Amendment_0001_SP330018R5005.pdf

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Attached to
DLA Distribution Transportation Contract (DDTC) Federal contract opportunity
Solicitation number
SP3300-18-R-5005
Issued by
Defense Logistics Agency Distribution

About this file

This is a notice for a solicitation seeking transportation services. The Defense Logistics Agency Distribution requires long-term contracts to deliver various classes of material from Bahrain and other Gulf Cooperation Council countries to destinations in Iraq, Jordan, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates. The contractor must pick up material within 24 hours of notification and meet delivery timelines of 12 days for Kuwait and 18 days for other destinations. The period of performance is a five-year base ordering period from October 2018 to September 2023 with an optional six-month extension. Awards will be multiple firm-fixed-price indefinite delivery/indefinite quantity contracts distributed evenly among awardees based on their ability to meet delivery requirements. The solicitation number is SP3300-18-R-5005 and will be issued on April 12, 2018.

Amendment 0001

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Other files for this federal contract opportunity

Other files attached to DLA Distribution Transportation Contract (DDTC), newest first.
File Type Posted
Amendment_0010_SP330018R5005.pdf PDF
Amendment_0010_-_Attachment_1_-_Industry_Questions_and_Government_Answers.pdf PDF
Amendment_0009_SP330018R5005.pdf PDF
SP330018R5005_PWS_Conformed_Thru_Amendment_0009.pdf PDF
Amendment_0008_-_Attachment_1_-_Industry_Questions_and_Government_Answers.pdf PDF
Amendment_0008_SP330018R5005.pdf PDF
Sf1449_Conformed_thru_Amendment_0007.pdf PDF
SP330018R5005_PWS_Conformed_Thru_Amendment_0007.pdf PDF
Amendment_0007_-_Attachment_1_-_Industry_Questions_and_Government_Answers.pdf PDF
RFP_SP330018R5005_Conformed_thru_Amendment_0007.pdf PDF
Amendment_0007_SP330018R5005.pdf PDF
Amendment_0006_-_Attachment_1_-_Industry_Questions_and_Government_Answers.pdf PDF
Amendment_0006_SP330018R5005.pdf PDF
TE_1.1_List_of_Destinations_Conformed_thru_Amendment_0006.pdf PDF
Sf1449_Conformed_thru_Amendment_0006.pdf PDF
RFP_SP330018R5005_Conformed_thru_Amendment_0006.pdf PDF
AA_Form.pdf PDF
TAN_Enduring_PWS_Conformed_Thru_Amendment_0005_Draft__6.7.18.pdf PDF
Amendment_0005_-_Attachment_1_-_Industry_Questions_and_Government_Answers.pdf PDF
RFP_SP330018R5005_Conformed_thru_Amendment_0005.pdf PDF
Amendment_0005_SP330018R5005.pdf PDF
TE_1.1_List_of_Destinations_Conformed_thru_Amendment_0005.pdf PDF
Notice_Regarding_Restricted_Access.docx DOCX document
Amendment_0004_SP330018R5005.pdf PDF
RFP_SP330018R5005_Conformed_thru_Amendment_0004.pdf PDF
Sf1449_Conformed_thru_Amendment_0004.pdf PDF
Amendment_0004_-_Attachment_1_-_Industry_Questions_and_Government_Answers.pdf PDF
TE_1.1_List_of_Destinations_Conformed_thru_Amendment_0004.pdf PDF
TAN_Enduring_PWS_Conformed_Thru_Amendment_0004__5.31.18.pdf PDF
Amendment_0003_SP330018R5005.pdf PDF
RFP_SP330018R5005_Conformed_thru_Amendment_0002.pdf PDF
Amendment_0002_SP330018R5005.pdf PDF
Sf1449_Conformed_thru_Amendment_0002.pdf PDF
Attachment_3_CDRL_A001_Reporting.pdf PDF
RFP_SP330018R5005.pdf PDF
Sf1449.pdf PDF
Attachment_2_TE_1.1_List_of_Destinations.pdf PDF
Attachment_4_Past_Performance_Questionnaire.pdf PDF
Attachment_1_PWS.pdf PDF
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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

PAGE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE NO. 5. PROJECT NO. (If applicable)

0001 05/08/2018

6. ISSUED BY CODE SP3300 7. ADMINISTERED BY (If other than Item 6) CODE

DLA DISTRIBUTION ACQUISITION OPERATIONS

430 MIFFLIN AVENUE, SUITE 3102A

NEW CUMBERLAND, PA 17070-5059

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and Zip Code) 9A. AMENDMENT OF SOLICITATION NO.

