Solicitation SP451011R1002.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE 17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITON IS

UNRESTRICTED OR

NAICS:

SIZE STANDARD:

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

EMERGING SMALL

BUSINESS

8(A)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

STANDARD FORM 1449 (REV. 3/2005) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

CONTINUATION TO SF 1449

SP4510-11-R-1002

1. The following require completion by the offerors:

a. SF 1449

b. Bid Schedule (all CLINs)

c. SF 30 (as applicable)

d. VI.3, FAR 52.212-3 VI.5, DFARS 252.209-7001 (as applicable) VI.6, DFARS 252.209-7002 (as applicable)

VI.7, DFARS 252.212-7000

2. The common cut-off date and time for receipt of all Offeror questions regarding this solicitation is 2 p.m. local (Battle Creek, MI, USA) time, September 9, 2011, in order for DLA Disposition Services to provide relevant answers to those questions prior to the solicitation closing date. While every reasonable attempt will be made to answer relevant Offeror questions that may be received after the cut-off date, DLA Disposition Services cannot guarantee that all such questions will be answered. Therefore, Offerors are strongly encouraged to submit all questions regarding this solicitation prior to the cut-off date to the Contracting Officer, not the POCs coordinating site visits, with the primary Contracting Officer as of the solicitation issue date being Karen Hammontree, karen.hammontree@dla.mil, with alternate as previously noted.

SP4510‐11‐R‐1002

SF 1449 ADDENDA

II

SCHEDULE OF SUPPLIES/SERVICES

12-MONTH BASE PERIOD

NOTES: 1. Offeror unit and extended pricing is not to exceed 2 decimal spaces. 2. Federal Acquisition Regulation (FAR) 52.212-4, Alternate 1, applies to CLINS 0005, 0007, 0008, 1005, 1007, 1008, and 2005, 2007 and 2008. A ceiling price will be established in the task order in lieu of the bid schedule based upon the amount of money obligated for these CLINs.

CLIN

SUPPLIES/SERVICES

EST

QTY

UNIT

PRICE

TOTAL

Scheduled Maintenance - Bagram (See III.2.1, III.3.1, III.5, and Attachment 1)

Each

Scheduled Maintenance – Kandahar

Scheduled Maintenance - Leatherneck

Scheduled Maintenance – Deh Dadi

Unscheduled Maintenance and Repair Services (See III.6.4, III.6.5)

Hours

Travel – Round Trip (See III.5.4 and

III.6.10)

Travel – Wait Time (NTE 8 hours per day - See III.5.4 and III.6.10)

Replacement/Repair Parts and Freight Costs (See III.6.4, III.6.10 and III.8.6)

N/A

0009 Defense Base Act Insurance 1 Each $ $

TOTAL – BASE PERIOD $

12-MONTH FIRST OPTION PERIOD

NOTES: 1. Offeror unit and extended pricing is not to exceed 2 decimal spaces. 2. Federal Acquisition Regulation (FAR) 52.212-4, Alternate 1, applies to CLINS 0005, 0007, 0008, 1005, 1007, 1008, and 2005, 2007 and 2008. A ceiling price will be established in the task order in lieu of the bid schedule based upon the amount of money obligated for these CLINs.

Scheduled Maintenance – Bagram

Scheduled Maintenance – Kandahar

Scheduled Maintenance – Leatherneck

Scheduled Maintenance – Deh Dadi

Unscheduled Maintenance and Repair Services (See III.6.4, III.6.5) day – See III.5.4 and III.6.10)

Replacement/Repair Parts and Freight Costs (See III.6.4, III.6.10 and III.8.6)

1009 Defense Base Act Insurance 1 Each $ $

TOTAL – FIRST OPTION PERIOD $

12-MONTH SECOND OPTION PERIOD

NOTES: 1. Offeror unit and extended pricing is not to exceed 2 decimal spaces. 2. Federal Acquisition Regulation (FAR) 52.212-4, Alternate 1, applies to CLINS 0005, 0007, 0008, 1005, 1007, 1008, and 2005, 2007 and 2008. A ceiling price will be established in the task order in lieu of the bid schedule based upon the amount of money obligated for these CLINs.

Scheduled Maintenance – Bagram

Scheduled Maintenance – Kandahar

Scheduled Maintenance – Leatherneck (See III.2.1, III.3.1, III.5, and Attachment 1)

Scheduled Maintenance – Deh Dadi

Unscheduled Maintenance and Repair Services (See III.6.4, III.6.5) day – See III.5.4 and III.6.10)

Replacement/Repair Parts and Freight Costs (See III.6.4, III.6.10 and III.8.6)

2009 Defense Base Act Insurance 1 Each $ $

TOTAL – SECOND OPTION

PERIOD

GRAND TOTAL – ALL PERIODS $

II.2 SPECIAL ORDERING INSTRUCTIONS

II.2.1 The base ordering period of the contract is for a period of 12 months after date of task order award.

