Draft_VISA_Solicitation_-_SF1449_-_All_Attachments_(Clean).pdf

USTRANSCOM-AQ - HTC711

508 SCOTT DR

SCOTT AFB IL 62225-5357

CONTACT BUYER

CONTACT BUYER

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

HTC711-15-R-WV01 15-Jun-2015

b. TELEPHONE NUMBER

618-220-7060

8. OFFER DUE DATE/LOCAL TIME

05:00 PM 14 Aug 2015

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

MELINDA J. LEWIS

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

483111

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. AMOUNT23. 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

HTC711-15-R-WV01

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

VISA Contingency Services - Base

FP-EPA

VISA Contingency Services - Base

POP: 1 October 2015 - 30 September 2019

FOB: Destination

NET AMT

VISA Contingency Services - Opt. Pd. 1

VISA Contingency Services - Option Period 1

POP: 1 October 2019 - 30 September 2024

VISA Contingency Services - 6-Month Ext.

VISA Contingency Services - 6-Month Ext

POP: 1 October 2024 - 31 March 2025

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government –

Alternate I Oct 1995

SEP 2006

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010 52.204-2 Security Requirements AUG 1996 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUL 2013

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

AUG 2013

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

MAY 2012

52.211-11 Liquidated Damages – Supplies, Services, or Research and Development

SEP 2000

52.212-1 Instructions to Offerors—Commercial Items JUL 2013 52.212-4 Contract Terms and Conditions—Commercial Items DEC2014 52.216-27 Single or Multiple Awards OCT 1995 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity APR 2015 52.222-35 Equal Opportunity for Veterans JUL 2014 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans SEP 2010 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC2010

52.222-41 Service Contract Labor Standards MAY 2014 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 AUG 2013 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2014 52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

MAR 2015

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

AUG 2011

52.225-13 Restriction on Certain Foreign Purchases JUN 2008 52.225-26 Contractors Performing Private Security Functions Outside the United States

JUL 2013

52.228-3 Worker's Compensation Insurance (Defense Base Act) APR 1984 52.232-18 Availability Of Funds APR 1984 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.247-64 Alt II Preference for Privately Owned U.S. - Flag Commercial

Vessels (Apr 2003) - Alternate II

FEB 2006

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

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding of Unclassified Controlled Technical

Information

NOV 2013

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country That is a State Sponsor of Terrorism

DEC 2014

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997

252.222.7007 Representation Regarding Combating Trafficking in Persons JAN 2015 252.223-7002 Safety Precautions For Ammunition And Explosives MAY 1994 252.225-7039 Defense Contractors Performing Private Security Functions

Outside the United States

JAN 2015

252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism

DEC 2014

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 252.232-7011 Payments in Support of Emergencies and Contingency

Operations

MAY 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment

To The Cost Bearer

JUN 2013

252.247-7025 Reflagging or Repair Work JUN 2005 252.247-7027 Riding Gang Member Requirements OCT 2011

Addendum to 52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (APR 2014)

Paragraph (b)” Submission of Offers” is tailored to read:

A. In response to this solicitation, an existing VISA participant or new offeror may mail (Federal Express preferred), hand-deliver or email their written response including all representations and certifications to the address listed in Paragraph B of this section.

B. For existing VISA participants, the written/electronic response must be submitted to the addresses listed below no later than August 14, 2015. The offer must be marked Solicitation HTC711-15-R-WV01.

USTRANSCOM/TCAQ-I

Attention: VISA Contracting Officer 508 Scott Drive Scott AFB, IL 62225

C. The following points of contact and email addresses are provided for requests for clarification and/or communications concerning this solicitation. Responses to solicitation submitted by email and all inquiries should be submitted as identified below:

Subject: VISA Solicitation HTC711-15-R-WV01 To: nicholas.e.weiss.civ@mail.mil (Contracting Officer) melinda.j.lewis9.civ@mail.mil joegino.m.pereyra.civ@mail.mil

Request for clarification and/or information concerning the solicitation should be submitted in the following format:

Reference: Section____, Page____, Paragraph____, (or Figure____).

Question:________________________________________________________.

D. Company contacts, email addresses and phone numbers must be provided with solicitation responses.

E. Submission of Rates: All proposed rates must be submitted in accordance with the instructions specified in this solicitation via mail, hand carry, or e-mail to the addresses listed above in Sections B & C. As a minimum, all VISA participants must submit VISA Stage III pricing as identified in Attachment 2 for boxes 42a, 42b and 42c for each enrolled VISA vessel and identify the Rate Methodology Proposed (box 43).