SP3300-18-R-5005

X

9B. DATED (SEE ITEM 11)

04/12/2018

10A. MODIFICATION OF CONTRACT/ORDER NO.

CODE: FACILITY CODE: 10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A THIS CHANGE ORDER IS ISSUED PURSUANT TO (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NO. IN ITEM 10A.

B THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (Such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D OTHER (Specify type of modification and authority.

E. IMPORTANT: Contractor is not, X is required to sign this document and return 1 copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

See attached page.

Please sign and return this SF30 cover page of Amendment 0001 as part of your proposal submittal.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15a. NAME AND TITLE OF SIGNER (Type or print) 15a. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

JADA A. WEAVER

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

BY_________________________________________ BY_________________________________________ (Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITION NOT USABLE

30-105 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

Amendment 0001

1. The purpose of this amendment is to incorporate the following changes into the solicitation:

a. RFP SP330018R5005 (Pgs 1 – 66) has been replaced with RFP SP330018R5005 Conformed thru Amendment 0001 (Pgs 1 – 66).

b. T.E. 1.1 List of Destinations has been replaced with T.E. 1.1 List of Destinations Conformed thru Amendment 0001.

All revised sections are identified by the annotation “Conformed thru Amendment 0001” in the header or footer of each page. Narrative changes to MS Word documents are identified by change bars in the right hand margin across from each paragraph that has changed.

2. Questions from Industry and Government Responses have been provided with this amendment (Attachment 1). The questions may have been redacted to ensure anonymity. The Government response is provided for each question to allow all potential offerors the opportunity to see all communications with industry.

3. Offerors are advised to review all revised documents closely as changes may have been incorporated that were not a result of questions received from industry.

4. All other terms and conditions remain unchanged and in full force and effect.

Attachment 1 - Industry Questions and Government Answers

Question Government Response

1. Can you please confirm if there is an existing incumbent performing under that SOW? If so, what is the contract number?

RFQ SP3300-18-Q-5013 was published to meet this requirement for the short-term. The following two purchase orders were awarded from this RFQ:

SP3300-18-P-5002 - KGL Transportation Company SP3300-18-P-5003 - Final Mile Logistics

SP3300-18-R-5005 is the long-term solicitation for this requirement.

2. Will the requirement only include truck distribution from within the TAN to Jordan and Iraq and will not include sea shipment transporting required class II, III, IV, and IX to the DLA Disposition or DLA Disposition locations

That is correct - the requirement is for land transportation.

3. Our company is very interested about this contract, because we have the full capacity to successfully complete this contract, please can you send me a Solicitation copy

Our office does not send copies of the solicitation. Everything is posted to the Federal Business Opportunities website (www.fbo.gov). Please monitor the website for the solicitation.

4.

Can you explain how this requirement will differ than the recently awarded SP3300-18-Q-5013 contract?

SP3300-18-Q-5013 states:

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.

SP330018R5005 is the referenced longer term requirement.

5. Will a multi modal solution for Qatar be an acceptable solution for DLA?

Or we just need to quote for trucking and DLA will utilise as and when the embargo is lifted on road movements by Bahrain and Saudi?

Your price should reflect the trucking route to be utilized when required.

6 Please add my company to your vendors list and to send me your offers. Our office does not maintain a vendor list nor send copies of the solicitation. Everything is posted to the Federal Business Opportunities website (www.fbo.gov). Please monitor the website under SP3300 for DLA Distribution business opportunities.

7. REF: Pg 37 of 66, 3. Submission of a proposal that does not contain all of the items requested may result in elimination from consideration for award.

