Final RFP 16 Apr 12.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)

$14M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

HTC711-12-R-R002 16-Apr-2012

b. TELEPHONE NUMBER

618-220-6713

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 17 May 2012

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 Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

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 W81GYE 16. ADMINISTERED BY

SDDC CONTRACTING CENTER - W81GYE - SCOTT

GEORGE GOUNLEY

W4PQ MSDDC FIELD OPERATING ACT

BUILDING 1900W

508 SCOTT DRIVE

SCOTT AFB IL 62225-5357

TEL: 618-220-6870 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CHAD M. HANKINS

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

488210

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: 100 % 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

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

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

HTC711-12-R-R002

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Lot DOD Railroad Cars (DODX) Labor

FFP

Provide Repair and Maintenance Labor for Military Surface Deployment and Distribution Command (SDDC) DODX IAW Performance Work Statement (PWS). Offerors shall propose the percentage of the AAR Office Manual prices that it shall charge for labor.

FOB: Destination

SIGNAL CODE: A

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 1 Lot DOD Railroad Cars (DODX) Material

FFP

Provide Repair and Maintenance Material for Military Surface Deployment and Distribution Command (SDDC) DODX IAW Performance Work Statement (PWS). Offerors shall propose the percentage of the AAR Office Manual prices that it shall charge for materials.

UNIT UNIT PRICE MAX AMOUNT

0003 12 Months Management Services

FFP

Management IAW Performance Work Statement (PWS) sections 1.3.5 and 1.3.6.

TASK 5 - Quality Assurance & Certifications and TASK 6 - Contract Management.

UNIT UNIT PRICE MAX AMOUNT

1001 1 Lot OPTION DOD Railroad Cars (DODX) Labor

FFP

Provide Repair and Maintenance Labor for Military Surface Deployment and Distribution Command (SDDC) DODX IAW Performance Work Statement (PWS). Offerors shall propose the percentage of the AAR Office Manual prices that it shall charge for labor.

UNIT UNIT PRICE MAX AMOUNT

1002 1 Lot OPTION DOD Railroad Cars (DODX) Material

FFP

Provide Repair and Maintenance Material for Military Surface Deployment and Distribution Command (SDDC) DODX IAW Performance Work Statement (PWS). Offerors shall propose the percentage of the AAR Office Manual prices that it shall charge for materials.

UNIT UNIT PRICE MAX AMOUNT

1003 12 Months OPTION Management Services

FFP

Management IAW Performance Work Statement (PWS) sections 1.3.5 and 1.3.6.

TASK 5 - Quality Assurance & Certifications and TASK 6 - Contract Management.

UNIT UNIT PRICE MAX AMOUNT

2001 1 Lot OPTION DOD Railroad Cars (DODX) Labor

FFP

Provide Repair and Maintenance Labor for Military Surface Deployment and Distribution Command (SDDC) DODX IAW Performance Work Statement (PWS). Offerors shall propose the percentage of the AAR Office Manual prices that it shall charge for labor.

UNIT UNIT PRICE MAX AMOUNT

2002 1 Lot OPTION DOD Railroad Cars (DODX) Material

FFP

Provide Repair and Maintenance Material for Military Surface Deployment and Distribution Command (SDDC) DODX IAW Performance Work Statement (PWS). Offerors shall propose the percentage of the AAR Office Manual prices that it shall charge for materials.

UNIT UNIT PRICE MAX AMOUNT

2003 12 Months OPTION Management Services

FFP

Management IAW Performance Work Statement (PWS) sections 1.3.5 and 1.3.6.

TASK 5 - Quality Assurance & Certifications and TASK 6 - Contract Management.

UNIT UNIT PRICE MAX AMOUNT

3001 1 Lot OPTION DOD Railroad Cars (DODX) Labor

FFP

Provide Repair and Maintenance Labor for Military Surface Deployment and Distribution Command (SDDC) DODX IAW Performance Work Statement (PWS). Offerors shall propose the percentage of the AAR Office Manual prices that it shall charge for labor.

UNIT UNIT PRICE MAX AMOUNT

3002 1 Lot OPTION DOD Railroad Cars (DODX) Material

FFP

Provide Repair and Maintenance Material for Military Surface Deployment and Distribution Command (SDDC) DODX IAW Performance Work Statement (PWS). Offerors shall propose the percentage of the AAR Office Manual prices that it shall charge for materials.

UNIT UNIT PRICE MAX AMOUNT

3003 12 Months OPTION Management Services

FFP

Management IAW Performance Work Statement (PWS) sections 1.3.5 and 1.3.6.

