SP330010R0044Amendment 0001.pdf

SP3300-10-R-0044

Amendment 0001

B-2

SECTION B

SUPPLIES OR SERVICES AND PRICES

B.1 GENERAL OVERVIEW

This Request for Proposal (RFP) is for a Labor Hour contract in support of DLA Distribution and DLA Distribution Oklahoma. This requirement is for all labor to perform rewarehousing actions of mission stock utilizing the Distribution Standard System (DSS) to facilitate upgrades to sprinkler systems and bin replacement in building 416, to improve storage capacity, as the depot transitions to a Strategic Distribution Platform (SDP.) This requirement is solicited as a Service Disabled Veteran Owned Small Business set-aside in accordance with FAR Part 19. This effort is to be performed in accordance with the specifications as detailed in the attached Statement of Work (SOW).

(END OF TEXT)

B.2 PERIOD OF PERFORMANCE

As indicated in Section F, the Period of Performance is anticipated to be as follows:

Phase-In period: 1 November 2010 - 30 November 2010 Contract Period: 1 December 2010 - 31 October 2011 Option Year 1: 1 November 2011 – 31 October 2012 Option Year 2: 1 November 2012 – 31 October 2013

(END OF TEXT)

B.3 TECHNICAL PROPOSAL SUBMISSION

Contractors are required to submit a Technical Proposal that clearly indicates the contractor is qualified and technically capable to perform the services required in accordance with Section C. See Section L for Technical Proposal Instructions.

(END OF TEXT)

B.4 PROPOSAL DUE DATE, TIME AND LOCATION

Proposals are due on WEDNESDAY, SEPTEMBER 29, 2010, at 12:00 PM EST LOCAL TIME.

PROPOSALS MUST BE SUBMITTED IN HARD COPY ONLY. ELECTRONICALLY SUBMITTED

PROPOSALS INCLUDING FACSIMILE AND TELEGRAPH WILL NOT BE ACCEPTED. ALL

PROPOSALS SHALL BE SUBMITTED TO THE FOLLOWING ADDRESS:

DLA DISTRIBUTION

Attn: Kimberly A. LeCates Building 404; Avenue J New Cumberland, PA 17070

(END OF TEXT)

B.5 SINGLE AWARD

The Government intends to make a single award from this Request for Proposals.

B.6 CENTRAL CONTRACTOR REGISTRATION

B-3

Failure to register in the Central Contractor Registration database by the Proposal due date and time will make an Offeror ineligible for award. Reference Section I, FAR Clause 52.204-7 and DFARS clause 252.204-7004.

(END OF TEXT)

B.7 BLOCK 15A of SF33 Contractors shall type company name and address in Block 15A of SF33 (page 1) exactly as it appears in the DoD Central Contractor Registration (CCR) Database.

B.8 SERVICE CONTRACT ACT

This procurement is subject to the Service Contract Act Wage Determination 2005-2431, Revision 12, dated 6/22/10 is included as an attachment 2 to this solicitation.

(END OF TEXT)

B.9 LIMITATIONS ON SUBCONTRACTING

In order to monitor limitations on subcontracting in accordance with FAR 52.219-27 (RFP Page I-2, Clause I.17), the Service-Disabled Veteran-Owned Small Business (SDVOSB) prime contractor must demonstrate semi-annually whether it has performed 50 percent of personnel costs with its own employees or employees of other SDVOSB concerns. Accordingly, a semi-annual report detailing the total dollar value and corresponding percentages for the cost of all personnel between the SDVOSB prime and any major subcontractors that are not SDVOSB concerns shall be submitted to the Contract Specialist identified on page 1, (block 7 and 10a). The total cost for personnel should be based on the cost of contract performance at the end of each six (6) month period starting from the date of contract award. (Note – this does not mean the contractor must meet this requirement cumulatively for all work performed at any given point in time, but the limitations on subcontracting percentage must be cumulatively demonstrated by the end of the base and each option period thereafter.) A sample report, provided as attachment 3, may be used for this purpose or any other format may be used that clearly captures the distribution of employee labor.