Partial bids will not be accepted. The following has been added to FAR 52.212-2 – EVALUATION – COMMERCIAL ITEMS (OCT 2014) under PRICE PROPOSAL (pg. 47) for clarification:

http://www.fbo.gov/

QUESTION: Is it possible for an offeror to submit a partial bid in response to this solicitation for areas that the offeror feels that it is most competitive?

“Offers must be submitted for all contract line items (CLINs) to be evaluated for a single contract award. Offers for less than all CLINs will be rejected.”

8. REF: Pg 5,6,7 of 66 and Attachment 2 (T.E. 1.1 – List of Destinations) QUESTION: Please confirm that Iraq is a destination for this solicitation as it is not included in the destinations listed in Attachment_2_TE_1.1_List_of_Destinations, however is included in the pricing component?

RFP Attachment 2 TE 1.1 List of Destinations has been updated to add Iraq and its destinations.

9. REF: Attachment 2 (T.E. 1.1 – List of Destinations) QUESTION: If Iraq is a destination for this solicitation, can you please confirm which locations within Iraq (Baghdad, Basra, Erbil, etc.)?

RFP Attachment 2 TE 1.1 List of Destinations has been updated to add Iraq and its destinations.

10.

Where is the place of performance?

There are multiple transportation routes from Bahrain as provided in the RFP SP3300-18-R-5005 and Attachment 2, T.E. 1.1 – List of Destinations. All information is posted to the Federal Business Opportunities Website (www.fbo.gov).

Thumrait Air Base has been added as a destination under Oman as provided in the revised Attachment 2, T.E. 1.1 List of Destinations

11. Please confirm that transportation requests will originate from DLA Disposition in Bahrain?

The origination is Defense Logistics Agency (DLA) Distribution Bahrain, Southwest Asia (DDNB)

12. Do you anticipate that the Base of Operations is to be Bahrain? Shipments will originate at DDNB as provided in the Schedule of Supplies/Services

13. What locations that are most delivered to? Estimated quantities for each transportation route are provided in the Schedule of Supplies/Services

14. In transit visibility - is there a preferred system that the Government prefers to the be used?

The Government will evaluate each proposed in-transit visibility system against the PWS requirements

15.

Please provide examples of Accessorial Charges (PWS P.)

Charges made for performing freight services beyond normal pickup and delivery such as waiting time, fuel surcharges and storage charges, etc.

16. Please advise if there are any incumbents, and if so, their names. See Response to Question #1

17. Is there any difference in this solicitation v/s the previous one (SP3300-18-

Q-5013) See Response to Question #4

18. Are there any restrictions to responding to this solicitation if the offeror proposed under SP3300-18-Q-5013?

No http://www.fbo.gov/

19. Would please inform us if this solicitation is splited for each country or as one? I mean if we submitted, should we consider all sites in gulf states or in Iraq only? If for all, what kind of assistance you provide for the contractor concerning entering other countries?

See Q&A #7

20. REF: Pg. 38 QUESTION: Offeror shall identify its most relevant contracts or efforts within the past three (3) years causes an unfair competition environment.

Would the Government consider amending this to ten (10) years?

The Government has determined three years to be appropriately recent for this requirement.

21. REF: Pg. 39 QUESTION: An index of Previous Contract Data - … shall contain relevant PRIME contracts and relevant SUBCONTRACTS currently being performed or completed during the last three (3) years causes an unfair competition environment. Would the Government consider amending this to ten (10) years?

The Government has determined three years to be appropriately recent for this requirement.

22. Is Attachment J.1, included to 40 pages limit to Volume I The Government assumes this question was intended to reference Attachment 4 – Past Performance Questionnaire, which does not count against the 40 page limit of Volume I because the Questionnaires are completed by previous customers and returned directly to the Government Acquisition Specialist (brian.rose@dla.mil)

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

35.

36.

37.

38.

mailto:brian.rose@dla.mil

Conformed thru Amendment 0001

1. This Request for Proposal (RFP) is being issued under full and open competition to establish multiple Firm-Fixed-Price Indefinite Delivery/Indefinite Quantity (IDIQ) type contracts. The DLA Distribution Transportation Contracts (DDTC) are to provide a Transportation support capability in the Arabian Peninsula that would serve as the primary conduit for cargo in support of the Trans Arabian Network (TAN). The North American Industry Classification System (NAICS) code for the effort is 484230 and the size standard is $27.5M.

