ADDENDUM_to_Solicitation_Kwaj_SP4530-16-R-0003.pdf

SP4530-16-R-0003

Kwajalein Atoll

THIS ADDENDUM TO SP4530-16-R-0003 INCLUDES THE FOLLOWING CLAUSES,

PROVISIONS AND ADDENDA TO THESE FAR CLAUSES:

INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS FAR 52.212-1- (Oct 2015) (added to provide full text)

EVALUATION -- COMMERCIAL ITEMS FAR 52.212-2 (Oct 2014)

CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS FAR 52.212-4 (May 2015)

ADDENDUM TO 52.212-1- INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

DLA DISPOSITION SERVICES ELECTRONIC PROPOSAL GUIDANCE

You must submit your offer/quote via paperless electronic media (see paragraph (b) below) with the information required by FAR 52.215-1(c), FAR 52.212-1 and DLA Disposition Services Solicitation and Contract Instructions and Information. Offers or quotes submitted in paper form are unacceptable and will be returned. You must submit your electronic proposal and any supplemental information (such as spreadsheets, backup data, and Transportation and Disposal documentation information), using any of the following acceptable electronic formats:

Files readable using these Microsoft Office Products: WORD, EXCEL, POWERPOINT, or ACCESS.

Spreadsheets must be sent in a file format that includes all formulas, macro and format information. Print image (scanned document that cannot show the calculations) is not acceptable.

Files in Adobe PDF (Portable Document Format).

Files in HTML (Hypertext Markup Language): HTML documents must not contain active links to live Internet sites or pages. All linked information must be contained within your electronic offer and be accessible offline.

Other electronic formats: Before preparing your offer/quote in any other electronic format, you must send an e-mail to the P.O.C. at: jean.kuboyama@dla.mil to obtain a decision as to the format’s acceptability.

This e-mail must be received by the P.O.C. no later than ten calendar days before the closing date.

Failure to e-mail the P.O.C. within this timeframe to seek an alternate format’s acceptability may result in rejection of your submission. All alternate methods must be at no cost to the Government.

NOTE: The above formats may be submitted in compressed form using self-extracting files.

Acceptable media: You must submit your offer or quote via CD ROM or E-mail. Identify the software application, and version, that you used to create each file submitted.

CD ROM via U.S. Mail or other carrier: Offerors shall label any and all submitted disks with the solicitation number and closing date, and the offeror’s name and address and contact phone number.

Envelopes containing disks must be labeled per FAR 52.215-1(c). Your attention is also called to the entirety of that provision—all contained therein is applicable to paperless electronic offers. In the event of multiple submitted offers, place each offer/submission on its own disk(s) (one offer can comprise mailto:jean.kuboyama@dla.mil multiple disks). You must also submit only one offer/submission per envelope. Submit ONLY ONE (1) of each disk (no additional copies required).

E-MAIL: If you choose to use e-mail, mail your offer/quote to:

DRMSHazardousContractsHawaii@dla.mil. DO NOT E-MAIL OFFERS/QUOTES TO THE P.O.C.

Questions, however, should be emailed directly to the P.O.C. The subject line of the e-mail must read “OFFER/QUOTE – [solicitation number], COMPANY NAME, CLOSES [closing date].” Use only one of the terms OFFER or QUOTE depending on what it is you are submitting.

Maximum size of each e-mail message shall be three and one-half (3.5) megabytes. Any compressed files must be self-extracting, and you must provide appropriate instructions. You may use multiple e-mail messages for each submission; however, you must annotate the subject lines as described above for each message, and number them in this manner: “Message 1 of 3, 2 of 3, and 3 of 3.” Offers/quotes submitted by E-mail are submitted at the Contractor’s risk. DLA DISPOSITION SERVICES cannot guarantee the security of the offer/quote if it is submitted via E-mail.

NOTE: Please select only one medium by which to transmit each submission. For instance, do not submit an offer via CD ROM AND e-mail.

Lateness rules for submitted disks and e-mail submissions are outlined in FAR 52.215-1 and FAR 52.212- 1(f). Pay particular attention to the provisions that relate to the timing of e-mail submissions.

Security Note: If you choose to password-protect your offer, you must provide the password to DLA DISPOSITION SERVICES before the closing date. Contact the P.O.C. (identified in paragraph (a)(4)) to arrange a means of providing it.