B.10 SERVICE DISABLED-VETERAN OWNED SMALL BUSINESS CERTIFICATION

Prior to contract award, the service disability status and ownership of the apparent successful offeror will be confirmed through the Online Representations and Certifications Applications (ORCA), the Central Contractor Registration (CCR), and the Veterans Business Network. If the apparent successful offeror has ORCA and CCR records confirming self representation of Service-Disabled Veteran-Owned Small Business (SDVOSB) status but the offeror is not registered with the Veterans Business Network (http://www.vip.vetbiz.gov/), further confirmation of disabled status and 51% SDVOSB ownership shall be required. Accordingly, a copy of the Veterans Administration (VA) Disability Rating letter attesting to the disabled status of an individual(s) will be accepted as proof of service connected disability. (Recommend blackout of any personal information such as SSN and DOB on the letter). If the Disability Rating letter has not yet been processed by the VA, other means of verifying the disabled status of the successful offeror shall be requested by the offeror and accepted at the discretion of the Contracting Officer. To confirm company ownership, a copy of the application for the verification program (Form VA0877) or a

B-4 written statement on company letterhead identifying SDVOSB ownership (and the percentage of ownership) as described under FAR clause 52.219-27 (a)(1)(i) & (ii) will be accepted.

SCHEDULE OF SUPPLIES/SERVICES

Note: The following project description is for the purpose of general information and is not intended to include and describe every feature or item or to define the scope of work.

PROJECT DESCRIPTION: This project consists of performing the following items, but is not limited to these items alone: All project management, supervisor, labor, and personnel to perform rewarehousing actions of mission stock utilizing the Distribution Standard System (DSS) to facilitate upgrades to sprinkler systems and bin replacement in building 416, to improve storage capacity, as the depot transitions to a Strategic Distribution Platform (SDP). This effort is to be performed IAW with the specifications as detailed in the Statement of Work (SOW).

CLIN SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE TOTAL PRICE

0001 Phase In Period 1 Lot $________ $________ 1 Nov 2010 – 30 Nov 2010;

to phase in services so as to Begin full performance on 1 December 2010.

This is a Firm-Fixed-Price (FFP) CLIN

0002 Labor for warehouse support services at DLA Distribution Oklahoma City, OK To be performed IAW the attached Statement of Work (SOW). 1 Dec 2010 – 31 Oct 2011.

Below are estimated numbers of hours for Each labor Category to be utilized on this contract.

Contractor shall propose burdened labor rates for Each labor category. If the contractor’s proposes Different labor category titles, contractor shall Identify its labor category title, ensuring that the skills and

Experience match those requirements delineated In the SOW.

Est. Hrs.

0002AA Project Supervisor (1 FTE) 1760 Hours $ $

0002AB Warehouse Specialist (8 FTE) 14080 Hours $ $

Total Base Year Ceiling Price $

1002 Labor for warehouse support services at DLA Distribution Oklahoma City, OK To be performed IAW the attached Statement of Work (SOW).

Option Year One: 1 Nov 2011 – 30 Nov 2012.

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Each labor Category to be utilized on this contract.

Contractor shall propose burdened labor rates for Each labor category. If the contractor’s proposes Different labor category titles, contractor shall Identify its labor category title, ensuring that the skills and

Experience match those requirements delineated In the SOW.

Est. Hrs.

1002AA Project Supervisor (1 FTE) 1920 Hours $ $

1002AB Warehouse Specialist (8 FTE) 15360 Hours $ $

Total Option Year One Ceiling Price $

2002 Labor for warehouse support services at DLA Distribution Oklahoma City, OK To be performed IAW the attached Statement of Work (SOW).

Option Year Two: 1 Nov 2012 – 31 Oct 2013.

Each labor Category to be utilized on this contract.

Contractor shall propose burdened labor rates for Each labor category. If the contractor’s proposes Different labor category titles, contractor shall Identify its labor category title, ensuring that the skills and

Experience match those requirements delineated In the SOW.

Est. Hrs.

2002AA Project Supervisor (1 FTE) 1920 Hours $ $

2002AB Warehouse Specialist (8 FTE) 15360 Hours $ $

Total Option Year Two Ceiling Price $

TOTAL CONTRACT CEILING PRICE $__________________

END OF SCHEDULE OF SUPPLIES/SERVICES

C-6

SECTION C

DESCRIPTION/SPECIFICATIONS

C.1 SPECIFICATIONS. The following document is provided as part of the solicitation package and shall be used in the execution of work under this contract:

DEFENSE LOGISTICS AGENCY

NEW CUMBERLAND, PA 17070-5011

STATEMENT OF WORK

FOR

DISTRIBUTION SERVICES (REWAREHOUSING)

