ATTACHMENT_SPE1C118R0035.pdf

Continuation of Blocks from SF 1449

1. Block 8 Offer Due Date/Local Time: See Block 8 “OFFER DUE DATE/LOCAL TIME” on page 1

2. Block 9

› Address and Submit “mailed” offers to:

Defense Logistics Agency Troop Support Post Office Box 56667 Philadelphia, PA 19111-6667 Solicitation Number: ___SPE1C1-18-R-0035_________________ Opening/Closing Date and Time: See Block 8 “OFFER DUE DATE/LOCAL TIME” on page 1 › Address and Deliver “hand carried” offers, including delivery by commercial carrier, to:

DLA Troop Support Business Opportunities Office Bldg. 36, 2nd Floor, Room 2035 700 Robbins Avenue Philadelphia, PA 19111-5092 Solicitation Number: _ SPE1C1-18-R-0035___________________ Opening/Closing Date and Time: See Block 8 “OFFER DUE DATE/LOCAL TIME” on page 1

Notes: 1. All hand carried offers are to be delivered to the Business Opportunities Office between 8:00 a.m. and 5:00 p.m., Monday through Friday, except for legal federal holidays as set forth in 5 USC 6103. Offerors using a commercial carrier service must ensure that the carrier service “hand carries” the package to the Business Opportunities Office specified above for hand carried offers prior to the scheduled opening/closing time. Package must be plainly marked ON THE OUTSIDE OF THE COMMERCIAL CARRIER’S ENVELOPE with the solicitation number, date, and time set forth for receipt of offers as indicated in Block 8 of the Standard Form 1449.

2. Examples of “hand carried” offers include: In-person delivery by contractor, Fed Ex, Airborne, UPS, DHL, Emery, other commercial carrier, USPS Express Mail, and USPS Certified Mail.

› Transmit “facsimile” offers (if authorized; see “Addendum” to 52.212-1(b)) or offer modifications/withdrawals to: (215) 737-9300, 9301, 9302 or 9303 Offers submitted to any other facsimile number shall not be considered for award.

3. Block 17a › Offeror’s assigned Unique Entity Identifier Number: _______________

(If you do not have a Unique Entity Identifier number, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to Offerors—Commercial Items (paragraph j) for information on establishing a unique entity identifier.)

› Offeror’s assigned Contractor and Government Entity (CAGE) Code:__________________

4. Block 17b Remittance Address: (if different from Contractor/Offeror address in block 17a of the SF 1449.)

5. Blocks 19-22

Item No., Schedule of Supplies/Services, Quantity, Unit:

CAUTION: Contractors intending to deliver offers in-person should be advised that the Business Opportunities Office (Bid Office) is located within a secure military installation. In order to gain access to the facility, an escort may be required. The escort will be an employee from the Bid Room. The following are the telephone numbers for the Bid Room: (215) 737-8511, (215) 737-9044, or (215) 737-7354. It is the offeror’s responsibility to ensure that offers are received at the correct location at the correct time. Please allow sufficient time to complete delivery of hand carried offers. Since the length of time necessary to gain access to the facility varies based on a number of circumstances, it is recommended that you arrive at the installation at least one hour prior to the time the solicitation closes to allow for security processing and to secure an escort. NOTE: THIS IS A SUGGESTION AND NOT A GUARANTEE THAT YOU WILL GAIN ACCESS TO THE BASE IF YOU ARRIVE

AN HOUR BEFORE THE OFFER IS DUE.

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS (OCT 2015)

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733)

This solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

Contract Clauses

Note: 52.212-4, Contract Terms and Conditions—Commercial Items (JAN 2017) is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.acquisition.gov/far/index.html. Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

Addendum to 52.212-4:

The following paragraph of 52.212-4 is amended as indicated below:

Paragraph (t), System for Award Management.

Add the following paragraph:

(a) Definitions.

“System for Award Management (SAM) database” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes.

“Commercial and Government Entity (CAGE) Code” means— https://www.acquisition.gov/far/index.html

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or Government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

“Unique Entity Identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

“Registered in the System for Award Management database” means that—

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Contractor and Government Entity (CAGE) code, as well as date required by the Federal Funding Accountability and Transparency Act of 2006, into the SAM database;

(2) The Offeror has completed the Core Data, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service. The Offeror will be required to provide consent for TIN validation to the Government as part of the SAM registration process.

(4) The Government has marked the record “Active”.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2017)

(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) 52.209-19, 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, 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:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 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 (JUN 2010) (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].

___ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of

Div. C.);

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT

2016) (Pub. L. 111-117, section 743 of Div. C.);

http://www.sam.gov/

_ __X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) (31 U.S.C. 6101 note).

