Amendment_0002_-_Attachment_2_-_Solicitation.docx

SP3300-18-Q-5013

Amendment 0002 Attachment 2 - Solicitation

NOTICE TO OFFERORS

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items as supplemented with additional information included in this notice per FAR 12.603(c)(2)(i) and in conjunction with the Federal Acquisition Regulations (FAR) Subpart 13.5 Simplified Procedures for Certain Commercial Items. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

2. This is a Request for Quote (RFQ) and the RFQ number is SP3300-18-Q-5013.

3. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-96 effective 06 Nov 2017 and Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20171228 edition and Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 and PROCLTR 2018-03. The complete text of any of the clauses and provisions may be accessed in full text at http://farsite.hill.af.mil.

4. This is an unrestricted acquisition. The North American Industry Classification System (NAICS) code for this project is 484230 and the size standard is $27.5 million.

5. This RFQ is being issued to establish more than one Firm-Fixed Price (FFP) contract(s) for transportation support capability that would serve as the primary conduit for cargo. The contract(s) will provide commercial capability to provide transportation services to deliver Class II (Individual Equipment), Class II (P) (Packaged Petroleum Oils and Lubricants), Class IV (Construction), and Class IX (Repair Parts) material from DLA Distribution Center Bahrain to customers in Kuwait, Qatar, Jordan, Kingdom of Saudi Arabia (KSA), Oman, and United Arab Emirates (UAE).

This service may frequently include multiple truck shipments per week.

This is a short term contract. The Government anticipates posting a Request for Proposal for a longer term requirement in April, 2018. Interested offerors are encouraged to monitor www.fbo.gov.

6. Period of performance: Six (6) month base period, three (3) month option period, and Up to Six (6) month option period under FAR 52.217-8 Option to Extend Services (Nov 1999). The timeframes are outlined below:

7. FAR 52.212-1 Instructions to Offerors – Commercial applies to this acquisition. Addenda are included in the solicitation.

8. FAR 52.212-2 Evaluation – Commercial Items is included in this solicitation. Offerors shall confirm ability to meet all requirements identified in the Performance Work Statement. A past performance package is required from all offerors and shall be provided with the quotes. Please pay special attention to the Instructions to Offerors starting on Page 7. The instructions require various items of documentation to submit with your quote. The evaluation criteria, starting on Page 14, explains how the offeror’s quote will be evaluated.

9. Interested offerors must include a copy of completed FAR 52.212-3 Offerors Representations and Certifications – Commercial Items with its quote. If offerors have completed Representations and Certifications in the System for Award Management (SAM), offerors shall type company name, address, and CAGE code exactly as it appears in the SAM Database and include this information as part of the quote. Offerors may utilize the below form for submission:

Company Name: _________________________________ Company Address: _________________________________ Telephone: _________________________________ CAGE Code: _________________________________

EMAIL __________________________________

10. SYSTEM FOR AWARD MANAGEMENT – A prospective awardee shall be registered in the System for Award Management (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 Internet at http://www.sam.gov.

11. Electronic Solicitation: This solicitation, including all attachments, and any amendments, is only available electronically at the Federal Business Opportunities website www.fbo.gov. Offerors are cautioned that it is their responsibility to access the website for any amendments that may be issued under the solicitation. There will be no advance notification of amendment issuance. Offerors are advised to consult the website frequently to check for any amendments since an amendment may be issued up until the bid opening date and time. Failure to acknowledge amendments may render a quote non-responsive and ineligible for award.

12. INVOICING AND PAYMENT – Invoicing and Payment will be made via Wide Area WorkFlow. See DFARS Clauses 252.232-7003 found on page 38 and 252.232-7006 found on page 45 the RFQ. The Schedule of Supplies and Services includes a quantity and a unit price. Offerors should note that billing will be made on a per truck basis. The unit price is fixed and the quantity is the maximum that may be utilized. Quantities required will not exceed the quantities outlined in the Schedule.

13. Questions shall be submitted in writing via e-mail to Daniel.lentz@dla.mil and jada.weaver@dla.mil.

14. Schedule of Supplies/Services: The quantities provided are estimates only. Unit pricing is a fixed price. Carriers will be reimbursed for the actual number of shipments completed at the fixed price in the Schedule.

Unit prices shall include all costs for transportation from Bahrain to final destination, including, but not limited to, customs, reporting, liability/insurance, labor, equipment, and any associated costs.

CLINs X007 and X008 are part of the requirement and quantities will be identified if/when restrictions are lifted and deliveries resume. CLINs X013 and X014 are also part of the requirement and quantities will be established as identified. Offerors shall complete the unit price for each of the CLINs.