F. Offerors shall submit all documents requiring signature or completion by the offeror. Each offeror shall complete applicable fill-ins and signatures and submit the original documents listed below. An authorized official of the firm shall sign the offer and all certifications requiring original signature.

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

2. Clauses 52.212-3, Offeror Representations and Certifications – Commercial Items

3. Revised or existing Attachment 1 – VISA Capacity Commitment

4. Updated Attachment 2 – VISA Carrier Vessel Information Sheet for ALL vessels

5. Completed Attachment 6 - DD Form 254

6. Information Assurance & Cyber Security Report. The offeror shall identify any specific NIST Special Publication 800-53, Security and Privacy Controls for Federal Information Systems and Organizations, standard identified in Attachment 8, that they do not intend to implement. Specifically, the offeror shall explain how the required security control identified in the table of Attachment 7 is not applicable, or how an alternative control or protective measure is used to achieve equivalent protections.

G. Communications with existing VISA participants and new offerors will be ongoing until a VISA contingency contract is established in accordance with the VISA program terms and conditions as defined in the Federal Register dated 29 October 2014 (Attachment 8).

(c)”Period for acceptance of offer” is tailored to read: The offeror agrees to hold the prices in its offer firm for 150 calendar days from the date specified for receipt of offers.

Paragraph (e) “Multiple offers” is tailored to read: Offerors shall not submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation.

Paragraph (h) “Multiple awards” is not applicable to this solicitation.

Paragraph (i) “Availability of requirements documents cited in the solicitation” is tailored as follows:

(1) Not Applicable

(2) Not Applicable

(3) Not applicable

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

New Paragraph (m) Contract Price Development. New Paragraph (m) is added as follows:

Paragraph (m) Contract Price Development.

1. General.

a. The contractor shall select one of the following Maritime Administration (MARAD)/Department of Transportation (DoT) and United States Transportation Command (USTRANSCOM) jointly approved rate methodologies, and submit applicable rates in accordance with (IAW) the terms and conditions of the selected methodology.

Methodology A -- Revenue Based Methodology Methodology B -- Peacetime Rate Based Methodology Methodology C -- Negotiated Contingency Rate Methodology

b. Rate Methodologies A and B instructions are published in Attachment 5.

c. Methodology C negotiation process.

(1). The contracting officer will conduct a price analysis for the purpose of determining whether the rates proposed are fair and reasonable. As part of the price analysis, the contracting officer will compare proposed liner rates with peacetime rates, commercial tariff rates, and rates submitted by other offerors. If necessary, the contracting officer may ask the contractor for additional information, but in no case will the contracting officer request certified cost and pricing data.

(2). The contracting officer may ask DCAA to conduct a field analysis of related market data.

(3). If the contracting officer finds the contractor's offer to be responsive and the rates to be fair and reasonable, the contracting officer will award the contract.

(4). If the contracting officer cannot find the offered rates to be fair and reasonable, after taking all authorized actions, the matter may be referred to a level above the contracting officer.

(5). If the contracting chain cannot find the offered rates to be fair and reasonable under

Methodology C, or another method, within the time allotted for award, no award will be made to the offeror.

2. Charter Pricing Instructions.

Charter hire for services under this Charter Party shall be payable at the applicable rates stipulated in theVISA Carrier Vessel Information Sheet (Attachment 2), Boxes 40-42 and shall be earned at the expiration of each fifteen (15) days of the charter period. Except as otherwise provided herein, said hire rates shall be considered payment in full for all services of the Vessel and Associated Equipment under this Charter including all overtime (including but not limited to crew overtime/penalty time required for the opening and closing of hatches), penalty time, bonuses, payments, and emoluments payable to Master, Officers, and crew for services under this Charter, irrespective of the geographic scope of said service and including the carriage of ammunition and hazardous cargoes. Said hire rates are exclusive of the costs of fuel and port charges, which are addressed at Part III(p) (Fuel) and III(n) (Port Charges and Expenses) of Attachment 3, respectively, and other stevedoring costs such as loading, securing and discharging cargo, which are addressed in Attachment 3 at II (g) (Loading and Discharging).

