HTC711-16-R-R029.pdf

SEE ADDENDUM

(No Collect Calls) HTC711-16-R-R029 07-Dec-2016

b. TELEPHONE NUMBER

618-220-7049

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 10 Jan 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

HTC711 9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

BRITA M. DORSEY

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR: SET ASIDE: UNRESTRICTED OR X

SMALL BUSINESS X

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USTRANSCOM-AQ - HTC711

508 SCOTT DR

SCOTT AFB IL 62225-5357

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE 15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS 11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFP X

CONTACT BUYER FAX:

TEL: CONTACT BUYER SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$38,500,000

NAICS:

488320

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICES ITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24. 22. 21. 19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

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

FINAL PARTIAL COMPLETE

36. PAYMENT 35. 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. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

HTC711-16-R-R029

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Lot Base Year S&RTS Busan, Korea

FFP

(PoP 1 May 17 thru 30 Apr 18) Billing shall be in accordance with (IAW) the

Schedule of Rates (Exhibit C) and the Performance Work Statement. All invoices shall be properly identified IAW with the Schedule of Rates for the service being billed. The dollar value associated with this CLIN is an estimate and in no way obligates the Government. All invoices submitted will include specific quantities ordered at the direct labor and commodity rates established.

FOB: Destination

SIGNAL CODE: A

MAX

NET AMT

PSC Code: V114

UNIT UNIT PRICE MAX AMOUNT

1001 1 Lot OPTION Option Year One S&RTS Busan, Korea

FFP

(PoP 1 May 18 thru 30 Apr 19) Billing shall be in accordance with (IAW) the

Schedule of Rates (Exhibit C) and the Performance Work Statement. All invoices shall be properly identified IAW with the Schedule of Rates for the service being billed. The dollar value associated with this CLIN is an estimate and in no way

UNIT UNIT PRICE MAX AMOUNT

2001 1 Lot OPTION Option Year Two S&RTS Busan, Korea

FFP

(PoP 1 May 19 thru 30 Apr 20) Billing shall be in accordance with (IAW) the

Schedule of Rates (Exhibit C) and the Performance Work Statement. All invoices shall be properly identified IAW with the Schedule of Rates for the service being billed. The dollar value associated with this CLIN is an estimate and in no way

UNIT UNIT PRICE MAX AMOUNT

3001 1 Lot OPTION Option Year Three S&RTS Busan, Korea

FFP

(PoP 1 May 20 thru 30 Apr 21) Billing shall be in accordance with (IAW) the

Schedule of Rates (Exhibit C) and the Performance Work Statement. All invoices shall be properly identified IAW with the Schedule of Rates for the service being billed. The dollar value associated with this CLIN is an estimate and in no way

UNIT UNIT PRICE MAX AMOUNT

4001 1 Lot OPTION Option Year Four S&RTS Busan, Korea

FFP

(PoP 1 May 21 thru 30 Apr 22) Billing shall be in accordance with (IAW) the

Schedule of Rates (Exhibit C) and the Performance Work Statement. All invoices shall be properly identified IAW with the Schedule of Rates for the service being billed. The dollar value associated with this CLIN is an estimate and in no way

UNIT UNIT PRICE MAX AMOUNT

5001 1 Lot OPTION 6-Month Extention S&RTS Busan, Korea

FFP

(PoP 1 May 22 thru 31 Oct 22) Billing shall be in accordance with (IAW) the

Schedule of Rates (Exhibit C) and the Performance Work Statement. All invoices shall be properly identified IAW with the Schedule of Rates for the service being billed. The dollar value associated with this CLIN is an estimate and in no way

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 01-MAY-2017 TO

30-APR-2018

N/A N/A

1001 POP 01-MAY-2018 TO

30-APR-2019

2001 POP 01-MAY-2019 TO

30-APR-2020

3001 POP 01-MAY-2020 TO

30-APR-2021

4001 POP 01-MAY-2021 TO

30-APR-2022

5001 POP 01-MAY-2022 TO

31-OCT-2022

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

1001 Destination Government Destination Government

2001 Destination Government Destination Government

3001 Destination Government Destination Government

4001 Destination Government Destination Government

5001 Destination Government Destination Government

MINIMUM GURANTEE

The minimum guarantee value for this Indefinite Delivery/Indefinite Quantity contract is established at $2,500.00

US Dollars for the entire contract. The minimum guarantee will be applied to the Base Year only and does not apply to the Option Years. The minimum guarantee is satisfied when the contractor has been offered sufficient stevedoring services totaling $2,500.00 US Dollars during the contract Base Year.

