RFP_SP330015R5008_final.pdf

SP3300-15-R-5008

SF 1449, SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

CONTINUATION SHEET

NOTICE TO OFFERORS

1. This Request for Proposal (RFP) is for a Firm-Fixed-Price contract for necessary work, material, equipment and controls that shall be required to install and make operational a track shoe preservation system. The function of the track shoe preservation system is to transport track shoe bundles by inbound accumulating conveyor to dip tank, apply government-furnished P-1 preservative/solvent mix to material, dwell, dry material, and transport material to outbound conveyor lines to be shipped. Also included in this project is demolition and disposal of the existing system in accordance with all EPA and Federal Government regulations, and a new compressed air system. The Government design for this system is shown on drawing DS15-1-1, and is included as a part of this Statement of Work.

Contractor supplied equipment shall interface with and be completely compatible with all Government facilities. This specification establishes the minimum performance requirements for the system at: DLA Distribution Depot Red River (DDRT), on the site of Red River Anny Depot. DDRT is located approximately 18 miles west of Texarkana, Texas.

This requirement is solicited as a 100 percent small business set-aside.

2. PERIOD OF PERFORMANCE: In accordance with Attachment 1, Statement Of Work (SOW), Final

Acceptance of this requirement is 270 days after contract award with an option for additional CLINs to be exercised within 180 days of contract award. This option, if exercised will be for the full amount designated in the schedule.

3. WORKING HOURS:

The work to be performed shall be during the regular working hours which consist of a 8 ½ hour period established by the Contracting Officer, Monday through Friday, normally 0700 to 1530, excluding Government holidays.

4. SITE VISIT:

Reference Attachment 6 – Site Visit Information

5. PROPOSAL DUE DATE, TIME, LOCATION: Proposals are due on July 17, 2015, at 1:00 PM EST.

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 ADDRESSS:

Defense Distribution Center Attn: Mogen Gilson Building 404; Avenue J New Cumberland, PA 17070

SF1449, Block 17A: Contractors shall type company name and address in Block 17A of SF1449 (page 1) exactly as it appears in the DoD System Award Management (SAM) Database.

6. SYSTEM AWARD MANAGEMENT REGISTRATION: As stated in FAR 52.212-1, Instruction to Offeror, Paragraph (k), a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment if any contract resulting from this solicitation. Offerors may obtain information on registration and approval confirmation requirements via the internet at http://www.sam.gov or by calling 1-888-227-2423 or 269-961- 5757.

Failure to register in the SAM database will make an offeror ineligible for award.

7. OPTIONAL CLINs:

CLINs 0003 and 0004 are optional CLINs and may be exercised up to 180 days after contract award.

8. WARRANTY: Notwithstanding inspection and acceptance by the Government or any provision of this contract concerning the conclusiveness thereof, the Contractor shall warranty for a period of one year after final acceptance by the Government all systems and services provided under this contract.

During the warranty period and in the event the Contractor is not able to make remedial action himself, he shall make arrangements to have the work accomplished. The Contractor shall furnish to the Contracting Officer’s Representative (COR), the name and address of the selected individual and/or firm who can arrive at DDRT within 24 hours after notification of breakdown of the system to perform the necessary repairs.

9. FAR 52.211-11 -- Liquidated Damages -- Supplies, Services, or Research and Development. (SEP 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 $200.00 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)

10. INVOICING:

Reference Attachment 4 - WAWF

The Government is not soliciting for the “same old way” of doing business. The Government encourages proposals that will achieve savings through innovative processes. Furthermore, DLA Distribution personnel are working to eliminate unnecessary requirements and negotiating for a reduction in supplies and services prices. Therefore, your assistance is requested in reducing prices and improving our buying processes.

SCHEDULE FOR SUPPLIES AND SERVICES

ITEM NO SUPPLIES/SERVICES QTY UNIT UNIT PRICE TOTAL PRICE

0001 All labor, material, engineering and 1 EA $__________ $___________ equipment to include installation of Track Dip Preservation System in accordance with Attachment 1, Statement of Work, 1.4.1.

