Amend_1_-_Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

HTC71119RR012 19-Aug-2019

b. TELEPHONE NUMBER

618-220-7065

8. OFFER DUE DATE/LOCAL TIME

08:00 AM 23 Sep 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

HTC7119. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ROBERT HUELSMAN

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USTRANSCOM-AQ - HTC711

508 SCOTT DR

SCOTT AFB IL 62225-5357

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W68P4C 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

W2DU PNW TRANS DETACHMENT - W68P4C

ROY MILLER

3728 S TYLER ST

TACOMA WA 98409-2235

TEL: (253) 967-3670 FAX:

CONTACT BUYERFAX:

TEL: CONTACT BUYER SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$38,500,000

NAICS:

488320

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

HTC71119RR012

Section SF 1449 - CONTINUATION SHEET

ADMINISTRATIVE MATTERS

Solicitation HTC711-19-R-R012 Pacific Northwest Stevedoring & Related Terminal Services

A. List of Attachments -Attachment 1 - PWS 8-19-19 -Attachment 2 - SOR 8-19-19 -Attachment 3 - RFP Information Sheet -Attachment 4 - Technical Worksheet -Attachment 5 - SB Subcontracting Plan

B. The minimum guarantee for any contract resulting from this solicitation shall be $2,500.00, this only applies to the first 12 months of the period of performance.

C. Any contract resulting from this solicitation shall have a contract maximum value as specified by the Contracting Officer.

End of list

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot

S&RTS PNW

FFP

Billing shall be in accordance with the Schedule of Rates and Performance Work Statement. Rates are for a Five-Year Period of Performance FOB: Destination

NET AMT

PSC Code: V114

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-FEB-2020 TO

31-JAN-2025

N/A W2DU PNW TRANS DETACHMENT -

W68P4C

ROY MILLER

3728 S TYLER ST

TACOMA WA 98409-2235

(253) 967-3670 FOB: Destination

W68P4C

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 On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-3 Offeror Representations and Certifications--Commercial Items

OCT 2018

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.212-5 Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items

MAY 2019

52.219-8 Utilization of Small Business Concerns OCT 2018 52.222-3 Convict Labor JUN 2003 52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-44 Fair Labor Standards And Service Contract Labor Standards- Price Adjustment

MAY 2014

52.222-50 Combating Trafficking in Persons JAN 2019 52.222-53 Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services--Requirements

MAY 2014

52.222-54 Employment Eligibility Verification OCT 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.245-9 Use And Charges APR 2012 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.213-7000 Notice to Prospective Suppliers on Use of Supplier

Performance Risk System in Past Performance Evaluations

MAR 2018

252.215-7008 Only One Offer OCT 2013 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

DEC 2018

252.225-7993 (Dev) Prohibition on Providing Funds to the Enemy (Deviation 2015-O0016)

SEP 2015

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.228-7003 Capture and Detention DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.246-7003 Notification of Potential Safety Issues JUN 2013

252.247-7000 Hardship Conditions AUG 2000 252.247-7002 Revision of Prices DEC 1991 252.247-7007 Liability and Insurance DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

(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). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

Formal communications, such as requests for clarification, questions and/or written information concerning this solicitation should be submitted in English via email to:

caleb.j.higgerson.civ@mail.mil and robert.j.huelsman.civ@mail.mil

The request should be in the following format:

Reference: Section , Page , Paragraph Question: _.

Written questions will be answered in writing and provided to all Offerors via e-mail. However, due to the time required to research a question and provide an answer, questions received less than 7 calendar days prior to the due date of proposal specified in this solicitation may not be answered.

(b) PROPOSAL PREPARATION INSTRUCTIONS General Information

To assure timely and equitable evaluation of offer/offeror, each offer/offeror 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.

By submitting a proposal, the Offeror is certifying it is able to meet or exceed the minimum productivity rates specified in Attachment 1 - PWS Table 2 – Minimum Productivity Levels. The productivity rates are the required minimum levels acceptable to meet mission schedules for S&RTS in the Pacific Northwest.

Each Offeror is required to submit an electronic version of their proposal in English via email with the RFP number and Company business name in the subject line, by the due date specified on the SF1449. All documents shall be in Adobe PDF files except the pricing spreadsheet which shall be in Microsoft Excel mailto:caleb.j.higgerson.civ@mail.mil mailto:robert.j.huelsman.civ@mail.mil format with an .xlsx file extension. Send proposals to Robert Huelsman robert.j.huelsman.civ@mail.mil and Caleb Higgerson caleb.j.higgerson.civ@mail.mil.