Each option is 12 months if exercised. Task orders for scheduled equipment maintenance may be issued with a performance period up to a maximum of 12 months, per site, during each contract ordering period.

II.2.2 Task orders for unscheduled maintenance or repairs will be issued on an as-needed basis.

II.2.3 The Defense Base Act Insurance will only be ordered once a contract period if the Government orders any labor for a site.

II.3 MINIMUM/MAXIMUM

The minimum guaranteed ordering amount for each contract period of performance is 20-percent of the estimated contract amount for all locations for that period of performance. The maximum contract value is 200-percent of the cumulative estimated contract amount for all locations for all periods of performance.

III.1 INTRODUCTION

DLA Disposition Services Bagram, Kandahar, Leatherneck, and Deh Dadi II, Afghanistan, require preventive maintenance and repairs for Material Handling Equipment (MHE) to meet the requirements of their missions to support the warfighter. The contractor shall furnish all personal protective equipment, labor, equipment, supplies, and tools to perform timely and effective preventive maintenance and repairs when required. The contractor shall furnish replacement parts and repair parts as directed by the Government through issuance of a task order.

III.2 SCOPE OF WORK

III.2.1 Contractor shall provide non-personal services to perform no less than quarterly visits to DLA Disposition Services Bagram, Kandahar, Leatherneck, and Deh Dadi II, Afghanistan, during each period of performance under the contract, for preventive maintenance for all equipment listed in Attachment 1 in accordance with the contract as long as the installations are open. Due to the possibility of installation closures, fewer quarterly visits may be required.

III.2.2 The contractor shall also provide unscheduled maintenance and/or repairs, as required and directed via issuance of task order by the Contracting Officer for all equipment listed in Attachment 2 at DLA Disposition Services Bagram, Kandahar, Leatherneck, and Deh Dadi II, Afghanistan. There is no guarantee that all equipment will require services during each period of performance under the contract.

III.2.3 Maintenance will be conducted in an austere environment which may sometimes require extensive maintenance performed in outdoor or similar to outdoor desert elements. The contractor will utilize existing DLA Disposition Services facilities to conduct preventive maintenance and repairs, consisting of basic overhead cover with compacted ground. Electric power, water and compressed air will be made available to the contractor for preventive and unscheduled maintenance/repair services. No equipment shall be removed from DLA Disposition Services facilities for the purpose of maintenance and/or repairs.

III.2.4 All repair and preventive maintenance services shall be made in accordance with the Original Equipment Manufacturer (OEM) manual. The contractor shall make available to the Contracting Officer or Contracting Officer Representative (COR) the status of any or all repair work in progress upon request.

The contractor shall be paid for the actual services provided; however, all repairs will require estimates to be provided to the COR for determination of whether the repair is minor, major, or uneconomical, and to ensure funding is available. The contractor shall not perform any unscheduled maintenance or repairs without prior consent of the COR. The contractor will be held financially responsible for any/all maintenance/repairs conducted without preapproval.

III.3 SCHEDULE

III.3.1 Scheduled preventive maintenance services required under this contract are estimated to be performed every 3 months on each piece of equipment listed in Attachment 1. All services, preventive maintenance and repair, shall be performed in response to the issuance of a task order by the Contracting Officer. For unscheduled maintenance or repairs, the contractor shall arrive at the performance location within 120 hours after issuance of a task order by the Contracting Officer. In no case shall the contractor travel to effect scheduled/unscheduled maintenance or repairs without issuance of a task order by the Contracting Officer.

III.3.2 Unless otherwise agreed to by the Contracting Officer, scheduled preventive maintenance services shall be completed no later than 14 calendar days after arriving at each performance location. Unless otherwise agreed to by the Contracting Officer, unscheduled maintenance services shall be completed no later than 72 hours after arrival at the performance location. If scheduled or unscheduled maintenance/repair services are found to require an extended period for completion outside the required timeframes, the contractor shall provide the COR a written justification for the delay and an estimated date of completion for disposition to be determined.

III.3.3 When equipment being repaired is found to require an extended period of downtime to bring back to service, the contractor shall notify the COR by close of business the same day for disposition instructions.

III.4 ADJUSTMENTS IN MHE DENSITY

The Government shall have the right to make increases or decreases to the equipment quantity as new and/or replacement equipment is received or equipment is deleted from the schedule, and to substitute new or different equipment which replaces existing equipment identified in this contract. A modification will be issued by the Contracting Officer to reflect the changes to the contract.

III.5 SCHEDULED PREVENTIVE MAINTENANCE SERVICES

III.5.1 The contractor shall perform preventive maintenance services to minimize equipment downtime.