270 DAYS AFTER AWARD

0002 All labor, material, engineering, 1 EA $__________ $___________ and equipment to include disassembly and removal of existing system in accordance with Attachment 1, Statement of Work, 1.4.2.

60 DAYS AFTER AWARD

0003 All labor, material, engineering, 1 EA $__________ $___________ and equipment to include installation of compressorsystem in accordance with Attachment 1, Statement of Work,

1.4.3. (OPTION),

270 DAYS AFTER AWARD

0004 Warranty – Period of Performance is 1 EA $__________ $___________ one (1) year after Government receipt of the entire system. (OPTION)

0005 Contract Data Requirements List 1 LOT NSP NSP

(CDRL)

accordance with DD Forms 1423 and DD Forms1664, Attachment 3, (NOTE: ALL COST FOR DATA MUST BE INCLUDED IN THE PRICE OF THE SYSTEM.

CONTRACTOR SHALL NOT PRICE THESE ITEMS SEPARATELY.)

A001 Installation Schedule DI-S-SAT1 A002 Dwg. Eng. $ Associated List DI-E-SAT2 A003 Dwg. Eng. $ Associated List DI-E-SAT2 A004 Commercial Manual DI-E-SAT1 A005 Commercial Manual DI-E-SAT1 A006 Contractor Officer Representative List DI-E-SAT11 A007 Training Material and Schedules DI-P-SAT A008 Power Requirements DI-P-SAT1 A009 Design Data Calculations DI-E-2440A A010 Certificate of Compliance DI-E-SAT14 A011 Test Plan DI-T-SAT1 A012 Software Documentation Manual DI-P-SAT-2

TOTAL CONTRACT PRICE $________________________

ADDENDA TO 52.212-4 (Contract Terms and Conditions-Commercial Items) (JUN 2010), incorporated by reference on Page 1.

The following clauses are hereby incorporated by reference:

FAR 52.203-12 -- LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (OCT 2010)

FAR 52.203-17 -- CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENTS TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

FAR 52.204-2 -- SECURITY REQUIREMENTS (AUG 1996)

FAR 52.204-4 -- PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2011)

FAR 52.204-7 -- SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

FAR 52.204-9 -- PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (JAN 2011)

FAR 52.208-9 -- CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY AND SERVICES (MAY 2014)

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

FAR 52.222-37 -- EMPLOYMENT REPORTS ON VETERANS (JUL 2014)

FAR 52.223-5 -- POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

FAR 52.223-10 -- WASTE REDUCTION PROGRAM (MAY 2011)

FAR 52.227-1 -- AUTHORIZATION AND CONSENT (DEC 2007)

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

FAR 52.232-39 -- UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

FAR 52.232-40 -- PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

FAR 52.237-2 -- PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT AND VEGETATION (APR 1984)

FAR 52.242-13 -- BANKRUPTCY (JUL 1995)

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

FAR 52.246-16 -- RESPONSIBILITY FOR SUPPLIES (APR 1984)

FAR 52.253-1 -- COMPUTER GENERATED FORMS (JAN 1991)

DFARS 252.204-7000 -- DISCLOSURE OF INFORMATION (AUG 2013)

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

DFARS 252.204-7004 -- ALTERNATE A, SYSEM FOR AWARD MANAGEMENT (FEB 2014)

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

A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (DEC 2014)

DFARS 252.223-7006 -- PROHIBITION ON STORAGE, TREATMENTAND DISPOSAL OF TOXIC OR HAZARDOUS

MATERIALS (SEP 2014)

DFARS 252.245-7004 -- REPORTING, REUTILIZATION, AND DISPOSAL (MAR 2015)

CLAUSES INCORPORATED IN FULL TEXT:

The following clauses are hereby incorporated by full text:

FAR 52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

0001 1 Job 270 DADC

0002 1 Job 60 DADC

Option 0003 1 Job 270 DADC

Option 0004 1 Job (One year after final government acceptance of project)

0005 A001 thru A012 270 DADC

KEY: DADC = Days After Date of Contract

(End of Clause)

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 $200.00 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.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (MAY 2015)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

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

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

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

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

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

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

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

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

___ (iv) Alternate III (Oct 2014) of 52.219-9.

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

_XX__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

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

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

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

_XX__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O.