2. A copy of the Schedule of Supplies and Services is provided as PART I.

3. The period of performance will be a five year ordering period (inclusive of a three-month Phase-In period) from 01 October 2018 – 30 September 2023 with up to six (6) month option period under FAR 52.217-8 Option to Extend Services (Nov 1999) from 01 October 2023 – 31 March 2024.

4. Due date and time for proposal questions is 2:00 pm eastern local time on 15 May 2018.

Questions must be submitted in accordance with the instructions found in the solicitation.

5. Due date and time for proposal submission is 12:00 pm eastern local time on 31 May 2018.

Proposals must be submitted in accordance with the instructions found in the solicitation.

6. The Government intends to make more than one award of an ID/IQ contract as a result of this RFP 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 proposals. 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. Once the number of awards has been determined, the Government intends to distribute the total requirements between awarded contracts. If multiple awards are made, it is the Government’s intent to place orders with each awardee; however, order placement will be determined based upon awardees ability to meet the specific delivery requirements. If the Government’s requirements do not result in the quantities estimated; such event shall not constitute the basis for an equitable price adjustment under the contract.

7. Any negotiated rates will be used to establish a firm fixed price under a task order. Unit prices shall include all costs for transportation from Bahrain to final destination, including, but not limited to, customs, reporting, liability/insurance, labor, and equipment, and any associated costs. Payment will be for actual quantities procured and delivered at the firm fixed unit prices outlined in each Delivery Order.

8. Invoicing Instructions:

A. Invoices for the first task order (Phase-In CLIN) shall be submitted at the conclusion of the Phase-In period in accordance with the delivery order invoicing instructions, DFARS 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports(June 2012), and DFARS 252.232-7006, Wide Area Workflow Payment instructions (May 2013). Payment instructions can be found at https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI204_71.htm#payment_instructions https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI204_71.htm#payment_instructions

B. The DDNB Transportation Officer will place orders for the required transportation services.

The lane rates established in the awarded ID/IQ contracts will be utilized in Syncada®. The Contractors shall electronically invoice the government in a manner agreed upon between the Contractors and Syncada®. The Contractors shall be Syncada® (third party payment system) enabled within 30 calendar days of contract award. Payment of charges for transportation services shall be made only upon completion of the services as evidenced by the Contractor’s certification of delivery at destination. Delivery dates entered into Syncada® shall reflect the actual date that the shipment was delivered to the destination location. Such certification shall be made electronically using Syncada®, and shall not be made until the shipment has actually been delivered. Any certification of delivery prior to actual delivery may result in contract termination, disqualification or disbarment of the Contractors from Government transportation programs and procurements.

9. The Government is not soliciting for the “same old way” of doing business. The Government encourages proposals that will achieve savings through innovative processes. Furthermore, DLA Distribution personnel are working to eliminate unnecessary requirements and negotiating for a reduction in material prices. Therefore, your assistance is requested in not only reducing prices but also, request submitting all of your ideas for how to improve our buying processes to reduce costs.

10. Minimum and Maximum Quantities:

As referred to in paragraph (b) of FAR 52.216-22 entitled “Indefinite Quantity”, the minimum value of supplies/services is equal to the awarded contract amount for the Phase-In CLIN 0015 (for the entire contract). The maximum value of the supplies/services is $55,000,000.00.

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 Bahrain to final destination, including, but not limited to, customs, reporting, liability/insurance, labor, and equipment, and any associated costs.

