1._HTC711-17-R-CC10_fbo.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY 11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a.THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE: % FOR

SMALL BUSINESS

NAICS:

SIZE STANDARD:

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE 17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b.CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES

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.

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK

5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER 31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

ACCEPTED, AND CONFORMS TO THE

CONTRACT, EXCEPT AS NOTED

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

32b.SIGNATURE OF AUTHORIZED GOVT.

REPRESENTATIVE

32c. DATE

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

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC’D

(YY/MM/DD)

42d. TOTAL CONTAINERS

40. PAID BY

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

EMERGING SMALL BUSINESS

HUBZONE SMALL BUSINESS

OWNED SMALL BUSINESS

8(A)

SERVICE-DISABLED VETERAN-

SMALL DISAV. BUSINESS

X

X

F87700

X

HQ AMC/A3B

402 Scott Dr., Unit 3A1 Scott AFB, IL 62225-5302

USTRANSCOM/TCAQ-C

508 Scott Drive Scott AFB, IL 62225-5357

481112

See Schedule

HTC71117RCC10

02/Oct/2017 16:30

USTRANSCOM/TCAQ-CP

508 Scott Drive Scott AFB, IL 62225-5357

SEE CONTINUATION OF SF1449

SEE SCHEDULE

HTC711

Will be cited on Delivery Orders

HTC711

Amy M. Miller (618) 220-7070

ACCTG DISB STA NR 387700 DFAS DEAMS

27 ARKANSAS RD

LIMESTONE, ME 04751-6216

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Base Period Combi Charter Airlift Services Fixed Price w/EPA

PRODUCT SERVICE CODE: V221

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM: 481112

Base Period (BP) Jan 01, 2018 through Dec 31, 2021.

BP Year 1 POP: Jan. 01, 2018 through Dec. 31, 2018.

BP Year 2 POP: Jan. 01, 2019 through Dec. 31, 2019.

BP Year 3 POP: Jan. 01, 2020 through Dec. 31, 2020.

BP Year 4 POP: Jan. 01, 2021 through Dec. 31, 2021.

BP Year 1 Not-To-Exceed (NTE) per mile rate shall include ALL COSTS to perform Combi Charter Airlift Services in accordance with (IAW) the PWS.

See Attachment 2--Pricing Matrix, for BP Years 1 through 4 per mile NTE rate.

BP Years 2 through 4 NTE per mile rates will be IAW the Economic Price Adjustment (EPA) procedures outlined in RFP Attachment 2a.

Yearly Estimated Miles: 3,000,000

BP Fuel EPA Reimbursement Fixed Price w/EPA

PRODUCT SERVICE CODE: V221

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM: 481112

Fuel Reimbursement IAW PWS, Appendix 3, Section 2 POP: Jan. 01, 2018 through Dec. 31, 2021.

BP Other Reimburseables

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM: 481112

POP: Jan. 01, 2018 through Dec. 31, 2021

Costs incurred in the performance of this contract and determined to be reimbursable by the Contracting Officer.

Option Period 1, Combi Charter Airlift Services Fixed Price w/EPA

PRODUCT SERVICE CODE: V221

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM: 481112

Option Period (OP) 1, Jan. 01, 2022 through Dec. 31, 2025.

OP 1, Year 5 POP: Jan. 01, 2022 through Dec. 31, 2022.

OP 1, Year 6 POP: Jan. 01, 2023 through Dec. 31, 2023.

OP 1, Year 7 POP: Jan. 01, 2024 through Dec. 31. 2024.

OP 1, Year 8 POP: Jan. 01, 2025 through Dec. 31, 2025.

Yearly Estimated Miles: 3,000,000

See Attachment 2--Pricing Matrix for OP Years 5 through 8 NTE per mile rate.

Years 5 through 8 NTE per mile rates will be established IAW the EPA procedures outlined in RFP, Attachment 2a.

OP EPA Fuel Reimbursement Firm-Fixed Price (FFP)

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM: 481112

Fuel Reimbursement IAW PWS, Appendix 3, Section 2 POP Jan. 01, 2022 through Dec. 31, 2025.

OP Other Reimburseables Fixed Price w/EPA

PRODUCT SERVICE CODE: V221

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM: 481112

POP: Jan. 01, 2022 through Dec. 31, 2025.

Costs incurred in the performance of this contract and

Estimated 12,000,000

Estimated 12,000,000

HTC71117RCC10

Miles

Miles

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5()(5(1&(�12��2)�'2&80(17�%(,1*�&217,18(' 3$*(6

1$0(�2)�2))(525�25�&2175$&725

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161����������������� 237,21$/�)250�����������

6SRQVRUHG�E\�*6$�)$5�����&)5��������

determined to be reimbursable by the Contracting Officer.