Preventive maintenance services, including but not limited to, visual and operational inspections, lubrications, oil/fluid changes to include fuel filters, air filters, and oil filters, checks of hydraulic lines, adjustments and replacements of worn or inoperable parts that are necessary to provide safe and operational MHE. The contractor shall change antifreeze, where necessary, on an annual basis and shall ensure replacement with the correct mixture of antifreeze to prevent freezing during extreme cold weather. All preventive maintenance services, to include those items that have been received under warranty, shall be performed in accordance with the OEM specifications and appropriate manufacturers’ manuals/recommended timelines.

III.5.2. All costs incurred by the contractor in performing preventive maintenance, including the cost of parts used during the preventive maintenance (e.g., oil, filters, lubricant, nuts, bolts, etc.), shall be included in each scheduled maintenance cost and shall not be charged or reimbursed separately.

Deficiencies or required repairs discovered during preventive maintenance procedures, but not a part of such preventive maintenance procedures, will be brought to the attention of the COR the same day of discovery for authorization to effect repairs through issuance of a task order by the Contracting Officer.

Such repairs will be considered unscheduled repair services and billed as such as defined in III.6. In addition, scheduled preventive maintenance services shall not be used to make repairs at any time due to damage by fire, water, burglary, accident, abuse, negligence, or acts of God. Such repairs shall also be considered unscheduled repair services.

III.5.3 The contractor shall not be reimbursed for services rendered on equipment not included on the equipment list of the task order. The contractor will notify the COR regarding any additions, deletions or corrections of equipment for proposed modification to the contract.

III.5.4 A flat rate per round trip (traveling to Afghanistan and back home) is billable under CLINs 0006, 1006 and 2006 as service call transportation. If contractor personnel are held over during travel to the work sites due to circumstances beyond their control, wait time, not-to-exceed 8 hours per day, is billable under CLINs 0007, 1007 and 2007 as wait time during travel. The contractor will be reimbursed for travel costs associated with wait time (lodging, meals and incidental expenses with substantiating receipts) in accordance with and not exceeding costs allowed by the Joint Travel Regulation (JTR). The contractor will notify the COR immediately upon discovery that travel to performance locations will be delayed and the reason for same.

III.6 UNSCHEDULED MAINTENANCE/REPAIR SERVICES

III.6.1 Unscheduled maintenance and repair services relate to possible or actual failure of mechanical parts caused by damage or wear. The contractor will provide economical preventive maintenance/repair of assemblies and subassemblies. These services include but are not limited to:

a. Transmissions (standard and automatic), engines, starters, alternators, and air.

b. Tire repair/replacement and balancing (when required). When tires are required to be replaced, only manufacturer-approved rated tires shall be used.

c. Replace batteries and terminals.

d. Engine analysis/diagnosis.

e. Brake repairs, including but not limited to replacing brake pads, rotors, drums, etc.

f. Drive train maintenance and repairs.

g. Electrical system maintenance and repairs including plasma repair.

h. Coolant system maintenance and repairs.

i. Air conditioning maintenance, service and repair.

j. Exhaust system maintenance and repairs.

k. Replacement of windshield wiper blades.

l. Suspension system maintenance.

m. Replacement of unsafe windshields, windows and other glass.

n. Replacement of headlight assembly bulbs and covers.

o. All specialized equipment parts as required; e.g., shear blades, circuit cards, shredder blades, scale parts, pumps, hydraulics, etc.

III.6.2 The contractor will respond to unscheduled maintenance/repair services orders within 120 hours after receiving notification signified by issuance of a task order by the Contracting Officer. The contractor will perform a visual and/or electronic diagnostic test inspection on MHE prior to maintenance/repair being performed to determine the actual requirement. The contractor will notify the COR of any deficiencies found during inspections or maintenance by close of business the same day.

Written estimates for repairs must be presented and approved by the COR prior to any repairs being accomplished. Once approved, the contractor will ensure that only actual work required is performed to return the MHE to a safe and operational condition.

III.6.3 The contractor shall coordinate with the manufacturer’s representative on repairs of equipment and components under warranty at no additional charge to the Government. All repairs will be done in accordance with OEM standards.

III.6.4 Services required to affect repairs or replace unserviceable components, will have a maximum 3 workday (72 hours) repair timeframe after the equipment is turned over to the contractor. If the repair/replacement will take longer than 3 workdays, the contractor shall provide the COR a written justification for the delay and an estimated date of completion. Major component repairs such as engine overhaul, power train repair, etc., will require the contractor to perform a technical inspection and provide a report with the name of the major component, cause of component breakdown, cost to repair, and estimated time for repair prior to proceeding with the repair. The contractor will submit a cost estimate, broken down by labor and parts, as soon as possible, but not later than 1 working day after request to the COR to determine if repair is economically feasible on a particular piece of equipment and whether the Government or contractor will acquire associated repair parts. Any MHE that is not economically repairable, or the cost of repairs or maintenance exceeds the value of the vehicle, shall be reported to the COR for disposition instructions. Prior to proceeding with any such repair, the COR shall request a modification to the applicable task order by the Contracting Officer constituting written approval to the contractor for such repair. The contractor must request approval from the COR to proceed with repairs, providing written justification for any repair exceeding their original estimate for repairs. Payment for these services will be paid as the shown in the bid schedule for CLINs 0005, 1005 and 2005, Unscheduled Maintenance and Repair Services, and CLINs 0008, 1008 and 2008, Repair or Replacement Parts and Freight Costs, for repair parts plus associated freight costs if the Government directs the contractor to purchase for the work to be performed.

