HTC71118RR003_Amend_0003_13Dec18.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to re-open the solicitation pursuant to corrective action. See Summary of Changes below and Notice of Change Amend 0003 letter posted to FBO w ith this amendment for more information.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 12

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 13-Dec-2018

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X HTC71118RR003

X 9B. DATED (SEE ITEM 11)

31-May-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

13-Dec-2018

CODE

USTRANSCOM-AQ - HTC711

508 SCOTT DR

SCOTT AFB IL 62225-5357

HTC711 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

HTC71118RR003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 12-Jul-2018 02:00 PM to 03-Jan-2019 11:00 AM.

The order period start date has changed from 09-Sep-2018 to 09-Mar-2019.

DELIVERIES AND PERFORMANCE

The following Delivery Schedule item for CLIN 0001 has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 09-SEP-2018 TO

08-SEP-2019

N/A N/A

FOB: Destination

To:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 09-MAR-2019 TO

08-MAR-2020

The following Delivery Schedule item for CLIN 1001 has been changed from:

CAGE

POP 09-SEP-2019 TO

08-SEP-2020

CAGE

POP 09-MAR-2020 TO

08-MAR-2021

The following Delivery Schedule item for CLIN 2001 has been changed from:

CAGE

POP 09-SEP-2020 TO

08-SEP-2021

CAGE

POP 09-MAR-2021 TO

08-MAR-2022

The following Delivery Schedule item for CLIN 3001 has been changed from:

CAGE

POP 09-SEP-2021 TO

08-SEP-2022

CAGE

POP 09-MAR-2022 TO

08-MAR-2023

The following Delivery Schedule item for CLIN 4001 has been changed from:

CAGE

POP 09-SEP-2022 TO

08-SEP-2023

CAGE

POP 09-MAR-2023 TO

08-MAR-2024

The following Delivery Schedule item for CLIN 5001 has been changed from:

CAGE

POP 09-SEP-2023 TO

08-MAR-2024

CAGE

POP 09-MAR-2024 TO

08-SEP-2024

The following have been added by reference:

52.204-10 52.209-7 52.209-9 52.212-3 52.212-4 52.212-5 52.225-5

The following have been modified:

ADDENDUM TO 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 email with the 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 the 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 or alternative fonts are acceptable provided they are clearly readable 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 do 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 (para. 5(A) below) written in a language other than English must be accompanied by an English translation of the document as provided by a third party translation company. Additionally, a signed letter on company letterhead should accompany the proposal to clarify any irregularities such as translation errors or similar in the third party translation; in order to enable the contracting officer to easily make a determination as to whether the documentation meets the requirements identified below.

4. Proposals 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 should be submitted in three separate emails, labelled 1 of 3 (Contract Documentation), 2 of 3 (Technical) and 3 of 3 (Price).

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

A. Contract Documentation (should be submitted in a single .pdf file)

This part shall consist of:

(1) 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) a reference to the solicitation number.

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

(3) SF 1449: Complete blocks 12 (should be completed even if no discount is offered), 17a and 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) SF 30(s): Complete blocks 8, 15A and 15B on each SF 30, Amendment of Solicitation to acknowledge all solicitation amendments (if any).

(5) IAW FAR 4.1102(a), Representations and Certifications shall be submitted online at SAM:

https://www.sam.gov. Failure to do so will result in your proposal being found non-compliant with the solicitation. The following provisions and/or clauses require your input and must be included in your SAM record:

• FAR 52.209-7, Information Regarding Responsibility Matters (Jul 2013)

• FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (Nov 2017) https://www.sam.gov/

• FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (Alternate I)(Oct 2014)

• DFARS 252.247-7022, Representation of Extent of Transportation by Sea (Aug 1992)

(6) Appropriate documentary evidence – Licensure, registration and certification that the offeror or its intended subcontractor(s) is capable of performing the required services at the specified location(s), including:

a. Proof of current Host Nation commercial registration for shipping, freight forwarding, import/export of cargo, cargo handling or equivalent services. The legal name (as translated if necessary) of the company listed on the commercial registration must exactly match your company’s SAM registration or the legal name of your proposed subcontractor, however you may submit a clarifying letter explaining any irregularities IAW para. b(3) above.

b. Proof of current certification of at least two (2) proposed personnel trained and tested in handling Hazardous Materials per the requirements of the Code of Federal Regulation (CFR) Title 49, Section 172.702 or Host Nation equivalent (e.g. International Maritime Dangerous Goods).

c. Proof of capability to perform customs clearance through a licensed customs broker or clearing agency, including a photocopy of at least one (1) proposed personnel’s actual customs broker license. This shall include a certification of any subcontracting or teaming agreements with the proposed clearing agency, as applicable.

(7) Licensure, registration or written authorization evincing the authorization of the offeror and any proposed subcontractors to operate at the two Kuwait Port Authority (KPA)-controlled ports, Shuwaikh and Shuaiba. Documentation proving the authorization of proposed subcontractors shall be provided only for those subcontractors who will operate at the KPA ports. Documentation evincing the prime contractor's authorization to operate at the two KPA-controlled ports must be provided regardless of whether its personnel will operate at these ports.

(8) Corporate Experience Information

Offerors shall include with their proposal a list of relevant contractual experience performing Stevedoring and Related Terminal Services (NAICS 488320) or comparable vessel services in a similar or greater scope, magnitude and complexity as that required by this solicitation, completed during the past seven (7) years. The list shall be limited to three (3) efforts or contracts and shall include:

a. Name 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 and any associated tracking or customs services.

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

statements paraphrasing the PWS or parts thereof; flowcharts simply listing activities related to performance of the PWS; and phrases such as “standard procedures will be employed’ or “well known techniques will be used,” etc., without a description of how the Government’s requirements will be met shall be considered unacceptable. Offerors shall assume the Government has no prior knowledge of their experience and the Government shall base its evaluation solely on the information presented in the technical proposal. Responses to this subfactor shall be limited to no more than 25 pages.

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, Schedule of Rates on the Schedule - Kuwait sheet only. Unit pricing input into the Schedule shall apply for the length of the contract (including all options), so any escalation must be built-in to the rates offered. If offeror intends to offer a service at no charge, zero (0) shall be inserted in the applicable cell. Failure to input a unit price in any highlighted cell shall be construed as the offeror’s intention to propose a price of zero (0). The Excel (.xlsx) spreadsheet will then auto-populate total prices for (i) the base period, (ii) each option period and the six month extension and (iii) base period plus four one-year option periods 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 180 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 individual 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. 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 proposals. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.”

Paragraph (h) entitled “Multiple awards” is tailored to read: “The Government intends to award one contract as a result of this solicitation. Offers may not be submitted for quantities differing from 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.”

Paragraph (i) entitled “Communications” is tailored to read: “Formal communications, such as requests for clarification, questions and/or written information concerning this solicitation shall be submitted via email to:

Thomas Fee, Contracting Officer at thomas.m.fee2.civ@mail.mil;

Ana Fife, Contract Specialist at ana.m.fife.civ@mail.mil; and Ken Smith, Contract Specialist at kenneth.a.smith439.civ@mail.mil

The request should be in the following format:

Reference: Document____; Section ____, Page ____, Paragraph ____, Line Item ____ Question: ____________________________________

(End of provision) mailto:thomas.m.fee2.civ@mail.mil mailto:ana.m.fife.civ@mail.mil mailto:kenneth.a.smith439.civ@mail.mil

ADDENDUM TO 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.

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, proposals will be evaluated for compliance with the Proposal Preparation Instructions in Addendum to FAR 52.212-1(b). Failure to comply with all Proposal Preparation Instructions will result in the proposal being found noncompliant with the solicitation. Noncompliance may be grounds to eliminate the proposal from further evaluation and consideration for contract award.

Included in the compliance evaluation shall be an examination of the documentation submitted pursuant to Addendum to 52.212-1(b)(5)(A)(7), evincing the offeror’s and any proposed subcontractor’s authorization to operate at the Kuwait Port Authority controlled ports. Examination of this documentation shall be on a pass/fail basis and the proposal may be removed from further consideration for contract award on a fail rating, subject to the Government’s right to conduct exchanges with offerors in accordance with FAR 15.306.

Following the compliance evaluation, proposals remaining in consideration for award will receive a randomized number. In order of ascending rank (lowest to highest), all Technical proposals will be evaluated and receive a rating of Acceptable or Unacceptable. In order to be rated as Acceptable, the Technical Proposal must provide sufficient detail identifying how the Offeror intends to meet the Government's minimum requirements as stated in paragraph (d)(1) below. Proposals deemed Unacceptable are those that fail to meet the Government's minimum requirements.

Following the technical evaluation, all technically acceptable offers shall be ranked in order of lowest to highest Total Evaluated Price (TEP). Beginning with the technically acceptable offer with the lowest TEP, the Government will then evaluate pricing as proposed in Attachment 2, Schedule of Rates Excel (.xlsx) spreadsheet 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 pricing exists. If proposed prices are unbalanced, this will be noted and the risk to the Government will be considered in making the source selection decision. IAW FAR 15.404-1(g)(3), if the lack of balance poses an unacceptable risk to the Government, the offer may be rejected and not considered further for award. If it is determined the technically acceptable offer with the lowest TEP has fair and reasonable prices and balanced pricing (or if unbalanced pricing exists that it does not pose an unacceptable risk), the Government will complete a responsibility determination IAW the criteria specified in FAR 9.104-1. Each offeror’s Corporate Experience Information will be considered in the Government’s responsibility determination IAW the standards specified in FAR 9.104-1. If found responsible, the evaluation process stops at this point as that offer represents the best value to the Government. Award shall be made to that offeror without further consideration of any other offers.

If the technically acceptable offer with the lowest ranked TEP is determined not to have fair and reasonable prices, unbalanced pricing poses an unacceptable risk to the Government or if the offeror is unable to be found responsible, the technically acceptable offer with the next lowest TEP will be evaluated in accordance with the paragraph above.

This process will continue for any technically acceptable offers in order of ascending TEP until an offer is judged to have an acceptable technical rating, fair and reasonable prices balanced pricing (of if unbalanced pricing exists that it does not pose an unacceptable risk) and the offeror is deemed responsible; or until all technically acceptable offers have been evaluated.

At any point during the source selection process, the Source Selection Authority (SSA) may determine it is in the Government's best interest to enter into discussions. If the SSA determines to enter into discussions, a competitive range will be established IAW FAR 15.306(c). The source selection team will complete the discussion process, request final proposal revisions, and document final evaluation results IAW DOD Source Selection procedures for those offerors determined to be within the competitive range. After the evaluation of the final proposal revisions, the SSA will make a selection of the best-value proposal consistent with the stated evaluation criteria unless it is in the Government’s best interest not to award a contract.

The following factors shall be used to evaluate offers:

1. Factor I: Technical. Each offeror’s Technical Proposal will be evaluated as Acceptable or Unacceptable as defined below.

RATING DESCRIPTION

Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

Technical Proposal. To be rated Acceptable, the offeror must provide a Technical Proposal which clearly describes how the offeror will achieve the objectives of Performance Work Statement as defined by the minimum requirements below. Specifically, the Government will evaluate the following minimum requirements in its rating of the Technical Proposal:

A. Offeror demonstrates knowledge of the types of equipment necessary to handle multiple classes of supply and the ability to access all such equipment as necessary to conduct operations within established timeframes.

B. Offeror demonstrates the ability to conduct operations in accordance with the applicable safety standards and regulations by describing details of its formal safety program.