3. Liner Pricing Instructions.

a. The contractor shall submit rate offers, provide vessel information, and enter transit times as required in the Liner Pricing Schedule in Attachment 4 at Section III.

b. Contractors providing any regularly scheduled US flag peacetime liner service between Continental United States (CONUS) and Overseas Continental United States (OCONUS) ports shall offer unit rates and vessel daily rates. Contractors providing exclusive regularly scheduled US flag peacetime liner service to Alaska, Hawaii, Guam, Puerto Rico, US Virgin Islands, Guantanomo Bay Cuba, Azores, Iceland, Kwajalein or Ascension Island shall offer only vessel daily rates.

c. Unit rates include port-to-port ocean transportation, cargo handling, fuel, port call, and when applicable, equipment expenses. Vessel daily rates include vessel and crew. Unit and vessel daily rates also include applicable accessorial charges and cost responsibilities as provided for in the Description of Agency Need/Liner Terms and Conditions.

d. The contractor shall offer unit rates for each US flag string, and vessel daily rates for each US flag vessel.

e. Except as otherwise provided at 12. of Special Liner Terms and Conditions, all rates are for US flag. All rates are in US dollars.

f. Contractors offering break-bulkand roll on/roll off (RO/RO) service shall offer unit rates by direction. Contractors offering container service shall offer unit rates by direction, size and type of equipment.

g. The contractor shall offer separate Voluntary Intermodal Sealift Agreement (VISA) Stages I, II and III unit rates and/or vessel daily rates. VISA Stages I and II rates shall be calculated as follows.

(1) Determine the VISA Stage III unit rate and vessel daily rate IAW the selected Rate Methodology.

(2) Determine the VISA Stage I unit rate by multiplying the VISA Stage III unit rate by 140%. Determine the VISA Stage I vessel daily rate by multiplying the VISA Stage III vessel daily rate by 140%.

(3) Determine the VISA Stage II unit rate by multiplying the VISA Stage III unit rate by 115%. Determine the VISA Stage II vessel daily rate by multiplying the VISA Stage III vessel daily rate by 115%.

g. Default rate method. If a contractor selects Methodology A or B, and the head of the contracting agency determines the contractor’s accounting cannot support either method then the contractors shall negotiate all rates with the contracting activity pursuant to Method C. (See paragraph 1.c above regarding negotiation procedures).

Liner Accessorial Rates

a. Method A Contractors. The contractor may offer separate rates for container freight station (CFS) work (with a separate break out for stuffing, stripping/sorting/consolidating, and transloading), flat rack surcharge, modified atmosphere, controlled atmosphere, stop off and super cargo services; provided the expense for each item was deducted from adjusted gross revenues before unit and vessel daily rates were calculated. If the expense was deducted, the contractor shall offer the same rate as listed in its Universal Service Contract. For example, if the west coast CFS stuffing rate was $20 MT in its USC, the contractor shall offer a $20 MT rate for stuffing services at west coast terminals. The cost for all other accessorial charges is included in the unit and vessel daily rate. However, if the contractor did not deduct expenses from adjusted gross revenues, then the contractor shall not offer separate rates. The cost of all accessorial services is included in the unit and vessel per diem rate.

b. Method B Contractors. The contractor shall offer the same accessorial services and at the same rates as listed in its USC contract.

c. Method C Contractors. The contractor shall negotiate all accessorial services and rates specified in the Liner Pricing Schedule in Attachment 4 at Section III..

Liner Line Haul, Zone and Drayage Rates The government will set line haul, zone and drayage rates. No separate rate offers for these services will be accepted.

Liner Existing Throughput Capacity

At a minimum, the container contractor shall determine its existing throughput capacity for each of the following services, as applicable, and report the number in contract line item (CLIN) 7000. The shipping contractor shall determine its throughput capacity for cargo handling and port services and report the number in CLIN 7000. The contractor shall make a separate report for each string based on data from the business year upon which the rates are based.

a. Inland transportation services (drayage and/or line haul). Report the annualized average (per sailing) containers, regardless of size or type, per sailing, provided inland service. For example, if String A (twice per month sailing) provided inland transportation services for 52,000 containers, during the year, then the contractor shall report the number “2,000 containers per sailing”.

b. CFS services. Report the annualized average number per sailing of measurement tons (MTs) (or other applicable unit of issue) of cargo provided CFS service at each terminal. For example, if String A called Long Beach, CA and the terminal stuffed 26,000 MTs of cargo, during the year, then the contractor shall report the number “500 MTs per sailing”.

c. Cargo handling services. Report the annualized average number per sailing of containers/MT, regardless of size or type, per sailing, provided cargo handling services for both loading and discharging at each port. For example, if String A (a weekly sailing) called Long Beach and loaded 26,000 containers, during the year, and discharged 13,000 containers, during the year, then the contractor shall report the number “500 containers loaded and 250 containers discharged per sailing”.