ATTACHMENTS

BUSAN, KOREA S&RTS

1. Performance Work Statement (PWS)

2. Schedule of Rates (Base and All Option Years)

3. Invoicing Instructions

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 OCT 2015

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2015

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015

52.222-50 Combating Trafficking in Persons MAR 2015

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) JUL 2014

52.232-18 Availability Of Funds APR 1984

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.245-1 Government Property APR 2012

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7003 Agency Office of the Inspector General DEC 2012

252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

DEC 2015

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.211-7007 Reporting of Government-Furnished Property AUG 2012

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

252.225-7981 (Dev) Additional Access to Contractor and Subcontractor Records

(Other than USCENTCOM) (DEVIATION 2015-O0016)

SEP 2015

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

SEP 2004

252.228-7003 Capture and Detention DEC 1991

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.247-7000 Hardship Conditions AUG 2000

252.247-7005 Indefinite Quantities - No Fixed Charges DEC 1991

252.247-7006 Removal of Contractor's Employees DEC 1991

252.247-7007 Liability and Insurance DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2016)

(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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 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.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

(xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

(xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xx) 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.

(End of Clause)

52.216-18 ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 May 2017 through 31 Oct 2022.

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

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

Schedule.

(End of clause)

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 $3,000,000.00;

(2) Any order for a combination of items in excess of $10,000,000.00; or

(3) A series of orders from the same ordering office within 7 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 7 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.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and

Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 Oct 2022.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the

Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the

Contractor within 30 calendar days prior to expiration of the existing contract.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 calendar days; 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 31

Oct 2022.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://farsite.hill.af.mil

252.203-7995

252.203-7995 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements.

Include the following clause in all solicitations and contracts, including solicitations and contracts for the acquisition of commercial items under FAR part 12, that will use funds made available by the Continuing Appropriations Act, 2017 (Pub. L. 114-223) or any other Act that extends to fiscal year 2017 funds the same prohibitions as contained in section 743, division E, title VII, of the Consolidated Appropriations Act, 2016 (Pub. L. 114-113). Section 103 of the

Continuing Appropriations Act, 2017 subjects the funding by that Act for FY 2017 to the same conditions set forth in section 743:

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS

(DEVIATION 2017-O0001)(NOV 2016)

http://farsite.hill.af.mil/

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a

Federal department or agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) Use of funds appropriated (or otherwise made available) by the Continuing

Appropriations Act, 2017 (Pub. L. 114-223), or any other Act that extends to fiscal year 2017 funds the same prohibitions as contained in section 743, division E, title VII, of the Consolidated

Appropriations Act, 2016 (Pub. L. 114-113) may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

252.203-7997 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS (DEVIATION 2016-O0003)(OCT 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form

312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act, 2016 (Pub.

L. 114-53) or any other FY 2016 appropriations act that extends to FY 2016 funds the same prohibitions as contained in sections 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (JUN 2015)

(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 Department of the Army: HQDA; telephone, DSN 222-98-32 or commercial (703) 692-9832.

252.225-7993 (Dev) Prohibition on Providing Funds to the Enemy (Deviation

2015-O0016)

SEP 2015

252.229-7001 TAX RELIEF (SEPT 2014)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: (Offeror Insert) RATE (PERCENTAGE): (Offeror Insert)

(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The

Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

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 (AUG 2016)

In accordance with FAR 16.505(b)(8), 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 and Policy Division

Email: transcom.scott.tcaq.mbx.ombudsman@mail.mil

Telephone Number: 618-220-7021 FAX: 618-220-6248

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.212-1 Instructions to Offerors--Commercial Items OCT 2015

ADDENDUM 52.212-1

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:

(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 electronic version of the proposal via electronic mail (email) with the

Request for Proposal (RFP) number and Offeror’s business name in the subject line, by the due date specified.

