HTC711-13-R-R010_CMS_Solicitation.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)

$30M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

HTC711-13-R-R010 08-Jul-2013

b. TELEPHONE NUMBER

618-220-7087

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 08 Aug 2013

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 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 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

WILLIAM H. FUGATE

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

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

SEE SCHEDULE

532411

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:

2 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

HTC711-13-R-R010

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Program Management

FFP

Provide Program Management in accordance with the Performance Work Statement. Applicable rates are located in Attachment 2.

FOB: Destination

SIGNAL CODE: A

NET AMT

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0002 1 Lot Leasing Operations

FFP

Provide Intermodal Equipment Lease Services in accordance with the Performance Work Statement. Applicable rates are located in Attachment 2.

ESTIMATED

UNIT UNIT PRICE ESTIMATED AMOUNT

0003 1 Lot Transportation Services

FFP

Provide Transportation Services (Delivery & Redelivery) in accordance with the Performance Work Statement. Applicable rates are located in Attachment 2.

ITEM NO SUPPLIES/SERVICES EST .

UNIT UNIT PRICE AMOUNT

0004 Lot Repair and Other Miscellaneous Costs

COST

Provide repair of intermodal equipment in accordance with Performance Work Statement.

ESTIMATED COST

0005 1 Lot Transition "In"

FFP

Provide Contract Transition in accordance with the Performance Work Statement.

Applicable rates are located in Attachment 2.

1001 12 Months OPTION Program Management

FFP

Provide Program Management in accordance with the Performance Work Statement. Applicable rates are located in Attachment 2.

UNIT UNIT PRICE ESTIMATED AMOUNT

1002 1 Lot OPTION Leasing Operations

FFP

Provide Intermodal Equipment Lease Services in accordance with the Performance Work Statement. Applicable rates are located in Attachment 2.

UNIT UNIT PRICE ESTIMATED AMOUNT

1003 1 Lot OPTION Transportation Services

FFP

Provide Transportation Services (Delivery & Redelivery) in accordance with the Performance Work Statement. Applicable rates are located in Attachment 2.

UNIT UNIT PRICE AMOUNT

1004 Lot OPTION Repair and Other Miscellaneous Costs

COST

Provide repair of intermodal equipment in accordance with Performance Work Statement.

2001 12 Months OPTION Program Management

FFP

Provide Program Management in accordance with the Performance Work Statement. Applicable rates are located in Attachment 2.

UNIT UNIT PRICE ESTIMATED AMOUNT

2002 1 Lot OPTION Leasing Operations

FFP

Provide Intermodal Equipment Lease Services in accordance with the Performance Work Statement. Applicable rates are located in Attachment 2.

UNIT UNIT PRICE ESTIMATED AMOUNT

2003 1 Lot OPTION Transportation Services

FFP

Provide Transportation Services (Delivery & Redelivery) in accordance with the Performance Work Statement. Applicable rates are located in Attachment 2.

UNIT UNIT PRICE AMOUNT

2004 Lot OPTION Repair and Other Miscellaneous Costs

COST

Provide repair of intermodal equipment in accordance with Performance Work Statement.

3001 12 Months OPTION Program Management

FFP

Provide Program Management in accordance with the Performance Work Statement. Applicable rates are located in Attachment 2.

UNIT UNIT PRICE ESTIMATED AMOUNT

3002 1 Lot OPTION Leasing Operations

FFP

Provide Intermodal Equipment Lease Services in accordance with the Performance Work Statement. Applicable rates are located in Attachment 2.

UNIT UNIT PRICE ESTIMATED AMOUNT

3003 1 Lot OPTION Transportation Services

FFP

Provide Transportation Services (Delivery & Redelivery) in accordance with the Performance Work Statement. Applicable rates are located in Attachment 2.

UNIT UNIT PRICE AMOUNT

3004 Lot OPTION Repair and Other Miscellaneous Costs

COST

Provide repair of intermodal equipment in accordance with Performance Work Statement.