13126).

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

_XX__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_XX__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

_XX__ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

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

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

___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

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

__XX_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112- 41, 112-42, and 112-43).

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

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

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

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_XX__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_XX__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_XX__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

(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.]

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

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

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

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (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 this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.

chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 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)

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, 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 180 days after contract award.

Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

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)

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.

DLAD 252.212-9002 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS. (NOV 2014)

The Contractor shall comply with any clause that is checked on the following list 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___FAR 52.203-3, Gratuities (APR 1984)

2. ___XX__DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011)

3. _____DFARS 252.203-7003, Agency Office of the Inspector General (DEC 2012)

4. __XX___ DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials

(NOV 2011)

5. _____ DFARS 252.204-7011, Alternative Line Item Structure (SEP 2011)

6. _____ DFARS 252.204-7012, Safeguarding of Unclassified Controlled Technical Information (NOV 2013)

7. _____ DFARS 252.204-7013, Limitations on the Use or Disclosure of Information by Litigation Support Solicitation Offerors (FEB 2014)

8. _____ DFARS 252.204-7014, Limitations on the Use or Disclosure of Information by Litigation Support Contractors (FEB 2014)

9. _____ DFARS 252.204-7015, Disclosure of Information to Litigation Support Contractors (FEB 2014)

10. __XX___ DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) http://www.arnet.gov/far http://farsite.hill.af.mil/ http://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm

11. _____ DFARS 252.209-7002, Disclosure of Ownership or Control by the Government of a Terrorist Country (JAN 2009)

12. _____ DFARS 252.211-7003, Item Unique Identification and Valuation (DEC 2013)

13. _____ DFARS 252.211-7006, Passive Radio Frequency Identification (SEP 2011)

14. _____ DFARS 252.211-7007, Reporting of Government-Furnished Property (AUG 2012)

15. _____ DFARS 252.215-7003, Requirements for Submission of Data Other Than Certified Cost or Pricing Data—Canadian Commercial Corporation (JUL 2012)

16. _____ DFARS 252.215-7004, Requirement for Submission of Data other Than Certified Cost or Pricing Data—Modifications—Canadian Commercial Corporation (OCT 2013)

17. _____ DFARS 252.215-7007, Notice of Intent to Resolicit (JUN 2012)

18. _____ DFARS 252.215-7008, Only One Offer (OCT 2013)

19. _____ DFARS 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (OCT 2014)

20. _____ DFARS 252.219-7004, Small Business Subcontracting Plan (Test Program) (OCT 2014)

21. _____ DFARS 252.223-7008, Prohibition of Hexavalent Chromium (JUN 2013)

22. _____ DFARS 252.225-7000, Buy American—Balance of Payments Program Certificate (JAN 2014)

a. _____Alternate I (DEC 2010) of 52.225-7000

23. _XX____ DFARS 252.225-7001, Buy American and Balance of Payments Program (DEC 2012)

a. _____Alternate I (JAN 2014) of 252.225-7001

24. _____ DFARS 252.225-7008, Restriction on Acquisition of Specialty Metals (MAR 2013)

25. _____ DFARS 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (OCT 2014)

26. _____ DFARS 252.225-7010, Commercial Derivative Military Article—Specialty Metals Compliance Certificate (JUL 2009)

27. _XX____ DFARS 252.225-7012, Preference for Certain Domestic Commodities (FEB 2013)