All documents provided by email shall be Adobe PDF files except Part II, pricing proposal, which shall be in

Microsoft Excel format with an .xlsx file extension.

2. Proposals shall be submitted via email using Times New Roman, 12 point font except for figures, tables, and diagrams where smaller is acceptable as long as it is legible. The maximum page limit for each part includes all text pages, tables, graphs, and other types of illustrative material. Cover Page or Table of Contents does not count against the page limits for the respective parts. Excess pages exceeding the maximum limits will not be read or considered in the evaluation.

3. Proposals shall be submitted in English. Any Contract Documentation written in a language other than English must be accompanied by an English translation of the document.

4. Proposals shall include the following parts:

A. Contract Documentation (1 of 3)

B. Part I – Technical Proposal (2 of 3)

C. Part II – Price Proposal (3 of 3)

Proposals shall be submitted in three separate emails, labelled 1 of 3 (Contract Documentation), 2 of 3

(Technical) and 3 of 3 (Price). The Technical proposal shall be separate from Pricing Proposal.

5. Instructions for submitting Contract Documentation, Parts I and II are as follows:

A. Contract Documentation

(1) This part shall consist of a cover page which contains (i) the company name and address as registered in the System for Award Management (SAM) database; (ii) DUNS code; (iii) CAGE code;

and (iv) and the solicitation number.

(2) The name, title, telephone number and email address of the company/division point of contact of the individual(s) authorized to make decisions with respect to your proposal and who can obligate your company contractually and any other individual authorized to negotiate with the Government on your behalf.

(3) Complete blocks 12 (must be completed even if no discount is offered), 17a, 30a, b and c of the

SF 1449, Solicitation. In doing so, the offeror accedes to the contract terms and conditions as written in the RFP, with attachments. Signature by the offeror on the SF 1449 constitutes an offer, which the Government may accept. Block 17b – if remittance address is different, such address must be registered in the System for Award Management (SAM) database.

(4) Complete blocks 8, 15A and 15B on each SF30, Amendment of Solicitation to acknowledge all solicitation amendments (if any).

(5) Representations and Certifications should be submitted online using SAM at https://www.sam.gov or may be submitted with contract documentation.

(6) Offerors shall submit written authorization from the Port Authority to perform at the location identified in the solication.

(7) Corporate Experience Information

A list of relevant contractual experience performing Stevedoring and Related Terminal Services in a similar or greater scope, magnitude and complexity as that required by this solicitation, completed during the past three (3) years. The list shall be limited to three (3) efforts or contracts and shall include:

a. Name and address of the contracting activity and point of contact;

b. Total contract value; and

c. Description of work performed, including experience performing Managerial, Planning, Safety and Security functions and Loading, Discharging, Receipt and Disposition of International

Maritime Dangerous Goods (IMDG) cargo.

https://www.sam.gov/

B. Part I – Technical Proposal. Technical Proposals shall be clear, concise, and include sufficient detail for effective evaluation against factors defined in the addendum to 52.212-2 of this solicitation. The proposal should not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the offeror intends to meet the requirements of the PWS. Statements that the offeror understands, can, or will comply with the PWS; statements paraphrasing the PWS or parts thereof;

and phrases such as “standard procedures will be employed’ or “well known techniques will be used,” etc., will be considered unacceptable. Offerors shall assume the Government has no prior knowledge of their experience, and the Government will base its evaluation solely on the information presented in the proposal. The technical proposal shall address the following subfactors:

(1) Technical Subfactor 1 – Stevedore Business License. Offeror proposal shall include documentary evidence of a valid and current business licensure. No substitution.

(2) Technical Subfactor 2 – Mission Capability. Offeror proposal shall describe its approach for achieving the objectives of PWS paragraphs 3.0. - Safety, 5.0. - Contractor General Requirements and

6.0. - Terminal Specific Requirements. Responses to this subfactor shall be limited to no more than 25 pages (Table of Contents will not be included in page count).

C. Part II – Price Proposal

(1) Schedule of Rates. The offeror shall input unit pricing rates for all cells highlighted in yellow within

Atch 2, Pricing Schedule. If offeror intends to offer a service at no charge or escalation, the offeror shall insert 0 in the applicable cell. There should be no blank cells on the pricing schedule. The

Excel (.xlsx) spreadsheet (pricing schedule) will auto-populate total prices for (i) the base period, (ii) each option period and the six month extension of services to establish the Total Evaluated Price

(TEP).