4001 12 Months OPTION Program Management

FFP

Provide Program Management in accordance with the Performance Work Statement. Applicable rates are located in Attachment 2.

UNIT UNIT PRICE ESTIMATED AMOUNT

4002 1 Lot OPTION Leasing Operations

FFP

Provide Intermodal Equipment Lease Services in accordance with the Performance Work Statement. Applicable rates are located in Attachment 2.

UNIT UNIT PRICE ESTIMATED AMOUNT

4003 1 Lot OPTION Transportation Services

FFP

Provide Transportation Services (Delivery & Redelivery) in accordance with the Performance Work Statement. Applicable rates are located in Attachment 2.

UNIT UNIT PRICE AMOUNT

4004 Lot OPTION Repair and Other Miscellaneous Costs

COST

Provide repair of intermodal equipment in accordance with Performance Work Statement.

4005 1 Lot OPTION Transition "Out"

FFP

Provide Contract Transition in accordance with the Performance Work Statement.

Applicable rates are located in Attachment 2.

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 0004 Destination Government Destination Government 0005 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 2001 Destination Government Destination Government

2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-OCT-2013 TO

30-SEP-2014

N/A N/A

0002 POP 01-OCT-2013 TO

30-SEP-2014

0003 POP 01-OCT-2013 TO

0004 POP 01-OCT-2013 TO

0005 POP 01-OCT-2013 TO

23-DEC-2013

1001 POP 01-OCT-2014 TO

30-SEP-2015

1002 POP 01-OCT-2014 TO

1003 POP 01-OCT-2014 TO

1004 POP 01-OCT-2014 TO

2001 POP 01-OCT-2015 TO

30-SEP-2016

2002 POP 01-OCT-2015 TO

2003 POP 01-OCT-2015 TO

2004 POP 01-OCT-2015 TO

3001 POP 01-OCT-2016 TO

30-SEP-2017

3002 POP 01-OCT-2016 TO

3003 POP 01-OCT-2016 TO

3004 POP 01-OCT-2016 TO

4001 POP 01-OCT-2017 TO

30-SEP-2018

4002 POP 01-OCT-2017 TO

4003 POP 01-OCT-2017 TO

4004 POP 01-OCT-2017 TO

4005 POP 01-JUL-2018 TO

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

AUG 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 2012

52.212-1 Instructions to Offerors--Commercial Items FEB 2012 52.212-2 Evaluation - Commercial Items JAN 1999 52.212-4 Contract Terms and Conditions--Commercial Items FEB 2012 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

JAN 2011

52.219-8 Utilization of Small Business Concerns JAN 2011 52.219-9 Alt II Small Business Subcontracting Plan (JAN 2011) Alternate II OCT 2001 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.219-28 Post-Award Small Business Program Rerepresentation APR 2012 52.222-3 Convict Labor JUN 2003 52.222-17 Nondisplacement of Qualified Workers JAN 2013 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

52.222-50 Combating Trafficking in Persons FEB 2009 52.222-54 Employment Eligibility Verification JUL 2012 52.223-16 IEEE 1680 Standard for the Environmental Assessment of

Personal Computer Products

DEC 2007

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.228-3 Worker's Compensation Insurance (Defense Base Act) APR 1984 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 52.237-3 Continuity Of Services JAN 1991 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 2012 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

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) AUG 2012 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.222-7004 Compliance With Spanish Social Security Laws and

Regulations

JUN 1997

252.223-7006 Prohibition On Storage And Disposal Of Toxic And Hazardous Materials

APR 2012

252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7021 Trade Agreements DEC 2012 252.225-7041 Correspondence in English JUN 1997 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

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items and Commercial

Components (DoD Contracts)

MAR 2013

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)

CLAUSES INCORPORATED BY REFERENCE

52.212-3 Alt I Offeror Representations and Certifications--Commercial

Items (DEC 2012) Alternate I

APR 2011

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2013) (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)(1) 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 Veterans (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (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 (JUL 2012).