Electronic submissions must include, as a minimum:

Signature: If submitting a scanned version of a completed SF1449 cover sheet, a signature must be present on the document. If you choose to submit your offer/quote on a CD-ROM per 2(a) above (and you do not wish to include a scanned signed copy of the SF1449 you must clearly mark the label of the CD with the solicitation number, company name, along with the printed and signed name of person authorized to submit the offer/quote. Authentication for e-mailed submissions is verified by the offeror’s return address. E-mail submission received from a third party is not acceptable.

All applicable fill-in provisions.

A statement of agreement to all the terms, conditions, and provisions of this solicitation.

Any other information required by the solicitation.

See FAR 15.207(c) for a description of the steps the Government shall take with regard to unreadable offers.

Offerors shall make every effort to ensure that their submission is virus-free, due to information technology security software currently in use which may block transmission of messages/proposals if the email or attachment(s) contain anything that is suspected of containing viruses or malicious content.

Offerors are cautioned to contact the Contracting Officer to verify receipt of their proposal well before the time due for bids, in order to allow time for alternate means of transmission, if needed. Offerors remain responsible for ensuring proposals are received by the Contracting Officer before the specified time, and extensions will not be granted in the event a particular offeror’s proposal is found to have been blocked.

Submissions (or portions thereof) submitted which DO reflect the presence of a virus, or which are otherwise rendered unreadable by damage in either physical or electronic transit, shall be treated as “unreadable” per paragraph (f) above.

PROPOSAL SUBMISSION FORMAT AND CONTENT

The following describes the information which must be furnished as part of the proposal and the format in which it must be presented. Proposals which do not provide the required information in the prescribed format may be excluded from further consideration.

(a) FORMAT: Proposals shall be submitted in distinctly severable parts consisting of the following volumes: Volume I, Volume II and Volume III. Proposal submissions are required to contain an original and two copies, unless being submitted electronically. Electronic proposal submissions shall consist of one copy, with separately titled files for each volume, as follows:

(1) VOLUME I: Proposal Certifications and Price Proposal.

(2) VOLUME II: Past Performance Information.

(b) MINIMUM CONTENT:

(1) VOLUME I (Proposal Certifications and Price Proposal) shall contain, but not limited to:

(i) Solicitation cover form completed and signed by an authorized representative on behalf of the offeror, in accordance with DLA Disposition Services - Electronic Proposal Guidance: The Standard Form (SF) 1449, Solicitation/ Contract/Order for Commercial Items.

(ii) The completed Attachment 19 (Bid Schedule) is a schedule of proposed prices for two Contract Line Item Numbers (CLINS) and an Itemized List. Submit completed Bid Schedule in the electronic format provided.

(iii) The completed DLA Disposition Services - Contractor Representative contact information.

(iv) The offeror’s response for – 52.212-3, Offeror Representations and Certifications Commercial Items.

(v) Tax Relief Exclusions - DFARS 252.229-7001

(vi) DLA Form 1822, End-Use Certificate

(2) VOLUME II (Past Performance Information (PPI)) shall contain the following:

(i) Prepared in accordance with DLA Disposition Services - Past Performance Information, for the offeror’s submission –

(A) PPI Collection Document – Part 1 (Mandatory for all offerors)

(B) PPI Collection Document – Part 2 (Required if applicable, see PPI Collection Document

- Part 1 for requirements)

(C) PPI Collection Document – Part 3 (Required if applicable, see PPI Collection Document

- Part 1 for requirements)

(ii) All other applicable and required PPI Collection Documents for the type(s) of PPI being provided as part of the proposal shall be prepared in accordance with DLA Disposition Services – Past Performance Information, and submitted under separate cover as per the instructions in PPI Collection Document – Part 1

ELECTRONIC (PAPERLESS) PROPOSAL RESPONSE REQUIRED

DLA Disposition Services will not accept paper proposals/offers in response to this solicitation. You are required to submit your offer via electronic media as described in the section marked DLA Disposition Services Electronic Proposal Guidance.