1. Proposals shall be submitted via email using Times New Roman, 12 point font except for figures, tables, and diagrams where smaller is acceptable as long as it is readable. The maximum page limit for each part includes all text pages, tables, graphs, and other types of illustrative material. 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.

2. All Proposals shall include the following:

A. Contract Documentation (See 3A below)

B. Part I – Technical Worksheet Proposal (See 3B below)

C. Part II – Price Proposal (See 3C below)

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

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

A. Contract Documentation

In this part, the offeror shall submit:

(1) Complete the RFP Information Sheet (Attachment 3). Complete the attachment with (i) the company name and address as registered in the System for Award Management (SAM) database;

(ii) DUNS code; (iii) CAGE code; and (iv) Identification of the name, title, telephone number and email address of the company point of contact with respect to your offer and who can obligate your company contractually.

(2) Complete the Standard Form (SF) 1449, Solicitation for Commercial Items blocks 12 (even if no discount is offered), 17a, 30a, 30b and 30c. 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. Complete Block 17b – only if remittance address is different, however such address must be registered in the System for Award Management (SAM) database.

(3) If a solicitation Amendment (SF30) is issued, Complete blocks 8, 15A and 15B on EACH SF

30, Amendment. This is to acknowledge each solicitation amendment received.

(4) Representations and Certifications (Reps & Certs) shall be submitted online using SAM at https://www.sam.gov.

(5) Appropriate documentary evidence – Licensure, written authorization and any other documentation that the offeror or its intended subcontractor(s) is authorized to perform the required services at the specified location(s), including:

a) 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.

mailto:chad.m.hankins.civ@mail.mil mailto:caleb.j.higgerson.civ@mail.mil.

https://www.sam.gov/

b) Proof of capability to perform customs clearance through a licensed customs broker or clearing agency.

(6) Current Collective Bargaining Agreement (CBA)

(7) Small Business (SB) Subcontracting Plan/Small Business Utilization Plan: Offerors shall include with their proposal a Small Business Subcontracting Plan IAW FAR 19.7, FAR 52.219-9, DFARS 219.7, and DFARS 252.219-7003 (see Attachment 5, SB Subcontracting Plan Template) or Small Business Utilization Plan which identifies the offeror’s approach to utilizing small business concerns (Small Business, Small Disadvantaged Business, Women-Owned Small Business, HUBZone Small Business, Veteran-Owned Small Business, Service-Disabled Veteran Owned Small Business, Historically Black Colleges or Universities and Minority Institutions and other) in the performance of this contract to the maximum extent practicable. If the use of Small Business Plan or Small Business Utilization Plan is not relevant or practical the offeror will provide a detailed rationale in writing why they cannot comply with this request.

B. Part I –Technical Worksheet Proposal (Attachment 4). The offeror shall submit a completed Technical Worksheet Proposal. The Technical Worksheet Proposal response shall be clear, concise and include sufficient detail for effective evaluation against factors defined in 52.212-2. The Technical Worksheet Proposal shall be limited to no more than 25 pages.

C. Part II – Price Proposal

a) Schedule of Rates. (RFP Attachment 2 - SOR) The Offeror shall input rates for ALL items in the “Unit Price” column that are highlighted. Do not input formulas with the “unit price” column. Do not attempt to change anything on the spreadsheet. Enter unit pricing with two (2) decimal places only. Enter $0.00 if you wish to propose the item free of charge.

The Government will interpret any cells left blank, as $0.00 free of charge.

b) Each offeror is required to provide data to explain a complete breakdown of the development of each unit price. This supplemental shall include as a minimum:

• A breakdown of proposed Gang Cost or other labor estimate used to develop commodity rates, including number and types of labor, wage rates, fringe benefits, payroll taxes and insurance and proposed amounts of gear and equipment, overhead, general and administrative (G&A) expenses, and profit, as applicable.

• A detailed description of the method(s) used to calculate commodity rates, including applicable productivity/units per hour for each commodity.

• A breakdown of proposed man-hour rates, including wages, fringe benefits, payroll taxes and insurance, and proposed amounts for overhead, general and administrative (G&A) and profit, as applicable.

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.