LOCATED AT SECTION J OF THIS SOLICITATION

ATTACHMENT (a) 1

END OF SECTION C

D-7

SECTION D

PACKAGING AND MARKING

NO APPLICABLE CLAUSES

END OF SECTION D

E-8

SECTION E

INSPECTION AND ACCEPTANCE

E.1 52.246-6 INSPECTION OF SERVICES – TIME-AND-MATERIAL AND LABOR

HOUR (MAY 2001)

END OF SECTION E

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SECTION F

DELIVERIES OR PERFORMANCE

F.1 Period of Performance: The Period of Performance is anticipated to be as follows:

Phase-In period: 1 November 2010 - 30 November 2010 Contract Period: 1 December 2010 - 31 October 2011 Option Year 1: 1 November 2011 - 31 October 2012 Option Year 2: 1 November 2012 - 31 October 2013

END OF SECTION F

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SECTION G

CONTRACT ADMINISTRATION DATA

G.1 DFARS 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE

(DEC 1991)

(a) Definition. Contracting officer's representative means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

(End of Clause)

G.2 DLA DISTRIBUTION 52.232-9W32 INVOICING INSTRUCTION (AUG 2008)

(a) Invoices shall be submitted not later than the fifth (5th) working day after the end of the previous month. The amount claimed to be due shall be indicated for the Contract and Contract Line Item Numbers (CLINs) and Sub CLINs. The public voucher and Standard Form 1034 shall be used to document each invoice.

(b) Reimbursement requests for Direct Labor or Subcontract Direct Labor shall be fully documented with contractor payroll records showing name, labor category, fully burdened labor rate, and hours worked or evidence of payments to subcontractors to support the hours claimed for CLIN 0002.

(c) Two (2) copies of each invoice shall be forwarded to the COR for certification and one (1) copy of each invoice shall be forwarded to the Contract Specialist administering the contract for the contract file.

The COR will be responsible to indicate the date received and the date accepted, and process within five

(5) working days. Upon acceptance/approval, the COR will forward to the appropriate Defense Contract Audit Agency, (DCAA) for review and approval. Upon acceptance/approval, DCAA shall forward the invoice to the appropriate Defense Finance and Accounting Services (DFAS) office as indicated on the Standard Form 33 of the contract for payment and will also forward an information copy to the DLA DISTRIBUTION Contract Specialist.

(d) In addition to the requirements of FAR 52.232-25, Prompt Payment, submissions of invoices shall include the following information:

1. Contract CLIN or SubCLIN for each item invoiced.

2. BOSS Financial Document Number (to be supplied to contractor at time of award).

3. The following Monthly Reports shall be attached:

a. CLIN 0002 Labor Report

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4. Contract Number, Delivery Order Number and/or Modification Number.

5. Description of work.

6. A certificate of performance, stating:

“This is to certify that the services set forth herein were performed during the period stated on this contract/order.”

Contractor’s Authorized Representative Date

7. A certificate for the COR’s signature stating:

“I certify that the labor charges and other costs specified herein are reasonable and accurately reflect the work accomplished by the contractor on this contract.”

(COR Signature) (Date)

8. The Contractor’s final invoice shall be identified as such, and shall list all other invoices previously tendered under this contract.

G.3 DLA DISTRIBUTION 52.242-9W01 CONTRACTOR PERFORMANCE ASSESSMENT

REPORTING SYSTEM

(CPARS) REQUIREMENTS (MAY 2008)

(a) The contractor, in performing this contract, will be subject to a past performance assessment in accordance with FAR 42.15 and the Contractor Performance Assessment Reporting System (CPARS) Guide at http://www.cpars.navy.mil/cparsfiles/pdfs/navycparsmanual.pdf. All information contained in the assessment may be used by the Government, within the limitations of FAR 42.15, for future source selections in accordance with FAR 15.304 where past performance is an evaluation factor. Assessments will be conducted as prescribed by CPARS guidance.

(b) The contractor will be provided with a copy of the assessment. The contractor will have 30 calendar-days to submit comments, additional information, or rebut statements if warranted or desired. The contractor must strictly control access to the assessment while in the Contractor's possession and must ensure that the assessment is never released to persons or entities outside of the contractor's control.

After receipt of Contractor's comments or expiration of the 30 day comment period, whichever occurs first, and depending on the Contractor's response the Government will:

(i) If no comments are received; close the CPAR by the Assessing Official Rep and Reviewing Official

(ii) If the Contractor concurs with the assessment; accept/update and close the CPAR and forward comments to all reviewers

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(iii) If Contractor does not concur with the assessment, coordinate a final response with Reviewing Official, Assessing Official Representative, and Assessing Official.

