RFP_SP3300-17-R-5002.pdf

RFP SP3300-17-R-5002 Page 2 of 49

NOTICE TO OFFERORS

1. This Request for Proposal (RFP) is being issued to establish a Fixed Price Indefinite Delivery Requirements

Contract to provide recycled bogus paper for delivery to multiple destinations. This solicitation requires vendors to submit Firm Fixed pricing for each CLIN and each zone defined below. Delivery Orders will be issued on a Firm Fixed Price basis, and will be shipped to destinations in Zones 1 and 2. The destination address will be provided in the individual Delivery Orders placed against this contract. F.O.B. Destination prices shall include delivery to all destinations within Zones 1 and 2, including delivery to the continental United States (CONUS) Consolidation and Containerization Points (CCP) within the respective zones if the ultimate destination is OCONUS or overseas. Destinations within the zones include, but are not restricted to, CONUS Defense Logistics Agency (DLA) Distribution sites. Vendors may not propose alternate zones. The zones are defined as follows:

Zone 1: Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, Washington, D. C., West Virginia, Wisconsin.

Zone 2: Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming.

2. PERIOD OF PERFORMANCE: Date of contract award through one (1) year with two (2) one (1) year option periods. The Government reserves the right to exercise the option years in accordance with FAR 52.217-9 – Option to Extend the Term of the Contract.

3. ESTIMATED QUANTITIES: The quantities shown in the Schedule of Supplies/Services are estimated only. They represent the Government’s best-known estimate for each line item. Payment will be made only for the actual quantities provided to the Government at the price specified. If the Government requirements do not result in the quantities estimated, such event shall not constitute the basis for an equitable price adjustment under the contract.

4. PAYMENT INFORMATION: Payment for supplies delivered under the written delivery orders will be made by

DFAS; contractor shall submit invoices thru Wide Area Workflow (WAWF) in accordance with DFARS 252.232- 7006 Wide Area Workflow Payment Instructions.

5. NOTE: This solicitation is being issued as Unrestricted.

6. SYSTEM FOR AWARD MANAGEMENT REGISTRATION – As stated in the referenced FAR 52.212-1

Instructions to Offerors – Commercial Items, paragraph (k) System for Award Management, a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through http://www.acquisition.gov or http://www.sam.gov/.

7. PACKING AND MARKING REQUIREMENTS: All material shall be packaged best commercial practice in accordance with ASTM D3951 and shall be marked in accordance with MIL-STD-129P. All shipments must contain proper shipping documentation. Suppliers must attach, in a water-resistant envelope to the exterior shipping container, a commercial packing list. All documents must include at a minimum, contract number, document number for each item, Material Number or National Stock Number (NSN), quantity, and Unit of Issue.

Omission of any data on the shipping documentation will cause a delay in receipt of goods and significantly delay payment.

8. ADDITIONAL PACKAGING AND MARKING REQUIREMENTS, AND REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM): Additional DLA Packaging and Marking Requirements, and Requirements for Treatment of Wood Packaging Material (WPM), are set forth in full text in the DLA Master List of Technical and Quality Requirements found on the web at:

http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx under “RP001: DLA PACKAGING REQUIREMENTS

FOR PROCUREMENT”.

9. PALLETS: All material shall be delivered on pallets; pallets will not be returned. Contractor must print stock number and unit pack on each pallet of material.

http://www.acquisition.gov/ http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx

RFP SP3300-17-R-5002 Page 3 of 49

10. SINGLE AWARD: The Government intends to make one award as a result of this solicitation. Therefore, contractors must submit an offer for all contract line items (CLINS) to be considered for award.

11. The clauses and provisions in this solicitation were reviewed by the Contract Specialist on 11/21/16 to ensure that the most current, up-to-date versions have been included. Review was conducted using the Hill AFB FAR website, http://farsite.hill.af.mil/. This solicitation incorporates clauses and provisions in effect through Federal Acquisition Circular (FAC) 2005-92 effective 18 Nov 2016; Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20161104 (Effective 04 Nov 2016) edition; and Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 and PROCLTR 2017-01.

12. Following is a list of CONUS DLA Distribution sites in each zone by state, with the associated DoD Activity

Address Code (DoDAAC). Destinations within the zones are not restricted to these sites.