III.6.5 Any MHE that is not economically repairable, or the cost of repairs or maintenance exceeds the value of the vehicle, shall be reported to the COR for disposition instructions. If determined that it is not cost effective to repair a particular piece of equipment, the COR may request the contractor to perform an inspection to determine the equipment’s overall condition and serviceability. This inspection will include but is not limited to a thorough inspection of the equipment such as engine, transmission, other major components, controls, mast, cables, chains, hoses, electrical, air, and hydraulic systems to determine disposition of the equipment. The contractor shall provide an estimated cost for labor and materials required to return the equipment to an operating condition. Payment for this service will be effected through CLINs 0005, 1005 and 2005, Unscheduled Maintenance and Repair Services.

III.6.6 The contractor and COR will discuss, telephonically, in-person or via email, the failure/damage prior to the contractor’s arrival in order to determine if parts are needed to be ordered by the Government or provided by the contractor. If needed parts are not on site to repair said equipment, the contractor’s arrival time will be adjusted to coincide with the delivery of needed parts. Once the COR notifies the contractor and Contracting Officer parts have arrived, the task order will be modified to reflect that the contractor has 120 hours to be on site to effect repairs.

III.6.7 Any deficiencies discovered by the contractor that will result in either operator safety concerns or potential damage to MHE will be taken out of service. Such action will require the contractor to immediately notify the COR for disposition instruction.

III.6.8 The contractor will adhere to all provisions of the manufacturer’s warranty during the specified operational period unless determined to be uneconomical by the contractor and concurred with by the

COR.

III.6.9 The contractor will perform after-repair quality inspections on MHE that receive maintenance or repairs on safety items or systems (brakes, steering, seatbelts, etc.). The contractor will provide the COR with a copy of the quality inspection report and completed work order upon completion of the maintenance or repair action. Prior to departing the performance location, the contractor will demonstrate to the COR maintenance/repair action has been accomplished and that the equipment is operational.

III.6.10 A flat rate per round trip (traveling to Afghanistan and back home) is billable under CLIN 0006 as service call transportation. If contractor personnel are held over during travel to the work sites, wait time, not-to-exceed 8 hours per day, is billable under CLINs 0007, 1007 and 2007 as wait time during travel.

The contractor will be reimbursed for travel costs associated with wait time (lodging, meals and incidental expenses with substantiating receipts) in accordance with and not exceeding costs allowed by the Joint Travel Regulation (JTR). The cost of any replacement/repair parts to be provided by the contractor is covered under CLINs 0008, 1008 and 2008 and will be reimbursed as required (see paragraph III.8).

III.7 NOT TO EXCEED AMOUNTS WITHIN THE BID SCHEDULE

An amount of funding set aside for the payment of parts or services that is not to exceed the ceiling price (total amount) will be established on the task order. A not-to-exceed value may be adjusted upwards or downwards depending upon the number of repair parts purchased. The contractor is not to exceed this price unless notified by the Contracting Officer in writing that the ceiling price has been increased and has specified in the notice a revised ceiling price for performance under this contract/CLIN. The Government shall not be obligated to pay the contractor any amount in excess of the ceiling price in the order, and the contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the schedule unless and until the Contracting Officer has notified the contractor in writing that the ceiling price has been increased and shall have specified in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. The not-to-exceed amount only applies to the cost of parts and unscheduled maintenance and repair services.

III.8 REPLACEMENT/REPAIR PARTS

III.8.1 Unless otherwise advised by the Government, the contractor shall furnish replacement and repair parts. Parts and materials used by the contractor in performance of this contract shall be new and conform to the OEM or re-manufacturer’s specifications unless approved in by the COR. Rebuilt assemblies may only be used with prior approval of the COR when it is a standard industry practice and the rebuilt assembly or subassembly carries the same manufacturer’s or re-manufacturer’s warranty as a new assembly or subassembly. Any part removed is Government property and shall be returned upon request of the COR unless the replacement part is predicated upon an exchange basis with the part being replaced.

The contractor shall provide all repair parts and supplies necessary for preventive maintenance with the exception of those items listed in III.9 and III.24.

III.8.2 All OEM recommended replacement parts and materials may be examined when requested by the COR prior to installation. The COR shall approve all parts and materials that are substituted for OEM replacement parts by the contractor prior to installation. No rebuilt parts may be used without prior approval of the COR.