(iv) Enter the final government response and close CPARS.

After completion of one of the appropriate actions, the Assessing Official will notify all individuals that the report is complete. The assessment is considered complete when signed by the Assessing or Reviewing Official.

The official responsible for the corporate operating unit being assessed can submit a written request to receive a copy of the completed CPARS assessment. The assessment is not subject to the Disputes clause of the contract, nor is it subject to appeal beyond the review and comment procedures described above and in the CPARS Guide.

Refer to http://www.cpars.csd.disa.mil/ for details and additional information related to CPARS, CPARS user access (which includes obtaining a PKI certificate), how contract performance assessments are conducted, and how contractors participate.

G.4 DLA DISTRIBUTION 52.242-9W39 CONTRACT ADMINISTRATION PLAN (AUG 2008)

In order to expedite administration of this contract, the following delineation of functions is provided. The individual/position designated as having responsibility should be contacted for any questions, clarifications, or information regarding the administration function specified. The names, addresses and phone numbers for these individuals or offices are as follows:

Procuring Contracting Officer (PCO):

Name: Thomas F. Martino Address: DLA Distribution 2001 Mission Drive, Bldg 404

DLA DISTRIBUTION-J7 (DLA DISTRIBUTION-AB)

New Cumberland, PA 17070-5000 Code: DLA DISTRIBUTION-J7 (DLA DISTRIBUTION-AB) Phone: (717)770-4673

Paying Office:

Name: DFAS - COLUMBUS CENTER Address: PO BOX 369016

COLUMBUS, OH 43236-9016

Phone: 800-756-4571 - select option 2 and then option 2.

Primary Contracting Officer's Representative (COR):

Name: Mr.

Address: DLA

Phone: () - To Be Provided Cell: () -

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Fax: () -

Alternate Contracting Officer's Representative (ACOR):

Name:

Address:

Phone: () - To Be Provided Cell: () - Fax: () -

(a) Procuring Contracting Officer (PCO) should be contacted for general information and shall perform the following functions:

(1) Designates the COR. NOTE: COR authority is not redelegable.

(2) Provide administrative changes to the contract administration plan.

(3) Maintains the official contract file, ensuring contract ceiling is not exceeded.

(4) Issues technical instructions, ensuring that each technical instruction is within the scope of the contract.

(b) Paying Office should be contacted for inquiries/information with regard to payment of those vouchers approved by the PCO.

(c) Contracting Officer's Representative (COR) should be contacted for inquiries/information pertaining to the following functions:

(1) The COR will act as the Contracting Officer's Representative for technical matters, providing technical direction and discussion, as necessary, with respect to the specification or statement of work, and monitoring the progress and quality of contractor performance. The COR is not a Contracting Officer and does not have authority to direct the accomplishment of effort which is beyond the scope of the statement of work in the contract (or modifications).

(2) Technical advice regarding estimated level of effort and labor mix and/or the cost and need for materials, travel, equipment, etc. for each delivery order and any modifications.

(3) Reports on the contractor's performance and lessons learned.

(4) Certification of the Certificate of Performance/invoice.

(5) Inspection and/or acceptance of the services/deliverables as the official Government representative.

(d) In the event that the COR named above is absent due to leave, illness or official business, all responsibilities and functions assigned to the COR will be the responsibility of the Alternate COR

(ACOR).

It is emphasized that only the Contracting Officer has the authority to modify the terms of the contract;

therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the basic contract between the contractor and any other person be effective or binding on the Government. When/if, in the opinion of the contractor, any effort outside the existing scope of the contract is requested, the contractor shall promptly notify the PCO in writing. No action must be taken by the contractor unless the PCO has issued a contractual change.

END OF SECTION G

H-14

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 BASE REGULATIONS. 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 TEXT)

H.2 SECURITY PROCEDURES FOR CONTRACTORS WORKING AT TINKER AIR FORCE BASE

All persons, entering the installation must obtain and possess a DoD Common Access Card (CAC) if required and an Access Identification Badge from Security, Pass and ID. The contractor shall follow local procedures as provided by the Contracting Officer’s Representative (COR) to obtain and renew Identification Badges for all direct hire and subcontractor employees and visitors.

H.3 DLA DISTRIBUTION 52.232-9W10 INSTRUCTION FOR PAYMENT BY DFAS (JUN 2007)

This contract/order will be paid by DFAS.