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

(c) Period for acceptance of offers. The Government requires a minimum of 180 calendar days for acceptance of offers submitted in response to this solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. The government will not consider multiple offers presenting alternate terms and conditions for satisfying the requirements of this solicitation.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). 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.

(h) Multiple awards. 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.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Unless exempted by an addendum to this solicitation, by submission of a proposal, the Offeror acknowledges https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm http://www.sam.gov/ http://www.sam.gov/ the requirement that a prospective awardee shall have an active registration in the SAM database prior to Proposal Submission, during performance and through final payment of any contract resulting from this solicitation.

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

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

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

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

(4) A summary of the rationale for award;

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

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

(End of provision)

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

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

1. Technical (Acceptable/Unacceptable)

2. Price

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

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

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

(d) Basis for contract award - This acquisition is being conducted under FAR Parts 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. 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, the offeror agrees to the terms of this solicitation.

Specifically, the evaluation process shall proceed as follows:

First, proposals will be checked for compliance with all of the Proposal Preparation Instructions in clause FAR 52.212-1(b), including submission of all items of Contract Documentation detailed in the clause FAR 52.212- 1(b)3A. Failure to materially comply with all Proposal Preparation Instructions or failure to provide all Contract Documentation will result in the proposal being found noncompliant with the solicitation. Noncompliance may be grounds to eliminate the proposal from evaluation and consideration for contract award.

Following the closing date, proposals will be ranked in order of lowest to highest total proposed price. Total proposed price is automatically calculated in Attachment 2 – Schedule of Rates.

The Technical Worksheet of the proposal with the lowest price will then be evaluated and receive a rating of Acceptable or Unacceptable.

If the lowest ranked offeror’s Technical proposal is rated acceptable, 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, 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 that the lowest priced offer that is rated technically acceptable 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. 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 price 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 offer with the next lowest price will be evaluated for technical acceptability. This process will continue in order of ascending price until an offer is determined to have an acceptable technical rating, fair and reasonable prices, balanced pricing (or if unbalanced pricing exists that it does not pose an unacceptable risk) and the offeror is deemed responsible; or until all offers have been evaluated.

If all technically acceptable offers are not awardable based on the initial evaluation process above or no offer was found to be technically acceptable or compliant, the Source Selection Authority (SSA) will determine whether 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 conduct the discussion process with those offerors in 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 Worksheet 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 Worksheet Proposal (Attachment 4) which clearly describes in sufficient detail how the offeror will achieve each item in the worksheet in accordance with the Performance Work Statement. The government will evaluate the offeror’s response to each item in the worksheet to determine if the offeror adequately demonstrates the capability to successfully conduct Stevedoring & Related Terminal Services. In order to be rated Acceptable, the Technical Worksheet Proposal must meet the government’s minimum requirements. A Technical Worksheet Proposal will be rated Unacceptable if it fails to meet the Government’s minimum requirements. Specifically, the Government will evaluate the following minimum requirements in its rating of the Technical Worksheet Proposal:

A. Offeror demonstrates the capability to provide all labor (including labor during a shortage due to competing requirements) and equipment necessary to handle multiple classes of supply and multiple vessels while conducting stevedoring operations within required timeframes at all port locations listed in the requirement.

B. Offeror demonstrates the capabilities to successfully conduct stevedoring & related terminal services without damage and in accordance with stow plans and safety regulations.

C. Offeror demonstrates the capability to provide Facilities required in the PWS, at all ports identified in the PWS.

2. Factor II: Price.

The Government utilizes the Schedule of Rates Excel (.xlsx) spreadsheet to capture offeror’s proposed price.

In order to be considered for award, proposed 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 to determine if unbalanced pricing exists IAW FAR 15.404-1(g).

(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.

(End of provision)

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 15 Calendar Days of contract completion.

(End of clause)

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):

https://www.acquisition.gov/browse/index/far

52.204-24

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

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

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

Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or https://www.acquisition.gov/browse/index/far

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. The Offeror represents that--

It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of Provision)

52.204-25

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(b), insert the following clause:

Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (AUG 2019)

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

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

https://dibnet.dod.mil/ https://dibnet.dod.mil/

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:

Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of Clause)

CLAUSES INCORPORATED BY FULL TEXT

5552.216-9003 USTRANSCOM TASK AND DELIVERY ORDER OMBUDSMAN (OCT 2018)

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: 618-220-5434 FAX: 618-220-6248