PERIOD FOR ACCEPTANCE OF OFFERS

The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party

(End of Provision Addendum)

ADDENDUM TO FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS

EVALUATION FACTORS - FULL AND OPEN COMPETITION

Source Selection Method – Best Value (FAR 15.101), with Tradeoff Process (FAR 15.101-1)

(a) The Government will make award to the responsible offeror whose proposal conforms to the solicitation and demonstrates the best value to the Government in terms of past performance and price. In this analysis, past performance is approximately equal in importance to price and the Government may make an award to other than the lowest priced offeror.

(b) The Government will determine the best value on the basis of an assessment of the following evaluation factors listed below in descending order of Importance for possible tradeoff:

(1) Non-Price Factors:

(i) Past Performance: approximately equal in importance as price

(2) Price: approximately equal in importance as past performance

EVALUATION OF PRICE

Price will not be numerically scored, but it will be fully evaluated using price analysis techniques.

Pricing for each schedule will be evaluated independently, and may result in the award of individual schedules to different offerors. However, no individual schedule will be awarded to more than one offeror. Failure to furnish pricing for all periods of the affected schedule will result in the offeror deemed ineligible for award of that schedule. The Government’s concern is to determine whether:

(a) The price is fair and reasonable; and

(b) There are any unbalanced unit prices (high or low) that may increase performance risk and could result in payment of unreasonably high prices.

EVALUATION OF PAST PERFORMANCE INFORMATION (PPI)

The Government will conduct a Performance Confidence Assessment for each offeror based upon submitted current, relevant Past Performance Information (consisting of Past Performance (PP) references) as it relates to the probability of the offeror being able to successfully perform the requirement. The Government’s subjective evaluation of the overall quality of an offeror’s submitted PPI will be a factor in determining the relative merits of the offeror’s proposal, and in selecting for award the offeror whose proposal is considered the best value to the Government.

(a) Requirement for Past Performance Information

(1) The offeror is required to submit PPI that will support a qualitative review of past performance.

This information may include PPI submitted for the offeror’s (Prime’s) firm, and/or the offeror’s proposed Principal Subcontractor’s firm for the requirement, and/or the offeror’s proposed Key Personnel for the requirement. Past performance, as it relates to the Government’s review, is defined as reflecting how well (quality) the particular Contractor or Key Personnel performed the PP work effort.

(i) If the offeror elects to provide Principal Subcontractor PPI, the offeror shall have the Principal Subcontractor submit written consent authorizing the Government to use the firm’s PPI for evaluation purposes and to disclose any negative PPI for the firm to the offeror. Such written consent shall be submitted to the Government as part of the PPI Collection Documents provided for the offeror’s proposal (see (c) below).

(ii) Key Personnel are those primary individuals that will work directly on the resultant contract.

Offerors are advised to ensure their understanding of this definition, as the Government will only consider for evaluation purposes the PPI of Key Personnel as identified in the PPI Collection Documents submitted for the offeror’s proposal (see (c) below).

(2) The Government will evaluate PPI that is current (within three years), and relevant (of same or similar nature) to the requirements of the solicitation. Relevancy considers those aspects of an offeror’s past performance that provide the greatest ability to measure whether the offeror will be successful in performing the current requirement. The aspects of relevancy for this acquisition are:

location, complexity, scope, and magnitude. How relevant a recent work effort (PP reference) accomplished by the offeror (Prime), and/or the proposed Principal Subcontractor, and/or the proposed Key Personnel, is to the current requirement will be determined by the Government.

(b) Sources for Past Performance Information

(1) PPI may be comprised of Government (Federal, State, or Local) and/or commercial (private) contract awards, or an individual’s work history, that demonstrate the offeror (Prime) firm’s, and/or the Principal Subcontractor firm’s, and/or the Key Personnel’s ability to perform the proposed effort.

The Government’s evaluation of past performance may consider information submitted as part of the offeror’s proposal, plus information gathered from Government evaluations or report cards, information obtained regarding the offeror’s performance under Small Business Subcontracting Plans and DLA Mentoring Business Agreements that have been incorporated into previous contracts, and information obtained from other sources. Offerors are authorized to provide in their PPI, information on problems encountered on identified past work efforts, and on their subsequent corrective actions (see (c) below).

