SP3100-08-R-0013_Conformed thru Amendment 0001.pdf

SP3100-08-R-0013

Conformed thru Amendment 0001

This Request for Proposal is for the necessary services, labor, material, equipment and control components required to replace an existing elevated tote conveyor system in bldgs 15 and 17, and in elevated tunnels connecting both bldgs to bldg 16, with a state of the art elevated powered roller tote conveyor system, building power upgrade, and an optional video monitoring system for Buildings 15 and 17 located at The Defense Distribution Center San Joaquin (DDJC), Tracy, CA in accordance with Attachment (1) Technical Specifications for Active Item Conveyor Buildings 15/17, Defense Distribution Center San Joaquin (DDJC), Tracy, CA and Attachment (2) DDJC Drawing Build 15-17 Conveyor.

1. A SITE VISIT is scheduled for Tuesday, April 8, 2008 at 10:00 AM Pacific Time. As stated in FAR 52.237-1, all prospective offerors are urged to attend the site visit. Failure to attend the site visit will not constitute grounds for a claim after contract award.

Due to security measures currently in place at the Defense Distribution Depot San Joaquin (DDJC), Tracy site, interested parties (not to exceed two per company) planning to attend the site visit needs to submit via email the following information to David Tank, Phone: 209-839-4534, Email:

david.tank@dla.mil.

Company Name Employee Name Employee Driver’s License Number (not required ahead of time)

This information must be submitted at least two (2) working days prior to the site visit date. Failure to submit this information in the timeframe requested above may result in delays upon your arrival at the installation. Cameras are permitted for job site documentation if a camera pass is obtained. Contractors must present cameras during security check-in to receive the camera pass.

On the date of the site visit, employee will need to present at least one (1) form of photo identification, i.e., valid driver’s license. The employee will also need to present current registration and insurance for each vehicle entering the installation.

Attendees will meet at Bldg 100, Room 6, no later than 9:45AM Pacific Time. The address for the Tracy installation is 25600 S.Chrisman Road, Tracy, CA 95304-9150.

Any information provided by the Government at the site visit shall not qualify the terms and conditions of the solicitation and specifications. Terms and conditions of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If necessary, the Government may issue amendments to the solicitation after the site visit in accordance with FAR 15.206, Amending the Solicitation.

A written record of the site visit will be posted on the Federal Business Opportunities website – www.fbo.gov. Be advised that all questions pertaining to the solicitation and/or resulting from the site visit shall be submitted electronically to the contract specialist - Kimberly LeCates, Phone:

717-770-7233, Fax: 717-770-5689; E-mail: kimberly.lecates@dla.mil. No questions will be answered at the time of the site visit. Government representatives may not discuss or comment on price/cost or provide any clarification and/or changes to the solicitation and specifications at any time during the site visit.

Note: Remarks and explanations at the conference shall not qualify the terms of the solicitation. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. Questions resulting from the site visit must be in writing and will be due on or before Monday, April 14, 2008, 4 PM

EST.

2. The Government has determined to use “Best Value/Tradeoff Techniques” for this requirement. Award decisions made utilizing best value/tradeoff procedures can be made on the basis of a business judgment that an award to other than the low offeror represents the overall best value to the Government.

3. Davis Bacon Wage Determination CA080029 Modification 4 dated March 7, 2008 applies to CLIN 0002, Schedule of Supplies/Services, of this solicitation.

4. The contract price shall include all applicable Federal, State, and local taxes and duties in accordance with FAR 52.229-3 Federal, State, and Local Taxes (Apr 2003)

5. Central Contractor Registration (CCR): As stated in referenced FAR 52.212-1 Instructions to Offerors – Commercial Items, Paragraph (k), a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract resulting from this solicitation. Offerors may obtain information on registration and approval confirmation requirements via the internet at http//www.ccr.gov or by calling 1-888-227-2423 or 269- 961-5757.