_ X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).

___ (10) [Reserved].

___ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

_____ (ii) Alternate I (NOV 2011) of 52.219-3.

___ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT

2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

_____ (ii) Alternate I (JAN2011) of 52.219-4.

___ (13) [Reserved] ___ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

___ (ii) Alternate I (NOV 2011) ___ (iii) Alternate II (NOV 2011) ___ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003)

(15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-7 ___ (iii) Alternate II (MAR 2004) of 52.219-7 _X_ (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637 (d)(2) and (3)).

_X_ (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (NOV 2016) of 52.219-9 ___ (iii) Alternate II (NOV 2016) of 52.219-9 ___ (iv) Alternate III (JAN 2017) of 52.219-9 ___ (v) Alternate IV (DEC 2017) of 52.219-9 ___ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C.

637(a)(14)).

_ X_ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

_ X_ (22) 52.219-28, Post Award Small Business Program Representation (JUL 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (DEC 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business (WOSB) Concerns Eligible Under the WOSB Program (DEC 2015) (15 U.S.C. 637(m)).

_ X_ (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (OCT 2016) (E.O. 13126).

_ X_ (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_ X_ (28) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

_ X_ (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

_ X_ (30) 52.222-36, Affirmative Action for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

_ X_ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

_ X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

___ (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22.U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017.

Note to paragraph (b) (35): By a court order issued on October 24, 2016, 52.222-59, is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40)(i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514) ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41)(i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (43)(i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_ X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (JAN 2017) of 52.224-3.

___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_ X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

___ (56) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_ X_ (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d) (12)).

___ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) _ X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

_ X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_ X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

_X_ (8) 52.222-55, Minimum Wages under Executive Order 13658 (Dec 2015) (E.O. 13658).

_X_ (9) 52.222-62, Paid Sick Leave under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract.

If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages under Executive Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e) (1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xvix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

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):

• FAR: https://www.acquisition.gov/far/index.html;

• DFARS: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

• DLAD: http://www.dla.mil/Acquisition/Documents/DLAD%20Rev%205.htm

The following additional clauses are incorporated by reference:

CLAUSE NUMBER TITLE/DATE

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

(OCT 2016) DFARS

DFARS 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country That is a State Sponsor of Terrorism (OCT 2015) DFARS

DFARS 252.225-7002 Qualifying Country Sources as Subcontractors (DEC 2016) DFARS

FAR 52.232-17 Interest (MAY 2014) FAR http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.dla.mil/Acquisition/Documents/DLAD%20Rev%205.htm

FAR 52.242-13 Bankruptcy (JUL 1995) FAR

FAR 52.242-15

FAR 52.203-18

DFARS 252.203-7002

DFARS 252.204-7003

Stop Work Order (AUG 1989) FAR

Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017)

Requirement to Inform Employees of Whistleblower Rights (SEP 2013)

CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

DFARS 252-204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (Oct 2016)

FAR - 52.245-9 – Use and Charges (APR 2012) FAR 52.253-1 – Computer Generated Forms (Jan 1991)

DFARS - 252.211-7007 – Reporting of Government-Furnished Property (AUG 2012)

DFARS - 252.245-7001 – Tagging, Labeling, and Marking of Government-Furnished Property. (APR 2012)

DFARS - 252.245-7002 – Reporting Loss of Government Property (DEC 2017)

DFARS - 252.245-7003 – Contractor Property Management System Administration (APR 2012) DFARS - 252.245-7004 – Reporting, Reutilization, and Disposal. (DEC 2017)

DFARS – 252.225-7048 – EXPORT CONTROLLED ITEMS (JUNE 2013)

Addendum

The following additional clauses are set forth in full text:

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

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

52.211-16 VARIATION IN QUANTITY (APR 1984)

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

(b) The permissible variation shall be limited to:

__0___ percent increase __0___ percent decrease This increase or decrease shall apply to _____N/A______________________________.

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 30 days of contract expiration.

(End of Clause)

FAR 52.217-9 -- Option to Extend the Term of the Contract. (Mar 2000)

a) The Government may extend the term of this contract by written notice to the Contractor within _3____ days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _60__ days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed ___90________ months.

(End of Clause) Solicitation Provisions

Note: 52.212-1, Instructions to Offerors—Commercial Items (JAN 2017) is incorporated in this solicitation by reference.