28. _____ DFARS 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005)

29. _____ DFARS 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011)

30. _____ DFARS 252.225-7017, Photovoltaic Devices (JAN 2014)

31. _____ DFARS 252.225-7018, Photovoltaic Devices—Certificate (JAN 2014)

32. _____ DFARS 252.225-7020, Trade Agreements Certificate (JAN 2005)

a. _____Alternate I (DEC 2010) of 252.225-7020

33. __XX___ DFARS 252.225-7021, Trade Agreements (OCT 2013) http://www.acq.osd.mil/dpap/dars/dfars/html/current/252211.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252211.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252211.htm%23252.211-7007 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm%23252.215-7007 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252219.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252223.htm%23252.223-7008 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm

a. _____Alternate II (OCT 2011) of 252.225-7021

34. _____ DFARS 252.225-7023, Preference for Products or Services from Afghanistan (SEP 2013)

35. _____ DFARS 252.225-7024, Requirement for Products or Services from Afghanistan (SEP 2013)

36. _____ DFARS 252.225-7026, Acquisition Restricted to Products or Services from Afghanistan

(SEP 2013)

37. _____ DFARS 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003)

38. _____ DFARS 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003)

39. _____ DFARS 252.225-7029, Acquisition of Uniform Components for Afghan Military or Afghan National Police (SEP 2013)

40. _____ DFARS 252.225-7031, Secondary Arab Boycott of Israel (JUN 2005)

41. _____ DFARS 252.225-7035, Buy American—Free Trade Agreements—Balance of Payments Program Certificate (NOV 2012)

a. _____Alternate I (OCT 2013) of 252.225-7035

b. _____Alternate II (NOV 2012) of 252.225-7035

c. _____Alternate III (JUN 2012) of 252.225-7035

d. _____Alternate IV(NOV 2012) of 252.225-7035

e. _____Alternate V (NOV 2012) of 252.225-7035

42. _____ DFARS 252.225-7036, Buy American --Free Trade Agreements--Balance of Payment Program

(DEC 2012)

a. _____Alternate I (JUN 2012) of 252.225-7036

b. _____Alternate II (NOV 2012) of 252.225-7036

c. _____Alternate III (JUN 2012) of 252.225-7036

d. _____Alternate IV (NOV 2012) of 252.225-7036

e. _____Alternate V (NOV 2012) of 252.225-7036

43. _____ DFARS 252.225-7037, Evaluation of Offers for Air Circuit Breakers (JUN 2005)

44. _____ DFARS 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005)

45. _____ DFARS 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States (MAY 2014)

46. _____ DFARS 252.225-7043, Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States (MAR 2006)

47. __XX___ DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm

48. _____ DFARS 252.227-7013, Rights in Technical Data – Noncommercial Items (FEB 2014)

49. __XX___ DFARS 252.227-7015, Technical Data -- Commercial Items (FEB 2014b)

50. _____ DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2013),

51. __XX___ DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports

(JUN 2012)

52. _____ DFARS 252.232-7009, Mandatory Payment by Governmentwide Commercial Purchase Card (DEC 2006)

53. _____ DFARS 252.232-7010, Levies on Contract Payments (DEC 2006)

54. _____ DFARS 252.232-7011, Payments in Support of Emergencies and Contingency Operations (MAY 2013)

55. _____ DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel

(JUN 2013)

58. _____ DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JUN 2013)

57. _____ DFARS 252.239-7017, Notice of Supply Chain Risk (NOV 2013)

58. _____ DFARS 252.239-7018, Supply Chain Risk (NOV 2013)

59. __XX___ DFARS 252.243-7002, Requests for Equitable Adjustment (DEC 2012)

60. _____ DFARS 252.244-7000, Subcontracts for Commercial Items (JUN 2013)

61. _____ DFARS 252.246-7003, Notification of Potential Safety Issues (JUN 2013)