PART 1 – THE SCHEDULE

SUPPLIES OR SERVICES AND PRICES/COSTS

QUANTITIES REPRESENT HALF OF THE TOTAL REQUIREMENT

CLIN SUPPLIES/SERVICES QTY UNIT

FIXED

UNIT

PRICE

AMOUNT

Period of Performance:

01 October 2018 - 30 September 2023

Firm-Fixed-Price (ALL CLINS)

Applicable PSC to all CLINs: V112

Delivery Route: Bahrain – Kuwait

0001 Transportation from Bahrain – Kuwait (20’ flatbed) 215 EA _________ _______________

0002 Transportation from Bahrain – Kuwait (40’ flatbed) 1,075 EA _________ _______________

Delivery Route: Bahrain – Oman

0003 Transportation from Bahrain – Oman (20’ flatbed) 1 EA _________ _______________

0004 Transportation from Bahrain – Oman (40’ flatbed) 5 EA _________ _______________

Delivery Route: Bahrain – UAE

0005 Transportation from Bahrain – UAE (20’ flatbed) 11 EA _________ _______________

0006 Transportation from Bahrain – UAE (40’ flatbed) 53 EA _________ _______________

Delivery Route: Bahrain – Qatar

0007 Transportation from Bahrain – Qatar (20’ flatbed) 28 EA _________ _______________

0008 Transportation from Bahrain – Qatar (40’ flatbed) 140 EA _________ _______________

Delivery Route: Bahrain – Jordan

0009 Transportation from Bahrain – Jordan (20’ flatbed) 2 EA _________ _______________

0010 Transportation from Bahrain – Jordan (40’ flatbed) 10 EA _________ _______________

Delivery Route: Bahrain – Iraq

0011 Transportation from Bahrain – Iraq (20’ flatbed) 52 EA _________ _______________

0012 Transportation from Bahrain –Iraq (40’ flatbed) 260 EA _________ _______________

PART 1 – THE SCHEDULE

SUPPLIES OR SERVICES AND PRICES/COSTS

QUANTITIES REPRESENT HALF OF THE TOTAL REQUIREMENT

CLIN SUPPLIES/SERVICES QTY UNIT

FIXED

UNIT

PRICE

AMOUNT

Delivery Route: Bahrain – KSA

0013 Transportation from Bahrain – KSA (20’ flatbed) 6 EA _________ _______________

0014 Transportation from Bahrain – KSA (40’ flatbed) 28 EA _________ _______________

0015 Phase-In: includes hiring, Syncada registration, Quality Control Plan, obtaining vehicles and insurance and all other functions required to be prepared for Full Performance

(01 October 2018 – 31 December 2018)

1 EA _________ _______________

TOTAL ESTIMATED PRICE (CLINs 0001 – 0015) _______________

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

Period of Performance:

01 October 2023 – 31 March 2024

Fixed-Price (ALL CLINS)