6. Offerors are cautioned to follow the “Instructions to Offerors” for the proposal submission starting on Page 18 or the proposal could be considered non-responsive and will not be considered.

7. Offerors shall TYPE the required information in Block 17a on the SF 1449 form exactly as it appears in the CCR Database.

8. All offerors are to provide to the contract specialist, by email, the tracking number of the carrier used to handle their proposal to reduce the chances of proposals being misrouted and the resultant delay in evaluating/awarding the solicitation.

9. Any required insurance certifications must be submitted to the Contracting Officer within ten (10) days after the date of contract award as referenced in FAR 52.228-5 and DLAD 52.228-9000.

10. The Government will hold a Pre-installation Conference within thirty (30) days of contract award date, but not before receipt of a schedule and engineering design/layout drawings.

11. The Government requires final acceptance of the complete system, including performance and reliability tests, within two hundred seventy (270) calendar days after the date of contract award.

12. COMMERCIAL INTERIM PAYMENTS

a. Commercial Interim Payments are authorized for CLIN 0001 ONLY of this contract as specified below.

Payment 1 Actual cost of materials delivered and accepted by the COR to be validated with supplier invoices.

Payment 2 Installation of system and contractor check-out testing is complete; and the COR verifies that the system is ready for Government testing.

The total value of the interim payments shall not exceed 70% of the total CLIN 0001 price.

b. All material and work covered by the interim payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as --

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

c. Final Payment of CLIN 0001 shall be made upon final acceptance of all deliverables by the Government and completion of final operational test.

d. The Final Payment of CLIN 0001 shall be the total price less Interim Payments 1 and 2.

e. The Government is required to obtain adequate security for Government financing. The Contracting Officer will review the offeror’s financial condition in accordance with FAR 32.202-4 – Security for Government Financing and FAR Clause 52.232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002).

13. Invoicing Procedures: Invoices shall be submitted to the Acquisition Operations office for review and certification via one of the following methods:

A. MAIL TO: Defense Distribution Center, Acquisition Operations (DDC-AB) 2001 Mission Drive, Bldg 404 New Cumberland, PA 17070-5000 ATTN: Kimberly LeCates

B. FAX TO: 717-770-5689 – ATTN: Kimberly LeCates

C. EMAIL TO: kimberly.lecates@dla.mil

After review and certification by the Government, invoices will then be forwarded to the Defense Finance and Accounting Service (DFAS) for payment.

14. The work hours for this acquisition will be 0700 to 1530 Monday through Friday except for Federal Holidays listed below:

NEW YEAR'S DAY

MARTIN LUTHER KING'S BIRTHDAY

PRESIDENTS DAY

MEMORIAL DAY

INDEPENDENCE DAY

LABOR DAY

COLUMBUS DAY

VETERANS DAY

THANKSGIVING DAY

CHRISTMAS DAY

In the event an Executive Order issued by the President of the United States declares Agencies of the Federal Government closed for a regularly scheduled workday, the Contracting Officer’s Representative will determine and advise the contractor on whether services are required for that day.

Contractor hours of operation are subject to change when Government operating hours change and as required to support peak workload conditions. Contractor will be notified within forty eight (48) hours of any change in operating hours.

SCHEDULE FOR SUPPLIES AND SERVICES

The Offeror shall price the system with separate prices for each contract line item.

The Contractor shall furnish, install and make operational, the following equipment:

ITEM NO SUPPLIES/SERVICES QUANTITY PRICE

0001 All labor, equipment and controls 1 lot _________ necessary to provide, install and test the Package Conveyor System as indicated in Table 1 of the specification

0002 All labor and equipment necessary 1 lot _________ to provide the upgraded power service (480 volt (3) new 50 KVA, 1 Phase Unit

Delta-Wye Transformers (12.47KVA/480/277V) to bldgs 15 and 17 from Poles 2 and 1 respectively as indicated in Table 1 of the specification