62. _____ DFARS 252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations (OCT 2010)

63. _____ DFARS 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUN 2013)

64. _____ DFARS 252.247-7022, Representation of Extent of Transportation by Sea (AUG 1992)

65. _____ DFARS 252.247-7023, Transportation of Supplies by Sea (APR 2014).

a. _____Alternate I (APR 2014) of 252.247-7023.

b. _____Alternate II (APR 2014) of 252.247-7023

66. _____ DFARS 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000)

67. _____ DFARS 252.247-7025, Reflagging or Repair Work (JUN 2005)

68. _____ DFARS 252.247-7026, Evaluation Preference for Use of Domestic Shipyards – Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade (NOV 2008)

69. _____ DFARS 252.247-7027, Riding Gang Member Requirements (OCT 2011) http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252239.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252239.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252244.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252246.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm

70. _____ DFARS 252.247-7028, Application for U.S Government Shipping Documentation/Instructions

(JUN 2012)

In addition to the clauses listed in paragraph (e) of FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, 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. DFARS 252.227-7013, Rights in Technical Data – Noncommercial Items (FEB 2014)

2. DFARS 252.227-7015, Technical Data – Commercial Items (FEB 2014)

3. DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2013)

4. DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013)

5. DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JUN 2013)

6. DFARS 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer

(JUN 2013)

7. DFARS 252.247-7023, Transportation of Supplies by Sea (APR 2014)

8. DFARS 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm%23252.247-7028

DLAD 52.215-9017--Contract Documents/Exhibits/Attachments (APR 2008)

Description File Name Attachment 1- Statement of Work

Attachment 1- DDRT SOW.pdf

Attachment 2- SYSTEM

LAYOUT

Attachment 2- DDRT

SYSTEM LAYOUT.PDF

Attachment 3 - Contract Data Requirments List and data item descriptions

Attachment 3- CDRLs.pdf

Attachment4-

WIDEAREA WORKFLOW

INSTRUCTIONS

Attachment 4- WAWF.pdf

Attachment 5

Past Attachment

Past Performanc e Questionai re

Performanc e Questionai re

Attachment 6 – Site Visit Information

Attachment 6 – Site Visit Information

Attachment 7 –

DDRT DIRECTIONS

Attachment 7

– DDRT

DIRECTIONS

DLAD 52.232-9010 -- ACCELERATED PAYMENTS TO SMALL BUSINESS (APR 2014)

In order to implement Department of Defense policy providing for accelerated payments to small businesses, the Government may issue awards that reflect payment terms of Net 30 days, regardless of the payment terms offered by the vendor. This is required so the Government can make accelerated payment to small businesses in accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 232.906(a)(ii) as soon as practicable on contracts or orders for which fast pay procedures do not apply, following receipt of a proper invoice and completion of receipt and acceptance documentation as required for payment by Federal Acquisition Regulation (FAR) 32.905. The Government’s intent to make accelerated payment does not alter the rules for imposition of interest pursuant to the Prompt Payment Act as set out in the contract or order and FAR Subpart 32.9.

DLAD 52.246-9039 REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES (NOV 2011)

(a) The Contractor shall remove or obliterate from a rejected end item and its packing and packaging, any marking, symbol, or other representation that the end item or any part of it has been produced or manufactured for the United States Government. Removal or obliteration shall be accomplished prior to any donation, sale, or disposal in commercial channels. The Contractor, in making disposition in commercial channels of rejected supplies, is responsible for compliance with requirements of the Federal Trade Commission Act (15 United States Code (U.S.C.) 45 et seq.)

and the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.), as well as other Federal or State laws and regulations promulgated pursuant thereto.

(b) Unless otherwise authorized by the Contracting Officer, the Contractor is responsible for removal or obliteration of government identifications within 72 hours of rejection of nonconforming supplies including supplies manufactured for the Government but not offered or supplies transferred from the Government's account to the cold storage Contractor's account at origin or destination. (For product rejected at destination and returned to the Contractor's plant, the 72 hour period starts with the time of Contractor receipt of returned product). After removal or obliteration is accomplished and prior to disposition, the Contractor must notify the Government inspector.

