS or the CARE II SM is accurate as of the date specified for receipt of offers and can be used for evaluation purposes.

Technical Proposals shall also address the following subfactors:

(i) Vessel Profile. Provide a vessel profile for vessels owned by, or under the offeror’s control of, the offeror which will be utilized in performance of the requirements of this solicitation. Offerors shall either provide documented evidence of vessel ownership or control, or they must submit a signed statement as part of their technical proposal certifying vessel ownership or control. Vessel profiles must include the name of the vessel, type of vessel, capacity of the vessel and the flag of registry. Data may be submitted through the Integrated Booking System (IBS) or CARE II SM, an Excel spreadsheet or any other comparable form. If the offeror chooses to utilize information which has been submitted and exists in IBS or the CARE II SM on the date specified for receipt of offers, the offeror must submit a signed statement as part of their technical proposal certifying the Vessel Profile data in IBS or the CARE II SM is accurate as of the date specified for receipt of offers and can be used for evaluation purposes.

(ii) Electronic Data Interchange (EDI). Describe the offeror’s approach to providing the EDI interface requirements identified in the solicitation and the offeror’s plans and ability to meet the EDI requirements.

Offerors must submit a copy of their Trading Partner Agreements (TPA) as part of their offer. If the offeror’s current TPA is prior to 2008, offerors must submit an updated TPA. Information on TPAs can be obtained by contacting Ms Rose McLeod at rose.m.mcleod.civ@mail.mil / (618) 220-5656 and Ms Tina Woodbury at tina.m.woodbury2.civ@mail.mil / (618) 220-5673.

(iii) Information Assurance & Cyber Security. The offeror shall submit an Information Assurance

Report that describes their environment for safeguarding DOD non-public information resident on or transiting on the contractor's unclassified information systems from unauthorized access and disclosure. Protection measures applied should consider the risks (i.e. consequences and their probability) of loss, misuse, unauthorized access, or modification of information. The report shall also address the SANS (SysAdmin, Audit, Network, Security) Institute's Twenty Critical Security Controls for Effective Cyber Defense: Consensus Audit Guidelines (http://www.sans.org/critical-security-controls) and be provided in accordance with the template at Attachment 12 to the PWS. Offerors may provide additional information to support their security posture.

(4) Past Performance Information (Volume III)

(i) The offeror shall submit no more than five past performance references, public or private, for which the offeror has performed services, within the previous three calendar years, similar in nature to the services described in this solicitation. Each reference should include the name of the company or Government agency services were performed for and a point of contact and phone number for the references listed. The Government may contact those references to verify information and/or gather additional information. Offerors may identify awards or recognition that they have received from their commercial customers and professional/trade organizations as evidence of their past performance for public and private organizations. References provided should address the contractor’s performance in the following areas:

(a) On-time delivery: Provide a description of the offeror's on-time delivery metrics of previous contracts either Government or Commercial.

(b) Quality of EDI data: Provide a description of the offeror's ability to meet the EDI requirements of previous contracts either Government or Commercial.

(c) Consistency and reliability of service: Provide a description of the offeror's ability to maintain service per advertised schedules to include ports of call.

(d) Loss of and/or damage to shipments: Provide a description of the offeror's ability to provide loss and damage free shipments.

(ii) Past Performance Questionnaires. The offeror shall send out a Past Performance

Questionnaire (Attachment 1 to Exhibit 1) to each of the offeror’s references identified in their proposal along with a request for the reference to complete the questionnaire and return it to the Government by the date specified for receipt of offers. The responsibility to send out the Past Performance Questionnaires rest solely with the offeror; it shall not be delegated to any other entity. Once the questionnaires are completed by your reference points of contact, the information therein shall be considered procurement sensitive and shall not be released to you, the offeror. Completed Past Performance Questionnaires shall be submitted via email to lisa.cahill@ustranscom.mil and bill.lindquist@ustranscom.mil or USTCAQ-OTO-USC@ustranscom.mil.

(5) Small Business Subcontracting Plan (Volume IV) (Applies to Large Businesses Only). The offeror shall submit a Small Business Subcontracting Plan IAW FAR Part 19.7, The Small Business Subcontracting Program, FAR Clause 52.219-9, Small Business Subcontracting Plan, and DFARS Clause 252.219-7003, Small Business Subcontracting Plan (DOD Contracts). In accordance with FAR 19.702, the offeror’s Small Business

Subcontracting Plan reflect the offeror’s agreement that small business, veteran-owned small business, service-disabled veteran small business, HUBZone small business, small disadvantaged business and women-owned small business concerns will have the maximum practicable opportunity to participate in contract performance consistent with the offeror’s efficient performance.