Invoices for supply contracts shall be submitted at time goods are shipped.

Invoices for service contracts shall be submitted in accordance with instructions provided in the contract/order.

At a minimum, each invoice shall include the following information:

- Contractor name, address, and CAGE code

- Invoice date and invoice number

- Contract number/order number

- Contract Line Item Numbers (CLINs) with corresponding BOSS document numbers

- CLIN description, quantity, unit of measure, unit price and extended total prices

- Additional information required by the Prompt Payment Act at FAR 52.232-25

Unless indicated elsewhere in this contract/order, invoices shall be faxed or emailed to the contract specialist identified on page 1 of this document in the block titled "Administered by".

In accordance with the Prompt Payment Act (FAR 52.232-25), payment will normally be made within thirty (30) days after receipt of proper invoice or acceptance of supplies/services, whichever is later.

All inquiries regarding payments shall be directed to:

DFAS - ATTN: DFAS-CVDAAD/CO

P.O. Box 369016 Columbus, OH 43236-9016 email: DFAS-CO_LC@dfas.mil Phone: 800-756-4571 - select option 2 and then option 2.

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Check payment status on the web at www.dod.mil/dfas under "Money Matters."

H.4 DLA DISTRIBUTION 52.237-9W35 SUBSTITUTION OR ADDITION OF KEY PERSONNEL

(AUG 2008)

(a) Key Personnel assigned to or utilized by the Contractor in the performance of this contract shall, as a minimum, meet the experience, education or other background requirements set forth below and shall be fully capable of performing in an efficient, reliable and professional manner. Key Personnel categories for this contract is the Project Supervisor.

(b) At a minimum, the Project Supervisor shall possess the required qualifications as stated in the attached Statement of Work (SOW).

(c) The Contractor agrees to assign to the contract those persons whose resumes, personnel data forms or personnel qualifications statements were submitted as required by SECTION L of the solicitation to fill the Key Personnel requirements of the contract. No substitutions or additions of Key Personnel shall be made except in accordance with this clause.

d) The Contractor agrees that during the first 90 days of the contract performance period, no personnel substitutions or additions will be performed unless such substitutions or additions are necessitated by an individual’s sudden illness, death, or termination of employment. In any of these events, the Contractor shall promptly notify the Contracting Officer and provide the information required by paragraph (f) below.

(e) If the personnel for whatever reason become unavailable to work under the contract for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the work than indicated in the proposal, the Contractor shall propose a substitution of such personnel, in accordance with paragraph (f) below.

(f) All proposed substitutions or additions shall be submitted, in writing, to the Contracting Officer at least fifteen (15) days (thirty (30) days if a security clearance must be obtained) prior to the proposed substitution or addition. Each request shall provide a detailed explanation of the circumstances necessitating the proposed substitution or addition, and a complete resume, including annual salary, for the proposed substitute or addition as well as any other information required by the Contracting Officer to approve or disapprove the proposed substitution or addition. All proposed substitutes or additions (no matter when they are proposed during the performance period) shall have qualifications that are equal to or higher than the qualifications of the person being replaced or the average qualifications of the people in the category which is being added to.

(g) In the event a requirement to increase the specified level of effort for a designated labor category, but not the overall level of effort of the contract occurs, the Contractor shall submit to the Contracting Officer a written request for approval to add personnel to the designated labor category. The information required is the same as that required in paragraph (f) above. The additional personnel shall have qualifications greater than or equal to at least one (1) of the individuals proposed for the designated labor category.

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(h) The Contracting Officer shall evaluate requests for substitution and/or addition or personnel and promptly notify the Contractor, in writing, of whether the request is approved or disapproved.

(i) If the Contracting Officer determines that suitable and timely replacement of personnel who have been reassigned, terminated or have otherwise become unavailable to perform under the contract is not reasonably forthcoming or that the resultant reduction or productive effort would impair the successful completion of the contract, the contract may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate. Alternatively, at the Contracting Officer’s discretion, if the Contracting Officer finds the Contractor to be at fault for the condition, the Contracting Officer may equitably adjust (downward) the contract price or fixed fee to compensate the Government for any delay, loss or damage as a result of the Contractor’s action.