HTC71117RCC10

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

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

MINIMUM MINIMUM MAXIMUM MAXIMUM

QUANTITY AMOUNT QUANTITY AMOUNT

$2,500.00 $845,000,000.00

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT

0001 Destination Government Destination Government

0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS

0001 POP 01-JAN-2018

TO 31-DEC-2021

N/A N/A

FOB

Destination

0002 POP 01-JAN-2018

TO 31-DEC-2021

0003 POP 01-JAN-2018

TO 31-DEC-2021

0004 POP 01-JAN-2018

TO 31-DEC-2021

1001 POP 01-JAN-2022

TO 31-DEC-2025

1002 POP 01-JAN-2022

TO 31-DEC-2025

1003 POP 01-JAN-2022

TO 31-DEC-2025

CONTRACT CLAUSES

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 of Subcontractor Sales to the Government Oct 1995 52.203-13 Contractor Code of Business Ethics Oct 2015 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Jan 2017 Agreements or Statements 52.204-10 Reporting Executive Compensation and First-Tier Oct 2016 Subcontract Awards 52.204-15 Service Contract Reporting Requirements for Oct 2016 Indefinite-Delivery Contracts 52.204-18 Commercial and Government Entity Code Maintenance Jul 2016 52.204-21 Basic Safeguarding of Covered Contractor Information Jun 2016 Systems 52.209-6 Protecting the Government Interest When Subcontracting Oct 2015 with Contractors Debarred, Suspended, or Proposed for Debarment 52.209-9 Updates of Publicly Available Information Regarding Jul 2013 Responsibility Matters 52.209-10 Prohibition on Contracting with Inverted Domestic Nov 2015 Corporations 52.212-1 Instructions to Offers-Commercial Items Jan 2017 52.212-4 Contract Terms and Conditions-Commercial Items Jan 2017 52.216-27 Single or Multiple Awards Oct 1995 52.219-16 Liquidated Damages - Subcontracting Plan Jan 1999 52.222-3 Convict Labor Jun 2003 52.222-17 Nondisplacement of Qualified Workers May 2014 52.222-21 Prohibition of Segregated Facilities Apr 2015 52.222-26 Equal Opportunity Sep 2016 52.222-35 Equal Opportunity for Veterans Oct 2015 52.222-36 Equal Opportunity for Workers with Disabilities Jul 2014 52.222-37 Employment Reports on Special Disabled Veterans, Feb-16 Veterans of the Vietnam Era, and Other Eligible Veterans 52.222-40 Notification of Employee Rights Under the National Labor Dec 2010 Relations Act 52.222-41 Service Contract Labor Standards May 2014 52.222-43 Fair Labor Standards Act and Service Contract May 2014 Labor Standards 52.222-50 Combating Trafficking in Persons Mar 2015 52.222-54 Employment Eligibility Verification Oct 2015 52.222-55 Minimum Wages Under Executive Order Dec 2015 52.222-56 Certification Regarding Trafficking in Persons Mar 2015 Compliance Plan 52.222-60 Paycheck Transparency Jan 2017

52.223-1 Biobased Product Certification May 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service Sep 2013 and Construction Contracts 52.223-17 Affirmative Procurement of EPA-Designated Items in Service May 2008 52.223-18 Contractor Policy to Ban Text Messaging While Driving Aug 2011 52.224-3 Privacy Training Jan 2017 52.228-3 Workers' Compensation (Defense Base Act) Jul 2014 52.232-18 Availability of Funds Apr 1984 52.232-40 Providing Accelerated Payments to Small Dec 2013 Business Subcontractors 52.233-3 Protest After Award Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 252.203-7000 Requirements Relating to Compensation of Sep 2011 Former DoD Officials 252.203-7003 Agency Office of the Inspector General Dec 2012 252.203-7005 Representation Relating to Compensation of Nov 2011 Former DoD Officials 252.204-7008 Compliance with Safeguarding Covered Defense Oct 2016 Information Controls 252.204-7012 Safeguarding Covered Defense Information Oct 2016 and Cyber Incident Reporting 252.204-7015 Disclosure of Information to Litigation Support Contractors May 2016 252.205-7000 Provision of Information to Cooperative Agreement Holders Dec 1991 252.215-7008 Only One Offer Oct 2013 252.219-7003 (Dev) Small Business Subcontracting Plan Aug 2016 (DOD Contracts)—Basic (Deviation 2016-O0009) 252.222-7007 Representation Regarding Combating Trafficking Feb 2015 in Persons 252.225-7050 Disclosure of Ownership or Control by the Government of Oct 2015 A Country that is a State Sponsor of Terrorism 252.225-7993 (Dev) Prohibition on Providing Funds to the Enemy Sep 2015 (Deviation 2015-O0016) 252.225-7994 (Dev) Additional Access to Contractor and Subcontractor Records Mar 2015 in the United States Central Command Theater of Operations (Deviation) 252.225-7995 (Dev) Contractor Personnel Performing in the United States Central Jan 2015 Command Area of Responsibility (Deviation) 252.226-7001 Utilization of Indian Organizations and Indian-Owned Sep 2004 Economic Enterprises, and Native Hawaiian Small Business Concerns 252.228-7003 Capture and Detention Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Jun 2012 Reports 252.232-7010 Levies on Contract Payments Dec 2006 252.243-7002 Requests for Equitable Adjustment Dec 2012 252.244-7000 Subcontracts for Commercial Items Jun 2013 5552.216-9003 USTRANSCOM TASK AND DELIVERY ORDER Aug 2016