Applicable PSC to all CLINs: V112

Delivery Route: Bahrain – Kuwait

1001 Transportation from Bahrain – Kuwait (20’ flatbed) 22 EA _________ _______________

1002 Transportation from Bahrain – Kuwait (40’ flatbed) 108 EA _________ _______________

Delivery Route: Bahrain – Oman

1003 Transportation from Bahrain – Oman (20’ flatbed) 1 EA _________ _______________

1004 Transportation from Bahrain – Oman (40’ flatbed) 1 EA _________ _______________

Delivery Route: Bahrain – UAE

1005 Transportation from Bahrain – UAE (20’ flatbed) 2 EA _________ _______________

1006 Transportation from Bahrain – UAE (40’ flatbed) 6 EA _________ _______________

Delivery Route: Bahrain – Qatar

1007 Transportation from Bahrain – Qatar (20’ flatbed) 3 EA _________ _______________

1008 Transportation from Bahrain – Qatar (40’ flatbed) 14 EA _________ _______________

Delivery Route: Bahrain – Jordan

1009 Transportation from Bahrain – Jordan (20’ flatbed) 1 EA _________ _______________

1010 Transportation from Bahrain – Jordan (40’ flatbed) 1 EA _________ _______________

Delivery Route: Bahrain – Iraq

1011 Transportation from Bahrain – Iraq (20’ flatbed) 6 EA _________ _______________

PART 1 – THE SCHEDULE

SUPPLIES OR SERVICES AND PRICES/COSTS

QUANTITIES REPRESENT HALF OF THE TOTAL REQUIREMENT

CLIN SUPPLIES/SERVICES QTY UNIT

FIXED

UNIT

PRICE

AMOUNT

1012 Transportation from Bahrain –Iraq (40’ flatbed) 26 EA _________ _______________

Delivery Route: Bahrain – KSA

1013 Transportation from Bahrain – KSA (20’ flatbed) 1 EA _________ _______________

1014 Transportation from Bahrain – KSA (40’ flatbed) 3 EA _________ _______________

TOTAL ESTIMATED PRICE (CLINs 1001 – 1014) _______________

Total Estimated Price (All CLINs) _______________

**CLINs 1001 – 1014 ARE OPTION CLINs AND MAY BE EXERCISED PURSUANT TO FAR 52.217-8 OPTION TO EXTEND

SERVICES (NOV 1999)**

Addenda to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL

ITEMS (JAN 2017)

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE.

FAR 52.202-1 DEFINITIONS (NOV 2013)

FAR 52.203-3 GRATUITIES (APR 1984)

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (OCT 2010)

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INCOFRM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (APR 2014)

FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER

PFIBER CONTENT PAPER (MAY 2011)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINITENANCE (OCT

2016)

FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (JUL 2016)

FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

FAR 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE

SMALL BUSINESS CONCERNS (OCT 2014)

FAR 52.228-3 WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT)

(JUL 2014)

FAR 52.229-6 TAXES—FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)

FAR 52.232-4 PAYMENTS UNDER TRANSPORTATION CONTRACTS AND

TRANSPORTATION-RELATED SERVICES CONTRACTS (APR

1984)

FAR 52.232-17 INTEREST (MAY 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 BANKRUPCY (JUL 1995)

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

FAR 52.243-1 CHANGES – FIXED PRICE (AUG 1987) Alternate IV (Apr 1984)

FAR 52.246-4 INSPECTION OF SERVICES – FIXED PRICE (AUG 1996)

FAR 52.247-8 ESTIMATED WEIGHTS OR QUANTITIES NOT GUARANTEED

(APR 1984)

FAR 52.247-9 AGREED WEIGHT – GENERAL FREIGHT (APR 1984)

FAR 52.247-12 SUPERVISION, LABOR, OR MATERIALS (APR 1984)

FAR 52.247-16 CONTRACTOR RESPONSIBILITY FOR RETURNING

UNDELIVERED FREIGHT (APR 1984)

FAR 52.247-18 MULTIPLE SHIPMENTS (APR 1984)

FAR 52.247-21 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR

PROPERTY DAMAGE (APR 1984)

FAR 52.247-22 CONTRACTOR LIABILITY FOR LOSS OF AND/OR DAMAGE TO

FREIGHT OTHER THAN HOUSEHOLD GOODS (APR 1984)

FAR 52.247-24 ADVANCE NOTIFICATION BY THE GOVERNMENT (APR 1984)

FAR 52.247-27 CONTRACT NOT AFFECTED BY ORAL AGREEMENT (APR 1984)

FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

DFARS 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 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 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC

2012)

DFARS 252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)

DFARS 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK

PRODUCT (APR 1992)

DFARS 252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT

(FEB 2014)

DFARS 252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-

PARTY CONTRACTOR REPORTED CYBER INCIDENT

INFORMATION (OCT 2016)

DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION

AND CYBER INCIDENT REPORTING (OCT 2016)

DFARS 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF

INFORMATION FOR LITIGATION SUPPORT (MAY 2016)

DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE

AGREEMENT HOLDERS (DEC 1991)

DFARS 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR

CONTROLLED BY THE GOVERNMENT OF A COUNRY

THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015)

DFARS 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR

2016)

DFARS 252.211-7008 USE OF GOVERNMENT-ASSIGNED SERIAL NUMBERS

(SEP 2010)

DFARS 252.222-7002 COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS)

(JUN 1997)

DFARS 252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)

DFARS 252.225-7005 IDENTIFICATION OF EXPENDITURES IN THE UNITED

STATES (JUN 2005)

DFARS 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES

(DEC 2017)

DFARS 252.225-7021 TRADE AGREEMENTS-BASIC (DEC 2017)