(End of Clause)

H.5 DLAD 52.204-9000 CONTRACTOR PERSONNEL SECURITY (MAY 2009)

(a) Work that is performed under this contract/task order, in full or in part, must be performed at the Defense Logistics Agency (DLA) HQ or DLA office(s), and therefore requires physical access to a federally-controlled facility. DLA and its field activity offices require all contractor personnel working on the federally-controlled facility to have a favorably adjudicated investigation prior to commencing work on a contract. Additionally, all DoD consultants and contractor personnel who access federally-controlled information systems must be assigned to positions which are designated at one of three sensitivity levels:

IT-I (privileged), IT-II (limited privileged) and IT-III (non-privileged) (Ref DODI 8500.2, Para E2.1.36.). For IT-I, a Single Scope Background Investigation (SSBI) is required; for IT-II a National Agency Check with Law and Credit Checks (NACLC) is required; and for IT-III designated positions, a National Agency Check with written Inquiry (NACI) is required.

(b) At the option of the Government, previously completed security investigations may be accepted in lieu of new investigations if determined to be essentially equivalent in scope to the required investigation. The length of time elapsed since the previous investigation will also be considered in determining whether a new investigation is warranted. In order to assist the Government in making this determination, the contractor must provide the following information to the contracting officer immediately upon receipt of the contract or when an employee is proposed for work requiring access to a federally-controlled facility or information system. This information must be provided for each contractor employee who will perform work on a federally-controlled facility and/or will require access to federally-controlled information systems:

(1) Full name, with middle initial

(2) Social Security Number

(3) Citizenship status

(4) Date of Birth

(5) Place of Birth

(6) Proof of the individual’s favorably adjudicated background investigation, consisting of identification of the type of investigation performed, date of the favorable adjudication, and name of the agency that performed the investigation.

(7) Company name and address

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(8) Company phone and fax numbers

(9) Company email address

(10) Location of on-site workstation or phone number if off-site (if known prior to award)

(11) Delivery order or contract number and expiration date

(12) Name of contracting officer

(c) The Government will notify the contractor as soon as a determination is made regarding acceptance of the previous investigation. If a new investigation is deemed necessary, the Contractor will be notified by the contracting officer or contracting officer’s representative (CO/COR). It is the contractor’s responsibility to ensure that adequate information is provided and that each contractor employee completes the appropriate paperwork in order to begin the investigation process. The contractor shall submit each request for investigation, through the CO/COR, to the DLA site Security Office. Submission shall include a Contractor Request Form, with supporting documentation, which states what information technology level and access is required for the position. Request shall include:

(1) SF 85P, Questionnaire for Public Trust Positions;

(2) FD Form 258, Fingerprint Card (the DLA site Security Office will perform all fingerprinting);

(3) Proof of Citizenship (birth certificate or passport are acceptable, and must be the original or a certified copy); and

(4) Appropriate documentation from the Immigration and Naturalization Service if the applicant is a foreign national.

Required documentation, set forth above, must be provided to the DLA site Security Office.

(d) If an investigation is required for unescorted entry purposes, the National Agency Check with written Inquiry (NACI) results will be forwarded to the HQ DLA Enterprise Support (DES) Public Safety Office, Personnel Security Division (DES-SC) for review and determination regarding the applicant’s eligibility to occupy the specified position in performance of the DLA contract. If an SSBI, NACLC or NACI is required for logical/IT access, the results of the investigation are returned to the Defense Industrial Security Clearance Office (DISCO) for review and determination regarding the applicant’s eligibility to access DLA information systems. Determinations made by DISCO will be reflected in the Joint Personnel Adjudications System (JPAS).

(e) A waiver to allow assignment of an individual to commence work prior to completion of the NACI investigation may be granted in emergency situations when it is determined that a delay would be harmful to national security. A request for waiver will be considered only after the Government is in receipt of the individual’s completed forms. The DLA site Security Office and the contracting officer reserve the right to determine whether a waiver request will be forwarded for processing. The individual requesting the waiver may not be assigned to a position, may not physically work at the federally-controlled facility and/or be granted access to federally-controlled information systems, until the waiver has been granted.

(f) The requirements of this clause apply to the prime contractor and any subcontractors the prime contractor may employ during the course of this contract, as well as any temporary employees that may

H-18 be hired by the contractor. When the Government, in its sole discretion, determines that the contractor’s continued presence on a federally-controlled facility or access to federally-controlled information systems presents an unacceptable security risk, the Government retains the right to require removal of contractor personnel, regardless of prior clearance or adjudication status. The reason for removal shall be fully documented in writing by the contracting officer. When and if such removal occurs, the contractor shall assign qualified personnel, with the required NACI, to any vacancy thus created.