TASK 5 - Quality Assurance & Certifications and TASK 6 - Contract Management.

UNIT UNIT PRICE MAX AMOUNT

4001 1 Lot OPTION DOD Railroad Cars (DODX) Labor

FFP

Provide Repair and Maintenance Labor for Military Surface Deployment and Distribution Command (SDDC) DODX IAW Performance Work Statement (PWS). Offerors shall propose the percentage of the AAR Office Manual prices that it shall charge for labor.

UNIT UNIT PRICE MAX AMOUNT

4002 1 Lot OPTION DOD Railroad Cars (DODX) Material

FFP

Provide Repair and Maintenance Material for Military Surface Deployment and Distribution Command (SDDC) DODX IAW Performance Work Statement (PWS). Offerors shall propose the percentage of the AAR Office Manual prices that it shall charge for materials.

UNIT UNIT PRICE MAX AMOUNT

4003 12 Months OPTION Management Services

FFP

Management IAW Performance Work Statement (PWS) sections 1.3.5 and 1.3.6.

TASK 5 - Quality Assurance & Certifications and TASK 6 - Contract Management.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$25,000.00 $9,000,000.00

The minimum order value for this Indefinite Delivery/Indefinite Quantity contract is established at $25,000.00 for the Base Year. The guaranteed minimum applies to the Base Year only. The guaranteed minimum does not apply to the Option Years. The guaranteed minimum is for the entire contract. The guaranteed minimum is satisfied when the contractor has been offered sufficient repair and maintenance services totaling $25,000.00 during the contract Base Year.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-AUG-2012 TO

31-JUL-2013

N/A SDDC CONTRACTING CENTER - W81GYE

- SCOTT

GEORGE GOUNLEY

W4PQ MSDDC FIELD OPERATING ACT

BUILDING 1900W

508 SCOTT DRIVE

SCOTT AFB IL 62225-5357

618-220-6870

W81GYE

0002 POP 01-AUG-2012 TO

31-JUL-2013

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-AUG-2012 TO

31-JUL-2013

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-AUG-2013 TO

31-JUL-2014

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-AUG-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-AUG-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-AUG-2014 TO

31-JUL-2015

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-AUG-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-AUG-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-AUG-2015 TO

31-JUL-2016

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-AUG-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-AUG-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-AUG-2016 TO

31-JUL-2017

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-AUG-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-AUG-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

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

(Sep 2006) -- Alternate I

OCT 1995

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

FEB 2012

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

DEC 2010

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

MAY 2011

52.212-4 Contract Terms and Conditions--Commercial Items FEB 2012 52.216-27 Single or Multiple Awards OCT 1995 52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns JAN 2011 52.219-14 Limitations On Subcontracting NOV 2011 52.219-28 Post-Award Small Business Program Rerepresentation APR 2009 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity for Veterans SEP 2010 52.222-36 Affirmative Action For Workers With Disabilities OCT 2010

52.222-37 Employment Reports on Veterans SEP 2010 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-48 Exemption from Application of Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification

FEB 2009

52.222-50 Combating Trafficking in Persons FEB 2009 52.222-53 Exemption from Application of the Service Contract Act to

Contracts for Certain Services--Requirements

FEB 2009

52.222-54 Employment Eligibility Verification JAN 2009 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.232-18 Availability Of Funds APR 1984 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7003 Agency Office of the Inspector General DEC 2011 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING

AN UNPAID DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW

(DEVIATION 2012-O0004)

JAN 2012

252.225-7012 Preference For Certain Domestic Commodities JUN 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

CLAUSES INCORPORATED BY FULL TEXT

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012)

(a) 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 via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

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

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also 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) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) 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.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2012) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) Reserved.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

___ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.216-18 ORDERING. (OCT 1995)

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

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

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

52.216-19 ORDER LIMITATIONS. (OCT 1995)

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

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

(1) Any order for a single item in excess of $1,000,000.00 ;

(2) Any order for a combination of items in excess of $9,000,000.00 ; or

(3) A series of orders from the same ordering office within one (1) day 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 one (1)day after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

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

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

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

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

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor 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 within 15 calendar days before the contract expires; 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 sixty

(60) months.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/ or https://www.acquisition.gov/FAR/

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of Defense Supplement to the Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

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

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (DEC 2010)

(DEVIATION)

(a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5) (OCT 2010) (DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

252.237-7010

252.237-7019

Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84).

Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375).

252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009) (Section 884 of Public Law 110-417)

252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631) 252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10

U.S.C. 2631)

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 E-mail Address: Ombudsman@ustranscom.mil

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Items FEB 2012

ADDENDUM TO FAR 52.212-1

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (FEB 2012)

A. General Instructions.

1. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein.

Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

1.1. The Government shall not conduct a pre-proposal conference for this solicitation.

2. The response shall consist of three (3) separate volumes: Part I – Technical Capability; Part II – Past Performance; and Part III – Price Proposal and Contract Documentation. To the greatest extent possible, each volume shall be written on a stand-alone basis so that its contents may be evaluated with a minimum of cross referencing to other volumes of the proposal. Information required for proposal evaluation which is not found in its designated volume will be assumed to have been omitted from the proposal. Cross-referencing within a proposal volume is permitted where its use would conserve space without impairing clarity. The Government requires a minimum of 90 calendar days for acceptance of offers submitted in response to this solicitation.

3. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness of the price.

3.1. Formal communications, such as requests for clarification, questions and/or written information concerning this solicitation will be accepted only in writing. Submit to:

USTRANSCOM/TCAQ-R

ATTN: Chad Hankins 508 Scott Drive Scott AFB IL 62225-5357 Or Telefax number (618) 220-7918 Or chad.hankins@ustranscom.mil

The request should be in the following format:

Reference: Section ___, Page_____, Paragraph____

Question:______________________________________.

3.1.1. Written questions will be answered in writing and provided to all offerors via posting to FedBizOps.

However, due to the time required to research a question and provide an answer via an amendment, questions received less than 14 calendar days prior to the due date of offers specified in this solicitation may not be answered.

4. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should 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 corporation and experience, and will base its evaluation on the information presented in the offeror’s proposal. Elaborate brochures or documentation, binding, detailed art work, or other embellishments are unnecessary and are not desired.

5. Proposal Format.

a. Proposals shall be on 8 ½” x 11” paper except for fold-outs used for charts, tables, or diagrams which may not exceed 11” x 17”.

b. A page is defined as one face of a sheet of paper containing information.

c. Typing shall not be less than 12 pitch except for figures and diagrams, where smaller is acceptable as long as it is readable.

d. All pages shall be numbered sequentially in Volumes I, II, and III. Page numbers shall be located at the bottom, center of each page.

e. Offers shall submit their proposals in three-ring, loose leaf binders. The binders shall lie flat when open. A cover sheet should be bound in each binder, clearly marking as to volume number, title, copy number, solicitation identification and the offeror’s name. The same identifying data should be placed on the spine of each binder. Be sure to apply all appropriate markings including those prescribed in accordance with FAR 52.215-1(e), Restriction on Disclosure and Use of Data, and FAR 3.104-4, Disclosure, Protection, and Marking of Contractor Bid or Proposal Information and Source Selection Information. The proposal shall be submitted in the following numbers and arrangement: Four three-ring loose-leaf binders (one original and three copies) for Volumes I, II, and III. Each binder shall contain one copy of Volumes I, II, and III with each part clearly tabbed.

Note: Contract documentation identified in paragraph B.3. shall be provided in the original binder only.

f. Only hand carried proposals will be accepted. Electronic proposals (including fax copies) WILL NOT be accepted. Hand carried includes proposals that are mailed or delivered by a service.

g. Proposal Organization

Volume Volume Title Page Limit

I Technical Capability 15 II Past Performance * III Price Proposal and

Contract Documentation None

*Page limitations apply to Relevancy Statements only. See paragraphs B.2.c. below.

Page limitations shall be treated as maximums. If exceeded, the excess pages will not be read or considered in the evaluation of the proposal and excess paper copies will be returned to the offeror as soon as practicable. Page limitations may be placed on responses to Evaluation Notices (ENs). The specified page limits for EN responses will be identified in the letters forwarding the ENs to the offerors.

B. Specific Instructions

1. Volume I – Technical Capability (shall not exceed fifteen (15) pages)

Offerors shall submit a sound plan for accomplishing the requirements of the contract within the required period of performance. The plan shall adequately identify all major project activities in logical order and realistic milestone dates. The plan should identify quality checks to ensure the final deliverables meet all PWS requirements and includes proposed actions for correction of any defects. The plan shall address the Capacity Commitment which is the number of Government DODX cars offerors will commit to have on hand for repair and maintenance at any one time regardless of its level of repair activity (most DODX cars are 68’ or 89’ long).

2. Volume II – Past Performance

a. Quality and Satisfaction Rating: Provide any information currently available (letters of reference/appreciation, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance and quality of services for same or similar type contracts performed for Federal agencies and commercial customers within the last three (3) years. Provide any correspondence to and from the Association of American Railroads (AAR) that led to the most recent technical and quality assurance certifications by the AAR. Information must be current (within last 3 years). Undated information or information over three years old will not be considered. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems.

b. Relevancy Statements: Provide a relevancy statement (each relevancy statement is restricted to no more than one (1) page) for up to three (3) contracts in which you have performed in the last three (3) years containing a clear explanation of how each of the contracts performed relates to the contract in which the offeror is providing a proposal. The contract(s) should be similar in size, scope and complexity to the PWS requirements and should demonstrate the offeror’s ability to perform the work identified in the below Performance Areas. The government will not be bound by those statements in making its own relevancy determinations.

Performance Areas:

1. Performance related to providing Office Manual Rule 88 repairs.

2. Performance related to providing heavy freight car repairs.

3. Performance related to providing tank car repairs, including qualification.

4. Performance related to providing same site cleaning and repair of tank cars with a residue of JP-8.

5. Performance related to providing Preventive Maintenance and Inspection Services in accordance with instructions supplied by car owners.

c. Performance Surveys: The government will evaluate the quality and extent of offeror’s performance deemed relevant to the requirements of this RFP. The government will use information submitted by the offeror and other sources, such as other Federal Government offices and commercial sources, to assess performance. The offeror shall send out, for each of the relevant contracts for which you provide a relevancy statement, a Past Performance Survey (See Attachment 2 to the RFP) to each of the offeror’s Points of Contact (POCs). Each individual example provided does not need to reflect performance in all five (5) areas listed above. The responsibility to send out the Past Performance Surveys rests solely with the offeror –i.e. it shall not be delegated to any other entity. The Transmittal Letter shall be used by the offeror in sending out the Past Performance Surveys.

Once the Past Performance Surveys are completed by your POCs, the information therein shall be considered sensitive and shall not be released to you, the offeror. Surveys shall be sent directly back to the Government. If more than one survey is received on any of the three (3) relevant contracts for which you provide a relevancy statement, only the first one received will be accepted. The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the current acquisition.

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

e. Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with the proposal a letter from 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.

3. Volume III - Price Proposal and Contract Documentation

Contract Documentation

a. Offerors shall include the following information in the proposal.

1. All locations for performance of repairs and maintenance

2. List of servicing railroad(s)

3. If served by a Switching & Terminal or short line railroad, what railroad(s) directly interchange with the serving railroad? (explain)

b. Offerors shall complete the SF Form 1449, blocks 12, 17a and 30a, b, and c. Block 17a should include 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.

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

d. 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 (FEB 2012)).

e. Complete the necessary fill-in clauses and certifications FAR 52.212-3 Offeror Representations and Certifications – Commercial Items (FEB 2012) Alternate I (APR 2011) and 252.212-7000 Offeror Representations and Certifications – Commercial Items (JUN 2005).

f. Offerors shall submit copies of all required and applicable AAR certifications IAW PWS paragraph 1.3.5.2.

g. AAR Tank Car Certified shops shall provide permits for the cleaning and disposal of petroleum or biodiesel fuel and residue.

Price Proposal

a. Offerors shall complete the SF Form 1449 schedule of supplies and services, blocks 19, 20, 21, 22, 23, and 24.

b. In preparing the price proposal for all labor and material CLIN’s use the following guidance. The Contractor shall propose the percentage of the AAR Office Manual prices that it shall charge for labor and for those materials priced in the Office Manual. Pricing must be quoted as a PERCENTAGE of the allowable labor and material price as stated in the current edition of the Office Manual. For example, a bid of 100% means that the Contractor bids the prices as listed in the Office Manual, a bid of 80% means that the Contractor bids prices 20% less than those in the Office Manual, and a bid of 120% means that the Contractor bids prices 20% greater than those in the Office Manual.

CLAUSES INCORPORATED BY FULL TEXT

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

(a) The following factors shall be used to evaluate offers:

(1) TECHNICAL CAPABILITY

(2) PAST PERFORMANCE

(3) COST/PRICE

This acquisition will be awarded in accordance with the FAR, Defense Federal Acquisition Regulation Supplement (DFARS), and United States Transportation Command Acquisition Regulation Supplement (TRANSFARS). The source selection will result in the selection of an offeror who represents the best value to the Government, price and non-price factors considered. The results of the Government’s best value decision will be documented in a best value document and briefed to the Source Selection Authority (SSA) for final approval.

The Government intends to use a best-value source selection approach to award up to six (6) Indefinite Delivery Indefinite Quantity (IDIQ) contracts, as a result of the solicitation. Contracts will be awarded to offerors who are responsive, responsible, and represent the best value to the Government considering technical approach, past performance, and price. The Government intends to evaluate offers and award up to six (6) contracts without discussions. Therefore, the offerors are advised that their initial offer should contain the most favorable terms and reflect its best possible performance potential. However, the Government reserves the right to conduct discussions if necessary.

Evaluation Factors and Subfactors

The Government intends to award up to six (6) contracts resulting from this solicitation to the responsible offeror(s) whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

Factor 1 – Technical Capability.

The Government will evaluate the offeror’s technical capability to ensure the offeror’s proposal details a realistic approach to successfully accomplishing the tasks as detailed in the Performance Work Statement (PWS), Paragraph 1.3.

Measure of Merit. The measure of merit for this factor is met when the offeror meets the Government’s minimum standard. This is achieved when the offeror submits a realistic approach for successfully accomplishing the PWS tasks. The offeror’s plan will be rated in accordance with the measure of merit and Acceptable (Pass) or Unacceptable (Fail) ratings shown below.

RATING DEFINITION

Acceptable Proposal meets the Government’s minimum requirements.

Unacceptable Proposal fails to meet the Government’s minimum requirements.

All technically unacceptable offers will be removed from any further consideration for award.

Factor 2 – Past Performance

Using past performance questionnaires submitted by the offerors Point of Contacts (POCs) and other information independently obtained from Government or commercial sources (i.e. Past Performance Information Retrieval System, Federal Awardee Performance and Integrity Information System, Questionnaires tailored to the circumstances for this acquisition, through Defense Contract Management Agency channels, or through interviews with Program Managers, Contracting Officer Representatives and Contracting Officers), the Government will perform a confidence assessment on each offeror that submits an acceptable technical proposal. The purpose of the past performance evaluation is to allow the Government to assess the offerors’ ability to perform the effort described in this RFP, based on the offerors’ demonstrated past performance. Past Performance questionnaires will be evaluated on the basis of recency and relevancy. The Government will first evaluate the recency (current within the last three years) and then the relevancy. Past performance information submitted which exceeds the three (3) year limitation will not be considered.

The Government will perform an independent assessment of relevancy of the data provided or obtained.

The Government may deem demonstrated performance more relevant on past performance whereby the offeror performed as the prime. In addition, relevancy will take into consideration DOD experience. The relevancy of each contract reference will be considered in the overall confidence assessment rating for the offeror. The following ratings will be used in evaluating the relevancy of the offerors’ past performance:

Very Relevant. Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

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

Somewhat Relevant. Present/past performance effort involved some of the 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.

Past Performance will be evaluated as a measure of the Government’s confidence in the offeror’s ability to successfully perform based on previous and current contracts. One of the following confidence assessment ratings will be assigned to each offeror:

Substantial Confidence. Based on the offerors recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence. Based on the offerors recent/relevant performance record, the

Government has a reasonable expectation that the offeror will successfully perform the required effort.

Limited Confidence. Based on the offerors recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence. Based on the offerors recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

Unknown Confidence (Neutral). No recent/relevant performance record is available or the offerors performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

Offerors with no recent relevant past or present performance history shall receive an Unknown Confidence meaning the rating is treated neither favorably nor unfavorably. In evaluating past performance, the Government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this Request For Proposal (RFP).

Factor 3 – Cost/Price

Price/Cost will be evaluated but not rated. The terms of the Association of American Railroads’ Field and Office Manuals of the Interchange Rules shall govern the ability to charge and the manner of calculating the Contractor’s charges.

Offerors will be evaluated based on the percentage of the AAR Office Manual prices that it shall charge for labor and for those materials priced in the Office Manual. For example, an offer of 100% means the offer is the prices as listed in the Office Manual, an offer of 80% means the offer is prices 20% less than those in the Office Manual, and an offer of 120% means the offer is prices 20% greater than those in the Office Manual. Offerors may propose different percentages for labor and for materials, different percentages for different locations, and different labor percentages for tank cars and for cars other than tank cars.

Order of Importance

This is a best value source selection in which competing offerors' past performance history will be…