Zone 1: Refer to Page 2 paragraph 1 for definition of Zone 1

SITE LOCATION DoDAAC Anniston AL DDAA DLA Distribution Anniston Anniston, AL 36201-4199 SB3540

Groton CT NWT-FISC Fleet Industrial Support Center Groton, CT 06349-5500 SW3132

Groton CT NWT-FISC Fleet Industrial Support Center Groton, CT 06349-5500 SW3140

Jacksonville FL DDJF DLA Distribution Jacksonville Jacksonville, FL 32212-103 SB3520

Panama City FL NWT-NAS Naval Supply Activity Panama City Panama City Beach, FL 32407-7018 SW310E

Tampa FL DDMA-MSO DLA Distribution Mapping Activity MacDill AFB, FL 33621-5404 SW3138

Albany GA DDAG DLA Distribution Albany Albany, GA 31704-1128 SB3550

Warner-Robins GA DDWG DLA Distribution Warner Robins Robins AFB, GA 31098-1887 SB3525

Crane IN NWT-FISC Fleet Industrial Support Center Crane, IN 47522-5001 SW3151

Indian Head MD NWT-NSA Navy Support Facility Indian Head Indian Head, MD 2640-5125 SW3148

Gulfport MS NWT-NCBC Dept of Navy Rec Officer Gulfport MS 39501-5001 SW310M http://farsite.hill.af.mil/

RFP SP3300-17-R-5002 Page 4 of 49 Cherry Point NC DDCN DLA Distribution Cherry Point Cherry Point, NC 28533-5040 SB3101

New Cumberland, PA DDC DLA Distribution New Cumberland, PA 17070-5000 SB3300

New Cumberland PA DDED DLA Distribution New Cumberland, PA 17070 SW3192 DLA Distribution New Cumberland, PA 17070 SW3181 DLA Distribution New Cumberland PA 17070 SW3233 DLA Distribution New Cumberland PA 17070 SW3230 DLA Distribution New Cumberland PA 17070 SW3247 DLA Distribution New Cumberland PA 17070 SW3248 DLA Distribution New Cumberland PA 17070 SW3245 DLA Distribution New Cumberland PA 17070 SW3246 DLA Distribution New Cumberland PA 17070 SW310A DLA Distribution New Cumberland PA 17070 SW310B

New Cumberland PA DDSP DLA Distribution Susquehanna New Cumberland, PA 17070 SB3300 DLA Distribution Susquehanna New Cumberland, PA 17070-5002 SB3102 DLA Distribution Susquehanna New Cumberland, PA 17070 SB3222

Tobyhanna PA DDTP DLA Distribution Tobyhanna Tobyhanna, PA 18466-5059 SB3103

Newport RI NWT-FISC Fleet Industrial Support Center Newport, RI 02841 SW3145

Chesapeake VA NWT-Staging Fac Staging Facility Chesapeake VA 23325 SW3197

Dahlgren VA NWT-NSA Naval Support Facility Dahlgren Dahlgren, VA 22448-5106 SW3146

Norfolk VA DDNV DLA Distribution Norfolk Norfolk, VA 23512-0001 SB3106

Richmond VA DDRV DLA Distribution Richmond Richmond, VA 23297-5900 SB3108

Richmond VA DDMA DLA Distribution Mapping Activity Richmond, VA 23297-5516 SW3141

Norfolk VA DDMA - MSO DLA Distribution Mapping Activity Norfolk, VA 23511-4004 SW3134

RFP SP3300-17-R-5002 Page 5 of 49 Norfolk VA NWT - FISC-N Fleet Industrial Supply Center Norfolk, VA 23511 SW3128

Norfolk VA NWT-CARP Consumable Asset Reutilization Program Norfolk, VA 23511 SW3198

Norfolk VA NWT-NAB Naval Amphibious Base Little Creek Norfolk, VA 23521 SW3130

Norfolk VA NWT-CEP CEP - 126 D&S Piers Norfolk, VA 23511 SW3131

Portsmouth VA NWT-FISC-N Fleet Industrial Supply Center Portsmouth, VA 23709 SW3129

Williamsburg VA NWT-FISC Fleet Industrial Supply Center Williamsburg, VA 23185 SW3126

Yorktown VA NWT-Weapons Yorktown Weapons Station Yorktown, VA 23691 SW3199

Zone 2: Refer to Page 2 paragraph 1 for definition of Zone 2

SITE LOCATION DoDAAC Barstow CA DDBC DLA Distribution Barstow Barstow, CA 92311-5014 SB3208

Port Hueneme NWT-NB Naval Base Ventura County Port Hueneme, CA 93043 SW3251

San Diego CA DDDC DLA Distribution San Diego San Diego, CA 92136-3581 SB3204

San Diego CA DDMA-MSO DLA Distribution Mapping Activity San Diego, CA 92135-7057 SW3136

San Joaquin CA DDJC DLA Distribution San Joaquin Tracy, CA 95304-5000 SW3240 DLA Distribution San Joaquin Tracy, CA 95304 SB3200

Oklahoma City OK DDOO DLA Distribution Oklahoma Tinker AFB, OK 73145-8000 SB3212

Corpus Christi TX DDCT DLA Distribution Corpus Christi Corpus Christi, TX 78419-5255 SB3214

Red River TX DDRT DLA Distribution Red River Texarkana, TX 75507-5000 SW3231

RFP SP3300-17-R-5002 Page 6 of 49 DLA Distribution Red River Texarkana, TX 75507-5000 SB3213

Hill UT DDHU DLA Distribution Hill Hill AFB, UT 84056-5702 SB3217

Hill UT DDHU-DEPMEDS DLA Distribution Hill Hill AFB, UT 84056-5713 SM3400

Everett WA NWT - Everett DLA Dist Puget Sound - Everett Everett, WA 98207-0001 SB3237

Puget Sound WA DDPW DLA Distribution Puget Sound Bremerton, WA 98314-5130 SB3207

RFP SP3300-17-R-5002 Page 7 of 49

SCHEDULE OF SUPPLIES/SERVICES

BASE YEAR

CLIN DESCRIPTION

0001 Material Number: N00001009 Stock Number 8135-00-L96-0074 Paper, Bogus. Size: 24 inches Wide x 750 feet Long. 50 pound base weight. Color Gray only. Recycled Content: 100% post consumer waste (70% new & office paper, 30% corrugated clippings).

ZONE 1 ZONE 2

ESTIMATED

QUANTITY

UNIT PRICE ESTIMATED

AMOUNT

ESTIMATED

QUANTITY

UNIT PRICE ESTIMATED

AMOUNT

11,350 ROLLS $ $ 6,000 ROLLS $ $

0002 Material Number: N00001010 Stock Number 8135-00-L04-0001 Paper, Bogus. Size: 12 inches Wide x 900 feet Long. 40 pound base weight. Color: Gray or Brown. Recycled Content:

100% post consumer waste (70% new & office paper, 30% corrugated clippings).

ZONE 1 ZONE 2

ESTIMATED

QUANTITY

UNIT PRICE ESTIMATED

AMOUNT

ESTIMATED

QUANTITY

UNIT PRICE ESTIMATED

11,500 ROLLS $ $ 150 ROLLS $ $

ESTIMATED TOTAL FOR THE BASE YEAR (CLINs 0001 and 0002): $____________________________

OPTION YEAR 1

CLIN DESCRIPTION

1001 Material Number: N00001009 Stock Number 8135-00-L96-0074 Paper, Bogus. Size: 24 inches Wide x 750 feet Long. 50 pound base weight. Color Gray only. Recycled Content: 100% post consumer waste (70% new & office paper, 30% corrugated clippings).

ZONE 1 ZONE 2

ESTIMATED

QUANTITY

UNIT PRICE ESTIMATED

AMOUNT

ESTIMATED

QUANTITY

UNIT PRICE ESTIMATED

1002 Material Number: N00001010 Stock Number 8135-00-L04-0001 Paper, Bogus. Size: 12 inches Wide x 900 feet Long. 40 pound base weight. Color: Gray or Brown. Recycled Content:

100% post consumer waste (70% new & office paper, 30% corrugated clippings).

ZONE 1 ZONE 2

ESTIMATED

QUANTITY

UNIT PRICE ESTIMATED

AMOUNT

ESTIMATED

QUANTITY

UNIT PRICE ESTIMATED

ESTIMATED TOTAL FOR OPTION YEAR 1 (CLINs 1001 and 1002): $_____________________________

RFP SP3300-17-R-5002 Page 8 of 49

OPTION YEAR 2

CLIN DESCRIPTION

2001 Material Number: N00001009 Stock Number 8135-00-L96-0074 Paper, Bogus. Size: 24 inches Wide x 750 feet Long. 50 pound base weight. Color Gray only. Recycled Content: 100% post consumer waste (70% new & office paper, 30% corrugated clippings).

ZONE 1 ZONE 2

ESTIMATED

QUANTITY

UNIT PRICE ESTIMATED

AMOUNT

ESTIMATED

QUANTITY

UNIT PRICE ESTIMATED

2002 Material Number: N00001010 Stock Number 8135-00-L04-0001 Paper, Bogus. Size: 12 inches Wide x 900 feet Long. 40 pound base weight. Color: Gray or Brown. Recycled Content:

100% post consumer waste (70% new & office paper, 30% corrugated clippings).

ZONE 1 ZONE 2

ESTIMATED

QUANTITY

UNIT PRICE ESTIMATED

AMOUNT

ESTIMATED

QUANTITY

UNIT PRICE ESTIMATED

ESTIMATED TOTAL FOR OPTION YEAR 2 (CLINs 2001 and 2002): $_____________________________

ESTIMATED TOTAL FOR BASE YEAR PLUS 2 OPTION YEARS: $__________________________

RFP SP3300-17-R-5002 Page 9 of 49

The following clauses are addenda to FAR 52.212-4 – Contract Terms and Conditions – Commercial Items incorporated by reference:

FAR 52.203-3 Gratuities (Apr 1984)

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

FAR 52.204-13 System for Award Management Maintenance (Oct 2016)

FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

FAR 52.242-13 Bankruptcy (Jul 1995)

FAR 52.247-34 F.o.b. – Destination (Nov 1991)

FAR 52.253-1 Computer Generated Forms (Jan 1991)

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011)

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Sep 2013)

DFARS 252.203-7997 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2016-O0003) (OCT 2015)

DFARS 252.204-7000 Disclosure of Information (Oct 2016)

DFARS 252.204-7003 Control of Government Personnel Work Product (Apr 1992)

DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (May 2016)

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 (Oct 2015)

DFARS 252.223-7008 Prohibition of Hexavalent Chromium (Jun 2013)

DFARS 252.225-7012 Preference for Certain Domestic Commodities (Aug 2016)

DFARS 252.225-7021 Trade Agreements (Sep 2016)

DFARS 252.225-7048 Export-Controlled Items (June 2013)

DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (Sep 2004)

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Jun 2012)

DFARS 252.232-7010 Levies on Contract Payments (Dec 2006)

DFARS 252.243-7002 Requests for Equitable Adjustment (Dec 2012)

RFP SP3300-17-R-5002 Page 10 of 49 DFARS 252.244-7000 Subcontracts for Commercial Items (Jun 2013)

DFARS 252.247-7023 Transportation of Supplies by Sea (Apr 2014)

DFARS 252.247-7024 Notification of Transportation of Supplies by Sea (Mar 2000)

The following clauses are addenda to FAR 52.212-4 – Contract Terms and Conditions – Commercial Items incorporated in full text:

FAR 52.211-9 – DESIRED AND REQUIRED TIME OF DELIVERY (JUN 1997)

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

DESIRED DELIVERY SCHEDULE

[Contracting Officer insert specific details]

ITEM NO. QUANTITY WITHIN DAYS AFTER DATE

OF DELIVERY ORDER

ALL CLINS AS SPECIFIED UNDER EACH DELIVERY

ORDER IN ACCORDANCE WITH THE ORDER

LIMITATIONS CLAUSE FAR 52.216-19

14 CALENDAR DAYS

If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. However, the offeror’s proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government’s required delivery schedule as follows:

REQUIRED DELIVERY SCHEDULE

[Contracting Officer insert specific details]

ITEM NO. QUANTITY WITHIN DAYS AFTER

DATE OF DELIVERY

ORDER

ALL CLINS AS SPECIFIED UNDER EACH DELIVERY

ORDER IN ACCORDANCE WITH THE ORDER

LIMITATIONS CLAUSE FAR 52.216-19

21 CALENDAR DAYS

Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE:

ALL CLINS WITHIN __________DAYS AFTER RECEIPT OF ORDER.

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of Clause)

RFP SP3300-17-R-5002 Page 11 of 49 FAR 52.211-16 Variation in Quantity (Apr 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

10 Percent increase

10 Percent decrease

This increase or decrease shall apply to contract line item quantities ordered under each delivery order and shipments within the 10% clause must be in full unit of issue quantities.

(End of Clause)

FAR 52.211-17 Delivery of Excess Quantities (Sep 1989)

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor’s expense or retained and paid for by the Government at the contract unit price.

(End of Clause)

FAR 52.215-21 -- Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data – Modifications (Oct 2010) with Alternate IV (Oct 2010)

(a) Submission of certified cost or pricing data is not required.

(b) Provide information described below:

(1) The offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include: (i) for catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities; (ii) for market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market; or (iii) for market-price items, sales data and any information reasonably required to explain the offeror’s estimating process including but not limited to (a) the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data; and (b) the nature and amount of any contingencies included in the proposed price.

The contractor’s format for submitting the data should be used.

RFP SP3300-17-R-5002 Page 12 of 49

FAR 52.216-19 – ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 5 rolls, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of 3,000 rolls.

(2) Any order for a combination of items in excess of 6,433 rolls; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-21 – REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 21 days after expiration of contract.

RFP SP3300-17-R-5002 Page 13 of 49

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 the period of performance; provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least 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 years.

FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (DEVIATION 2016-O0009) (AUG 2016) with Alternate II

(DEVIATION 2016-O0009) (AUG 2016)

(a) This clause does not apply to small business concerns.

(b) Definitions. As used in this clause—

“Alaska Native Corporation (ANC)” means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2).

“Commercial item” means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation.

“Commercial plan” means a subcontracting plan (including goals) that covers the offeror’s fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line).

“Electronic Subcontracting Reporting System (eSRS)” means the Governmentwide, electronic, web-based system for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov.

“Indian tribe” means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e).

“Individual contract plan” means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror’s planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.

“Master plan” means a subcontracting plan that contains all the required elements of an individual contract plan, except goals, and may be incorporated into individual contract plans, provided the master plan has been approved.

“Subcontract” means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.

(c) Proposals submitted in response to this solicitation shall include a subcontracting plan that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. If the offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t43t44+2+43++%2843%29%20%20AND%20%28%2843%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t43t44+2+43++%2843%29%20%20AND%20%28%2843%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t43t44+2+43++%2843%29%20%20AND%20%28%2843%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%202_1.html#wp1145508 http://www.esrs.gov/ http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t43t44+2+43++%2843%29%20%20AND%20%28%2843%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t21t25+4254+34++%2825%29%20%20AND%20%28%2825%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t21t25+4254+34++%2825%29%20%20AND%20%28%2825%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

RFP SP3300-17-R-5002 Page 14 of 49 business, and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate a subcontracting plan shall make the offeror ineligible for award of a contract.

(d) The offeror’s subcontracting plan shall include the following:

(1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. The offeror shall include all sub-contracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C. 1626:

(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business (SDB) concerns, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe.

(ii) Where one or more subcontractors are in the subcontract tier between the prime contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals.

(A) In most cases, the appropriate Contractor is the Contractor that awarded the subcontract to the ANC or Indian tribe.

(B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor. The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract.

(C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the prime Contractor, and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award.

(D) If the Contracting Officer does not receive a copy of the ANC’s or the Indian tribe’s written designation within 30 days of the subcontract award, the Contractor that awarded the subcontract to the ANC or Indian tribe will be considered the designated Contractor.

(2) A statement of—

(i) Total dollars planned to be subcontracted for an individual contract plan; or the offeror’s total projected sales, expressed in dollars, and the total value of projected subcontracts to support the sales for a commercial plan;

(ii) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes);

(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns;

(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business;

(v) Total dollars planned to be subcontracted to HUBZone small business concerns;

(vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes); and

(vii) Total dollars planned to be subcontracted to women-owned small business concerns.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t43t44+2+43++%2843%29%20%20AND%20%28%2843%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

RFP SP3300-17-R-5002 Page 15 of 49

(3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to—

(i) Small business concerns;

(ii) Veteran-owned small business concerns;

(vii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns; and

(vi) Women-owned small business concerns.

(4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause.

(5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the System for Award Management (SAM), veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in SAM as an accurate representation of a concern's size and ownership characteristics for the purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business source list. Use of SAM as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause.

(6) A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with—

(i) Small business concerns (including ANC and Indian tribes);

(ii) Veteran-owned small business concerns;

(viii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns (including ANC and Indian tribes); and

(vi) Women-owned small business concerns.

(7) The name of the individual employed by the offeror who will administer the offeror’s subcontracting program, and a description of the duties of the individual.

(8) A description of the efforts the offeror will make to assure that small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns have an equitable opportunity to compete for subcontracts.

(9) Assurances that the offeror will include the clause of this contract entitled “Utilization of Small Business Concerns” in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $700,000 ($1.5 million for construction of any public facility) with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of this clause.

(10) Assurances that the offeror will—

RFP SP3300-17-R-5002 Page 16 of 49

(i) Cooperate in any studies or surveys as may be required;

(ii) Submit periodic reports so that the Government can determine the extent of compliance by the offeror with the subcontracting plan;

(iii) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (l) of this clause using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov. The reports shall provide information on subcontract awards to small business concerns (including ANCs and Indian tribes that are not small businesses), veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns (including ANCs and Indian tribes that have not been certified by the Small Business Administration as small disadvantaged businesses), women-owned small business concerns, and for NASA only, Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with this clause;

(iv) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using eSRS;

(v) Provide its prime contract number, its DUNS number, and the e-mail address of the offeror’s official responsible for acknowledging receipt of or rejecting the ISRs, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their ISRs; and

(vi) Require that each subcontractor with a subcontracting plan provide the prime contract number, its own DUNS number, and the e-mail address of the subcontractor’s official responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with subcontracting plans.

(11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offeror’s efforts to locate small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated):

(i) Source lists (e.g., SAM), guides, and other data that identify small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.

(ii) Organizations contacted in an attempt to locate sources that are small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business concerns.

(iii) Records on each subcontract solicitation resulting in an award of more than $150,000, indicating—

(A) Whether small business concerns were solicited and, if not, why not;

(B) Whether veteran-owned small business concerns were solicited and, if not, why not;

(C) Whether service-disabled veteran-owned small business concerns were solicited and, if not, why not;

(D) Whether HUBZone small business concerns were solicited and, if not, why not;

(E) Whether small disadvantaged business concerns were solicited and, if not, why not;

(F) Whether women-owned small business concerns were solicited and, if not, why not; and

(G) If applicable, the reason award was not made to a small business concern.

http://www.esrs.gov/

RFP SP3300-17-R-5002 Page 17 of 49

(iv) Records of any outreach efforts to contact—

(A) Trade associations;

(B) Business development organizations;

(C) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, and women-owned small business sources; and

(D) Veterans service organizations.

(v) Records of internal guidance and encouragement provided to buyers through—

(A) Workshops, seminars, training, etc.; and

(B) Monitoring performance to evaluate compliance with the program’s requirements.

(vi) On a contract-by-contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having commercial plans need not comply with this requirement.

(e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions:

(1) Assist small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor’s lists of potential small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time.

(2) Provide adequate and timely consideration of the potentialities of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in all “make-or-buy” decisions.

(3) Counsel and discuss subcontracting opportunities with representatives of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business firms.

(4) Confirm that a subcontractor representing itself as a HUBZone small business concern is identified as a certified HUBZone small business concern by accessing the SAM database or by contacting SBA.

(5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran-owned small business, HUBZone small, small disadvantaged, or women-owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor’s subcontracting plan.

(6) For all competitive subcontracts over the simplified acquisition threshold in which a small business concern received a small business preference, upon determination of the successful subcontract offeror, the Contractor must inform each unsuccessful small business subcontract offeror in writing of the name and location of the apparent successful offeror prior to award of the contract.

(f) A master plan on a plant or division-wide basis that contains all the elements required by paragraph (d) of this clause, except goals, may be incorporated by reference as a part of the subcontracting plan required of the offeror by this clause;

provided—

RFP SP3300-17-R-5002 Page 18 of 49

(1) The master plan has been approved;

(2) The offeror ensures that the master plan is updated as necessary and provides copies of the approved master plan, including evidence of its approval, to the Contracting Officer; and

(3) Goals and any deviations from the master plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth in the individual subcontracting plan.

(g) A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial items. The commercial plan shall relate to the offeror’s planned subcontracting generally, for both commercial and Government business, rather than solely to the Government contract. Once the Contractor’s commercial plan has been approved, the Government will not require another subcontracting plan from the same Contractor while the plan remains in effect, as long as the product or service being provided by the Contractor continues to meet the definition of a commercial item. A Contractor with a commercial plan shall comply with the reporting requirements stated in paragraph (d)(10) of this clause by submitting one SSR in eSRS for all contracts covered by its commercial plan. This report shall be acknowledged or rejected in eSRS by the Contracting Officer who approved the plan. This report shall be submitted within 30 days after the end of the Government’s fiscal year.

(h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract.

(i) A contract may have no more than one plan. When a modification meets the criteria in 19.702 for a plan, or an option is exercised, the goals associated with the modification or option shall be added to those in the existing subcontract plan.

(j) Subcontracting plans are not required from subcontractors when the prime contract contains the clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items, or when the subcontractor provides a commercial item subject to the clause at 52.244-6, Subcontracts for Commercial Items, under a prime contract.

(k) The failure of the Contractor or subcontractor to comply in good faith with—

(1) The clause of this contract entitled “Utilization Of Small Business Concerns;” or

(2) An approved plan required by this clause, shall be a material breach of the contract.

(l) The Contractor shall submit ISRs and SSRs using the web-based eSRS at http://www.esrs.gov. Purchases from a corporation, company, or subdivision that is an affiliate of the prime Contractor or subcontractor are not included in these reports. Subcontract award data reported by prime Contractors and subcontractors shall be limited to awards made to their immediate next-tier subcontractors. Credit cannot be taken for awards made to lower tier subcontractors, unless the Contractor or subcontractor has been designated to receive a small business or small disadvantaged business credit from an ANC or Indian Tribe. Only subcontracts involving performance in the United States or its outlying areas should be included in these reports.

(1) ISR. This report is not required for commercial plans. The report is required for each contract containing an individual subcontract plan.

(i) The report shall be submitted semi-annually during contract performance for the periods ending March 31 and September 30. A report is also required for each contract within 30 days of contract completion.

Reports are due 30 days after the close of each reporting period, unless otherwise directed by the Contracting Officer. Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or the previous reporting period.

(ii) When a subcontracting plan contains separate goals for the basic contract and each option, as prescribed by FAR 19.704(c), the dollar goal inserted on this report shall be the sum of the base period through the current option; for example, for a report submitted after the second option is exercised, the dollar goal would be the sum of the goals for the basic contract, the first option, and the second option.

(iii) The authority to acknowledge receipt or reject the ISR resides— https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2019_7.html#wp1088749 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358 https://www.acquisition.gov/sites/default/files/current/far/html/52_241_244.html#wp1129139 http://www.esrs.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2019_7.html#wp1088766

RFP SP3300-17-R-5002 Page 19 of 49

(A) In the case of the prime Contractor, with the Contracting Officer; and

(B) In the case of a subcontract with a subcontracting plan, with the entity that awarded the subcontract.

(2) SSR.

(i) Reports submitted under individual contract plans—

(A) This report encompasses all subcontracting under prime contracts and subcontracts with the awarding agency, regardless of the dollar value of the subcontracts.

(B) The report may be submitted on a corporate, company or subdivision (e.g. plant or division operating as a separate profit center) basis.

(C) If a prime Contractor and/or subcontractor is performing work for more than one executive agency, a separate report shall be submitted to each executive agency covering only that agency’s contracts, provided at least one of that agency’s contracts is over $700,000 (over $1.5 million for construction of a public facility) and contains a subcontracting plan. For DoD, a consolidated report shall be submitted for all contracts awarded by military departments/agencies and/or subcontracts awarded by DoD prime Contractors.

(D) The consolidated SSR shall be submitted annually for the twelve month period ending September 30. The report is due 30 days after the close of each reporting period.

(E) Subcontract awards that are related to work for more than one executive agency shall be appropriately allocated.

(F) The authority to acknowledge or reject SSRs in eSRS, including SSRs submitted by subcontractors with subcontracting plans, resides with the Government agency awarding the prime contracts unless stated otherwise in the contract.

(ii) Reports submitted under a commercial plan—

(A) The report shall include all subcontract awards under the commercial plan in effect during the Government’s fiscal year.

(B) The report shall be submitted annually, within thirty days after the end of the Government’s fiscal year.

(C) If a Contractor has a…