(c) Collection of Past Performance Information

(1) The offeror shall use the Past Performance Information (PPI) Collection Documents, Parts 1 through 5 (Attachments 14 through 18), to collect and/or provide all types of PPI (Offeror/Principal Subcontractor/Key Personnel) being submitted for the offeror’s proposal. PPI Collection Document – Part 1 contains instructions for the offeror for collecting and/or providing PPI, and is a mandatory proposal submission under Volume II for all offerors, regardless of the type(s) of PPI being submitted. The offeror is solely responsible for ensuring all required PPI Collection Documents are completed and submitted to the Government by the required due date.

(i) The Government may contact any or all submitted PPI (PP references) directly to verify and/or discuss the submitted information. It is the offeror’s responsibility to ensure a PP reference POC is available for contact. If a PP reference POC is not available when contacted, the Government will not be required to notify the offeror, nor be required to make repeated efforts to contact the PP reference POC. Therefore, offerors are strongly encouraged to ensure contact information for a PP reference POC is correct and that the individual is available for the Government to contact.

(d) No Relevant Past Performance Information

(1) An offeror that has no identifiable record of performance of a same or similar nature to the current requirement may be considered by the Government to have no relevant past performance. In the case of an offeror without an identifiable record of past performance or for whom information on past performance is unavailable (this includes PPI identified by an offeror for the offeror firm, for which the required, corresponding PPI Collection Documents were not received by the Government), the offeror may not be assessed either favorably or unfavorably on Performance Confidence, as the degree of confidence to the Government cannot be adequately determined and is therefore unknown.

ADDENDUM TO FAR 52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL

ITEMS

CONTRACTOR REPRESENTATIVE

(a) The contractor shall provide, in the space below, the name and telephone number of at least one responsible individual who will serve to respond to operational problems and emergencies on a twenty-four hour basis.

(b) The contractor agrees that notice to the contractor representative(s) listed constitutes notice to the contractor, and agrees to be bound by any commitments or representations made by this representative.

NAME

TITLE

PHONE NUMBER

24 HOUR EMERGENCY NUMBER

INVOICES EXCLUSIVE OF TAXES OR DUTIES DFARS 252.229-7000 (JUN 1997)

Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available.

TAX RELIEF DFARS 252.229-7001 (SEP 2014)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor’s government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: (Offeror insert) RATE (PERCENTAGE): (Offeror insert)

(b) The Contractor’s invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government’s exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

WORKERS’ COMPENSATION AND WAR HAZARD INSURANCE OVERSEAS FAR 52.228-4 –

(APR 1984)

(a) This paragraph applies if the Contractor employs any person who, but for a waiver granted by the Secretary of Labor, would be subject to workers’ compensation insurance under the Defense Base Act (42 U.S.C. 1651, et seq.). On behalf of employees for whom the applicability of the Defense Base Act has been waived, the Contractor shall

(1) provide, before commencing performance under this contract, at least that workers’ compensation insurance or the equivalent as the laws of the country of which these employees are nationals may require, and

(2) continue to maintain it until performance is completed. The Contractor shall insert, in all subcontracts under this contract to which the Defense Base Act would apply but for the waiver, a clause similar to this paragraph (a) (including this sentence) imposing upon those subcontractors this requirement to provide such workers’ compensation insurance coverage.

(b) This paragraph applies if the Contractor or any subcontractor under this contract employs any person who, but for a waiver granted by the Secretary of Labor, would be subject to the War Hazards Compensation Act (42 U.S.C. 1701, et seq.). On behalf of employees for whom the applicability of the Defense Base Act (and hence that of the War Hazards Compensation Act) has been waived, the

Contractor shall, subject to reimbursement as provided elsewhere in this contract, afford the same protection as that provided in the War Hazards Compensation Act, except that the level of benefits shall conform to any law or international agreement controlling the benefits to which the employees may be entitled. In all other respects, the standards of the War Hazards Compensation Act shall apply; e.g., the definition of war-hazard risks (injury, death, capture, or detention as the result of a war hazard as defined in the Act), proof of loss, and exclusion of benefits otherwise covered by workers’ compensation insurance or the equivalent. Unless the Contractor elects to assume directly the liability to subcontractor employees created by this clause, the Contractor shall insert, in all subcontracts under this contract to which the War Hazards Compensation Act would apply but for the waiver, a clause similar to this paragraph (b) (including this sentence) imposing upon those subcontractors this requirement to provide war-hazard benefits.

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

(a) Definition: “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may --

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may --

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of Clause Addendum)