C. Offeror demonstrates the capabilities to successfully conduct stevedoring & related terminal services without damage and in accordance with stow plans, to include:

• loading and discharging of cargo from vessels (LOLO, RORO & TOTO)

• receipt and disposition of cargo

• inland transportation of cargo to/from sea terminals & inland origination/destination

• container and yard management and staging

• cargo cleaning and rinsing services

• prevention of detention, demurrage and excess port storage charges

• handling loss and damage reporting in a timely manner in accordance with Transportation

Discrepancy Report procedures

D. Offeror demonstrates the capability to maintain accountability and tracking of all DTS cargo offered for shipment with minimal discrepancies.

E. Offeror demonstrates the capability to perform customs clearance and related services.

Offerors should limit their technical proposal to addressing the specific minimum requirements listed above.

Sections of the submitted technical proposal addressing elements of the PWS not listed above will not be considered in the overall rating. If any of the above factors are rated as Unacceptable, the entire Technical Proposal will be rated as Unacceptable.

2. Factor II: Price.

The Offeror shall complete and submit the Schedule of Rates, Attachment 2 as its price proposal. The price proposal shall be submitted as an attachment to an email and contain no hidden formulas or external links. The

Government utilizes the Schedule of Rates Excel (.xlsx) spreadsheet to capture pricing and to calculate the Total Evaluated Price (TEP) for evaluation and award purposes. The TEP is calculated using the rates proposed in all highlighted cells where proposed unit pricing is required, for the base and all option periods, to include a 6 month extension of services. The summation of the base, all option years, and the six month extension of services will constitute the TEP. Failure to input a unit price in any highlighted cell shall be construed as the offeror’s intention to propose a price of zero (0). However, Offeror may be considered ineligible for award if all required pricing is not complete.

In order to be considered for award, price must be determined fair and reasonable and balanced (or if unbalanced pricing exists that it does not pose an unacceptable risk to the Government). The data contained in the price proposal shall be utilized by the Government to analyze Offeror’s pricing using one or more techniques set forth in FAR 15.404-1(b)(2) and determining if unbalanced pricing exists IAW FAR 15.404-1(g). Upon contract award, this data will form the basis for any price adjustments pursuant to the Revision of Prices clause, DFARS 252.247-7002, and, as such, must provide the means of determining the application of any requested adjustments and calculating the revised unit prices.

(e) The Government reserves the right to award no contract at all depending on the quality of the proposals submitted and availability of funds for the requirement. The Government intends to evaluate proposals and award a single IDIQ contract without discussions. Therefore, the offerors are advised that their initial offer should contain the most favorable terms and reflect its best possible performance potential. The Government reserves the right to clarify aspects of the proposals and hold discussions, as allowable under FAR Part 15 procedures.

MINIMUM GUARANTEE

The minimum guarantee for any contract resulting from this solicitation is $2,500.00, for the base period only. A task order for the minimum guarantee will provided at contract award. This task order will be de-obligated once orders against the contract, made during the base period of performance, exceed the minimum guarantee.

SUMMARY OF ATTACHMENTS

Atch 1 S&RTS PWS Kuwait, dated 13Dec18 Atch 2 Schedule of Rates Kuwait, dated 02Nov18 Atch 3 Stevedoring Invoicing Instructions, dated 29Nov16 Atch 5 Yard Management Cargo Throughput (Sep17 – Mar18)

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 09 March 2019 through 08 March 2024.

(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 $1,000,000;

(2) Any order for a combination of items in excess of $100,000,000.00; or

(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

(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) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 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 66 months from date of award.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

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

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

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):

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

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

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

The following have been deleted:

52.209-7 52.212-3 52.245-1 52.245-9 252.245-7001 252.247-7004 252.247-7006 252.247-7007

(End of Summary of Changes) http://farsite.hill.af.mil/ https://www.acquisition.gov/?q=browsefar https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ http://farsite.hill.af.mil/ https://www.acquisition.gov/?q=browsefar https://www.acq.osd.mil/dpap/dars/dfarspgi/current/