III.8.3 All worn out or deteriorated parts recommended for replacement may be physically examined when requested by the COR prior to actual replacement. All worn out or deteriorated parts will be returned to the COR unless an acceptable monetary credit is provided to the Government by the contractor.

III.8.4 The Government will reimburse the contractor for all other parts and material furnished by the contractor while performing unscheduled maintenance or repair services unless the part or repair is due to the contractor’s negligence. Replacement and repair parts shall be itemized and billed as separate items on the contractor’s invoice. Parts or components damaged by the contractor shall be repaired or replaced at the expense of the contractor to the satisfaction of the COR.

III.8.5 Cost for replacement and repair parts/supplies will be reimbursed to the contractor at cost as stated in the invoice from the respective supplier. A copy of the invoice for the parts/supplies shall be included with the invoice for the unscheduled maintenance/repair performed. Invoices for repair services where parts’ pricing is separate from labor hours will be documented by a list citing the OEM part number or authorized substituted item to include nomenclature, quantity used and price.

III.8.6 All freight costs associated with the shipment of parts for unscheduled maintenance or repair services will be reimbursed by the Government. Freight costs may be included with the cost of the parts or as separate items. In either case, the costs will be paid under the line item for Repair/Replacement Parts, CLINs 0008, 1008 and 2008 of the bid schedule. If other than normal expediency and mode of transportation, the contractor shall obtain the signature of the COR on the service/work order ticket approving such shipment. The contractor shall have the part shipped by the most cost-effective method.

A legible copy of the invoice for the freight cost shall be included with the invoice for the unscheduled maintenance/repair performed.

III.9 INVENTORY

III.9.1 Critical Spare Parts. The contractor shall create a listing of critical spare parts. The COR will review the listing for approval and procurement. Critical spares, in this case, are defined as inexpensive parts, that upon failure, will either deadline the MHE or create a safety hazard. Larger, more expensive parts which become required upon failure, will be expeditiously ordered by the Government upon notification by the contractor.

III.9.2 Expendable Spare Parts. The contractor shall create a listing of expendable spare parts utilized in performance of scheduled maintenance. Expendable spare parts will be ordered by the Government upon notification by the contractor that supply has dipped below the 4-month supply required by paragraph

III.9.6.

III.9.3 Petroleum, Oil and Lubricants (POL). The Contractor will provide the COR with a listing of types and quantities of supply and service fluids to be maintained on site. The Government will procure a supply of service fluids based upon the contractor’s recommendation, such as motor oil, hydraulic fluids, antifreeze, etc. POLs will be stored in accordance with installation and DLA Disposition Services safety standards. The contractor and COR will jointly monitor and retain at least “a month in advance” supply of designated fluids and the Government will replenish fluid stock as utilized.

III.9.4 Upon spare parts inventory and additional spare parts procurement, the contractor will sort and store parts in a locked storage container within the Government-provided work shelter. Each part or multiple part packages will be labeled with the part number and sorted by appropriate MHE model type.

A listing of all available and required parts will be developed and retained by both the contractor and COR to control bench stock.

III.9.6 The contractor will manage parts inventory; the Government will procure parts as notified by the contractor. As parts are utilized, the contractor will provide the COR the part number for reordering within 10 days of removal of stock. A minimum of 30 days’ worth of critical spare parts and a minimum of 4 months’ worth of expendable parts will be maintained in the parts inventory. The contractor will provide a listing to the COR of spare parts currently in stock and those spare parts that need to be ordered by the Government.

III.9.5 All critical spare parts, expendable parts and POLs will be kept secured in a locked storage facility provided by the Government. Only the COR and contractor will have access to this locked storage facility.

III.9.6 Controlled cannibalization is authorized at the direction of the COR. Controlled cannibalization is defined as taking parts from one item of MHE to replace bad parts on another identical MHE item. For example, DLA Disposition Services may decide to deliberately put a forklift into non-operational status by stripping parts from that unit to bring another forklift back into service. This also includes older forklifts that are on the inventory, but are no longer operable, and thus reserved to remove parts for reuse until that lift eventually has no parts value. At that point, the non-operable forklift is turned in for scrap.

III.10 MANUFACTURER’S WARRANTY EQUIPMENT REPAIRS

III.10.1 New equipment received by the Government under manufacturer’s warranty will not be repaired without the prior approval of the COR. The COR may request the contractor to inspect the equipment to determine if the provisions of the manufacturer’s warranty are applicable. The contractor shall coordinate with the manufacturer on behalf of the Government for repairs that are covered under the manufacturer’s warranty. Repairs will only be accomplished, at no cost to the Government, if approved by the manufacturer and the COR.

