1 - RFP - HTC711-18-R-CC01 _0004.pdf

HTC711-18-R-CC01

Amendment 0004

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

$250.00 $700,000,000.00

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS

N/A FOB

Destination

SPECIAL CONTRACT REQUIREMENTS

The Government reserves the right to accept proposals submitted for consideration of an IDIQ award after the submission deadline stated above if it is in the Government’s best interest to add new contractors to the original pool of IDIQ contract holders. Any existing IDIQ contract holder will not re-compete for an IDIQ contract. Proposals received after the original submission deadline will be

0001 POP 01-OCT-2018

TO 30-SEP-2023

N/A

0002 POP 01-OCT-2018

TO 30-SEP-2023

N/A

0003 POP 01-OCT-2018

TO 30-SEP-2023

N/A

0004 POP 01-OCT-2018

TO 30-SEP-2023

N/A evaluated using the evaluation methodology and documentation (updated to reflect changes in regulatory provisions, requirements and certifications) as stated in solicitation HTC711-18-R-CC01. Subsequent to adding a new awardee to the awardee pool, initial and new IDIQ awardees can compete for future task orders IAW the PWS. The ordering period for new awardees being added to the initial awardee pool will coincide with initial awardees’ ordering period and shall not reestablish the contract base period.

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 Systems Jun 2016 52.204-25 Prohibition on Contracting for Certain Telecommunications Aug 2020 and Video Surveillance Services or Equipment.

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 52.212-4 Contract Terms and Conditions-Commercial Items Jan 2017 52.212-5 Contract Terms and Conditions Required to Implement Jan 2017

Statuses or Executive Orders- Commercial 52.219-9 Small Business Subcontracting Plan (DEVIATION 2016-O0009) Jan 2017 52.219-16 Liquidated Damages - Subcontracting Plan Jan 1999 52.222-3 Convict Labor Jun 2003 52.222-17 Non-displacement 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 2016 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 52.222-62 Paid Sick Leave Under Executive Order 13706 Jan 2017 52.223-18 Contractor Policy to Ban Text Messaging While Driving Aug 2011 52.224-3 Privacy Training Jan 2017 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 52.242-5 Payments to Small Business Subcontractors Jan 2017 252.201-7000 Contracting Officer's Representative Dec 1991 252.203-7000 Requirements Relating to Compensation of Sep 2011 Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights Sep 2013 252.203-7003 Agency Office of the Inspector General Dec 2012 252.204-7020 NIST SP 800-171 DoD Assessment Requirements Mar 2022 252.205-7000 Provision of Information to Cooperative Agreement Holders Dec 1991 252.216-7010 Post Award Debriefings for Task Orders and Delivery Orders Mar 2022 252.219-7003 (DEV) Small Business Subcontracting Plan (DOD Contracts) Aug 2016

Basic (DEVIATION 2016-O0009) 252.226-7001 Utilization of Indian Organizations and Indian-Owned Sep 2004 Economic Enterprises, and Native Hawaiian Small Business Concerns 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 252.245-7002 Reporting Loss of Government Property Jan 2021 252.251-7000 Ordering from Government Supply Sources Aug 2012 5552.247-9000 Air Safety Apr 2007 5552.247-9001 Requirement for Authorization to Engage in Air Transportation Aug 2007 5552.247-9002 Contractor's Failure to Provide Service Aug 2015 5552.247-9002 Alt III Contractor's Failure to Provide Service (Alternate III) Aug 2015 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

FAR 52.204–27 Prohibition on a ByteDance Covered Application.

Prohibition on a ByteDance Covered Application (June 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117– 328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M–23–13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees;

however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M–23–13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

FAR 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 addresses:

1. FAR Site: http://farsite.hill.af.mil/

2. GSA FAR Website: https://www.acquisition.gov/?q=browsefar

3. DPAP DFARS Website: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

(End of Clause)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019)

(JAN 2017)

(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) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

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

(x) 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.

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

(xii) ____ (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).

(xiii) 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.)

(xiv) 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)

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

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

13658).

(xvii) 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).

Note to paragraph (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph 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.

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

(xix) 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).

(xx) 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.

(xxi) 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 01 Oct 2018 through 30 Sep 2023 and 01 Oct 2023 through 31 March 2024 if the services are extended by FAR 52.217-8.

