HTC711-19-R-R004,_GHC_Amend_03_SF30.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 incorporate the follow ing revisions:

1. Revised FAR 52.212-1, Volume I - Business Proposal and Volume II - Technical Proposal;

2. Revised FAR 52.212-5 to mark FAR 52.219-4 and FAR 52.247-64;

3. Incorporated FAR 52.219-4 and FAR 52.247-64 by reference;

4. Removed DFARS 252.239-7018;

5. Revised Attachment 1 - Performance Work Statement, paragraph 1.2.6.4.1;

6. Revised Attachment 2 - Pricing Rate Table, tab 1a) Directions;

7. Revised Attachment 8 - Small Business Subcontracting Plan, pages 2-9; and

8. Revised List of Attachments.

Changes are indicated in strikethrough and blue font

1. CONTRACT ID CODE PAGE OF PAGES

J 1 1 5

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

16C. DATE SIGNED

BY 30-Oct-2019

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 HTC71119RR004

X 9B. DATED (SEE ITEM 11)

13-Sep-2019

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 is extended, X 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 1 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

30-Oct-2019

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:

HTC71119RR004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by reference:

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns OCT 2014 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels FEB 2006

The following have been modified:

ADDENDUM TO FAR 52.212-1

ADDENDUM TO FAR 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

FAR 52.212-1 Paragraph (a) is tailored to read as follows:

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449).

FAR 52.212-1 Paragraph (b) is tailored to read as follows:

(b) Offerors shall submit proposals via DoD Secure Access File Exchange (SAFE) https://safe.apps.mil/.

Offerors shall request a “Drop-off Request Code” NLT 12:00 PM CST, 8 November 2019, by emailing Andrew McClain at andrew.s.mcclain2.civ@mail.mil and Paige Brown at paige.e.brown20.civ@mail.mil. An email from DoD SAFE will be sent with a request code authorizing offerors to Drop-Off documents. Hard copy, facsimile, or emailed proposals WILL NOT be accepted.

(1) through (11) remain unchanged.

(12) The Government requires support to provide the services identified in the Performance Work Statement (PWS) attached to this solicitation. Offerors are to provide a proposal in accordance with the instructions herein.

General Information.

(A) Proposals shall be clear, concise, and include sufficient detail for effective evaluation and to substantiate the stated information. Proposals shall not rephrase or restate the Government’s requirements, but shall provide convincing rationale to address how the Offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their company or experience and will use this information to evaluate the offer.

(B) Offerors shall submit their proposals in four (4) separate volumes as identified below:

Volume I: Business Proposal Volume II: Technical Capability Proposal Volume III: Past Performance Proposal Volume IV: Price Proposal

(C) Each volume shall include a cover page including Offeror name, title of the proposal, volume number, and solicitation number. Provide a table of contents with sufficient detail to easily allow the location of important elements.

(D) Page Limitations. Proposals shall be submitted on 8 ½ by 11 inch paper with no less than one inch margins on all sides. The page limits are inclusive of any charts, diagrams, and/or other graphics. The cover page and table of contents are excluded from the page limitation. Additionally, any table of exhibits, glossary, or cross reference compliance matrix utilized will be excluded from the page limitation. All pages shall be numbered. The font shall be Times New Roman and no smaller than 12 point except for headers, footers, figures, tables, and diagrams, where smaller point Times New Roman font is acceptable as long as it is readable.

Volume I: No page limitation.

Volume II: Limited to 100 pages.

Volume III: Limited to 20 pages. Page limit does not include the questionnaire or consent letters.

Volume IV: No page limitation.

(E) Proposal Preparation Costs. This solicitation does not commit the Government to pay any costs incurred in the preparation and submission of the Offeror’s proposal or in making any necessary studies for the preparation thereof, or for any visit the Contracting Officer may request for the purpose of clarification of the proposal or for preparation of negotiations. By the submission of its offer, the Offeror assumes all associated costs.