0003 All labor to disassemble and remove the 1 lot __________ existing package conveyor system in

Buildings 15 and 17 as indicated in Table 1 of the specification

0004 OPTION CLIN: All labor, equipment and 1 lot __________ controls necessary to provide, install and test the optional video monitoring system as indicated in Table 1 of the specification

0005 Contract Data Requirements in accordance with DD Form 1423, and DD Form1664

Attachment 1. (NOTE: ALL COST FOR DATA MUST BE INCLUDED IN THE PRICE

OF THE SYSTEM. CONTRACTOR SHALL NOT PRICE THESE ITEMS SEPARATE.)

A001 Installation Schedule NSP

A002 Engineering Layout/Design Drawings NSP Layout Drawings

A003 Engineering Layout/Design Drawings NSP As Built Drawings

A004 Commercial Manuals, Operating Manual NSP

SCHEDULE FOR SUPPLIES AND SERVICES (Continued)

A005 Commercial Manuals, Maintenance Manual NSP

With Recommended Spare Parts List

A006 Technical Representative List NSP

A007 Training Manual NSP

A008 Power Requirements NSP

ADDENDUM TO 52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS:

CLAUSES INCORPORATED BY REFERENCE:

FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (SEP 2007)

FAR 52.222-1* NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

FAR 52.222-5* DAVIS-BACON ACT – SECONDARY SITE OF THE WORK (JUL 2005)

FAR 52.222-6* DAVIS BACON ACT (JUL 2005)

FAR 52.222-7* WITHHOLDING OF FUNDS (FEB 1988)

FAR 52.222-8* PAYROLLS AND BASIC RECORDS (FEB 1988)

FAR 52.222-9* APPRENTICES AND TRAINEES (JUL 2005)

FAR 52.222-10* COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

FAR 52.222-11* SUBCONTRACTS (LABOR STANDARDS) (JUL 2005)

FAR 52.222-12* CONTRACT TERMINATION-DEBARMENT (FEB 1988)

FAR 52.222-13* COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS

(FEB 1988)

FAR 52.222-14* DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

FAR 52.222-15* CERTIFICATION OF ELIGIBILITY (FEB 1988)

FAR 52.222-27* AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR

CONSTRUCTION (FEB 1999)

FAR 52.225-9* BUY AMERICAN ACT—CONSTRUCTION MATERIALS (JAN 2005)

*APPLICABLE TO CLIN 0002 ONLY

FAR 52.228-5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003)

FAR 52.232-17 INTEREST (JUN 1996)

FAR 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

FAR 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE

WORK (APR 1984)

FAR 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

FAR 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

FAR 52.236-8 OTHER CONTRACTS (APR 1984)

FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS (APR 1984)

FAR 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

FAR 52.236-11 USE OF POSSESSION PRIOR TO COMPLETION (APR 1984)

FAR 52.236-12 CLEANING UP (APR 1984)

FAR 52.236-13 ACCIDENT PREVENTION (NOV 1991)

FAR 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

FAR 52.242-13 BANKRUPTCY (JUL 1995)

FAR 52.242-15 STOP-WORK ORDER (AUG 1989)

DFARS 252.201-7000 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 1991)

DFARS 252.204-7000 DISCLOSURE OF INFORMATION (DEC 1991)

DFARS 252.204-7002 PAYMENT FOR SUBLINE ITEMS NOT SEPARATELY PRICED (DEC 1991)

DFARS 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

DFARS 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY

THE GOVERNMENT OF A TERRORIST COUNTRY (DEC 2006)

DFARS 252.227-7033 RIGHTS IN SHOP DRAWINGS (APR 1966)

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

DLAD 52.249-9000 ADMINISTRATIVE COSTS OF REPRODUCTION AFTER DEFAULT (MAY 1988)

CLAUSES INCORPORATED IN FULL TEXT:

FAR 52.211-11 LIQUIDATED DAMAGES -- SUPPLIES, SERVICES, OR RESEARCH AND

DEVELOPMENT (SEPT 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $100.00 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default -- Fixed-Price Supply and

Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default -- Fixed- Price Supply and Service clause in this contract.