(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.

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 $1.00, 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 $500,000.00;

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

(3) A series of orders from the same ordering office within one day that together call for quantities exceeding the limitation in subparagraph (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 one day 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 beyond 180 calendar days after the contract expiration date.

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 the expiration of the existing contract.

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage -- Fringe Benefits General Schedule: First Pilot GS-11 Step 1/$29.04 per hour General Schedule: Co-Pilot GS-10 Step 1/$26.44 per hour General Schedule: Flight Dispatcher GS-07 Step 1/$19.62 per hour General Schedule: Second Officer/Flight Engineer GS-09 Step 1/$24.00 per hour

The fringe benefit factor for all classifications is 36.25% of the wage rate.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF.

Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Combo

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Not Applicable

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC Issue by DoDAAC Admin DoDAAC Inspect by DoDAAC N/A Ship To Code Ship From Code Contractor’s Cage Code Mark For Code N/A Service Approver (DoDAAC) HTC711 Service Acceptor (DoDAAC) HTC711 Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Not applicable.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

TCAQ Airlift Operations Branch

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

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

LIST OF CONTRACT ATTACHMENTS

Attachment No. Title

1 Performance Work Statement for Domestic Charter Airlift Services

Appendix 5 Cyber Security NIST SP 800-171 Template

2 Fuel Purchase Agreement Template

2a Kerosene Waiver

3 Wage Determination; W/D No. 1993-0200, Rev 40 mailto:transcom.scott.tcaq.mbx.ombudsman@mail.mil

4 Small Business Subcontracting Plan Template

PROVISIONS INCORPORATED BY REFERENCE

52.204-24 Representation Regarding Certain Telecommunications Aug 2020 and Video Surveillance Services or Equipment.

52.209-7 Information Regarding Responsibility Matters Jul 2013 52.212-3 Offeror Representations and Certifications—Commercial Items Jan 2017

ALTERNATE I (OCT 2014)

52.216-27 Single or Multiple Awards Oct 1995 52.222-56 Certification Regarding Trafficking in Persons Mar 2015 Compliance Plan 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 252.222-7007 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

PROVISIONS INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERS-COMMERCIAL ITEMS JAN 2017

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 3:00 p.m. Central Time (CT), June 19, 2018. 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:

Scott Rader, Branch Chief/Contracting Officer, USTRANSCOM/TCAQ-CE, scott.e.rader.civ@mail.mil Nashae Perez, Contract Specialist, USTRANSCOM/TCAQ-CE, nashae.j.perez.civ@mail.mil https://safe.amrdec.army.mil/safe

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:

(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) IDIQ Proposals shall include the following separated into two parts (Pricing is not being requested at the

IDIQ level. In accordance with Class Deviation 2018-O0006, the contracting officer will consider price as one of the factors in the selection decision for each task or delivery order under the multiple-award contract, in accordance with FAR 16.505(B)(1)(ii)(E)):

(1) Technical Capability

(2) Business Proposal

a. Subfactor 1 – Proposal Compliance

b. Subfactor 2 – Small Business Subcontracting Plan

(C) Instructions for submitting IDIQ Parts I and II are as follows:

Part I – Technical Capability. Each Offeror’s Technical Proposal shall include evidence of the following:

(a) Statement that the Offeror and aircraft are currently Commercial Airlift Review

Board (CARB) approved.

(b) Offeror’s Federal Aviation Administration (FAA) Operations Part 121 Certificate.

Part II – Business Proposal.

Subfactor 1 – Proposal Compliance: Offerors shall submit all documents requiring signature or completion by the offeror. Each offeror shall complete applicable fill-ins and signatures and submit the original documents listed below. An authorized official of the firm shall sign the offer and all certifications requiring original signature.

(a) Cover letter. The Offeror’s proposal shall include a cover letter which identifies the name, title, e-mail address, and telephone number of person(s) authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation.

Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(b) 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.

(c) Online Representations and Certifications. Offerors are required to register in the System for Award Management (SAM) database (https://www.sam.gov) and complete electronic representations and certifications in the SAM. The Government will reference the date of SAM verification and include a copy of the electronically submitted representations and certifications in the contract file. The offeror shall complete provision at FAR 52.212-3 paragraph (b)(2) as necessary to reflect any updates or changes.

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

(e) 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).