(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.

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, 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 $2,000,000.00;

(2) Any order for a combination of items in excess of $5,000,000.00; or

(3) A series of orders from the same ordering office within 15 calender days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 calender days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-21 REQUIREMENTS (OCT 1995)

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

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

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

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

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

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

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 not later than 30 calendar days before contract dxpiration.

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 30 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 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 66 months (includes the 6 month extension).

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran- -Representation and Certifications. (DEC 2012)

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

Person--

(1) Means--

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703- 4, by submission of its offer, the offeror—

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and

(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if—

(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225- 24, or comparable agency provision); and

(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(End of provision)

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)

252.216-7006 ORDERING (MAY 2011)

(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 contract schedule. Such orders may be issued from 1 October 2013 through 31 March 2019 (includes 6 month extension).

(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)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

(End of Clause)

252.225-7020 TRADE AGREEMENTS CERTIFICATE (JAN 2005)

(a) Definitions. Designated country end product, nondesignated country end product, qualifying country end product, and U.S.-made end product have the meanings given in the Trade Agreements clause of this solicitation.

(b) Evaluation. The Government--

(1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) Will consider only offers of end products that are U.S.-made, qualifying country, or designated country end products unless--

(i) There are no offers of such end products;

(ii) The offers of such end products are insufficient to fulfill the Government's requirements; or

(iii) A national interest waiver has been granted.

(c) Certification and identification of country of origin.

(1) For all line items subject to the Trade Agreements clause of this solicitation, the offeror certifies that each end product to be delivered under this contract, except those listed in paragraph (c)(2) of this provision, is a U.S.-made, qualifying country, or designated country end product.

(2) The following supplies are other nondesignated country end products:

(Line Item Number) (Country of Origin)

(End of provision)

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (MAR 2006)

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

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

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

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

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

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

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

(1) A foreign government;

(2) A representative of a foreign government; or

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

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from the appropriate Antiterrorism Force Protection Office at the Command Headquarters. See https://atep.dtic.mil.

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

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

(2) Data other than certified 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 certified 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.

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

ECONOMIC PRICE ADJUSTMENT

ECONOMIC PRICE ADJUSTMENT FOR SCHEDULED SERVICES – MULTIMODAL (MMM YYYY)

In order to protect the contractor and government against significant market fluctuations, the unit prices shall be adjusted on 1 October of each Option Year beginning 1 October 2014. Allowable adjustments will be made upward or downward if the adjustment varies by more than 0%. The adjustment shall be based on the GII Pricing and Purchasing Industry Forecasting for North American Industrial Classification System (NAICS) codes as follows: 484121, General Freight Trucking, Long-Distance, Truckload (93%); 483111, Deep Sea Freight Transportation (7%).

In the event publication of any of the above indices is discontinued, the parties shall agree upon an appropriate substitute index.

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

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

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

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

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

Where:

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

IN-1 = Index for the current contract period: 4-quarter average of the GII calculated index for the current contract performance period

IN = Index for the adjustment period: 4-quarter average of the GII calculated index for the future contract period

EXAMPLE:

Contract performance start date is 1 October 2013. The first EPA will be effective on 1 October 2014.

Sample Calculated Index based upon 40% weighting for NAICS 484111 and 60% for NAICS 483111:

Q1 Q2 Q3 Q4

Year 12 243.11 249.42 249.31 249.89

Year 13 252.01 254.31 255.70 257.17

Year 14 259.48 260.37 262.55 264.65

Year 15 266.95 267.94 271.06 273.27

Note: The below figures are provided as an example only. The first example shows a sample increase from the first base year to the 2nd base year. The second example shows a sample increase from the 2nd base year to the 1st option year. This example assumes a base year beginning on 1 Oct 13 with a two-year period of performance and one one-year option period.