(6) Pricing Proposal Narrative (Volume V)

(i) Proposed rates shall be submitted using the CARE II SM system. Pricing information shall not be included in offeror’s written technical proposal.

(ii) Complete the attached spreadsheet (Attachment 2 to Exhibit 1) segmenting the prices making up the port to point inland NDN rate.

(iii) Tariffs. To allow for a price comparison review, the offeror must submit with its Pricing

Proposal information sufficient to enable proposal evaluators to access internet web sites containing all effective commercial tariffs published by the offeror for all trade routes for which service is offered under this solicitation.

(d) Electronic Offers

(1) The electronic proposal must be submitted using the following Internet address:

https://eta.sddc.army.mil/

(2) CARE II SM Application Instructions:

(i) Instructions for the CARE II SM application can be obtained from the CARE II System Center Web Site.

(ii) Carriers should enter the service that provides the shortest transit time the carrier is willing to offer between the origin and destination.

(iii) Note that a rate offered with the value of "$0" (zero dollars) will be considered as "no charge" for service by the Contracting Officer.

(iv) Carriers should not offer a rate in the CARE II SM for contract line item numbers (CLINs) they do not offer service on.

(v) All basic container rates, unless otherwise specified, are to be offered in whole dollars per container (lump sum).

(vi) All basic breakbulk rates, unless otherwise specified, are to be offered in whole dollars per measurement ton (MsT) of 40 cubic feet manifest measure and apply on a Free In and Out (FIO) basis.

(vii) Changes to rate offers can be made to any Contract Rate Submission as identified in the CARE II SM up until the date specified for the receipt of offers. The offeror must enter changes to offers in whole dollars per MsT, per container, or as otherwise specified, in the appropriate line item field.

(viii) Carriers must notify the Contracting Officer within 72 hours of the solicitation issuance date if they are unable to obtain a CARE II SM account.

(ix) Once a CARE II SM account is established, carriers must immediately notify the Contracting

Officer in the event difficulties are encountered in accessing the CARE II SM. If carriers are unable to access the CARE II SM to enter the required data in sufficient time to be received by the Government by the date established for receipt of proposals, they may request authorization from the Contracting Officer to submit a hard copy containing the required proposal data. Offerors are advised that in the event submission of hard copies is authorized, timely submission of offers is still required in accordance with the terms of the solicitation. In the event both electronic proposal and hard copy proposal are received in a timely manner from the same carrier, the electronic proposal will take precedence.

(3) Request for CARE II SM User Account.

(i) The CARE II SM application will be provided only upon receipt of an electronic request submitted via the SDDC Electronic Transportation Acquisition (ETA) web site (https://eta.sddc.army.mil/). Click on the "New User Registration" link on the left side of the page. Scroll down the page to "CARE II (Carriers)" and put a check in the box to the left. Scroll down to the bottom of the page and click "Generate Request Form". Fill in all applicable information and click "Submit Request". The CARE II SM user account will consist of a User ID and Password, each unique to the individual offeror. Upon receipt of the request, the CARE II SM user ID and password will be made available to the requesting party via e-mail within two working days. Help with access to CARE II SM is available by contacting Roosevelt Mitchell, 618-220-5659.

(ii) How to Sync Certificate with ETA:

(a) Log in to ETA with User ID and Password at https://eta.sddc.army.mil/

(b) On the top banner select “Support”

(c) Click on “Register certificate (CAC/ECA/TWIC)” in the dropdown

(d) Click on “Register certificate”

(e) Submit CAPTCHA answer and click “SAVE”

(f) CAC/ECA is now registered

(iii) Hardware and Software Requirements

(a) The minimum hardware and software requirements for the operation of the CARE II

SM application are:

� 1 Gigahertz (GHz) 32-bit (x86) or 64-bit (x64) � Windows XP or newer version

� 2GB RAM

� 200 MB hard disk space � Super VGA monitor with 1024 x 768 resolutions � Microsoft Mouse or compatible pointing device

(b) In order to access the CARE II SM from the web, offerors must have internet access and the following minimum web browser specifications:

� Microsoft Internet Explorer Internet Explorer 7.0 � Browser must support 128-bit encryption for secure transmission of data

(e) Pre-Proposal Conference

USTRANSCOM will host the USC-7 Preproposal Conference on 12 DEC 2011, from 7:30 to 12 noon at

Scott AFB, IL in the McCUTCHEON conference room (USTRANSCOM, building 1900). Due to the room capacity, seating is limited to two (2) individuals per carrier.

Names of attendees must be submitted to Lisa Cahill (lisa.cahill@ustranscom.mil) and William Lindquist

(Bill.Lindquist@ustranscom.mil) via e-mail no later than 05 DEC 12 in order to facilitate a base pass.

(End of Addendum)

ADDENDUM TO FAR 52.212-2

FAR 52.212-2 is amended in its entirety as follows:

(a) The Government will award multiple contracts resulting from this solicitation to the responsible offerors whose offers conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Multiple contracts will be awarded to provide Government shippers flexibility of choice and service coverage. Low-price technically-acceptable source selection procedures will be utilized in accordance with FAR 15.101-2, DFARS 215.101-2 and DOD Source Selection Procedures. The following factors shall be used to evaluate offers:

(1) Technical. Offeror’s written Technical Proposals will be evaluated to determine if the offeror’s technical approach is Acceptable or Unacceptable. Offeror’s technical proposals will be evaluated on a by-lane basis (specific CLINs in the CARE II System under various routes – i.e., “US East Coast to Pakistan and W/C India”). Therefore, an offeror’s technical proposal may be rated Acceptable on some lanes and Unacceptable on others. Offerors will be eligible for an award if their technical proposal is rated Acceptable on at least one lane. The Government reserves the right to reject any offer of service on those route indices or route zones (where applicable) where the Government determines that the technical capability to serve the route index or indices as stated in the contractor’s offer is less than the contractor’s service offered commercially. The following subfactors will be evaluated under the Technical Factor:

(i.) Vessel Profile. To be rated Acceptable, offerors must propose vessels that they own, or have control of, that meet the requirements of the solicitation for the routes/zones proposed. It is acceptable to utilize feeder vessels that are not U.S. flag for part of the transit to routes/zones proposed in the solicitation. However, it will be evaluated at a lower priority (P2) for Task Order (booking) Awards.

(ii) EDI Capability. To be rated Acceptable, the offeror must demonstrate that they will provide all mandatory EDI interface requirements as described in the solicitation and they must also demonstrate that they have Trading Partner Agreements in place.

(iii) Information Assurance & Cyber Security: To be rated Acceptable, the offeror must submit an Information Assurance Report that describes their environment for safeguarding DOD non-public information resident on or transiting on the contractor's unclassified information systems from unauthorized access and disclosure AND address the SANS (SysAdmin, Audit, Network, Security) Institute's Twenty Critical Security Controls for Effective Cyber Defense: Consensus Audit Guidelines (http://www.sans.org/critical-security-controls).

(2) Past Performance. Offeror’s Past Performance Information for efforts completed within the past three years will be evaluated to determine if the offeror’s past performance is Acceptable or Unacceptable. If, based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown, their offer will be rated Acceptable. If, based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort then their offer will be rated Unacceptable.

(i) The Government will begin the Past Performance evaluation by determining the recency and relevancy of each referenced contract. Recency is defined as any work performed within the past three years from the date of issuance of the solicitation. The following relevancy ratings will be utilized in evaluating the relevancy of the offeror’s past performance. Only those references that are determined to be recent and relevant will be evaluated.

RATING DESCRIPTION

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

(ii) Next, the Government will determine how well the offeror performed on the recent and relevant contracts.

(iii) Finally, the Government will assign an overall Past Performance Information rating of Acceptable or Unacceptable to each offer based on the past performance information submitted by the offeror, and any other past performance information obtained by the Government through the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), other databases, interviews with Program Managers, Contracting Officers, Fee Determining Officials or any other source available to the Government.

(3) Small Business Subcontracting Plan (Applies to Large Businesses Only). Offeror’s Small Business

Subcontracting Plan will be evaluated to determine if the offeror’s proposed plan is Acceptable or Unacceptable. To be rated Acceptable, the offeror’s proposed Small Business Subcontracting Plan must meet all of the requirements in FAR Part 19.7, FAR Clause 52.219-9, Small Business Subcontracting Plan, and DFARS Clause 252.219-7003, Small Business Subcontracting Plan (DOD Contracts), and in accordance with FAR 19.702, the offeror’s Small Business Subcontracting Plan must reflect the offeror’s agreement that small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns will have the maximum practicable opportunity to participate in contract performance consistent with the offeror’s efficient performance.