(End of Clause)

FAR 52.217-7 OPTION FOR INCREASED QUANTITY -- SEPARATELY PRICED LINE ITEM

(MAR 1989)

The Government may require the delivery of the numbered line Item 0004, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within one hundred eighty days (180) days of contract award. Delivery of added item shall be within 270 days of contract award.

(End of Clause)

FAR 52.232-29 TERMS FOR FINANCING OF PURCHASES OF COMMERCIAL ITEMS (FEB 2002)

(a) Contractor entitlement to financing payments. The Contractor may request, and the Government shall pay, a contract financing payment as specified elsewhere in this contract when: the payment requested is properly due in accordance with this contract; the supplies deliverable or services due under the contract will be delivered or performed in accordance with the contract; and there has been no impairment or diminution of the Government’s security under this contract.

(b) Special terms regarding termination for cause. If this contract is terminated for cause, the Contractor shall, on demand, repay to the Government the amount of unliquidated contract financing payments. The Government shall be liable for no payment except as provided by the Termination for Cause paragraph of the clause at 52.212-4, Contract Terms and Conditions -- Commercial Items.

(c) Security for Government financing. In the event the Contractor fails to provide adequate security, as required in this contract, no financing payment shall be made under this contract. Upon receipt of adequate security, financing payments shall be made, including all previous payments to which the Contractor is entitled, in accordance with the terms of the provisions for contract financing. If at any time the Contracting Officer determines that the security provided by the Contractor is insufficient, the Contractor shall promptly provide such additional security as the Contracting Officer determines necessary. In the event the Contractor fails to provide such additional security, the Contracting Officer may collect or liquidate such security that has been provided and suspend further payments to the Contractor; and the Contractor shall repay to the Government the amount of unliquidated financing payments as the Contracting Officer at his sole discretion deems repayable.

(d) Reservation of rights.

(1) No payment or other action by the Government under this clause shall --

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government’s rights and remedies under this clause –

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(e) Content of Contractor’s request for financing payment. The Contractor’s request for financing payment shall contain the following:

(1) The name and address of the Contractor;

(2) The date of the request for financing payment;

(3) The contract number and/or other identifier of the contract or order under which the request is made;

and

(4) An appropriately itemized and totaled statement of the financing payments requested and such other information as is necessary for computation of the payment, prepared in accordance with the direction of the Contracting Officer.

(f) Limitation on frequency of financing payments. Contractor financing payments shall be provided no more frequently than monthly.

(g) Dates for payment. A payment under this clause is a contract financing payment and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved payment requests within 30 days of submittal of a proper request for payment.

(h) Conflict between terms of offeror and clause. In the event of any conflict between the terms proposed by the offeror in response to an invitation to propose financing terms (52.232-31) and the terms in this clause, the terms of this clause shall govern.

(End of Clause)

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.arnet.gov/far http://farsite.hill.af.mil

(End of Clause)

DLAD 52.228-9000 INSURANCE (FEB 2005)

The Contractor shall, at its own expense, provide and maintain during the entire period of any resulting contract, including any extensions granted by contract modification, at least the kinds and minimum amounts of insurance noted here:

Workers’ Compensation and Employer’s Liability - $100,000 (except in states with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.)

General Liability- $500,000 per occurrence Automobile Liability – Property damage $20,000 per occurrence, Bodily injury $200,000 per person and $500,000 per occurrence.

When requested by the Contracting Officer, the Contractor shall provide a copy of all subcontractors’ proofs of required insurance no later than five (5) days before each subcontractor commences work on the Government installation.