III.10.2 Contractor Callback. When the COR, within 30 days of unscheduled maintenance or repair, determines the applicable equipment does not operate properly, the COR will notify the contractor to discuss, telephonically or via email, the nature of the inoperability. Unless it is determined that the inoperability is due to a problem other than initial service, returning to the performance location to resolve the issue shall be considered a callback and the service and associated travel costs shall be at the contractor’s expense. Response time for callback service shall be a maximum of 120 hours from the time the COR notifies the contractor of the problem If the inoperability is determined due to a problem other than the initial service, the contractor’s return to the location will be considered an unscheduled maintenance and repair service call, billable as outlined in III.6.4.

III.11 RECORDS AND FILES MANAGEMENT

III.11.1 MHE Files. The contractor shall maintain complete and current records, technical libraries, work orders, and associated files, in both electronic and hard copy, that are required to track the maintenance functions of each MHE item. At the direction of the Chief of the DLA Disposition Services facility at each performance location, hard copy records shall be maintained on bookshelves in the locked storage container of the work shelter or DLA Disposition Services Administration Office for the life of the contract. The hard copy files and records will be available to the COR for reference and/or inspection at any time. Equipment files will be orderly, chronologically dated, and maintained in protected binders or file jackets.

III.11.2 The Government will supply technical manuals at the contractor’s request for reference at the performance location. At the direction of the Chief of the DLA Disposition Services facility at each performance location, technical manuals shall be maintained on bookshelves in the locked storage container of the work shelter or DLA Disposition Services Administration Office.

III.11.3 The contractor shall maintain a current technical reference library (CD-ROM or catalogs) for all MHE and equipment supported by the contract. At the direction of the Chief of the DLA Disposition Services facility at each performance location, the reference library shall be maintained in either the locked storage container of the work shelter or DLA Disposition Services Administration Office.

III.12 HOURS OF OPERATION

DLA Disposition Services offices in Afghanistan are operational Sunday through Saturday, 0730 – 1730, excluding an unpaid 1-hour lunch period.

III.13 SPILL RESPONSIBILITY

III.13.1 The contractor is responsible for the clean-up of any and all spills or leaks during the performance of this contract in accordance with standard operating procedures (SOP) established by the host installation. DLA Disposition Services will provide the necessary materials used to clean up and contain any spills or leaks identified by the contractor during performance. The contractor agrees to clean up such spills or leaks in a manner that complies with applicable Host installation and host country environmental and Safety laws and regulations, US Federal laws and regulations applicable to the Host installation, in-country, and local laws and regulations. The contractor agrees to hold the Government harmless and reimburse it for any cost, expense or liability the Government may incur as a result of spills, leaks or releases caused by actions or omissions of the contractor, its agents, employees, or subcontractors.

III.13.2 The contractor is responsible for reporting any spills/leaks in accordance with host nation or local law or regulation. The contractor is responsible for reporting to the COR and CO all spills/leaks of special (or hazardous) wastes, regardless of quantity within. Spills/leaks shall be reported by telephone to the COR immediately following the incident and shall be followed with a written report to the CO no later than 7 calendar days after the telephonic report. When reporting a spill/leak the following information shall be furnished:

(i) Item spilled/leaked;

(ii) Quantity spilled/leaked;

(iii) Exact date, time, and location of spill/leak;

(iv) Initial actions taken and time actions were taken;

(v) Anticipated cleanup and disposal procedures.

(vi) Persons contacted or present at the time of the spill/leaks.

III.13.3 Upon completion of the spill/leak cleanup and disposal of the spill/leak residue, the contractor shall submit a summary report of the spill/leak to the COR and CO no later than 7 calendar days after the telephonic report. The report shall include cleanup and disposal procedures taken, outside assistance required (if any), personal injury involved, and the names and telephone numbers of all national, regional or local officials contacted.

III.14 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

III.14.1 The CORs for this project will be appointed by the DLA Disposition Services Contracting Officer prior to commencement of performance. The COR is responsible for monitoring contractor performance, providing technical interpretation of the requirements of the contract and acts under the authority of the Contracting Officer. In no event, however, shall any understanding or agreement, modification, change order, or other matter deviating from the terms of the subject contract between the contractor any person other than the Contracting Officer be effective or binding upon the Government, unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of this contract. The COR will not interfere with the contractor’s rights and ability to properly perform contract requirements.

III.14.2 On all matters concerning changes to contract terms, the contractor shall contact the Contracting Officer. When, in the opinion of the contractor, the COR requests effort outside the existing scope of the contract, the contractor shall promptly notify the Contracting Officer in writing. The contractor shall take no action unless and until the Contracting Officer advises the contractor to proceed and points out the requirement in the contract or the Contracting Officer issues a contract modification to the contractor.

III.15 PERIOD OF PERFORMANCE

The base ordering period of the contract is for a period of 12 months after date of contract award. Each option is 12 months if exercised.

III.16 ACCEPTABLE PERFORMANCE LEVELS (APLS)

Acceptable performance levels (APLs) are the minimum performance levels of specific requirements that the contractor must achieve or risks having the Government consider performance unsatisfactory, resulting in monetary consideration from the contractor. Specification of an acceptable performance level below 100% does not allow the contractor to knowingly provide defective service, but sometimes occurs unintentionally. As long as the performance does not fall below the specified acceptable level, the Government will not deduct for poor performance. However, the contractor shall be required to correct the defective service at no additional cost to the Government. All work required by the contract is subject to surveillance whether or not specifically identified. Performance incentives for the contractor shall include, but are not limited to: favorable impact on option exercise decisions, and future awards for the same or similar requirements by DLA Disposition Services as well as other Government and non- Government entities that may review performance of this contract.

DELIVERABLE

STANDARD

MEASUREMENT

UNIVERSE

PARAGRAPH

ACCEPTABLE

PERFORMANCE

LEVEL

METHOD OF

SURVEILLANCE

REDUCTION

FOR FAILED

APL

Timely and Complete Preventive Maintenance

Preventive Maintenance of All Items on Task Order

Completion within 14 calendar days of arrival at performance location after issuance of task order

III.3.2 and

III.3.3

No more than 3 items maintained late per task order.

Failure to meet APL allowed once during entire contract performance, including options

COR 5 – 100%

consideration of the value of maintenance and past performance annotated.

Unscheduled Maintenance and Repairs

MHE

Operational in Timely Manner

Completion within 72 hours of arrival at performance location after issuance of task order

III.3.2, III.3.3

and III.6.4

No more than 3 items requiring maintenance or repair exceeding the timeframe per period of performance.

Failure to meet APL allowed once per contract annual

COR 5 – 100%

consideration of the value of the unscheduled maintenance or repairs and past performance annotated.

period of performance.

III.17 PERFORMANCE EVALUATION

III.17.1 The Government will use a Quality Assurance Surveillance Plan (QASP) to monitor compliance with contract terms and conditions, identifying nonconforming services to determine appropriate action under FAR 52.212-4. This plan sets forth the method and manner by which the Government intends to conduct surveillance of work under the contract, and is subject to unilateral change by the Government without modification to the contract. All requirements of the contract are subject to surveillance whether or not specifically included in the plan.

III.17.2 The COR shall provide the Contracting Officer monthly performance reports within 20 calendar days after the end of the monthly payment period. The report must cover all contract requirements in relation to the APLs.

III.18 PAYMENT REDUCTION FOR PERFORMANCE AT LESS THAN THE ACCEPTABLE

PERFORMANCE LEVELS FOR SPECIFIED STANDARDS

III.18.1 This clause sets forth the performance evaluation and payment reduction process for performance at less than the APLs for specified standards. It implements FAR 52.212-4(a), Inspection/Acceptance (See IV.1). Nothing in this clause prevents the Government from taking reductions for performance that does not meet APLs, pursuant to the authority set forth in FAR 52.212-4.

III.18.2 The APL chart contains the standards that are considered most critical to performance that will be inspected regularly at DLA Disposition Services Kuwait and will be subject to the price reductions of this clause. However, nothing in this clause relieves the contractor of the responsibility to comply with all requirements of the contract specified in the contract or should be construed as preventing the Government from taking administrative action to ensure performance complies with all contract requirements.

III.18.2.1 Government Quality Assurance. The Government will assess the contractor’s performance by comparing it to the applicable APLs as listed in III.15. This assessment will be accomplished on a monthly basis.

III.18.2.2 Performance Evaluation. The awarded contract pricing is the method of payment by the Government for the contractor to meet the requirements of the contract to include the levels of service within the specified APLs. For the APLs, a timeliness or quality error occurs when the contractor does not meet the specific standard. If the errors caused by the contractor’s performance results in noncompliance with a monthly APL contained in III.15 of this contract, the applicable price reductions listed in the APL chart will be invoked to compute the reduction of payment. The Government grants a one-time 1-month grace period after the 30-day transition before exercising this clause.

III.18.2.3 While the Government may accept a reduced level of services at a reduced price, doing so shall not impair the Government’s right to terminate for cause at any time. Any decision by the Contracting

Officer to not enforce the payment reduction shall not be considered a waiver of the Government’s right to subsequently enforce the payment reduction clause or take such other administrative actions as may be deemed in the Government’s best interests.

III.19 PARTICIPATION IN MEETINGS

III.19.1 Meetings: The COR and Contracting Officer have the authority to schedule meetings via telephone, teleconference or in person when the contractor is onsite at the performance location, to discuss maintenance/repair action status.

III.19.2 Data Gathering: The contractor must cooperate with the Government to research and gather data as needed.

III.20 CONTRACT MANAGER/ALTERNATE CONTRACT MANAGER

III.20.1 The contractor shall assign a contract manager and an alternate contract manager to the contract.

The contractor shall provide their names, telephone numbers and email addresses to the COR. The contract manager or designated alternate must be available during DLA Disposition Services Afghanistan facilities’ hours of operation and return any calls made by the COR within one hour of the COR’s call.

Therefore, the contractor must provide the COR with a means to leave a message with the contract manager or their designated alternate requesting a return call.

III.20.2 The contract manager and alternate contract manager are not required to be situated at any of the DLA Disposition Services Afghanistan facilities. The contract manager and alternate contract manager are the contractor employees who interact with the Contracting Officer regarding contractual matters. The contract manager and the alternate contract manager shall have full authority to act for the firm on all contract matters relating to the operation of this contract; e.g., all contract arrangements and required coordination.

The contractor agrees that notice by the US Government to the designated contract manager or alternate contract manager shall constitute notice to the contractor and agrees to be bound by any commitments or representations made by the employees so designated.

III.20.3 The contract manager and alternate contract manager must be able to read, write, speak, and understand English proficiently, as well as be able to actively participate in English conversations concerning technical issues associated with this contract. All correspondence related to this contract shall be in the English language. If the correspondence contains official documents in languages other than English, they shall be accompanied by an English language translation. Permits or extracts must also be translated. All costs incident thereto are the responsibility of the contractor and shall be borne by the contractor.

III.20.4 All correspondence pursuant to this contract shall be in the English language. The contract manager and alternate contract manager must be able to understand English language and be able to speak the English language with sufficient structural accuracy and vocabulary to participate effectively in conversations on practical and professional levels. They must be able to proficiently read and draft official correspondence and reports in the English language.

Contract Manager: ________________________________________

Telephone Number: _______________________________________

Email Address: __________________________________________

Alternate Contract Manager: ________________________________

Telephone Number: _______________________________________

Email Address: __________________________________________

III.21 CONTRACT EMPLOYEES IDENTIFICATION AND APPEARANCE

Contractor personnel shall be easily recognized as contractor employees. This may be accomplished by wearing distinctive clothing bearing the name of the company or by wearing appropriate badges that display the company’s name and employee’s name.

III.22 ACCEPTANCE, INVOICING AND PAYMENT

III.22.1 The contractor may bill monthly after performance is completed in accordance with FAR 52.212- 4(g). Invoices shall be electronically submitted to the COR for review of the submitted documentation listed. The Government inspection period shall not exceed 20 days. If the Government decides not to accept the services, in whole or in part, the contractor will receive written notification of the deficiency within 15 business days after the completion of the inspection period specifying the deficiencies. Upon subsequent correction of the noted deficiencies and acceptance of services, the Government will certify the invoice and forward to Ms. Marlene Leeper, DES-WRF for processing and forwarding to the designated office for payment.

III.22.2 Invoices must include all information required by FAR 52.212-4(g), Contract Terms and Conditions – Commercial Items; required information for invoices to be processed must include the following:

- Name and address of the contractor;

- Invoice date and number;

- Contract number, contract line item number (CLIN) and task order number;

- Description from CLIN, quantity, unit of measure, unit price, and extended price of the items or services delivered;

- Supporting documentation for calculation of labor hours being billed;

- Dates of performance for invoiced items;

- Name and address of official to whom payment is to be sent;

- Name and contact information (telephone number/email address) to notify in the event of defective invoice.

III.23 INDEMNIFICATION

The Contractor shall indemnify the Government for any damages or costs it incurs due to the contractor’s breach of any term or provision of this contract; or for any negligent or willful act or omission of the Contractor, its employees or subcontractors in the performance of this contract. The Contractor additionally agrees to hold the Government harmless and indemnify it for any and all costs, including those that arise from violation of any law or regulation. The Government will assume no liability for any damage to the property of the Contractor, to the property of any person, or public property or for personal injuries, illness, disabilities or death to the Contractor, Contractor’s employees, and any other person subject to the contractor’s control.

III.24 CELL PHONES/PAGERS/PERSONAL COMPUTERS

With permission of the COR and consistent with Government security requirements, the contractor is permitted to have contractor-owned computers, pagers or cell phones on-site. The Government will not provide telephones, computers and associated connectivity.

III.25 SAFETY REQUIREMENTS

The contractor shall take proper safety and health precautions to protect the work, the workers, the public, the property of others, and the environment. The contractor is responsible for identifying and complying with all safety requirements set forth in applicable host installation safety procedures. The Contractor is responsible for providing and ensuring that his agents, employees, or subcontractors perform the work in a safe manner, including wearing the appropriate clothing/personal protective equipment for the work to be performed. The Contractor shall ensure that all personnel involved in performance under this contract are trained in the area of spill response, fire prevention and general first aid procedures. The COR may stop work at any time if unsafe conditions exist.

IV

CLAUSES

IV.1 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS FAR 52.212-4 (JUN

2010) ALTERNATE 1 (OCT 2008)

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other…