(4) Price. Offeror’s proposed pricing will be evaluated to determine if the offeror’s proposed pricing is considered fair and reasonable, as well as realistic. Price evaluation for all proposed rates will be performed in accordance with FAR 15.404-1, utilizing the rates the offeror has inserted into the CARE II SM. Reasonableness may be determined based on comparison to prices submitted by the competition, current market conditions, comparison to the Government estimate, or utilization of any other price analysis technique identified in FAR 15.404-1(b)(2). Price realism will be based on an evaluation of prices to determine whether the specific elements of the proposal reflect a clear understanding of the requirements and are consistent with the unique methods of performance described in the offeror's technical proposal. Offeror’s pricing will be evaluated on a by-lane basis (specific CLINs in the CARE II System under various routes – i.e., “US East Coast to Pakistan and W/C India”).

Therefore an offeror’s pricing may be determined fair, reasonable and realistic on some lanes and not on others.

Offerors will be eligible for an award if their pricing is determined fair, reasonable and realistic on at least one lane.

Any unreasonably or unrealistically priced lanes are subject to removal from the competitive range on the basis that the offeror does not understand the requirement for the lane or has submitted an unrealistic price for the lane. The Government may accept some or all rates or services initially offered without conducting discussions. If discussions are conducted, they will be limited to those offers considered to be within the competitive range and may be limited to certain rates or services specifically identified in writing by the Contracting Officer to the offerors. Offerors remaining within the competitive range upon conclusion of discussions will be afforded an opportunity to submit a final proposal revision.

(i) Applicable to Ocean Rates – In addition to evaluation under FAR Part 15, U.S. Flag Service offers will be evaluated for compliance with the Cargo Preference Act of 1904 (10 U.S.C. 2631, as amended). A rate will not be considered for award should the Contracting Officer (CO) determine that the rate exceeds charges to private persons for carriage of like goods, pursuant to the Cargo Preference Act of 1904 (or other law or regulation).

(ii) The Contracting Officer will not consider an offer to be fair and reasonable, if it contains rates higher than the highest commercial service contract rate; or that are clearly and substantially in excess of the rates stated in comparable commercial service contracts to which the offeror is party, for the same trades and similar services.

(b) Voluntary Intermodal Sealift Agreement (VISA) Priorities Preference Application

(1) Application of the VISA priority preference will proceed as follows:

(2) Submitted offers that are responsive to this solicitation, have been rated as acceptable under Technical, Past Performance and Small Business Subcontracting Plan (large businesses only) and have proposed fair and reasonable, as well as realistic, pricing will be grouped into the VISA participant categories for each trade lane.

VISA participant categories are the prioritized order for utilization of commercial sealift capacity to meet Department of Defense requirements. Specifically, the categories of priority of vessel capacity offered to perform these services in order from highest priority to lowest priority are as follows:

(i) U.S. Flag vessel capacity operated by a VISA "Participant" that has made a current, minimum commitment of its U.S. Flag vessel capacity to Stages I, II and III of VISA or that has made a current, minimum commitment of its Jones Act capacity (capacity exclusively engaged in the domestic trades) to Stage III of VISA and a current, minimum commitment of the remainder of its U.S. Flag vessel capacity to Stages I, II and III of VISA or, with regard to an offer for a long-term charter to DOD, that has made a current, minimum commitment of its U.S. Flag vessel capacity to Stage III of VISA. The U.S. Flag Vessel Sharing Agreement (VSA) capacity of such a Participant also is grouped in this category of priority.

(a) U.S. Flag vessel capacity operated by a VISA "Participant" that has made a current, minimum commitment of its U.S. Flag vessel capacity to Stage III of VISA and the U.S. Flag Vessel Sharing Agreement (VSA) capacity of such a Participant.

(b) U. S. Flag vessel capacity operated by a non-Participant.

(c) Combination U.S./foreign flag vessel capacity operated by the kind of "Participant" described in paragraph 1 above and the combination U.S./foreign flag VSA capacity of such a Participant.