(End of clause)

DDC 52.223-9W07 ILLEGAL ITEMS NOT AUTHORIZED ON FEDERAL INSTALLATION (FEB 2007)

Illegal drugs, guns or other contraband are not authorized on this Federal installation. It is the contractor's responsibility to ensure that its employees working on-site at this installation are U. S. citizens or legal aliens with no outstanding warrants. This installation is manned by a DoD Police Force who possesses apprehension authority, which includes holding suspects for local authorities. These officers can and will charge individuals with an established court appearance via the Federal Magistrate. This agency processes illegal aliens in accordance with INS instructions.

(End of Clause)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (FEB 2008)

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

(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(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 shall check as appropriate.]

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

NA (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).

NA (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

NA (4) [Reserved]

XX (5) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

NA (ii) Alternate I (Oct 1995) of 52.219-6.

NA (iii) Alternate II (Mar 2004) of 52.219-6.

NA (6) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C.

644).

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

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

XX (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

NA (8) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2007)(15 U.S.C. 637 (d)(4).)

NA (ii) Alternate I (Oct 2001) of 52.219-9.

NA (iii) Alternate II (Oct 2001) of 52.219-9.

XX (9) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).

NA (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C.

637(d)(4)(F)(i)).

NA (11) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sep 2005)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

NA (ii) Alternate I (June 2003) of 52.219-23.

NA (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Oct 1999)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

NA (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

NA (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside (May 2004) (15 U.S.C. 657 f).

XX (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

XX (16) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

XX (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

XX (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

XX (19) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

XX (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

XX (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793).

XX (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

XX (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

XX (24) (i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

NA (ii) Alternate I (Aug 2007) of 52.222-50.

NA (25) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Aug 2000)(42 U.S.C. 6962(c)(3)(A)(ii)).

NA (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

XX (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

NA (27) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

NA (ii) Alternate I (Dec 2007) of 52.223-16.

NA (28) 52.225-1, Buy American Act--Supplies (June 2003)(41 U.S.C. 10a-10d).

NA (29) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108- 78, 108-286, and 109-169).

NA (ii) Alternate I (Jan 2004) of 52.225-3.

NA (iii) Alternate II (Jan 2004) of 52.225-3.

NA (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (31) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

NA (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

NA (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

XX (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (35) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

XX (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332).

NA (37) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332).

NA (38) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

NA (39) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

XX (40) (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).

XX (ii) Alternate I (Apr 2003) 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.]

NA (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.).

NA (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C.

206 and 41 U.S.C. 351, et seq.).

NA (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.).

NA (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

NA (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

NA (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

NA (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007)(31 U.S.C.

5112(p)(1)).

(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 paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.219-8, Utilization of Small Business Concerns (May 2004)(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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C.

793).

(v) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.)

(vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(x) 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)

DFARS 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (MAR 2008)

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.

XX 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).

(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

(1) XX 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416).

(2) NA 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637).

(3) NA 252.219-7004, Small Business Subcontracting Plan (Test Program) (APR 2007) (15 U.S.C.

637 note).

(4) NA 252.225-7001, Buy American Act and Balance of Payments Program (JUN 2005) (41 U.S.C. 10a-10d, E.O. 10582).

(5) XX 252.225-7012, Preference for Certain Domestic Commodities (MAR 2008) (10 U.S.C.

2533a).

(6) XX 252.225-7014, Preference for Domestic Specialty Metals (JUN 2005) (10 U.S.C. 2533a).

(7) XX 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a).

(8) XX 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).

(9) XX 252.225-7021, Trade Agreements (MAR 2007) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).

(10) NA 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779).

(11) NA 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755).

(12)(i) NA 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (MAR 2007) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).

(ii) NA Alternate I (OCT 2006) of 252.225-7036.

(13) NA 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C.

2534(a)(3)).

(14) XX 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts).

(15) XX 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320).

(16) XX 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321).

(17) XX 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227).

(18) NA 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).

(19) XX 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).

(20)(i) XX 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(ii) NA Alternate I (MAR 2000) of 252.247-7023.