(g) All contractor personnel who are granted access to Government Federally-controlled information systems shall observe all local automated information system (AIS) security policies and procedures as provided by the DLA site Information Systems Security Officer. Violations of local AIS security policy, such as password sharing, performing personal work, file access violations, or browsing files outside the scope of the contract, may result in removal of the employee from Government property and referral to the contractor for appropriate disciplinary action. Actions taken by the contractor in response to a violation will be evaluated and will be reflected in the contractor’s performance assessment for use in making future source selection decisions. In addition, based on the nature and extent of any violations of AIS security policy, the Government will consider whether it needs to pursue any other actions under the contract such as a possible termination.

(h) The contractor is required to obtain a Common Access Card (CAC) in accordance with procedures established at the DLA HQ or field activity office.

(i) Any new or replacement contractor employee must meet the NACI requirements of this clause, and may not begin work on the contract without written documentation signed by the contracting officer, stating that the new employee has met one of the criteria set forth in paragraphs (b), (c), or (e) of this clause, i.e., acceptance of a previously completed security investigation, satisfactory completion of a new investigation, or a waiver allowing commencement of work pending completion of an investigation.

Individuals removed from this contract as a result of a violation of local AIS security policy are removed for the duration of the contract.

(j) The contractor shall notify the contracting officer in writing, within 12 hours, when an employee working on this contract resigns, is reassigned, is terminated, or no longer requires admittance to the federally-controlled facility or access to federally-controlled information systems. The contractor is responsible for the turning in of identification badges, CAC Card and vehicle decal. The contractor must also complete the Information Operations Out-processing Checklist, which can be obtained by contacting the Information Assurance Operations Office (J6FA). The checklist must be completed, initialed and dated before submitting at the final checkout point.

(k) These security requirements do not excuse the contractor from meeting the delivery schedule set forth in the contract, or waive the delivery schedule in any way. Contractor shall meet the required delivery schedule unless the contracting officer grants a waiver or extension.

H.6 DLA DISTRIBUTION 52.245-9W42 DAMAGE TO CONTRACTOR SUPPLIES, MATERIALS,

EQUIPMENT, AND PROPERTY (AUG 2008)

The Government will not be responsible in any way for damages to the Contractor's supplies, materials, equipment, and property or to contractor or employees' personal belongings that are caused by fire, theft, accident, or other disaster/misfortune. The term “Contractor” includes subcontractors.

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END OF SECTION H

I-20

SECTION I

CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE:

I.1 FAR 52.202-1 DEFINITIONS (JULY 2004)

I.2 FAR 52.203-3 GRATUITIES (APR 1984)

I.3 FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

I.4 FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES

TO THE GOVERNMENT (SEP 2006)

I.5 FAR 52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)

I.6 FAR 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY

OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

I.7 FAR 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

ACTIVITY (JAN 1997)

I.8 FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2007)

I.9 FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER

(AUG 2000)

I.10 FAR 52.204-9 PERSONAL VERIFICATION OF CONTRACTOR

PERSONNEL (SEPT 2007)

I.11 FAR 52.204-10 REPORTING COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (JUL 2010)

I.12 FAR 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST

WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006)

I.13 FAR 52.215-2 AUDIT AND RECORDS- NEGOTIATIONS (MAR 2009)

I.14 FAR 52.215-8 ORDER OF PRECEDENCE – UNIFORM

CONTRACT FORMAT (OCT 1997)

I.15 FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS

(MAY 2004)(DEVIATION)

I.16 RESERVED

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I.17 FAR 52.219-27 NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESS SET-ASIDE (MAY 2004)

I.18 FAR 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

I.19 FAR 52.222-3 CONVICT LABOR (JUN 2003)

I.20 FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

I.21 FAR 52.222-26 EQUAL OPPORTUNITY (MAR 2007)

I.22 FAR 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS,

VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE

VETERANS (SEP 2006)

I.23 FAR 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH

DISABILITIES (JUN 1998)

I.24 FAR 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS,

VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE

VETERANS (SEP 2006)

I.25 FAR 52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007)

I.26 FAR 52.222-43 FAIR LABOR STANDARDS ACT and SERVICE CONTRACT ACT

– PRICE ADJUSTMENT (MULTIPLE YEAR and OPTION CONTRACTS)

(SEP 2009)

I.27 FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

I.28 FAR 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)

I.29 FAR 52.223-3 HAZARDOUS MATERIAL IDENITIFICATION AND

MATERIAL SAFETY DATA (JAN 1997)