DFARS 252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)

DFARS 252.225-7040 CONTRACTOR PERSONNEL SUPPORTING U.S. ARMED

FORCES DEPLOYED OUTSIDE THE UNITED STATES (OCT

2015)

DFARS 252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997)

DFARS 252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR

DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES

(JUN 2015)

DFARS 252.225-7981 ADDITIONAL ACCESS TO CONTRACTOR AND

SUBCONTRACTOR RECORDS (OTHER THAN

USCENTCOM) (DEVIATION 2015-O0016)(SEP 2015)

DFARS 252.225-7993 PROHIBITION ON PROVIDING FUNDS TO THE ENEMY

(DEVIATION 2015-O0016) (SEP 2015)

DFARS 252.225-7994 ADDITIONAL ACCESS TO CONTRACTOR AND

SUBCONTRACTOR RECORDS IN THE UNITED STATES

CENTRAL COMMAND THEATER OF OPERATIONS

(DEVIATION 2015-O0013)(MAR 2015)

DFARS 252.225-7995 CONTRACTOR PERSONNEL PERFORMING IN THE UNITED

STATES CENTRAL COMMAND AREA OF RESPONSIBILITY

(DEVIATION 2015-O0009)(JAN 2015)

DFARS 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-

OWNED ECONOMIC ENTERPRISES, AND NATIVE

HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004)

DFARS 252.228-7003 CAPTURE AND DETENTION (DEC 1991)

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND

RECEIVING REPORTS (JUN 2012)

DFARS 252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS) (JUN 1997)

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

DFARS 252.232-7011 PAYMENTS IN SUPPORT OF EMERGENCIES AND

CONTIGENCY OPERATIONS (MAY 2013)

DFARS 252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997)

DFARS 252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY

CONTRACTOR PERSONNEL (JUN 2013)

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

DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA-BASIC (APR

2014)

DFARS 252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY

SEA (MAR 2000)

DFARS 252.247-7028 APPLICATION FOR U.S. GOVERNMENT SHIPPING

DOCUMENTATION/INSTRUCTIONS (JUN 2012)

THE FOLLOWING CLAUSES ARE INCORPORATED IN FULL TEXT.

FAR 52.204-21 - Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause–

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C.

3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

FAR 52.216-18 – Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 01 October 2018 through 30 September 2023 with up to six (6) month option period under FAR 52.217-8 Option to Extend Services (Nov 1999) from 01 October 2023

– 31 March 2024.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

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 $2,000.00, 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 the Simplified Acquisition Threshold;

(2) Any order for a combination of items in excess of $6,000,000.00; or

(3) A series of orders from the same ordering office within 3 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 2 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.

(End of Clause)

FAR 52.216-22 -- Indefinite Quantity (OCT 1995).

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) 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 31 March 2024.

(End of Clause)

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

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 DAYS.

FAR 52.228-9 - CARGO INSURANCE (MAY 1999)

(a) The Contractor, at the Contractor’s expense, shall provide and maintain, during the continuance of this contract, cargo insurance of (See Attachment 1 – PWS Section C: Carrier’s Liability) per vehicle to cover the value of property on each vehicle and of (See Attachment 1 – PWS Section C: Carrier’s Liability) to cover the total value of the property in the shipment.

(b) All insurance shall be written on companies acceptable to DLA Distribution, and policies shall include such terms and conditions as required by DLA Distribution. The Contractor shall provide evidence of acceptable cargo insurance to DLA Distribution before commencing operations under this contract.

(c) Each cargo insurance policy shall include the following statement:

“It is a condition of this policy that the Company shall furnish—

(1) Written notice to DLA Distribution, 30 days in advance of the effective date of any reduction in, or cancellation of, this policy; and

(2) Evidence of any renewal policy to the address specified in paragraph (1) of this statement, not less than 15 days prior to the expiration of any current policy on file with DLA Distribution.”

FAR 52.246-14 - INSPECTION OF TRANSPORTATION (APR 1984)

The Government has the right to inspect and test the Contractor’s services, facilities, and equipment at all reasonable times. The Contractor shall furnish Government representatives with the free access and reasonable facilities and assistance required to accomplish their inspections and tests.

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

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

www.acquisition.gov

(End of Clause)

DFARS 252.216-7006 ORDERING (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from 01 October 2018 through 30 September 2023 with up to six (6) month option period under FAR 52.217-8 Option to Extend Services (Nov 1999) from 01 October 2023 – 31 March 2024.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

The following clause is applicable to CLIN 0015 only

DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions. (MAY 2013)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

________________Invoice – (stand-alone)________________________________________ (Contracting Officer: Insert applicable document type(s).

Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 https://www.acquisition.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

__________________Not Applicable_______________________________________ (Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SL4701

Issue By DoDAAC SP3300

Admin DoDAAC SP3300

Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC) SB3300

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

_brian.rose@dla.mil____________ (Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

_ brian.rose@dla.mil _____________________________ (Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

REQUIREMENTS

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

(b) The contractor will be provided with a copy of the assessment. The contractor will have 30 calendar-days to submit comments, additional information, or rebut statements if warranted or desired. The contractor must strictly control access to the assessment while in the Contractor's possession and must ensure that the assessment is never released to persons or entities outside of the contractor's control. After receipt of Contractor's comments or expiration of the 30-day comment period, whichever occurs first, and depending on the Contractor's response the Government will:

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

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

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

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

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

http://www.cpars.navy.mil/cparsfiles/pdfs/navycparsmanual.pdf

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

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

(End of Clause)

MARK CONTRACT NUMBER ON ALL CORRESPONDENCE

Contractor must mark the contract or purchase order number on all paperwork and shipments.

The order number must appear on the exterior of the shipment. Failure to follow these instructions will hold up payment to you and could result in the return of merchandise at your expense.

(End of Clause)

L06 Agency Protests (DEC 2016)

Interested parties may file an agency level protest with the contracting officer or may request an independent review by the chief of the contracting office (CCO). Independent review by the CCO is an alternative to consideration by the contracting officer and is not available as an appellate review of a contracting officer decision on a protest previously filed with the contracting officer. Absent a clear indication of the intent to file an agency level protest with the CCO for independent review, protests will be presumed to be protests to the contracting officer.

L08 Use of Past Performance Information Retrieval System—Statistical Reporting in Past Performance Evaluations (OCT 2016)

(1) The Past Performance Information Retrieval System-Statistical Reporting (PPIRS-SR) application (http://www.ppirs.gov/) will be used in the evaluation of suppliers’ past performance.

(2) PPIRS-SR collects quality and delivery data on previously awarded contracts and orders from existing Department of Defense reporting systems to classify each supplier’s performance history by Federal supply class (FSC) and product or service code (PSC). The PPIRS-SR application provides the contracting officer quantifiable past performance information regarding a supplier's quality and delivery performance for the FSC and PSC of the supplies being purchased.

(3) The quality and delivery classifications identified for a supplier in PPIRS-SR will be used by the contracting officer to evaluate a supplier’s past performance in conjunction with the supplier’s references (if requested). The Government reserves the right to award to the supplier whose offer represents the best value to the Government.

http://www.cpars.csd.disa.mil/ http://www.ppirs.gov/

(4) PPIRS-SR classifications are generated monthly for each contractor and can be reviewed by following the access instructions in the PPIRS-SR User’s Manual found at https://www.ppirs.gov/pdf/PPIRS-SR_UserMan.pdf. Contractors are granted access to PPIRS- SR for their own classifications only. Suppliers are encouraged to review their own classifications, the PPIRS-SR reporting procedures and classification methodology detailed in the PPIRS-SR User's Manual, and PPIRS-SR Evaluation Criteria available from the references at https://www.ppirs.gov/pdf/PPIRS-SR_DataEvaluationCriteria.pdf. The method to challenge a rating generated by PPIRS-SR is provided in the User’s Manual.

FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (JAN 2018).

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-

77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

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

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509)).

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

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

https://www.ppirs.gov/pdf/PPIRS-SR_UserMan.pdf https://www.ppirs.gov/pdf/PPIRS-SR_DataEvaluationCriteria.pdf https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1158787…

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