(iii) NA Alternate II (MAR 2000) of 252.247-7023.

(iv) NA Alternate III (MAY 2002) of 252.247-7023.

(21) NA 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C.

2631).

(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(1) 252.225-7014, Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.C.

2533a).

(2) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).

(3) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(4) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C.

2631).

(End of clause)

SOLICITATION ATTACHMENTS

Attachment 1 – TECHNICAL SPECIFICATION FOR ACTIVE ITEM CONVEYOR BUILDINGS 15/17

AT DEFENSE DISTRIBUTION DEPOT SAN JOAQUIN CA DATED18 DEC 2007.

Attachment 2 – Drawing DDJC BLDG 15-17 dated 16 December, 2004.

Attachment 3 – Exhibit A – CDRLs and DIDs

Attachment 4 – Davis Bacon Wage Determination CA080029 Modification 4, March 7, 2008

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS (NOV 2007)

Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

The following three (3) paragraphs under referenced provision 52.212-1 are hereby deleted:

(d) Product samples

(e) Multiple offers

(h) Multiple awards

INSTRUCTIONS TO OFFERORS

INFORMATION AND INSTRUCTIONS FOR PROPOSAL PREPARATION AND SUBMISSION

1. Communications regarding this solicitation.

All questions or comments regarding this solicitation shall cite the solicitation number and be directed to the Contract Specialist, Kimberly LeCates, at the email address: kimberly.lecates@dla.mil

The Government will answer all relevant and appropriate questions regarding this solicitation. All questions shall be submitted electronically on or before Monday, April 21, 2008 to the Contract Specialist.

Questions the Government may have otherwise answered, may not be answered if submitted too late to permit transmittal to all potential offerors reasonably in advance of the due date. Offerors should submit only one e-mail transmission with all of their questions.

2. This section provides guidance for preparing the proposal as well as specific instructions on the format and content of the proposal. The offeror’s proposal shall include all data and information requested herein and shall be submitted in accordance with these instructions. All required elements of the Request for Proposal (RFP) shall be submitted by the offeror with their proposal no later than the date/time shown in Block 8 of the Standard Form 1449, Solicitation/Contract/Order for Commercial Items.

3. The Government is authorizing commercial interim payments for CLIN 0001 only. However, contract financing is not a factor in the evaluation of proposals received, and proposals of alternative financing terms will not be accepted by the Government.

a. Offerors are not obligated to accept commercial interim payments, and may decline the proposed contract financing; doing so will not impact the evaluation of proposals received, nor will it render a proposal nonresponsive or unacceptable.

b. In the event of award to an offeror who declined the proposed contract financing, the contracting financing provisions will not be included in the resulting contract.

c. Contract financing will not be used as a basis for adjusting offerors’ proposed CLIN 0001 price.

4. Offerors shall address how they intend to meet the Government’s requirements and include sufficient details to permit a complete and accurate evaluation of their proposal. Restating the TS requirements is unacceptable and will be grounds for determining the proposal unacceptable and removal from the competitive range.

Proposals must include one (1) hard copy of Volume I and four (4) hard copies of Volume II. Submission of a proposal that does not contain all items requested below may result in elimination from consideration for award.

Contractors must submit proposals in separately bound and tabbed volumes as described below. Offerors shall submit their proposals in two (2) volumes as indicated below:

Volume I - Price Proposal

1. Signed and dated Standard Form 1449 with all required fill-ins completed.

Schedule of Supplies/Services of the solicitation that includes CLINS 0001 through 0004.

2. Completed certifications and representations located at FAR 52.212-3 (Nov 2007) and DFARS 252.212- 7000 (Jun 2005) or indication that said certifications and representations are current and located in the ORCA database.

3. Signed Standard Form 30, Amendment of Solicitation/Modification of Contract for all amendments, if applicable.

Volume II – Technical Proposal. No price information shall be included in the Technical Proposal. The Technical Proposal consists of three (3) Sections – Section 1 – Technical Capability, Section 2 – Past Performance, and Section 3 – Management Plan

1. The technical proposal shall discuss your methodology, including a full explanation of the techniques and procedures you propose to follow. The Technical discussion shall be specific, detailed, and complete enough to clearly and fully demonstrate your understanding of, and capability to perform, the requirements of the contract.

Stating that you understand and will comply with the specifications, or paraphrasing the specifications is inadequate as are phrases such as: “Standard procedures will be employed” and “Well-known techniques will be used.” The Government shall not assume that an offeror possesses any capability unless explicitly stated in the proposal.

2. All requirements specified in the Technical Specifications (TS) are mandatory. By submission of a proposal, the offeror represents that they will perform all requirements specified in the TS.

3. The offeror shall ensure that their price proposal is consistent with their technical proposal as it may be used as an aid to determine the offeror’s understanding of the technical requirements. Discrepancies may be viewed as an offeror’s lack of understanding.

4. The offeror shall identify all areas of the proposal that are exceptions or enhancements to the Technical Specifications and associated Drawings or provide a statement that that they have no exceptions or enhancements.

The offeror shall reference the Technical Specification page and paragraph number or area of the associated Drawing and provide a brief description of difference/enhancement.

An exception is defined as any change to the Technical Specifications and associated Drawings without which the proposed system would not pass a test for compliance with specific parameters.

An enhancement is defined as any proposed change which fulfills a specified requirement in a manner different from the Technical Specifications or associated Drawings, but which results in better performance, safer operation, or lower cost at no sacrifice in performance.

5. The technical proposal shall, as a minimum, contain the information identified below:

FACTOR 1 – TECHNICAL CAPABILITY:

Offerors shall provide a narrative (including any descriptive literature) which demonstrates that the offeror clearly and fully understands and meets all the minimum technical requirements as set forth in the Technical Specifications (TS) and the offeror’s ability to perform the necessary work to fulfill the requirement. This narrative shall include:

a. SUBFACTOR 1A – SYSTEM LAYOUT AND DESIGN

The information provided in this section must demonstrate that the offeror has a thorough understanding of the requirements of the proposed system, and a clear method of achieving those requirements. The offeror should identify any potential bottlenecks in the system, as well as the offerors method of eliminating those bottlenecks at the throughput identified. The offeror’s proposal should describe a realistic approach to integrating the controls of the new system with those of the existing conveyor system. If the offeror proposed alternative designs, they will be evaluated to determine if the system functions and has the same capabilities as the system required by the TS and whether the proposed improvements to the Government concept design clearly improve the functionality of the system. In evaluating the system layout/design, the Government will consider any and all differences, exceptions and enhancements identified by the offerors.

The proposal must provide a system that at a minimum meets the standards set forth in the technical specifications. The system must be composed of readily available commercial parts, which can handle the mix of material and throughput required in the Technical Specifications. The proposal must describe the components of the system including the control system, through commercially available literature, a system drawing (developed in AutoCAD version 2006) and 24” x 36” hard copy drawing, keying the components to the supplied literature, and describe how the proposed system will handle the material, required operations, and the throughput as indicated in the specifications. All non-commercial items used must be described in detail as to use vs. commercially available items. Provide the following information:

a. Describe your proposed system fully. Annotate where you would deviate from the Government’s design concept, and the thought process behind such a deviation.

b. Address the material flow of the system, as well as the throughput capacities at all major processing areas throughout the system.

c. Identify the major components including control system to be used. Provide available commercial literature for these components (manufacturer’s name, address, and phone number, catalog cuts, descriptive brochures, sketches, diagrams, isometrics, photographs, etc.) Provide a drawing of the system proposed with equipment keyed to a listing indicating type equipment, model number length, width, working heights, length of accumulation zones, horsepower ratings and flow of material. The drawing shall be developed on AutoCAD version 2006 software and be submitted in both a hard copy (approximately 24” x 30” in size) and an electronic file copy.

d. Address the safety and ergonomic aspects of the equipment included in the design.

e. For any non-commercial item above, supply information on its origin.

f. Projected Power Requirements i.e., horsepower or amps, by Building Section.

b. SUBFACTOR 1B – CONTROL SYSTEM SOFTWARE DEVELOPMENT PLAN

The offeror must demonstrate a thorough understanding of the requirements of the control system and a clear understanding of the steps required to develop, install, and test the software for the control system.