I.30 FAR 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION (AUG 2003)

I.31 FAR 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

I.32 FAR 52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

I.33 FAR 52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

I.34 FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN

PURCHASES (JUN 2008)

I.35 FAR 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

I-22

I.36 FAR 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT

AND COPYRIGHT INFRINGEMENT (DEC 2007)

I.37 FAR 52.228-5 INSURANCE – WORK ON A GOVERNMENT

INSTALLATION (JAN 1997)

I.38 FAR 52.229-3 FEDERAL, STATE AND LOCAL TAXES

(APR 2003)

I.39 FAR 52.232-1 PAYMENTS (APR 1984)

I.40 FAR 52.232-7 PAYMENTS UNDER TIME AND MATERIALS AND LABOR

HOUR CONTRACTS (FEB 2007) ALT I (FEB 2007)

I.41 FAR 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

I.42 FAR 52.232-17 INTEREST (OCT 2008)

I.43 FAR 52.232-23 Alt I ASSIGNMENT OF CLAIMS (JAN 1986)

ALTERNATE I (APR 1984)

I.44 FAR 52.232-25 PROMPT PAYMENT (OCT 2008)

I.45 FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—

CENTRAL CONTRACTOR REGISTRATION

(OCT 2003)

I.46 FAR 52.233-1 DISPUTES (JULY 2002)

I.47 FAR 52.233-3 PROTEST AFTER AWARD (AUG 1996)

I.48 FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT

CLAIM (OCT 2004)

I.49 FAR 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION ( APR 1984)

I.50 FAR 52.242-3 PENALTIES FOR UNALLOWABLE COSTS (MAY 2001)

I.51 FAR 52.242-13 BANKRUPTCY (JUL 1995)

I.52 FAR 52.242-15 STOP WORK ORDER (AUG 1989)

I.53 FAR 52.243-3 CHANGES – TIME-AND-MATERIALS OR LABOR HOURS

(SEPT 2000)

I.54 FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2010)

I.55 FAR 52.245-1 GOVERNMENT PROPERTY (AUG 2010)

I-23

I.56 FAR 52.245-9 USE AND CHARGES (AUG 2010)

I.57 FAR 52.246-25 LIMITATION OF LIABILITY-SERVICES (FEB 1997)

I.58 FAR 52.249-6 TERMINATION (COST REIMBURSEMENT)

(MAY 2004) ALT IV (SEP 1996)

I.59 FAR 52.249-14 EXCUSABLE DELAYS (APR 1984)

I.60 FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

I.61 DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF

FORMER DOD OFFICIALS (JAN 2009)

I.62 DFARS 252.203-7001 PROHIBITION ON PERSONS CONVICTED OF

FRAUD OR OTHER DEFENSE-CONTRACT-RELATED

FELONIES (DEC 2008)

I.63 DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (JAN 2009)

I.64 DFARS 252.204-7000 DISCLOSURE OF INFORMATION (DEC 1991)

I.65 DFARS 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK

PRODUCT (APR 1992)

I.66 DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE

AGREEMENT HOLDERS (DEC 1991)

I.67 DFARS 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE

OWNED OR CONTROLLED BY THE GOVERNMENT OF A

TERRORIST COUNTRY (DEC 2006)

I.68 DFARS 252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)

I.69 DFARS 252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF

TOXIC AND HAZARDOUS MATERIALS

(APR 1993)

I.70 DFARS 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC

COMMODITIES (JUN 2010)

I.71 DFARS 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS,

INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE

HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004)

I.72 DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

I.73 DFARS 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

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I.74 DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT

(MAR 1998)

I.75 DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA

(MAY 2002)

CLAUSES INCORPORATED BY FULL TEXT:

I.76 FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

DFARS 252.204-7004 ALTERNATE A (SEP 2007) substitutes the following paragraph

(a) for paragraph (a) of the FAR 52.204-7 clause:

(a) Definitions. As used in this clause— “Central Contractor Registration (CCR) database” means the primary Government repository for

Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and

Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by

D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the

DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer

Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”.

The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the Offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the Offeror is registered in the CCR database.

(c) If the Offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An Offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the Offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The

Offeror should indicate that it is an Offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The Offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

I-25

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data.

To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database;

(B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

I. 77 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of the expiration of the contract.

(End of Clause)

I.78 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within thirty

(30) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three (3) years.

I.79 FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REPRESENTATION (APR 2009)

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

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(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall…