Request for Proposal.pdf

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Attached to
Rail Management Support (RMS) Federal contract opportunity
Solicitation number
HTC711-12-R-R005
Issued by
Department of Defense United States Transportation Command

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The Request for Proposal (RFP) for the Rail Management Support (RMS) acquisition.

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QUESTION 2.docx DOCX document
Amendment 0003.pdf PDF
Amendment 0002.pdf PDF
RESPONSES TO QUESTIONS 1.docx DOCX document
Amendment 0001.pdf PDF

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Text version

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-R005 25-Apr-2012

b. TELEPHONE NUMBER

618-220-6713

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 25 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: % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

1 COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

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

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

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

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

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-R005

Section SF 1449 - CONTINUATION SHEET

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 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 07-DEC-2012 TO

30-SEP-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 FOB: Destination

W81GYE

1001 POP 01-OCT-2013 TO

30-SEP-2014

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-OCT-2014 TO

30-SEP-2015

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-OCT-2015 TO

30-SEP-2016

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-OCT-2016 TO

30-SEP-2017

N/A (SAME AS PREVIOUS LOCATION)

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 10 Months Services IAW PWS Tasks

FFP

Provide Rail Management Support (RMS) for Military Surface Deployment & Distribution Command (SDDC) IAW the attached Performance Work Statement

(PWS).

SIGNAL CODE: A

NET AMT

1001 12 Months OPTION Services IAW PWS Tasks

FFP

Provide Rail Management Support (RMS) for Military Surface Deployment & Distribution Command (SDDC) IAW the attached Performance Work Statement

(PWS).

2001 12 Months OPTION Services IAW PWS Tasks

FFP

Provide Rail Management Support (RMS) for Military Surface Deployment & Distribution Command (SDDC) IAW the attached Performance Work Statement

(PWS).

3001 12 Months OPTION Services IAW PWS Tasks

FFP

Provide Rail Management Support (RMS) for Military Surface Deployment & Distribution Command (SDDC) IAW the attached Performance Work Statement

(PWS).

4001 12 Months OPTION Services IAW PWS Tasks

FFP

Provide Rail Management Support (RMS) for Military Surface Deployment & Distribution Command (SDDC) IAW the attached Performance Work Statement

(PWS).

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 52.203-16 Preventing Personal Conflicts of Interest DEC 2011 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 52.217-5 Evaluation Of Options JUL 1990 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

JAN 2011

52.219-8 Utilization of Small Business Concerns JAN 2011 52.219-9 Small Business Subcontracting Plan JAN 2011 52.219-9 Alt II Small Business Subcontracting Plan (JAN 2011) Alternate II OCT 2001 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-3 Convict Labor JUN 2003 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

52.222-43 Fair Labor Standards Act And Service Contract Act - Price Adjustment (Multiple Year And Option)

SEP 2009

52.222-50 Combating Trafficking in Persons FEB 2009 52.222-54 Employment Eligibility Verification JAN 2009 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-5 Trade Agreements NOV 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 52.239-1 Privacy or Security Safeguards AUG 1996 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

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) SEP 2011 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

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

NOV 2010

CLAUSES INCORPORATED BY FULL TEXT

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998)

(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the Contractor believes the Government is liable. The request shall include only costs for performing the change, and shall not include any costs that already have been reimbursed or that have been separately claimed. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations.

(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the Contractor:

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.

(Official's Name) (Title)

(c) The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including--

(1) Cost or pricing data if required in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and

(2) Information other than cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to support any estimated costs, even if cost or pricing data are not required.

(d) The certification requirement in paragraph (b) of this clause does not apply to----

(1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or

(2) Final adjustment under an incentive provision of the contract.

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.

52.217-8 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 not later than 15 calendar days before the contract expires.

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

(a) The Government may extend the term of this contract by written notice to the Contractor not later than 15 calendar days prior to expiration of the existing contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 5 years, 6 months.