(d) Combination U.S./foreign flag vessel capacity operated by the kind of "Participant" described in paragraph 2 above and the combination U.S./foreign flag VSA capacity of such a Participant.

(e) Combination U.S./foreign flag vessel capacity operated by a non-Participant.

(f) U.S. owned or operated foreign flag vessel capacity and VSA capacity of the kind of

"Participant" described in paragraph II.A.1 above.

(g) U.S. owned or operated foreign flag vessel capacity and VSA capacity of the kind of

"Participant" described in paragraph II.A.2 above.

(h) U.S. owned or operated foreign flag vessel capacity or VSA capacity of a non-

Participant.

(i) Foreign-owned or operated foreign flag vessel capacity of a non-Participant.

(c) Options. The Government will not evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The two one-year option periods will be unpriced at the time of award. The option year rates will be competed and evaluated prior to exercising each carrier’s option period. The Government will conduct a price analysis to determine whether the prices are fair and reasonable. A price realism analysis will also be conducted to determine whether the specific elements of the proposal reflect a clear understanding of the requirements and are consistent with the unique methods of performance described in the offeror’s technical proposal.

(d) Basis for Award. Beginning with the low-priced offeror, awards will be made by lane to offerors whose proposals are determined technically acceptable, have acceptable past performance, have proposed an acceptable Small Business Subcontracting Plan (Applies to Large Businesses Only) and have proposed fair and reasonable, as well as realistic, pricing. In accordance with DFARS 247.573-2(c), the Government will give a preference to offerors who propose U.S. Flag vessels which have been determined to be acceptable as they are compliant with the

Cargo Preference Act of 1904, and to offerors participating in the Voluntary Intermodal Sealift Agreement (VISA) program.

(e) 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.

(f) If the Government extends the contract pursuant to FAR 52.217-8, Option to Extend Services, such extension shall be at the rates in effect under the contract when the option is exercised.

Exhibit 2, Additional Clauses

1. Contractor Protection from Competition

1.1 Contractor Protection

A Contractor receiving an initial base period award or an option period award for this contract shall, during the respective base or option period of this contract, be protected from the subsequent competition of other Contractors after that initial award within the limitations of the Cargo Preference Act of 1904. This Contractor protection encourages initial full and open competition, protects the integrity of the contracting process, facilitates a streamlined acquisition process, promotes DOD’s sealift readiness goals implemented in the VISA priorities, and complies with applicable law. The Cargo Preference Act of 1904 also has the effect of establishing a ceiling price; it states that charges to the U.S. Government may not be higher than the charges for transporting like goods for private persons.

1.2 Cargo Preference

The availability of U.S. flag service shall be evaluated up to the date for responses to the RFP that resulted in this contract. While initial awardees may be subject to contractual remedies for failure to provide promised U.S. flag service, an initial award for foreign flag service that complies with law at the time of award shall be displaced during the period of the contract by another Contractor’s subsequent offer of U.S. flag service for the same requirement only in accordance with the following procedures. Initial award(s) shall not be displaced until the minimum cargo guaranteed to the initial awardee(s) has been offered to the awardee(s). Initial awardees displaced by a “late” offeror remain eligible to receive future orders for transportation when the “late” offeror is unavailable or as otherwise authorized by this contract and applicable law.

1.3 VISA Status

In that VISA status relates to a Contractor’s VISA commitment and whereas VISA Priority relates to both VISA commitment of the Contractor and flag status of a particular service, the VISA status of an offeror shall be evaluated up to the date for responses to the RFP that resulted in this contract, or the date for responses to the option period. A contract awardee may be subject to contractual remedies for failure to maintain at least the same VISA status throughout the respective base or option period of this contract. However, minimum cargo commitments awarded that properly reflect all offerors’ VISA status at the time of responses to the RFP or option period shall not be negated during the respective base or option period as a result of one or more contract awardees subsequently attaining a higher VISA status.

1.4 Late Rates

1.4.1 USTRANSCOM shall not accept proposals of service and rates from Contractors that were not awarded any contracts as a result of this solicitation unless the Contractor is offering U.S. flag service or combination U.S.

flag service that cannot otherwise be obtained from Contractors that were awarded contracts. In such case, paragraph

1.2 applies.