d. Equipment: Report the annualized average mix per sailing of containers, per sailing, by size and type, loaded to the string. For example, if String A (a weekly sailing) loaded a total of 13,000 dry twenty foot equivalent units (TEUs), 26,000 dry forty foot equivalent units (FEUs), 13,000 FEU reefers, during the year, then the contractor shall report the number “250 dry TEUs, 500 dry FEUs, and 250 FEU reefers per sailing”.

e. Port Service: Report the average annualized number per sailing of containers/MT (regardless of size/type) provided port service (e.g., activities involving receiving, shipping, staging, documentation, etc.), per sailing, at each port. For example, if String A (a weekly sailing) called Long Beach, CA and provided port service for 26,000 outbound containers, during the year, and 26,000 inbound containers, during the year, then the contractor shall report the numbers “500 outbound and 500 inbound containers per sailing”.

Liner Sample - Existing Throughput Capacity

String 1 Service Unit Number Frequency

1. Inland Each Container 2,100 Per Sailing (regardless of size/type)

2. CFS Each MT of cargo (stuff, unstuff transload) per terminal

Long Beach 12,525 Per Sailing Oakland 10,988 Per Sailing Seattle/Tacoma 9,756 Per Sailing Yokohama, JA 12,886 Per Sailing Pusan, KO 10,863 Per Sailing Singapore 8,643 Per Sailing

3. Cargo Handling Each Container/MT per port (regardless of size/type) Load Discharge Frequency

Long Beach 1,183 986 Per Sailing Oakland 912 711 Per Sailing Seattle/Tacoma 877 598 Per Sailing Yokohama 835 637 Per Sailing Pusan 741 631 Per Sailing Singapore 1,388 923 Per Sailing

4. Equipment Unit Number Frequency Each Dry TEU Container 700 Per Sailing Each Dry FEU Container 1,250 Per Sailing Each Reefer TEU Container 150 Per Sailing Each Reefer FEU Container 750 Per Sailing

5. Port Service Each Container/MT per port (regardless of size/type) Outbound Inbound Frequency

Long Beach 894 993 Per Sailing Oakland 956 845 Per Sailing Seattle/Tacoma 811 678 Per Sailing Yokohama 880 696 Per Sailing Pusan 712 789 Per Sailing Singapore 1,267 1,193 Per Sailing

String 2

Service Unit Number Frequency

1. Inland Each Container 2,423 Per Sailing

(regardless of size/type)

2. CFS Each MT of cargo (stuff, unstuff, transload) per terminal

Long Beach 11,987 Per Sailing Oakland 11,804 Per Sailing Seattle/Tacoma 8,743 Per Sailing Yokohama, JA 9,867 Per Sailing Pusan, KO 11,923 Per Sailing Singapore 8,234 Per Sailing

3. Cargo Handling Each Container/MT per port

(regardless of size/type) Load Discharge Frequency

Long Beach 1,237 1,086 Per Sailing Oakland 874 764 Per Sailing Seattle/Tacoma 822 716 Per Sailing Yokohama 765 693 Per Sailing Pusan 849 812 Per Sailing Singapore 1,231 1,135 Per Sailing

4. Equipment Unit Number Frequency

Each Dry TEU Container 650 Per Sailing Each Dry FEU Container 1,145 Per Sailing Each Reefer TEU Container 199 Per Sailing Each Reefer FEU Container 770 Per Sailing

5. Port Service Each Container/MT per port (regardless of size/type) Outbound Inbound Frequency

Long Beach 793 847 Per Sailing Oakland 816 975 Per Sailing Seattle/Tacoma 941 716 Per Sailing Yokohama 827 715 Per Sailing Pusan 755 725 Per Sailing Singapore 1,129 1,286 Per Sailing

String 3 String 4 String 5

(End of Addendum to 52.212-1 rovision)

CLAUSES INCORPORATED BY FULL TEXT

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

(a) The Government will award a contract resulting from this solicitation to the responsible offerors who are participants in the Voluntary Intermodal Sealift Agreement (VISA, at 2014-25755 Federal Register Volume 79, Number 209 (October 29, 2014) for U.S. Flag vessels and who have agreed to comply with the VISA Capacity Enrollment Terms as identified in the Common Terms and Conditions.

(b) Award will be made to those responsible, responsive offerors whose prices are found by the Contracting Officer to be fair and reasonable as submitted IAW the approved Rate Methodology guidance. Price analysis will be performed in accordance with FAR 15.404-1.

(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)

52.209-7 – INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR

2015) ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.

395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

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)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“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 size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;

and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on

SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.]

Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126;

and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

____ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products: NOT APPLICABLE

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: NOT APPLICABLE

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products: NOT APPLICABLE

(iv) The…