Describe your steps for developing, installing and testing the PLC software required to provide the conveyor controls as specified in Paragraph 3.5 in the Technical Specifications.

FACTOR 2 – PAST PERFORMANCE

The offeror shall provide information on past performance. Past performance information is used in determining the level of confidence the Government has for successful performance based upon the offeror’s actions under previously awarded relevant contracts.

The Government will only consider relevant past performance data. To be considered relevant, the offeror must demonstrate past execution of similar contracts in terms of complexity, technology, magnitude of effort, schedule and scope. Additionally, the performance must have occurred during the last five (5) years.

The Government may utilize the Federal Past Performance Information Retrieval System (PPIRS), the Contractor Performance Assessment Reporting System (CPARS), data submitted by the offeror, and any other information available to determine the quality and relevance of the offeror’s past performance.

If an offeror determines they have no relevant past performance data, they shall provide the following statement in lieu of the information requested below:

“(Insert offeror’s name) has determined that they possess no relevant past performance information in accordance with the RFP.”

To be compliant with this factor, offerors shall provide the following information:

a. Customer’s name, address, and telephone number of both the lead contractual and technical personnel.

b. Contract number, type, and total original and present or final contract value.

c. Date of contract, place(s) of performance, and delivery dates or period of performance.

d. Brief description of contract work and comparability to the proposed effort. It is not sufficient to state that it is comparable in magnitude and scope. Rationale must be provided to demonstrate that it is comparable.

e. Method of acquisition: competitive or noncompetitive.

f. Nature of Award: initial or follow-on.

g. Discuss any major technical problems and how they were overcome. List any major deviations or waivers to technical requirements that were granted by the customer.

h. State whether delivery was on time, and if not, why; adherence to program schedule, incentive performance (e.g., schedule and technical) history, if applicable.

i. Cost management history; cost overruns and under runs, and cost incentive history, if applicable.

j. List any contracts terminated (partial or complete) within the past five (5) years and basis for termination (convenience or default). Include the contract number, name and address, and telephone number of the terminating contracting officer. Include contracts that were “descoped” by the customer because of performance of cost problems.

FACTOR 3 – BUSINESS MANAGEMENT CAPABILITY:

Offerors shall provide a narrative which demonstrates that the offeror clearly and fully understands the Government’s requirements and include a logical plan for managing the project and the organization structure of their management and installation team.

a. SUBFACTOR 3A – PROJECT MANAGEMENT PLAN AND SCHEDULE

Describe your plan for managing and coordinating the proposed work. Provide a schedule of events, using

Microsoft Project Version 2003 or later, that tracks all efforts necessary to accomplish the work within the associated timeframes. Indicate event dependencies and the estimated time frame for each task with a project completion date equal to the contractual period.

b. SUBFACTOR 3B – ORGANIZATION, STRUCTURE & QUALIFICATIONS

Provide specific information (experience, qualifications, background, etc.) for all key personnel – to include as a minimum, the site superintendent, supervisors/work leaders for the installation (mechanical and electrical) crews and software program personnel assigned to this project, and identify what their specific responsibilities will be. Provide the following information:

a. Provide a resume for the site superintendent. The resume must indicate their experience in managing similar projects requiring integration of materials handling equipment, controls, utilities hookup, and facilities modifications.

b. Provide resumes for the supervisory/work leaders for the installation (mechanical and electrical) crews and software programmers.

c. Identify all…