1.4.2 The Contracting Officer shall negotiate rates when capacity from Contractors with initially awarded rates is not available to meet requirements or a new service will provide a higher VISA priority service than otherwise available to the U.S. Government under initially awarded rates. Rates for ocean and single factor service accepted after initial award will be marked as late and used only when the late rates involve a service with a higher VISA priority than the servcie otherwise available to the U.S. Government under initially awarded rates; or capacity from Contractors with initally awarded rates is not available to meet the requirment.

1.5 Option Years Rate Additions

1.5.1 Contractors awarded a contract during the basic contract period may offer rates on additional routes during the option year rate refresh on routes they do not have accepted rates on for the basic contract period. Contractors who had accepted rates on these routes during the basic contract period are not protected from this new competition on those routes during any option period; the protection described in subparagraph 1.4 above does not apply to this situation. All Contractors with accepted rates on the same routes for an option period and any extension shall compete equally for all cargo volumes based on a contemporaneous best value analysis. A similar ability to offer new service on a route shall not exist at the time of contract extension, if any; the offer of new rate at time of contract extension would be processed under paragraph 1.4.2.

2. Maritime Clauses

2.1 Application of COGSA

For containers, the United States Carriage of Goods by Sea Act 46 U.S.C. 1300 et seq. (hereinafter“COGSA” or “the Act”) is incorporated and shall apply to the ocean transportation of all goods, including goods in containers stowed on deck, under any Shipping Order with the same force and effect as if the Act applied to such carriage by express provision therein; For the purpose of interpreting Section 4 of the Act, "Limitation of Liability", the act of loading cargo into, or upon, a container shall not transform such containerized cargo into a single COGSA “package” (as defined herein). For example, the act of loading multiple boxes, bundles, or pieces of cargo into a container does not convert all boxes, bundles, or pieces of cargo into a single COGSA “package.” The limitation of liability set out in Section 4 of the Act shall apply to each package in a container and the government packing list itemizing the cargo in the container is prima facie the controlling document for determining how many “packages” are in a container. The Government packing list is the document completed by the origin shipper listing the items in a container.

For breakbulk, COGSA is incorporated and shall apply to the ocean transportation of all goods, under any Shipping Order with the same force and effect as if the Act applied to such carriage by express provision therein. The COGSA limitation of liability for cargo not in packages is to each measurement ton of cargo. If the Government through its booking system (currently IBS) indicates an order is being shipped “breakbulk,” the COGSA limitation of liability will be valued by the measurement ton of breakbulk cargo regardless of whether other shipping documents (i.e.

shipping manifest, etc) refer to the breakbulk cargo as a single “piece,” “unit,” or other single item. The IBS booking document indicating “breakbulk” is the controlling document between the parties.

For all cargo, container and breakbulk, the carriage of cargo under any Shipping Order issued pursuant to this contract shall not be deemed or construed to be the carriage of cargo pursuant to special terms and conditions as provided for in Section 6 of the Act; and nothing in this solicitation is intended to relieve the contractor or the vessel from liability for loss or damage to or in connection with the goods arising from negligence, fault or failure in the duties and obligations provided by the Act or to lessen such liability otherwise than as provided therein. COGSA shall apply from the point of delivery to the Contractor to the point of delivery to the Consignee whether in connection with intermodal or ocean-only transportation under this Contract. Accordingly, COGSA shall apply in determining the limits of a Contractor’s liability, as set forth above, for loss or damage to cargo booked under this Contract arising at any time in the custody of the Contractor.

When the application of COGSA would not result in a limitation on liability, this contract also excludes any limitation on liability.

Upon U.S. Senate ratification of the United Nations Commission on International Trade Law (UNCITRAL) Convention on the Carriage of Goods Wholly or Partly by Sea (the Convention) or entry into force of the Convention (whichever event occurs first), the package limitation provisions of the Convention shall substitute for or otherwise stand in the place of the COGSA package limitation for the purpose of determining the limits of a Contractor’s liability for loss or damage to US Government cargo arising at any time in the custody of the Contractor .

2.2 Application of COGSA for Non-Government Owned Cargo

For containers, the United States Carriage of Goods by Sea Act 46 U.S.C. 30701 et seq.(hereinafter "COGSA" or "the Act") is incorporated and shall apply to the ocean transportation by the Contractor of all goods, including goods in containers stowed on deck, owned by a non-government cargo owner under any Shipping Order with the same force and effect as if the Act applied to such carriage by express provision therein. For the purpose of interpreting

Section 4 of the Act, "Limitation of…