(2) All unit pricing rates shall be submitted in US Dollars ($).

NOTE: Contract award and payment shall be made in US Dollars ($).

(3) All prices submitted shall be entered to the nearest cent.

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 single 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.

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 via email to:

William Henderson, Contracting Officer at william.r.henderson12.civ@mail.mil and mailto:william.r.henderson12.civ@mail.mil

Brita Dorsey, Contract Specialist at brita.m.dorsey.civ@mail.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 an Amendment posting to

FedBizOpps. However, due to the time required to research a question and provide an answer, questions received less than 10 calendar days prior to the due date of offers specified in this solicitation may not be answered.

Solicitation changes resulting from any provided answers will be made via amendment and posted to FedBizOpps.

A preproposal teleconference is tentatively scheduled for 15 December 2016 at 4:00 p.m. Central Standard Time.

Participants must request teleconference information via email to Brita Dorsey, brita.m.dorsey.civ@mail.mil or

William Henderson, william.r.henderson12.civ@mail.mil, 14 December 2016 by 1:00 p.m. Central Standard

Time.

52.217-5 Evaluation Of Options JUL 1990

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.203-7994

252.203-7994 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements—Representation.

Include the following provision in all solicitations, including solicitations for the acquisition of commercial items under FAR part 12, that will use funds made available by the Continuing

Appropriations Act, 2017 (Pub. L. 114-223) or any other Act that extends to fiscal year 2017 funds the same prohibitions as contained in section 743, division E, title VII, of the Consolidated

Appropriations Act, 2016 (Pub. L. 114-113). Section 103 of the Continuing Appropriations Act, 2017 subjects the funding by that Act for FY 2017 to the same conditions set forth in section

743:

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION

2017-O0001)(NOV 2016)

(a) In accordance with Continuing Appropriations Act, 2017 (Pub. L. 114-223), or any other

Act that extends to fiscal year 2017 funds the same prohibitions as contained in section 743, division E, title VII, of the Consolidated Appropriations Act, 2016 (Pub. L. 114-113), none of the funds appropriated (or otherwise made available) by this or any other Act may be used for a contract with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or mailto:brita.m.dorsey.civ@mail.mil.

mailto:brita.m.dorsey.civ@mail.mil mailto:william.r.henderson12.civ@mail.mil abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

DEC 2015

252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015

252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

OCT 2015

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 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 proceedings 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).

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

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

1. Technical Approach (Acceptable/Unacceptable)

2. Price

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either https://www.acquisition.gov/ 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.

ADDENDUM 52.212-2

ADDENDUM TO 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014):

Paragraphs (d) and (e) are added to read as follows:

(d) Basis for contract award - This acquisition is being conducted under FAR Part’s 12, Acquisition of Commercial

Items, Subpart 12.6 and Part 15, Contracting by Negotiation of the Federal Acquisition Regulation (FAR). Offers will be evaluated using the factors identified in FAR 52.212-2, Evaluation – Commercial items and this addendum.

Noncompliance may be grounds to eliminate the proposal from consideration for contract award. Award will be made on the basis of Lowest Price Technically Acceptable Source Selection Process, IAW FAR 15.101-2. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions to

Offerors, and the Addendum to FAR 52.212-1, the offeror agrees to the terms of this solicitation.

Specifically, the evaluation process shall proceed as follows: First, the proposals will be ranked in price order from lowest to highest based on the Total Evaluated Price (TEP). The lowest ranked TEP offeror’s technical proposal will then be evaluated to receive a rating of Acceptable or Unacceptable. In order to be rated as Acceptable, the

Technical proposal must meet the Government's minimum requirements as stated in paragraph A, below. Proposals deemed Unacceptable are those that fail to meet the Government's minimum requirements.

If the lowest ranked TEP offeror’s technical proposal is rated acceptable, the Government will then evaluate that offeror’s pricing proposal to determine fair and reasonableness using one or more techniques set forth in FAR

15.404-1(b)(2). Additionally, IAW FAR 15.404-1(g), the Government will review the proposed prices to determine if unbalanced…