BASE YEAR ONE (1 Oct 2013 – 30 Sep 14) TO BASE YEAR TWO (1 Oct 14 – 30 Sep 15) Example P N= $2.34, where subscript “N” = FY14

Example I13 = Avg from Q2 2012 through Q1 2013 (249.42+249.31+249.89+252.01)/4 = 250.16 Example I14 = Avg from Q2 2013 through Q1 2014 (254.31+255.70+257.17+259.48)/4 = 256.67

Example Adjustment: P15 = [(256.67/250.16) x $2.34] = [1.0260 x $2.34] = $2.40

BASE YEAR TWO (1 Oct 14 – 30 Sep 15) TO 1st OPTION YEAR (1 Oct 15 – 30 Sep 16) Example P N = $2.40, where subscript “N” = FY15

Example I14 = Avg from Q2 2013 through Q1 2014 (254.31+255.70+257.17+259.48)/4 = 256.67

Example I15 = Avg from Q2 2014 through Q1 2015 (260.37+262.55+266.65+266.95)/4 = 264.13

Example Adjustment: P16 = [(264.13/256.67) x $2.40] = [1.0291 x $2.40] = $2.47

(e) In addition, carriers may waive an EPA increase that results in higher prices or any part thereof for the entire contract or identified CLIN(s). The adjustment percentage shall apply to all pricing within the identified CLIN(s).

Secondly, if the carrier elects to do so, they can offer the Government an additional downward price adjustment, effective at the time of the option exercise, in lieu of an increased EPA option year adjustment. A carrier may not waive a downward EPA adjustment.

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

PAYMENT INSTRUCTIONS

1.0 CONTRACTOR PAYMENT.

1.1 The contractor shall utilize the Wide Area Workflow (WAWF) system for billing and payment processing at all locations that are WAWF capable. Those locations that are not WAWF capable shall designate a method, as approved by the Procuring Contracting Officer, for billing and payment in each individual Task Order (TO).

Authorized agents of this contract shall designate method of payment and instructions in each individual TO. Those locations not able to use either WAWF or the Government-wide Commercial Purchase Card payment method shall designate a payment method and instructions in each individual TO, as approved by the Procuring Contracting Officer.

1.2 Wide Area Workflow (WAWF).

1.2.1 The contractor shall bill only in accordance with the prices stated in Attachment 2, Pricing, and only for services rendered. The contractor shall bill the Government using the WAWF system after equipment has been delivered and accepted.

1.2.2 Wide Area Workflow (WAWF) is a secure Web-based system for electronic invoicing, receipt and acceptance. WAWF creates a virtual folder to combine the three documents required to pay a Vendor - the Contract, the Invoice, and the Receiving Report. The WAWF application enables electronic form submission of Invoices, government inspection, and acceptance documents in order to support DOD’s goal of moving to a paperless acquisition process. It provides the technology for government contractors and authorized DOD personnel to generate, capture, and process receipt and payment-related documentation, via interactive Web-based applications.

You can obtain more information on WAWF by accessing the WAWF Website at https://wawf.eb.mil/.

1.2.3 The contractor shall not bill nor will the Government pay for the cost of transportation, per diem, etc. of equipment that is not delivered at the specified destination or compliant with the standards outlined in this PWS.

1.2.4 The method used by the contractor to pay its subcontractors is a matter within the discretion of the contractor.

1.3 Government-wide Commercial Purchase Card.

1.3.1 The contractor shall bill only in accordance with the prices stated in Attachment 2, Pricing, and only for services rendered. The contractor shall not invoice until after equipment has been delivered and accepted at the locations designated in each individual TO.

1.3.2 The contractor shall ensure that all of the appropriate information is contained on invoices submitted.

1.3.3 The contractor shall not bill nor will the Government pay for the cost of transportation, per diem, etc. of equipment that is not delivered at the specified destination or compliant with the standards outlined in this PWS.