(f) Fuel Purchase Agreement. If an Offeror desires to purchase fuel on credit from DLA Energy, a copy of the Fuel Purchase Agreement (Attachment 2) with accompanying Kerosene Tax Exemption Certificate (Attachment 2a) must be completed.

Subfactor 2 – Small Business Subcontracting Plan (Applies to Large Business Concerns Only). To be assessed as an acceptable subcontracting plan, the Offeror’s proposed Small Business Subcontracting Plan must meet all of the requirements in FAR Part 19.7, FAR Clause 52.219-9 (Deviation 2018-O0013), DFARS 219.7, and DFARS Clause 252.219-7003 (Deviation 2018-O0007). See Attachment 4 Small Business Subcontracting Plan template to use as a sample for developing your Small Business Subcontracting Plan.

The information contained in the proposed Small Business Subcontracting Plan must appear to be realistic and demonstrate “good faith” effort to ensure the subcontracted dollars and the types of service to be subcontracted will go to small business concerns. The Small Business Subcontracting Plan will be assessed on an acceptable or unacceptable basis compliant to the above sited regulations and clauses. The Small Business Subcontracting Plan shall be incorporated into and made a material part of the contract.

The following matrix contains suggested subcontracting target goals only and are provided to assist the Offerors in the development of Small Business subcontracting goals for this acquisition.

Offerors are encouraged to propose percentage goals greater than what are suggested.

CATEGORY TARGET GOAL

Small Business 30% Small Disadvantaged Business 5% Women-Owned Small Business 5% Veteran-Owned Small Business 3% Service Disabled Veteran Owned Small Business 3% HUBZone Certified Small Business 3%

2. 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.

3. 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. 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, and may waive informalities and minor irregularities in offers received.

4. Paragraph (h) of FAR 52.212-1 entitled “Multiple awards” is tailored to read: The Government intends to award multiple IDIQ contracts as a result of this solicitation. These IDIQ awards will be made based on the evaluation criteria contained herein.

(End of Provision)

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

(a) The Government intends to make an award to each and all qualifying offerors resulting from this solicitation. A qualifying offeror is an offeror that is determined to be a responsible source, submits a technically acceptable proposal that conforms to the requirements of the solicitation, and the contracting officer has no reason to believe would be likely to offer other than fair and reasonable pricing. With submission of a signed proposal, the offeror accedes to the terms and conditions included in the solicitation and agrees to comply in all material respects with the requirements of law and regulation to perform all requirements included in the PWS. Failure to meet a solicitation requirement may result in a proposal being determined non-compliant and/or technically unacceptable and, therefore, may result in the offeror being eliminated from further consideration.

(b) IDIQ evaluation will occur as follows:

(i) All subfactors will be rated as Acceptable/Unacceptable as defined below. Any subfactor rated as Unacceptable will result in an overall factor-level rating of Unacceptable. Any factor rated as Unacceptable will render the entire proposal Unacceptable and ineligible for award.

RATING DEFINITIONS

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

Unacceptable Proposal does not meet the requirements of the solicitation.

(ii) The following factors shall be used to evaluate proposals:

(1) Technical Capability

(2) Business Proposal

a. Subfactor 1 – Proposal Compliance

b. Subfactor 2 – Small Business Subcontracting Plan

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

(i) Factor 1: Technical Capability. To be rated Acceptable, the following shall be met:

a. Offeror is a Department of Defense (DoD)/Commercial Air Review Board

(CARB) approved air carrier—and not in a suspended or non-use status. The offeror’s DoD approval must be for service that is equivalent to the service(s) for which the Offeror is submitting a proposal.

b. Offeror has a current FAA Part 121 certificate.

(ii) Factor 2: Business Proposal.

(1) Subfactor 1: Proposal Compliance. To be rated acceptable, the offeror must have submitted all information required in FAR 52.212-1, Part II.

(2) Subfactor 2: Small Business Subcontracting Plan To be assessed as an acceptable Small Business Subcontracting Plan, the Large Business concern offeror must comply with the requirements stated in Federal Acquisition Regulation 19.7, Clause 52.219.7,(Deviation 2018-O0013), Defense Federal Acquisition Regulation Supplement 219.7, and DFARS Clause 252.219-7003 (Deviation 2018-O0007).

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

(End of Provision)