15. The Government intends to make more than one award as a result of this RFQ to the responsible offerors whose conforming offer will be most advantageous to the Government, price and other factors considered. The Government will make the number of awards determined to be in the Government’s best interest after evaluation of quotes. The quantities outlined in the Supplies and Services Section are estimates only and represent half of the total requirement as the Government intends to award more than one contract.

16. If multiple awards are made, it is the Government’s intent to alternate requirements; however, this will be dependent on the awardees ability to meet the specific delivery requirements.

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

Part I – The Schedule: The quantities provided are estimates only. Unit pricing is a fixed price. Carriers will be reimbursed for the actual number of shipments completed at the fixed price in the Schedule.

Unit prices shall include all costs for transportation from origination to final destination, including, but not limited to, customs, reporting, liability/insurance, labor, equipment, and any associated costs.

PART 1 – THE SCHEDULE

SUPPLIES OR SERVICES AND PRICES/COSTS

QUANTITIES REPRESENT HALF OF THE TOTAL REQUIREMENT

SIX MONTH BASE PERIOD

Period of Performance: 1 Apr 2018 – 30 Sept 2018

Fixed-Price (ALL CLINS) Applicable PSC to all CLINs: V112

Delivery Route: Bahrain – Kuwait

Delivery Route: Bahrain – Oman

Delivery Route: Bahrain – UAE

Delivery Route: Bahrain – Qatar*

Delivery Route: Bahrain – Jordan

Delivery Route: Bahrain – KSA

Delivery Route: Oman – Bahrain*

TOTAL ESTIMATED PRICE (CLINs 0001 – 0014)

THREE MONTH OPTION PERIOD

Period of Performance: 1 Oct 2018 – 31 Dec 2018

Fixed-Price (ALL CLINS)

Delivery Route: Bahrain – Kuwait

Delivery Route: Bahrain – Oman (CLINs 0003-0004)

Delivery Route: Bahrain – UAE (CLINs 0005-0006)

Delivery Route: Bahrain – Qatar*

Delivery Route: Bahrain – Jordan (CLINs 0010-0011)

Delivery Route: Bahrain – KSA (CLINs 0012-0013)

Delivery Route: Oman – Bahrain*

TOTAL ESTIMATED PRICE (CLINs 1001 – 1014)

SIX MONTH OPTION PERIOD -– SEE FAR 52.217-8**

Period of Performance: 1 Jan 2019 – 30 Jun 2019

Fixed-Price (ALL CLINS)

Delivery Route: Bahrain – Kuwait

Delivery Route: Bahrain – Oman (CLINs 1004-1006)

Delivery Route: Bahrain – UAE (CLINs 1007-1009)

Delivery Route: Bahrain – Qatar*

Delivery Route: Bahrain – Jordan (CLINs 1013-1015)

Delivery Route: Bahrain – KSA (CLINs 1016-1018)

Delivery Route: Oman – Bahrain*

TOTAL ESTIMATED PRICE (CLINs 2001 – 2014)

TOTAL ESTIMATED PRICE (CLINs 0001 – 2014

*CLINs X007 and X008 are part of the requirement and quantities will be identified if/when restrictions are lifted and deliveries resume. CLINs X013 and X014 are part of the requirement and quantities will be established once identified.

**CLINs 2001 – 2014 ARE OPTION CLINs AND MAY BE EXERCISED PURSUANT TO FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)**

FAR 52.212-1 INSTRUCTION TO OFFERORS – COMMERCIAL ITEMS (JAN 2017)

ADDENDA TO FAR 52.212-1 INSTRUCTION TO OFFERORS – COMMERCIAL ITEMS (JAN 2017)

Reference paragraph (c) under referenced provision FAR 52.212-1. This paragraph is tailored to read as follows:

(c) Period of acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

The following two (2) paragraphs under referenced provision 52.212-1 are hereby deleted:

(d) Product samples

(e) Multiple offers

This section provides guidance for preparing the quote as well as specific instructions on the format and content of the quote. Offeror quotes shall include all data and information requested herein and shall be submitted in accordance with these instructions.

QUOTE SUBMISSION INSTRUCTIONS:

Questions shall be submitted by electronic mail to the Acquisition Specialist, Daniel Lentz via email at Daniel.lentz@dla.mil and the Contracting Officer, Jada Weaver via email at Jada.Weaver@dla.mil, appropriate subject: SP3300-18-Q-5013 Solicitation Question. Question(s) must be received by 3:00 p.m. Eastern local time on February 13, 2018. Answers to questions will be posted to the FEDBIZOPPS website via an amendment to the solicitation.

The hour and date for receipt of quotes is 3:00 p.m. Eastern Local Time on March 1, 2018. QUOTES MUST BE RECEIVED ELECTRONICALLY BY DANIEL.LENTZ @DLA.MIL BY 3:00 PM March 1, 2018 to be considered for award. Facsimile and hard copy submissions of quotes will not be accepted.

Offerors must include the following items. Submission of a quote that does not contain all items requested below may result in elimination from consideration for award.

QUOTES MUST HAVE THIS STATEMENT IN THE FOOTER OR HEADER OF EACH PAGE: SOURCE SELECTION INFORMATION SEE FAR 2.101 AND 3.104.

1. ORGANIZATION/NUMBER OF COPIES: The Offeror shall prepare the quote in the English language as set forth in the Quote Organization Table below. The titles and contents for each volume are defined below. A Table of Contents for each volume is required. Quote shall be submitted as two separate Volumes (electronic files) as follows:

(1) Volume I: Past Performance (Electronic File)

(2) Volume II: Price Quote (Electronic File)

1. Signed and dated quote with all required fill-ins completed. Included Company CAGE code, Company name, address, telephone number, e-mail address, FAX number; and Solicitation number.

2. Completed Schedule of Supplies/Services for base period, three month option period, and six month FAR 52.217-8 Option to Extend Services (Nov 1999). Quotes shall be submitted in U.S. dollars. Costs for currency exchanges or fluctuations in currency value are disallowed. Prices must be rounded to two decimal points.

3. Completed certifications and representations located at FAR 52.212-3 of the RFQ OR offeror statement indicating that said certifications and representations are current and located in the System for Award Management (SAM) database at http://www.sam.gov.

4. Acknowledgement of solicitation terms and conditions, signed SF30 amendments, if applicable.

VOLUME I – PAST PERFORMANCE

The Offeror shall provide information on its Past Performance Record. This information will be utilized to determine the relevancy and quality of the Offeror’s past performance record to the proposed effort as outlined in the Performance Work Statement (PWS) and the level of confidence the Government has for successful performance based upon the Offeror’s actions under previously awarded, relevant contracts.

The Offeror shall identify its most relevant contracts or efforts within the past three (3) years, and provide any other information the Offeror considers relevant to the requirements of the solicitation. The Offeror shall provide a detailed explanation of the relevance of the contracts or efforts to the requirements as stated in PWS. The Government recommends submission of a total of five (5) contracts encompassing the prime Offeror and/or any major subcontractors. A major subcontractor (defined as those providing twenty percent (20%) of total dollar threshold AND/OR twenty-five percent (25%) of total man-hour effort). If major subcontractor (defined as those providing twenty percent (20%) of total dollar threshold AND/OR twenty-five percent (25%) of total man-hour effort) experience is provided as part of the past performance references, it will be given weight relative to the percentage of effort being provided by that particular subcontractor in the offer submitted. The references will be evaluated in the aggregate in order to allow Offerors who may not have the entire scope, magnitude, and complexity of the requirement under one individual contract to still be considered relevant if experience with the full scope, magnitude, and complexity of the requirement can be demonstrated within the allotted number of references as described above.

If an Offeror or its major subcontractor(s) determines they have no relevant past performance data, they shall provide the following statement in lieu of the information request below: “(Insert Offeror or major subcontractor’s name) has determined that they possess no relevant past performance information IAW the Solicitation”.

To be compliant with Factor 1, Past Performance, Offerors shall provide the following information for both the Offeror and proposed major subcontractors. The Offeror shall submit the information in separate, tabbed sections (1), (2), (3), and (4), as outlined below.

(1) An index of Previous Contract Data -. The index shall contain relevant PRIME contracts and relevant SUBCONTRACTS currently being performed or completed during the last three (3) years. The index shall include:

Contractor Name;

Name of the customer /agency;

Contract/Purchase Order Number;

Customer points of contact (minimum of two (2), provide name, telephone number, fax number and e-mail addresses);

Length of contract;

Period of performance (dates);

Initial Contract Price;

Final Contract Price or price as of the last modification;

Description of product/service provided (include sufficient detail to demonstrate the scope and complexity of the product/service provided);

Discussion of the similarities and differences of experience (include sufficient detail to demonstrate similarities/dissimilarities to the requirements of this solicitation);

Facilities in which the product/service was performed and;

Quality of Past Performance to include a discussion of actual performance under each contract listed, including problems encountered; how they were resolved; the timeliness of deliverables required; how costs were controlled; business relationships; management of key personnel, and any other areas deemed necessary to provide insight into actual performance issues.

(2) A narrative synopsis that shall describe the specific nature of the work, similarities with the proposed work and the relevant experience gained. The narrative portion also shall indicate any occurrence of cost growth and/or schedule delays encountered. The appearance of growths and/or schedule delays on past contracts must be explained.

(3) Attachment 4, Past Performance Questionnaire. Offerors and all major subcontractors shall send this questionnaire to previous customers of relevant prime and subcontracts. All previous contracts utilized for Questionnaire information must be contained in the Previous Contract Data index for the Offeror/major subcontractor. The Offeror/major subcontractor shall complete Part I of Attachment 4 Past Performance Questionnaire prior to submitting the questionnaire to its previous customer(s). The Offeror/major subcontractor shall ask the customer to complete the questionnaire and return it directly to the Acquisition Specialist identified in Part III – RETURN INFORMATION of the questionnaire by no later than the solicitation due date and time. Evaluation members may contact the named individuals to clarify, obtain additional information, or conduct a telephonic survey of present/past performance. As such, the quote shall include a list of all Questionnaires submitted that provides the following information:

Name of the customer/agency;

Date submitted to customer/agency;

Contract/Purchase Order Number Customer points of contact (minimum of two (2), provide name, telephone number, fax number and e-mail addresses) and;

Whether the offeror/major subcontractor was a Prime or Subcontractor.

(4) Offerors and their major subcontractors may describe any quality awards or certifications that indicate technical excellence in the service requested. Examples of such awards or certifications include but are not limited to the Malcolm Aldridge Quality Award, other Government quality awards, and private sector awards or certifications (e.g. the automobile industries QS 9000, Semitic’s SSQA, or ANS/EIA-599). Offerors/major subcontractors shall indicate what segment of the company (or division or the entire company) received the award or certification and the date. If the award or certification is over three (3) years old, evidence that the qualifications still apply also shall be provided as part of the quote submission.

The Government may utilize the Federal Past Performance Information Retrieval System (PPIRS), the Contractor Performance Assessment Reporting System (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers, and Fee Determining Officials; responses received from the Performance Risk Assessment Questionnaire; and the Defense Contract Management Agency to determine the quality and relevance of the Offeror’s past performance.

VOLUME II – PRICE QUOTE

Price Quote The Offeror’s Price Quote shall be submitted for the period of performance in accordance with the Schedule of Supplies/Services CLIN structure of the solicitation. The offeror shall provide the total price for each year and the total price for all periods of performance. The Price Quote shall also include completed certifications and representations located at FAR 52.212-3 (Aug 2009) OR Offeror statement indicating that said certifications and representations are current and located in the SAM database which can be found at https://www.sam.gov.

The following provisions are incorporated by reference:

The following provisions are hereby added in full text:

FAR 52.209-5 – CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that --

(i) The Offeror and/or any of its Principals --

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, 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).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

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 52.216-1 – TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.

(End of Provision)

FAR 52.222-22 – PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror represents that --

(a) It * has, * has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b) It * has, * has not filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(End of Provision)

52.222-25 – AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

The offeror represents that --

(a) It * has developed and has on file, * has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or

(b) It * has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(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, Acquisition Operations (J7-AB), 430 Mifflin Avenue, Suite 3102A, New Cumberland, PA 17070-5008, Attn: Jada Weaver, Contracting Officer.

(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 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil (End of Provision)

DLAD 52.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION

(DEC 2016)

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-1), or, for the Agency, by the contracting officer, and approved at a level above the contracting officer after consultation with the ADR Specialist and legal counsel. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the contracting officer before determining ADR to be inappropriate.

(c) If you wish to opt out of this clause, check here [ ]. Alternate wording may be negotiated with the contracting officer.

(End of Provision)

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

(a) The Government will award more than one contract resulting from this solicitation to the responsible offeror(s) whose offer(s) conforming to the solicitation will be most advantageous to the Government, price and past performance considered. The following non-price factor shall be used to evaluate offers:

Factor 1: PAST PERFORMANCE

Past Performance is significantly more important than price.

Evaluation Approach The Government intends to evaluate quotes and award more than one contract without questions. Therefore, the offeror's initial quote should contain the offeror's best terms from a price and past performance standpoint.

Basis for Contract Award The award(s) of a contract(s) as a result of this solicitation will be based on a Best Value/Trade Off assessment of the results of the evaluation based on past performance. The integrated assessment shall include consideration of the strengths, weaknesses, and/or deficiencies of the quotes and a consideration of tradeoffs between the past performance and price. Ultimately, the award decision will take into account the offeror's capability to meet the requirements of this solicitation on a timely and price effective basis. The Government reserves such right of flexibility in conducting the evaluation as is necessary to assure placement of a contract in the Government's best interest. Accordingly, the Government may award any resulting contract to other than the offeror with the lowest price, or other than the offeror with the highest evaluation ratings.

The Government intends to make more than one award as a result of this RFQ to the responsible offerors whose conforming offer will be most advantageous to the Government, price and other factors considered. The Government will make the number of awards determined to be in the Government’s best interest after evaluation of quotes. The contract(s) resulting from this solicitation will be awarded to that responsible offeror(s) whose offer(s), conforming to the solicitation, is determined most advantageous to the Government, price and past performance considered.

Award will be made to the offeror(s) who provides a complete quote pursuant to the preparation requirements set forth in the Instructions to Offerors – Commercial Items, is responsive to the evaluation factors set forth in the solicitation, Evaluation – Commercial Items and provides the best overall value to the Government. Price is not a rated evaluation factor, but will be considered in determining the best value to the government. The degree of importance of price will increase with the degree of equality of the quotes.

Factor 1: Past Performance The Offeror will be evaluated on the relevancy of the recent past performance record provided in Volume I of the quote and any other relevant past performance information obtained from other sources which may include: Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers, and Fee Determining Officials; responses received from the Performance Risk Assessment Questionnaire; and the Defense Contract Management Agency (DCMA).

There are three aspects to the past performance evaluation: recency, relevancy (including context of data), and quality (including general trends in contractor performance and source of information).

The Government shall first evaluate the offeror’s past performance references to determine the recency and relevancy of those references to this acquisition. In the context of this procurement, recency is defined as performance occurring within the past three (3) years. The relevancy assessment shall consider the similarity of scope, magnitude of effort, and the complexities this solicitation requires. With respect to relevancy, more relevant past performance will typically be a stronger predictor of future success and have more influence on the performance confidence assessment than past performance of lesser relevance.

The Government shall then determine how well the contractor performed on the recent and relevant contracts (Quality of Products or Services). The Government will assign an overall past performance rating as to the Offeror’s ability to perform on the required effort based upon the relevant past performance record demonstrating: (1) A quality product or service (i.e. the conformance to contract requirements, specifications, and standards of good workmanship); (2) Timeliness of the contract with regard to completion of contract, delivery orders, milestones, delivery schedules and administrative requirements (e.g., effort that contributes to or affects the schedule variance); (3) Acceptable cost control with regard to the Offeror’s effectiveness in forecasting, managing, and controlling contract cost; (4) Good business relationships with regard to the timeliness, completeness and quality of problem identification and resolution, Offeror’s history of reasonable and cooperative behavior, customer satisfaction, timely award and management of subcontracts, and whether the contractor met their small/small disadvantaged and women owned business participation goals; (5) Management of key personnel with regard to demonstration of a commitment to the management of key personnel with regard to the Offeror’s performance in selecting, retaining, supporting, and replacing, when necessary, key personnel; and (6) Regulatory Compliance.

The Government will consider past performance data of the Offeror and its major subcontractors. A major subcontractor is defined as those providing twenty percent (20%) of total dollar threshold and/or twenty-five percent (25%) of total man-hour effort. Subcontractors not meeting the definition of a “major subcontractor” will not be evaluated. Additionally, the performance must have occurred during the last three (3) years.

Offerors without a Past Performance Record, for whom a Past Performance Record is not available, or whose performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned, shall receive a “Neutral Confidence” Performance Confidence Assessment rating. Should the Government discover adverse past performance information to which the Offeror(s) had not had a prior opportunity to respond, the KO will conduct communications if deemed appropriate.

PRICE QUOTE

Although price is not adjectivally rated or combined with the other evaluation factors to establish a merit rating, it will be assessed as part of the best value analysis. In those evaluations where the evaluation factor is significantly more important than price, the degree of importance of the price will increase with the degree of equality of the quotes in relation to past performance.

The Government will perform price analysis as the resultant contract(s) will be Firm-Fixed-Priced. This assessment will determine the reasonableness of the price proposed.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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

(End of Provision)

FAR 52.212-3 – OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS

(JAN 2017) WITH ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision-- “Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(vi) The Family and Medical Leave Act; and

(vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(4) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(5) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(6) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the…