1.3.4 Invoice Adjustment. The contract invoice will be adjusted in an amount equal to the deduction for consideration of non-delivered and non-compliant assets in accordance with paragraph 1.3.2 of the PWS. The adjustment will occur on the invoice immediately following the Contract Discrepancy Report and will be credited to the requestor who’s TO it applies.

1.4 Task Orders.

1.4.1 The TO shall specify either FOB destination delivery, where the contractor shall deliver equipment to the location stipulated by the Government, or FOB origin delivery, where the Government or its representative shall pick up equipment from the contractor’s depot.

1.4.2 For FOB destination deliveries, the contractor and requestor shall mutually agree to the RDD. When the quantity of assets ordered exceeds the consignee’s maximum daily receiving capability, an RDD window shall be established.

(1) A sample of the current Intermodal Equipment Request Checklist is provided at Section X, Attachment X-X.

1.4.3. Authorized agencies shall use the DLM as the principal means for conducting leasing operations. At a minimum, TOs shall contain the information listed below. Authorized agencies shall provide the order on a SF 1449. The contractor shall provide confirmation of the SF 1449.

(a) Contract Number

(b) TO Number

(c) Requirement Number

(d) Date of TO

(e) Contract Line Item Numbers and Subline Item Numbers with quantities and unit prices

(f) Destination(s)

(g) Date(s) of Delivery

(h) Completion Date (term of lease)

(i) Contract Price with Accounting and Appropriation Data

(j) Method of payment

(k) Contracting Officer Signature

1.4.4 The contractor shall begin performance immediately upon confirmation of a SF 1449 that is within the scope of the contract. The contractor shall provide for coordination, review, acceptance, assignment, control and status reporting of all TOs issued under this contract. The contractor shall notify the contracting point of contact at USTRANSCOM upon receipt of an order that is not within the scope of this contract prior to confirmation.

1.4.5 Authorized agencies capable of conducting leasing operations using the DLM shall initiate task order requests, term extension amendment requests, redelivery requests, redelivery and amendment requests, using the

DLM.

ADDENDA TO FAR 52.212-1 & 2

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

Paragraph (b) entitled “Submission of Offers” is deleted in its entirety and replaced with paragraph“ (b) Proposal Preparation Instructions” below.

Paragraph (c) entitled “Period of acceptance of offers” is tailored to read: The Government requires a minimum of 150 calendar days for acceptance of offers submitted in response to this solicitation.”

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

Paragraph (g) entitled “ Contract award (not applicable to Invitation for Bids).” Is tailored to read: “ The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. The Government may reject any or all offers if such action is in the public interest;

accept other than the lowest offer; and waive informalities and minor irregularities in offers received.”

Paragraph (h) entitled “Multiple awards” is tailored to read: “The Government intends to award one contract as a result of this solicitation. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.”

Formal communications, such as requests for clarification, questions and/or written information concerning this solicitation should be submitted in writing to:

USTRANSCOM/TCAQ-R

ATTN: Joe Pereyra / Will Fugate 508 Scott Drive Scott AFB IL 62225-5357 or joe.pereyra@ustranscom.mil and william.fugate@ustranscom.mil

The request should be in the following format:

Reference: Section ___, Page ____, Paragraph ____ Question: ____________________________________.

Written questions will be answered in writing and provided to all offerors via a posting to FedBizOpps. However, due to the time required to research a question and provide an answer, questions received less than 14 calendar days prior to the due date of offers specified in this solicitation may not be answered. Solicitation changes will be made via amendment and posted to FedBiz Ops.

(b) PROPOSAL PREPARATION INSTRUCTIONS General Information

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.

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.

1. Offerors are required to submit an original and two copies of the proposal, as well an electronic version of the proposal on a CD ROM, by the due date specified. Each hard copy proposal shall be bound in a three-ring loose leaf binder tabbed to separate each individual “Part” of the proposal identified below.