DLAD 52.246-9053 COMMERCIAL WARRANTY (SEP 2008)

The Contractor agrees that the supplies or services furnished under this contract will be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract. Attach a copy of the commercial warranty to this offer if applicable.

DLAD 52.247-9012 -- REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM)(FEB 2007)

(a) THIS CLAUSE ONLY APPLIES WHEN WOOD PACKAGING MATERIAL (WPM) WILL BE USED TO MAKE SHIPMENTS

UNDER THIS CONTRACT AND/OR WHEN WPM IS BEING ACQUIRED UNDER THIS CONTRACT.”

(b) Definition.

Wood packaging material (WPM) means wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frame and cleats. The definition excludes materials that have undergone a manufacturing process, such as corrugated fiberboard, plywood, particleboard, veneer, and oriented strand board (OSD).

(c) All Wood Packaging Material (WPM) used to make shipments under DOD contracts and/or acquired by DOD must meet requirements of International Standards for Phytosanitary Measures (ISPM) 15, “Guidelines for Regulating Wood Packaging Materials in International Trade.” DOD shipments inside and outside of the United States must meet ISPM 15 whenever WPM is used to ship DOD cargo.

(1) All WPM shall comply with the official quality control program for heat treatment (HT) or kiln dried heat treatment (KD HT) in accordance with American Lumber Standard Committee, Incorporated (ALSC) Wood Packaging Material Program and WPM Enforcement Regulations (see http://www.alsc.org/).

(2) All WPM shall include certification/quality markings in accordance with the ALSC standard. Markings shall be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides of the pallet and be contrasting and clearly visible. All containers shall be marked on a side other than the top or bottom, contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ASLC approved DUNNAGE stamp.

(d) Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry. The Agency reserves the right to recoup from the Contractor any remediation costs incurred by the Government."

http://www.alsc.org/

FAR 52.212-1 -- Instructions to Offerors -- Commercial Items (Apr 2014)

Provisions Incorporated by Reference:

FAR PROVISION TITLE DATE

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

Dec 2014

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications

Dec 2012

DLAD PROVISION TITLE DATE

52.215-9023 Reverse Auction OCT 2013

52.233-9000 Agency Protests NOV 2011

Provisions Incorporated in full text

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

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options;

and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

FAR 52.233-2 -- Service of Protest (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from DLA Distribution J7 Acquisition Operations 5404 J Avenue Bldg 404 New Cumberland, PA 17070.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

FAR 52.237-1 -- Site Visit (Apr 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(End of Provision)

Communications between the Government and Offerors:

This acquisition will be negotiated in accordance FAR Subpart 12—Acquisition of Commercial Items and FAR 15—Contracting By Negotiations.

1. Questions regarding this solicitation prior to proposal submission may occur for the purpose of clarifying elements of the solicitation.

a. Questions shall be submitted by electronic mail to the Acquisition Specialist, Mogen Gilson via email at mogen.gilson@dla.mil with the appropriate subject:

SP3300-15-R-5008 Solicitation Question; SP3300-15-R-5008 Pre-Proposal https://www.acquisition.gov/

Conference/Site Visit Questions must be received by 1:00 p.m. eastern local time on July 7, 2015. Questions received after this date and time may not receive a response. No questions may be submitted during the Pre-Proposal Conference and Site Visit. Answers to questions will be posted to the FEDBIZOPPS website via an amendment to the solicitation.

b. Offerors shall submit questions in an MS Word Table landscape format with the following column headings:

Question RFP Page RFP Para Name of Firm POC Tel

No.

Fax No. e-mail

c. No information concerning this RFP or requests for clarification will be provided in response to offeror-initiated telephone calls.