Volume I – Business Proposal. The Business Proposal shall include all documents/information required by the solicitation but is not part of the Technical Capability, Past Performance or Price Proposal Volumes. This includes all documents requiring signature or completion by the Offeror. The Business Proposal shall comply with the instructions below. Offerors shall identify the individuals authorized to negotiate with the Government and obligate their company contractually. Only an authorized official of the firm shall sign the required documents.

(A) The offer shall be submitted on the SF 1449, Solicitation/Contract/Order for Commercial Items. Offerors shall complete blocks 12, 17a, and 30 a, b, and c of the SF 1449. The Offeror shall be registered in the System for Award Management (SAM) database prior to the proposal due date. Offeror shall remain registered during performance and through final payment of any contract resulting from this solicitation. Offerors shall ensure the information in Block 17a is consistent with the company information in SAM. Complete Block 17b, if applicable.

In addition, offeror shall complete FAR Clause 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019), FAR Clause 52.209-7 Information Regarding Responsibility Matters (Oct 2018), FAR Clause 52.212-3 Offeror Representations and Certifications - Commercial Items (Oct 2018) and Alternate I (Oct 2014), FAR Clause 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Mar 2015), and DFARS Clause 252.239-7009 Representation of Use of Cloud Computing (Sept 2015). The Offeror shall also provide signed copies of all solicitation amendments, if applicable.

(B) The Offeror shall complete/submit the Offeror Information Sheet, Attachment 7 of this solicitation.

(C) Organizational Conflict of Interest (OCI). As required by FAR 9.5, the Government will ensure no organizational conflicts of interest are present. If any such conflict of interest is found to exist, the Contracting Officer may disqualify the Offeror or determine that it is otherwise in the best interests of the United States to contract with the Offeror and include the appropriate provisions to avoid, neutralize, mitigate, or waive such conflict in the contract awarded. The Offeror shall provide the Contracting Officer with complete information of any previous or ongoing work that is in any way associated with this acquisition, or related acquisitions. The Offeror shall submit a mitigation plan that addresses actual or perceived conflicts of interest related to the services required by this effort for Government review. The Government will conduct an independent assessment review of any submitted OCI Mitigation Plan to determine if any actual or perceived OCI exists and what further actions are necessary, if any. Additionally, the Government will monitor contract performance for emerging areas of conflict of interest and take action considered necessary to avoid, neutralize, or mitigate conflicts. If the Offeror believes there is no OCI, a statement as such shall be included.

(D) Financial Questionnaire. Offerors shall complete the Financial Information Questionnaire (Attachment 6) in its entirety, to include information for each member of a Joint Venture (if applicable), and submit the completed questionnaire along with the requested company organizational chart and release of information authorization letter with your proposal. NOTE: As an alternative to the Financial Capability Questionnaire process described above, publicly traded companies may submit a copy of the U.S. Securities and Exchange Commission Form 10-K.

(E) Small Business (SB).

1. Small Business Subcontracting Plan (Applies to Large Businesses Only). Offerors who certify as a large business concern shall submit a Small Business Subcontracting Plan at time of proposal submission. The contents of the Offeror's proposed Small Business Subcontracting Plan shall be compliant to the requirements stated in FAR 19.704, FAR Clause 52.219-9 (Deviation 2018-O0018 and 2019-O0005), DFARS 219.7, and DFARS Clause 252.219-7003. Attachment 8 of the solicitation may be used as a template for developing a Small Business Subcontracting Plan.

The Offeror’s plan shall address all elements stated in FAR 19.704(a)(1) through (15) and include goals focusing on the types of services and dollars to be subcontracted to small business concerns for this particular acquisition. The Contracting Officer will review the Small Business Subcontracting Plan’s information, goals, and assurances to ensure all have been addressed in the plan. Once the Contracting Officer has determined the Small Business Subcontracting Plan is compliant to the subcontracting plan requirements, it 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 those listed.