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

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

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

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

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

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

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

(3) For long-term contracts--

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

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

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

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

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

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

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

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

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

52.222-49 SERVICE CONTRACT ACT--PLACE OF PERFORMANCE UNKNOWN (MAY 1989)

(a) This contract is subject to the Service Contract Act, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following . The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing by not later than 14 calendar days to solicitation end date.

(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

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)

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

ADDENDUM TO FAR 52.212-1

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 four (4) separate volumes: Part I – Technical Capability; Part II – Past Performance; Part III – Small Business Commitment; and Part IV – 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.

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: Mr. Chad M. Hankins 508 Scott Drive, Bldg 1900W 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, III, and IV. 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, III, and IV. Each binder shall contain one copy of Volumes I, II, III, and IV with each part clearly tabbed.

Note: Contract documentation identified in paragraph B.4. 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 60 II Past Performance * III Small Business

Commitment

IV Price Proposal and Contract Documentation

None

*Page limitations apply to Relevancy Statements only. See paragraphs B.2.b. 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 sixty (60) pages)

Offerors shall submit documentation explaining the offeror’s basic commercial offering for rail in-transit visibility (ITV) and fleet management (FM), as defined in PWS paragraph 1.3.1. Additionally, offerors shall submit a detailed explanation as to how they plan to accomplish each of the remaining seven task areas, as detailed in the PWS. The explanation shall include how the offeror plans to ensure that all final deliverables meet or exceed the

PWS requirements. Offerors may submit any other documentation or explanation as support for the PWS requirements.

2. Volume II – Past Performance

a. 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 the Past Performance Questionnaires (See Attachment 1 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 four (4) areas listed below, but shall 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. Information must be current (within last three (3) years). Undated information or information over three years old will not be considered. The responsibility to send out the Past Performance Questionnaires 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 Questionnaires. Once the Past Performance Questionnaires 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) contract examples, only the first one received will be accepted. However, the Government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this RFP.

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 instant acquisition.

b. Relevancy Statements (each relevancy statement is restricted to no more than one (1) page): For each of the three relevant contracts for which you send a Past Performance Questionnaire, provide with your proposal a relevancy statement which provides a clear explanation of the relevancy of each contract. These contracts 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) The receipt of empty car requests for military loading and the timely fulfillment of those requests for DFRIF or commercial cars.

2) Performance of the in-transit tracking of DFRIF cars, as well as all military loads and empty cars moving to be placed for military loading, to include actions to expedite cars delayed or misrouted.

3) The maintenance management of DFRIF cars, including assigning maintenance statuses based on periodic inspection, repair requirements, or problems reported by railroads, shippers, or Government inspectors;

sending cars requiring repair to Government car repair contractors; and maintaining a database of all repairs to each car, whether by railroads or contract shops.

4) The revenue management of DFRIF cars, including calculating mileage allowances due based on Car Location Messages, comparing calculated allowances due with mileage allowances reported by each railroad, resolving differences to the extent possible, and providing supporting documentation for Government action with respect to amounts which a railroad refuses to pay.

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 - Small Business Commitment

a. All Offerors shall provide a Commitment to Small Business Statement which will provide a narrative that describes the offeror’s intent and commitment to the use of small and small disadvantaged businesses in conducting the tasks under the contract. The statement shall not exceed five (5) pages and must address the following:

1) The dollar value and percentage of the total proposed subcontracted effort including the effort to LB, SB, SDB, WOSB, VOSB, SDVOSB, HUBZone firms, and HBCUs/MIs. Identify, in terms of dollar value AND percentage of total proposed price, the extent of work you will perform as the prime contractor.

Successful offeror’s goals will be incorporated into the PWS at time of award.