OMBUDSMAN

5552.223-9001 Health and Safety on Government Installations Apr 2007 5552.247-9003 Requirement for Carriers to Participate in the Civil Reserve Aug 2015 Air Fleet (CRAF) and Maintain Good Standing

CLAUSES INCORPORATED BY FULL TEXT

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 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)

ADDENDUM TO FAR 52.212-1 -- Instructions to Offerors -- Commercial Items

1. Paragraph (b) of FAR 52.212-1 entitled “Submission of Offers” is removed and replaced with the following paragraph (b):

(b) Submission of Offers. Offerors shall submit signed and dated offers on or before 4:30 p.m. Central Time (CT), Oct. 02, 2017. Offers shall consist of a complete proposal to include the SF1449. The entire offer shall be submitted via AMRDEC’s Safe Access File Exchange (SAFE) https://safe.amrdec.army.mil/safe in accordance with paragraph (b) (2) below titled, “Proposal Preparation Instructions”.

(1) Any and all questions concerning this solicitation must be submitted via email to EACH of the following:

Mr. Mickey Muskopf, Contracting Officer, michael.w.muskopf.civ@mail.mil Ms. Amy Miller, Contract Specialist, amy.m.miller50.civ@mail.mil Ms. Lynda Lang, Contract Specialist, lynda.y.lang.civ@mail.mil

Written questions will be answered in writing and provided to all Offerors via FedBizOpps. Solicitation changes will be made via formal amendments. However, due to the time required to research questions and provide answers, questions received less than ten calendar days prior to the due date of offers specified in this solicitation may not be answered.

(A) Communications should be submitted in the following format:

Reference: Page , Paragraph Question:

(2) Proposal Preparation Instructions:

https://safe.amrdec.army.mil/safe

(A) Proposals shall be formatted utilizing 8 ½ by 11 inch paper with no less than one inch margins on all sides. Times New Roman 12 point font shall be used except for figures, tables, and diagrams where smaller font is acceptable as long as it is readable.

(B) Proposals shall include the following separated into three parts:

(i) Part I – Technical Capability

(ii) Part II – Price Proposal

(iii) Part III – Business Proposal

(C) Instructions for submitting Parts I through III are as follows:

(i) Part I – Technical Capability. Offerors shall submit the following:

a. Tail number, aircraft make & model for all proposed aircraft.

b. The Offeror’s CRAF contract number to confirm they are a current CRAF participant.

c. Current and binding lease agreement or ownership documentation for all proposed aircraft.

d. A statement that the Offeror and aircraft are currently Commercial Airlift Review Board (CARB) approved, OR documentation (ex. Flight Logs) to demonstrate the Offeror has at least 12 months of continuous service, generating revenue, for the aircraft proposed under this solicitation in accordance with 32 CFR 861.

e. Seat maps & floor maps with approved Supplemental Type Certificates (STCs) detailing the aircraft configuration for all proposed aircraft.

f. Offeror’s Federal Aviation Administration (FAA) Operations Specification D86.

(ii) Part II – Price Proposal. Offerors shall add their proposed Base Period, year 1 NTE, per mile rate to cell B1, of RFP Attachment 2 – Pricing Matrix. The forecasted Global Insight Index (GII) escalation factor will automatically populate for Base Period years two (2) through four (4).

(iii) Part III – Business Proposal. Offerors shall submit all documents requiring signature or completion by the Offeror. Each Offeror shall complete applicable fill-ins and signatures and submit the documents listed below. An authorized official of the firm shall sign the offer and all certifications requiring signature.

(a) Solicitation/Contract Form. Offerors shall complete blocks 17a, and 30 a, b, and c of the SF 1449. Signature by the Offeror on the SF 1449 constitutes an offer, which the Government may accept.

(b) Block 17b. If remittance address is different, such address must be registered in the

System for Award Management (SAM) database.

(c) Acknowledgement of Solicitation Amendments (if any).

(d) Company/Division Address, Identifying Codes, and Applicable Designations. Provide company/division’s street address, county and facility code; CAGE code; DUNS code; and size of business (large or small).

(e) Letter signed by the Offeror’s representative identifying individuals who are authorized to negotiate and sign documents on behalf of the Offeror.

(f) Representations and certifications may be submitted electronically in accordance with

FAR 52.212-3(b) OR included in Part III, Business Proposal.

(g) Fuel Purchase Agreement. If an Offeror desires to purchase fuel on credit from the

Defense Energy Support Center, a copy of the Fuel Purchase Agreement (Attachment 6) with accompanying Kerosene Tax Exemption Certificate (Attachment 6a) must be completed.

(h) Small Business Plans.

(i) Small Business Subcontracting Plan (applies to Large Businesses Only). Offerors shall submit a Small Business Subcontracting Plan in accordance with FAR 19.7, FAR 52.219-9 (Deviation 2016-O0009), DFARS 219.7, and DFARS 252.219-7003 (Deviation 2016-O0009) (See Attachment 8, Small Business Subcontracting Plan Template).

(ii) Small Business Participation Plan (applies to Small and Large Businesses). The

Offeror shall submit a Small Business Participation Plan which identifies the Offeror’s commitment to utilizing small business concerns (Small Business, Small Disadvantaged Business, Woman Owned Small Business, HUBZone Small Business, Veteran Owned Small Business and Service Disabled Veteran Owned Small Business) in the performance of this contract to the maximum extent possible.

2. Paragraph (c) of FAR 52.212-1 entitled “Period for acceptance of offers” is tailored to read: The Offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers.

3. Paragraph (e) of FAR 52.212-1 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.

4. Paragraph (g) of FAR 52.212-1 entitled “Contract award (not applicable to Invitation for Bids)” is tailored to read: The Government intends to evaluate offers and award contracts without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. The Government may reject any or all offers if such action is in the public interest, and may waive informalities and minor irregularities in offers received.

5. Paragraph (h) of FAR 52.212-1 entitled “Multiple awards” is tailored to read: The Government intends to award approximately three (3) IDIQ contracts as a result of this solicitation. These IDIQ awards will be made based on the evaluation criteria contained herein. Subsequent Task Order awards will be made pursuant to the fair opportunity ordering procedures set forth in FAR Part 16.505, Ordering.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision)

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

1. Paragraph (a) of FAR 52.212-1 entitled “The Government will award a contract resulting from this solicitation to the responsible…” is removed and replaced with the following paragraph (a):

(a) Evaluation will occur as follows:

(1) The Government intends to award approximately three (3) Fixed Price with EPA and

Incentives, IDIQ contracts and one Task Order resulting from this solicitation to the responsible Offerors whose offers conforming to the solicitation will be the most advantageous to the Government, price and other factors considered. The Government intends to award without discussions but may hold discussions if determined necessary by the Source Selection Authority. If necessary, a Competitive Range will be established for the purposes of holding discussions with the most highly rated Offerors. If the Contracting Officer determines the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit efficient competition among the most highly rated proposals. Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from a price and technical standpoint. With submission of a signed offer, the Offeror accedes to the terms and conditions included in the solicitation and agrees to perform all requirements included in the Combi PWS. Failure to meet a solicitation requirement may result in an offer being determined non-compliant and/or technically unacceptable and therefore, may result in the Offeror being eliminated from further consideration.

(2) Lowest Price Technically Acceptable (LPTA) competitive best value source selection procedures will be utilized in accordance with FAR part 12 and 15.101 and DoD Source Selection Procedures, dated Apr 01, 2016. Contracts will be awarded to Offerors whose proposals have been determined acceptable under the Technical Capability and Business Proposal evaluation factors, who have proposed fair and reasonable prices, and who have been determined responsible. A written notice of award or acceptance of an offer 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 specified expiration time of the offer, 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.

(3) To receive an IDIQ or Task Order award, the Offeror(s) must (1) be deemed responsible in accordance with (IAW) FAR Part 9, (2) conform to all required terms and conditions, and (3) represent a best value to the Government, price and other factors considered.