CATEGORY TARGET GOAL

Small Business 23% Small Disadvantaged Business 5% Women-Owned Small Business 5% Veteran-Owned Small Business 3% Service-Disable Veteran Owned Small Business 3% HUBZone Certified Small Business 3%

Volume II - Technical Capability Proposal. This volume shall address Offeror’s Technical Capability approach and requires Offeror to thoroughly demonstrate that its technical approach demonstrates that it has the technical knowledge to accomplish tasks contained in the Performance Work Statement (PWS) paragraphs listed in the below sub-factors. To this end, the Offeror is cautioned not to simply reiterate the tasks contained in the PWS;

instead, the Offeror must use this opportunity to demonstrate that it has the technical knowledge to meet the PWS requirements. Again, merely repeating the PWS without sufficient elaboration will not be acceptable. This means statements such as “the Offeror understands,” “can or will comply with all the requirements of the PWS,” or “standard procedures will be employed,” do not provide information which enables the evaluation team to evaluate the Offeror’s Technical Capability Proposal. The Technical Capability Proposal shall exclude any reference to the price aspects of the proposal; however, the offeror should emphasize the areas of their proposal relevant to the PWS paragraphs listed in the below sub-factors that will specifically result in improved service to the customer, and/or a reduction in cost to the Government. Offeror shall demonstrate its understanding of the work associated with each sub-factor as described below.

(A) Sub-Factor 1 – Operational Approach. The Offeror shall submit a detailed operational approach (in paragraph format) which demonstrates how the Offeror will meet all PWS requirements identified below:

1. Personnel Administration – PWS paragraphs 1.2.1. and 1.2.3.:

a. Approach to train and qualify workforce in their assigned duties (1.2.1. and all subparagraphs with the exception of paragraph 1.2.1.2.2.)

b. Customer Support (1.2.3.)

2. Pre-Move Services – PWS paragraph 1.2.5.:

a. Methods for providing accurate and timely entitlement and shipment counseling (1.2.5.2. and all subparagraphs)

b. Customer scheduling, including changes and communication flow throughout the move (1.2.5.1. and 1.2.5.3. and all subparagraphs)

3. Physical Move Services – PWS paragraph 1.2.6.:

a. Shipment inventory methodology (1.2.6.1.)

b. Meeting or improving upon the maximum transit times included in PWS, Appendix C

(1.2.6.9.). Offeror may provide and submit shorter transit times via PWS, Appendix C(i) – Transit Time Tables. Appendix C(i) - Transit Time Tables are excluded from the page limitation. Any proposed transit times which are shorter than the maximum transit times identified in Appendix C shall be incorporated into the resulting contract.

c. Packing/loading (1.2.6.3. and 1.2.6.4. and all subparagraphs)

d. Shipment preparation for non-temporary storage (NTS) (1.2.6.6.)

e. Pickup of shipments (1.2.6.7. and all subparagraphs)

f. Transport of shipments (1.2.6.9., 1.2.6.12., and 1.2.6.14.)

g. Delivery of HHG shipments (1.2.6.15.)

h. Storage (1.2.6.16.)

4. Post-Move Services – PWS paragraph 1.2.7.:

a. Claims adjudication, customer payout options, and how transfer of claims to the Military

Claims Office (MCO) will be minimized (1.2.7.2. and all subparagraphs)

(B) Sub-Factor 2 – Capacity and Subcontractor Management. The Offeror shall submit a detailed Capacity and Subcontractor Management Plan (in paragraph format) which demonstrates how the Offeror will manage capacity and subcontractors throughout contract performance. The Offeror’s Capacity and Subcontractor Management Plan shall take into consideration the historical data provided in Attachment 10, identifying and describing the following areas in relation to the GHC requirement:

1. Offeror’s approach to secure capacity to manage the Government’s global HHG relocation services requirements (pre-move and physical move) during peak and non-peak seasons, and how the Offeror will leverage DoD volume to improve utilization of that capacity (for high-volume bi-directional channels, or other methods resulting in improved utilization);

2. Offeror’s approach to solicit requirements to subcontractors (if applicable) and the selection criteria for award during peak and non-peak seasons, to include specifically how the approach minimizes the necessity for further layers of subcontracting of physical move activities wherever possible;

3. Offeror’s approach to manage subcontractor performance, to ensure the highest quality during the move, to include potential corrective actions; penalties, or incentives—as well as keeping the Government informed of the aforementioned actions taken to resolve quality issues for specific subcontractors;

4. Offeror’s approach to solicit small business participation to meet or exceed the combined Tier 1, Tier 2 and Tier 3 requirements identified in PWS paragraph 1.2.1.2.2. In addition to the approach, the Offeror shall also submit a completed Small Business Participation Commitment Document (Attachment 9). The document shall identify the Offeror’s commitment to the 40% utilization of small business concerns in the performance of this contract in accordance with PWS paragraph 1.2.1.2.2.

The Small Business Participation Commitment Document (Attachment 9) is excluded from the page limitation; and

5. Offeror’s approach to international shipments requiring air and ocean transportation services as identified in PWS paragraph 1.2.6.13.

(C) Sub-Factor 3 – Transition/Volume Phase-In. The Offeror shall submit a detailed

Transition/Volume Phase-In Plan (in paragraph format) which demonstrates how the Offeror will accomplish transition requirements. The Offeror’s Transition/Volume Phase-In Plan shall take into consideration the parameters provided in PWS paragraph 1.2.9 and Appendix A, identifying and describing the following areas in relation to the GHC requirement:

1. Transition Period: Offeror’s approach to meet the required implementation and transition for establishment of successful IT system connections between the Offeror’s IT system and the Government’s system, to include proposed interface endpoints, protocols, transport, and payloads, and any other requirements such as training, cyber security, etc.

2. Volume Phase-In Period: Offeror’s approach and associated timelines to be fully operational for complete global HHG relocation services for each of the service areas identified in RFP, Attachment 2, Pricing Rate Table.

(D) Sub-Factor 4 – Information Technology (IT) Services.

1. The Offeror shall submit their technical approach to meet the web-based, mobile access requirements in accordance with PWS paragraph 1.2.2., addressing the following areas in detail:

a. Secure access (1.2.2.);

b. Ease of use (1.2.2.);

c. Mobile application / access (1.2.2.);

d. Simple and complex query capabilities (1.2.2.2.);

e. Data manipulation and outputFlexible export capabilities (1.2.2.2.);

f. Management and performance reporting (PWS 1.2.2.);

g. Track and trace shipments (Shipment Visibility) (1.2.2.3.);

h. Claims management and reporting (1.2.2.5);

i. Ability to upload attachments (1.2.2.); and,

j. Ability to meet system performance, availability, and surge (peak season) utilization requirements (1.2.2. and 1.2.2.4.)

2. The Offeror shall also provide a functional/operational design diagram of the IT system capabilities, including screen-shots/mock-ups and procedures for the following queries: shipping module, storage module, scheduling module, counseling module, claims module, and ITV. The diagram shall also address computing capacity scalability/elasticity, integration, Application Program Interfaces, protocols, payload schemas, and proposed integrations and system functions mapped to the operational activities necessary to complete all primary functions of the business.

3. Technical Capability (Oral Presentations/Demonstrations). After establishment of competitive range, those Offerors remaining in the competition will be contacted and given an opportunity to demonstrate IT and mobile capabilities to illustrate and amplify those narrated in the written proposal. Oral presentations will be used to augment Offeror's written technical proposal for Sub-Factor 4, IT Services and will be subject to the same evaluation criteria as the technical capability subfactor IT Services used for the written proposal. Oral presentations will not substitute for the written portion of the Offeror's technical proposal. Oral presentations will give Offerors an opportunity to present a relocation use-case from notification of a move to delivery and claims settlement, through the offeror’s commercial system(s), within the context of the Government’s requirements. Demonstration from the Offeror's production, test, or training system is preferred over slides only. The demonstration provides for open dialogue among the parties. Videotaped presentations will be not considered as part of the oral presentations, as they must be conducted in-person. Presenters must be qualified to answer IT questions regarding their presentation as part of the evaluation. Slides may be used outlining the oral process presented. Should a discrepancy between the Offeror’s written technical proposal and the oral presentation exist, the Offeror’s written technical proposal will take precedence.

a. Slides must be Microsoft Office Power Point slides or Adobe PDF (may include embedded media clips, if applicable).

b. Each Offeror will be allowed 15 minutes of set-up time, and demonstration shall be no longer than 60 minutes in duration (total of 1 hr and 15 min per Offeror).

c. Oral presentations will be scheduled by the Government and will take place after the competitive range is established at Scott Air Force Base, IL or in the vicinity.

d. There is no limitation on the number of slides; however, any slides not briefed during the 60 minute presentation will NOT be considered in the evaluation.

e. Commercial internet will be available in the location for oral presentations at a level and quality of service common to hotels.

f. The Offeror's use case shall include a typical domestic move of average size and complexity for the Offeror's current business.

Volume III – Past Performance Proposal.

(A) Past Performance References. The Offeror shall submit no more than three past performance references for the Offeror (Contractor, Joint Venture) for services provided within the previous three calendar years similar in nature to the services described in this solicitation. Additionally, the Offeror shall submit no more than a total of nine subcontractor past performance references within the previous three calendar years. Each reference shall include the following: company/division name, description of service and a detailed narrative of relevance to this requirement, contracting agency, customer, current points of contact to include name, address, telephone number, and e-mail address for each reference, contract type, contract award date and period of performance, contract amount (annually and life cycle), questionnaire log including the name, address, telephone number, and e-mail address for each POC to whom the Past Performance Questionnaire was sent for completion.

The Government may contact the references to verify information and/or gather additional information.

1. Past Performance Questionnaire. Offerors shall complete Section 1 of the Past Performance

Questionnaire (Attachment 5) and send to each of the references included in the proposal. The Past Performance Questionnaire shall be completed by the cognizant Contracting Officer/Agency the Offeror contracted with and emailed directly to the Contract Specialist and Contracting Officer. Note:

The Contracting Officer will not accept surveys emailed by the Offeror. Offerors should use every diligent effort to follow-up with each Office/Agency to ensure the Contracting Officer receives the past performance questionnaires no later than the offer due date/time. The responsibility to send out the Past Performance Questionnaire rests solely with the Offeror. Once the questionnaires are completed by your reference points of contact, the information therein shall be considered procurement sensitive and shall not be released to you, the Offeror. Completed Past Performance Questionnaires should be submitted via email to andrew.s.mcclain2.civ@mail.mil, and paige.e.brown20.civ@mail.mil.

(B) Small Business Past Performance. Offerors shall submit past performance documentation demonstrating the Offeror’s ability to meet small business goals under contracts for which a subcontracting plan was required within the previous three calendar years. If an Offeror failed to meet any small business subcontracting goals within the previous three calendar years, the Offeror must also provide detailed explanation, as to why the goals were not met and what remedies were employed to meet future goals.

(C) Subcontractor Consent (if applicable). Past performance information pertaining to a subcontractor cannot be disclosed to the Offeror without the subcontractor’s consent. Offerors shall provide a letter from any and all proposed subcontractor(s) consenting to the release of their past performance information to the Offeror.

Volume IV – Price Proposal:

(A) Attachment 2, Pricing Rate Table. Offerors shall follow all directions and instructions on all tabs in

RFP Attachment 2, Pricing Rate Table. To be eligible for award, Offerors shall insert a proposed price in all cells which require a proposed rate IAW the instructions in RFP, Attachment 2, Pricing Rate Table. Offerors shall insert $0 in the applicable cell for any services in which the Offeror is not proposing a price (no charge). Offerors shall not alter the format of Attachment 2, Pricing Rate Table. Price proposals shall be submitted in .xlsx format. Alterations, formula adjustments, cell formatting, adding terms or conditions, may result in your offer being determined non-responsive.

1. In order to protect the Contractor and Government against significant market fluctuations, this requirement includes Economic Price Adjustment (EPA) provisions. The Government-set IHS Markit Pricing and Purchasing Industry Forecasting Adjustments identified in Attachment 2, Pricing Rate Table (Tab 5b) are included for purposes of determining a total evaluated price (TEP) only.

Upon award, any applicable EPA will be applied IAW PWS, Appendix G.

2. Domestic linehaul prices shall be based on a $2.50 fuel rate. Fuel rate adjustments will be applied IAW PWS, Appendix G, EPA Schedule, paragraph 2.

3. Service Contract Labor Standards Price Adjustments. Rate adjustments required via application of the Service Contract Labor Standards Act will be processed in accordance with FAR 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multiple Year and Option Contracts).

4. For all proposed prices including ocean carriage, Offeror’s price proposal shall be based on and include prices of U.S. flag vessels operated by a VISA "Participant" that has made a current, minimum commitment of its U.S. flag vessel capacity to Stages I, II and III of VISA or that has made a current, minimum commitment of its Jones Act capacity (capacity exclusively engaged in the domestic trades) to Stage III of VISA and a current, minimum commitment of the remainder of its U.S. flag vessel capacity to Stages I, II and III or, VISA or with regard to an offer for a long-term charter to DoD that has made a current, minimum commitment of its U.S. flag vessel capacity to Stage III of VISA.

5. For all proposed prices including air transportation, Offeror’s price proposal shall be based on subcontracting to air carriers participating in the Civil Reserve Air Fleet (CRAF).

(13) Submission of Questions.

i. Formal communications, such as requests for clarification, questions, and/or written information concerning this solicitation shall be submitted in writing via email to andrew.s.mcclain2.civ@mail.mil and paige.e.brown20.civ@mail.mil.

ii. No information concerning this solicitation or requests for clarification will be provided in response to

Offeror-initiated telephone calls. Written questions will be answered in writing and provided to all Offerors via www.fbo.gov. Due to the time required to research a question and provide an answer, questions received less than 15 calendar days prior to the due date of offers specified in this solicitation may not be answered.

iii. The request shall be in the following format:

Reference: Document _____, Page _____, Paragraph _____, (or Figure _____).

Question: ______________________________________

FAR 52.212-1 Paragraph (c) is tailored to read as follows:

(c) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 365 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

FAR 52.212-1 Paragraph (e) is tailored to read as follows:

(e) Multiple offers. Multiple offers with identical Commercial and Government Entity (CAGE) codes shall be excluded from consideration.

FAR 52.212-1 Paragraph (l)(7) is added and reads as follows:

(l)(7) Debriefings may be provided in writing, orally, or in person, at the Government’s discretion.

(End of provision)

LIST OF ATTACHMENTS

Attachment 1 – Performance Work Statement, Amendment 023 Attachment 2 - Pricing Rate Table, Amendment 023 Attachment 2a – Maps Attachment 2b – Non-Standard Rate Areas, Amendment 01 Attachment 3 - Wage Determinations Attachment 4 - Award Term Plan, Amendment 01 Attachment 5 - Past Performance Questionnaire, Amendment 01 Attachment 6 - Financial Information Questionnaire Attachment 7 - RFP Offeror Information Sheet, Amendment 02 Attachment 8 - Small Business Subcontracting Plan, Amendment 03 Attachment 9 - Small Business Participation Commitment Document, Amendment 01 Attachment 10 – Historical Data

Appendix A - Transition Phase-In Phase-Out, Amendment 01 Appendix B - Required Reports, Amendment 01 Appendix C - Transit Times Appendix C(i) – Transit Time Tables Appendix D - Non-Standard Processes Appendix E - Claims and Liability Rules, Amendment 01 Appendix F – Payment and Invoicing, Amendment 02 Appendix G – Economic Price Adjustment Schedule Appendix H – Form Data Elements Appendix I – CUI Requirements Table Appendix J - NIST.SP.800-171 - POAM

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C.

2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

X (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

X (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Nov 2016) of 52.219-9.

X (iii) Alternate II (Nov 2016) of 52.219-9.

____ (iv) Alternate III (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Aug 2018) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

X (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (Feb 1999) of 52.222-26.

____ (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

____ (ii) Alternate I (July 2014) of 52.222-35.

____ (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

____ (ii) Alternate I (July 2014) of 52.222-36.

X (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).

X (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

X (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

X (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

X (60)(i) 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).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

____ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

X (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

X (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 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).

_____ (7) 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).

_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

X (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) 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.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) X (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 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.)

(xv) 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)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

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

(xviii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 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.

(xxii) 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)

The following have been deleted:

252.239-7018 Supply Chain Risk FEB 2019

(End of Summary of Changes)