2) The type of services to be subcontracted.

b. For each contract referenced under Past Performance Volume 2, a copy of Subcontracting Report for Individual Contracts (for example the SF294/Electronic Subcontracting Reporting System (eSRS) Individual Subcontract Reports (ISR)) submitted under those contracts for the last three years. If targets were not met on referenced contracts, provide an explanation as to why. In addition, provide an explanation for any SF294/eSRS ISR not submitted for a contract referenced. Small business offerors may submit the total dollar value percentage of work (of total contract value) subcontracted to Large Business, HUBZone, Small Business, Small Disadvantaged Business, Woman-Owned Small Business, Veteran-Owned Small Business, and Small Disadvantaged Veteran- Owned Small Business firms for each contract referenced. If subcontracts were not awarded to all small business categories, provide an explanation as to why, for each category that did not receive subcontract work. If a contract(s) referenced under Past Performance Volume 2 did not include a SF294/eSRS ISR or subcontracts were not awarded to small business categories, along with an explanation, offerors may provide a SF294/eSRS ISR(s) or subcontract information for a relevant contract(s) not referenced in Past Performance Volume 2.

4. Volume IV - Price Proposal and Contract Documentation

Contract Documentation

a) Offerors shall complete the Contact Information Sheet (Attachment 2 to the RFP).

b) Offerors shall complete the SF 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. In addition include signed amendments to the RFP, if applicable.

c) Offers shall complete the Online Representations and Certifications Application (ORCA). The ORCA can be found at http://orca.bpn.gov or submit written representations and certifications IAQ FAR 52.212-3 (Offeror Representations and Certifications—Commercial Items (FEB 2012)).

d) 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).

e) In accordance with FAR 52.219-9, Small Business Subcontracting Plan, all large business offerors shall submit a subcontracting plan.

Price Proposal

a) Offerors shall complete the SF 1449 Schedule of Supplies and Services, blocks 19, 20, 21, 22, 23, and 24 and ensure that all monetary amounts are evenly divisible by the months within the associated Period of Performance.

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(1) TECHNICAL CAPABILITY

(2) PAST PERFORMANCE

(3) SMALL BUSINESS COMMITMENT

(4) COST/PRICE

5.1.1. Factor 1 – Technical Capability.

5.1.1.1. 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.

5.1.1.2. Measure of Merit. The measure of merit for this factor is met when the offeror meets the Government’s minimum requirements. 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.

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

5.1.2. Factor 2 – Past Performance.

5.1.2.1. 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.

5.1.2.2. 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.

5.1.2.3. 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.

5.1.2.4. 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 RFP.

5.1.3. Factor 3 – Small Business Commitment

5.1.3.1. The Government will evaluate each offeror on a GO/NO GO basis.

5.1.3.1.1. Offeror shall provide a Small Business Subcontracting Plan in accordance with FAR 19.704. The plan shall include positive goals including a comprehensive and detailed approach for attaining them.

5.1.3.1.2. Offeror shall provide evidence that established subcontracting goals for all small business categories were consistently met or exceeded under current or prior commercial or government contracts, or shall provide acceptable justification for not being able to consistently meet all goals.

5.1.4. Factor 4 – Cost/Price

5.1.4.1. Price/Cost will be evaluated but not rated.

5.1.4.2. The Government will conduct a price analysis to determine whether the proposed prices are fair and reasonable.

5.1.4.3. The Government will also conduct a price realism analysis 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 approach.

5.1.4.4. Options. The government may determine that an offer is unacceptable if the option rates are significantly unbalanced. Evaluation of options shall not obligate the government to exercise the option(s).

5.1.4.5. 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.

5.2. Order of Importance: This is a best value source selection in which competing offerors' past performance history will be evaluated on a basis significantly more important than cost or price considerations. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. All technically acceptable offers shall be treated equally except for their prices and performance records. Small Business Commitment will be rated on a go/no go basis and shall be treated equally except for their prices and performance records. Failure to meet a requirement may result in an offer being determined technically unacceptable.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEB 2012)

ALTERNATE I (APR 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code…

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