(4) The Government will first evaluate proposals for award of IDIQ contracts. Evaluations will begin with the lowest-priced technically acceptable Offeror and continue until the total number of awards deemed to be in the best interest of the Government has been determined. Successful Offerors providing DoD CARB approved aircraft will receive a contract upon notification of award. Successful Offerors not providing DoD CARB approved aircraft will receive a conditional contract award notification indicating a contract will be awarded when the Offeror’s proposed aircraft receives DoD CARB approval. Therefore, the Government anticipates award of IDIQ contracts could be staggered to allow for completion of the DoD CARB approval process.

(5) The following Factors shall be used to evaluate each offer:

Factor 1: Technical Capability Factor 2: Price Factor 3: Business Proposal

(b) The Factors will be evaluated in the following manner for the IDIQ:

(1) Factor 1: Technical Capability. The Offeror’s Technical Capability will be evaluated on an Acceptable or Unacceptable basis in accordance with the ratings identified below. Only those proposals rated Acceptable will be considered for award.

Adjectival Rating Description Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

(A) Technical Capability. To be rated Acceptable, the following shall be met:

1. The Offeror is a current CRAF participant.

2. The Offeror has provided proof of ownership or a current and binding lease agreement for each proposed aircraft.

3. The Offeror shall:

(i) propose CARB approved aircraft at the time of proposal submission, or

(ii) have at least 12 months of continuous service, generating revenue, for the aircraft proposed under this solicitation in accordance with 32 CFR 861 as determined by AMC/A3B.

4. All proposed aircraft shall be configured to simultaneously transport both passengers and cargo. Passenger seating shall be equivalent to commercial standard economy configuration. All aircraft shall be capable of accommodating 108" x 88" (standard military) 463L compatible pallets and shall be equipped with mechanized roller and rail systems that are fully compatible with 463L configured pallets and equipment.

5. All proposed aircraft shall be listed on the Offeror’s FAA Operations Specification D86 (Maintenance Program Authorization for Two-Engine Airplanes Used in Extended-Range Operation) and be authorized to conduct Extended-range Twin-engine Operational Performance Standards (ETOPS).

(2) Factor 2: Price. The Government will determine whether the proposed IDIQ price is fair and reasonable by conducting a price analysis using one or more of the techniques set forth in FAR 15.404- 1(b). The Government will evaluate the proposed IDIQ Not-to-Exceed (NTE) price for the services offered in the Base Period, Year 1. The Government will apply the Global Insight Index escalation as described in Attachment 2 of the solicitation to determine the NTE for Years 2-4 of the Base Period and Years 5-8 of Option Period One. For evaluation purposes, the price for the optional six month extension will be the NTE price in year 8.

(A) Adequate price competition is expected; therefore, other than certified cost or pricing data is not being requested initially. However, should the Contracting Officer make a determination during the evaluation process that adequate price competition does not exist, other than certified cost or pricing information may be requested for evaluation purposes along with comparing proposed prices to other commercial prices paid or historical data to assist in negotiations and/or the price reasonableness determination.

(3) Factor 3: Business Proposal. The Offeror’s Business Proposal will be evaluated on an

Acceptable or Unacceptable basis in accordance with the ratings identified below. Only those proposals rated Acceptable will be considered for award.

Adjectival Rating Description Acceptable Proposal meets the requirements of the solicitation Unacceptable Proposal does not meet the requirements of the solicitation

(A) Business Proposal. To be rated acceptable, the Offeror’s proposal must include all documents and information required to be submitted under the Proposal Preparation Instructions in the Addendum to FAR Clause 52.212-1. Additionally, the Offeror must be registered in the System for Award Management (www.sam.gov) prior to award but no later than the date the Contracting Officer is prepared to award the contract.

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

2017) 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 located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

http://www.sam.gov/portal

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

file://USTCVFS42/TCAQ/Government%20Only%20Access/TCAQ-C/Share%20Drive%20Clean%20Up/1.%20HTC711/P%2017-R-CC10%20Combi/I.%20Pre-Award/A.%20Sol%20Docs/7.%20Pre-Awrd%20Docs/h.%20Solicitation/www.dol.gov/fairpayandsafeworkplaces

(v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(vi) The Family and Medical Leave Act; and

(vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

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

(6) 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

(7) 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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

“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.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“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.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“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.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: “Administrative merits determination”, “Arbitral award or decision”, paragraph (2) of “Civil judgment”, “DOL Guidance”, “Enforcement agency”, “Labor compliance agreement”, “Labor laws”, and “Labor law decision”. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph 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 (u) 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.