Its full text may be accessed electronically at https://www.acquisition.gov/far/index.html. Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

Addendum to 52.212-1:

The following paragraphs of 52.212-1 are amended as indicated below:

1. Paragraph (b), Submission of Offers.

a. Delete the 1st sentence and substitute the following:

Submit signed and dated offers as specified on page 3 of this solicitation at Block 9 on or before the exact due date/local time as specified on page 3 at Block 8. [x] Facsimile offers are NOT authorized for this solicitation. [ ] Facsimile offers are authorized for this solicitation. Facsimile offers that fail to furnish required representations, or information, or that reject any of the terms, conditions and provisions of the solicitations, may be excluded from consideration. Facsimile offers must contain the required signatures. The Government reserves the right to make award solely on the facsimile offer. However, if requested to do so by the Contracting Officer, the apparently successful offeror agrees to promptly submit the complete original signed proposal. The Government will not be responsible for any failure attributable to the transmission or receipt of the facsimile offer.

2. Paragraph (c), Period for Acceptance of Offers.

Change “30 calendar days” to read “120 calendar days”.

3. Paragraph (g), Contract award (not applicable to Invitation for Bids).

The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

Special Instructions for the Submission of Technical/Past Performance Proposal Information:

IN RESPONSE TO THE TECHNICAL FACTORS BELOW OFFERORS ARE ADVISED TO SUBMIT A DETAILED TECHNICAL PROPOSAL. OFFERORS ARE ADVISED TO FOLLOW THE EXISTING FORMAT AND RE-STATE EACH FACTOR ABOVE THE

PROPOSAL.

OFFERORS ARE REQUIRED TO SUBMIT TWO (2) HARD COPIES OF THE TECHNICAL PROPOSAL, TWO (2) HARD COPIES OF

THE COMPLETED SOLICITATION.

In order to provide full consideration of your qualification for contract award, you are encouraged to ensure that the information furnished in support of your technical proposal is factual, accurate and complete. The technical proposal must demonstrate the offeror’s ability to meet the Government’s requirements as set forth in this solicitation. To be considered acceptable, the offeror’s technical proposal must provide, as a minimum, the information requested. Failure to provide the information requested by any of the technical evaluation factors may be considered a “no response” and a rating of “unacceptable” given to the applicable factor, sub-factor or element.

PROPOSAL EVALUATION FACTORS

1. TECHNICAL EVALUATION (1st Evaluation Factor)

NOTE: Failure to receive an “acceptable” rating for any or all of the following three technical evaluation sub factors will be cause for rejection of the proposal and further evaluation of the technical proposal will not be completed: Sub Factor 1: Inventory Management and Distribution, Sub Factor 2: Warehousing Capabilities, and Sub Factor 3:

Electronic Data Interchange Capabilities.

Sub Factor 1 – Inventory Management and Distribution

As part of the Offeror’s Inventory Management and Distribution Management Plan, the Offeror must include a Phase-In Schedule. This schedule should detail the Contractor’s proposed implementation plan including milestones from contract inception to full operational service. Full operational service is defined as the complete ability to receive, store, and issue inventory. This includes the ability to receive and transmit all inventory transactions to and from DLA Troop Support information systems. The contractor is cautioned to schedule adequate time for systems testing as well. The time period from contract inception to full operational service shall not exceed 90 days.

Describe, in detail, the day-to-day method of inventory control including a description of the Warehouse Management System (WMS) and its capabilities. Indicate the ability to provide total asset visibility to DLA Troop Support and its customers, including the method of providing visibility of all inventory stored in the contractor’s warehouse, and the method of providing shipment tracking information on all shipments. Describe the procedures used for the physical receipt of incoming inventory. Explain the ability to deal with a surge in receipts and orders due to military mobilization, national emergency or international turmoil.

Explain the MRO fulfillment process by describing the step-by-step process from MRO receipt, to order picking, to packaging, to final shipment. Describe how the distribution of items to all customers will be accomplished within the specified delivery timeframe of 1 to 6 business days – including the modes of transportation and type of carriers that will be used to transport the Government’s inventory. Indicate ability for handling overnight/expedited shipments, emergency orders, and routine orders. Explain the quantity and type of personnel that will be utilized in support of the proposed contract.

Sub Factor 2 – Warehousing Capabilities

Provide a description of the proposed warehouse including the location, buildings, square and cubic footage of available space, loading docks, accessibility, racking, and time period required to outfit the warehouse for program support.

Explain abilities to protect and secure Government assets 24 hours per day, 7 days per week and include an assessment of the sprinkler systems, burglar alarms, video surveillance, etc. Describe the types of personnel security controls (e.g.

background checks, use of identification cards, etc.) to be used to ensure that only approved employees (and subcontractor’s employees) are granted access to the Government’s physical inventory and physical and/or electronic data. Explain methods to be used to keep Government owned apparel items free of damage including, but not limited to rips, tears, staining, water damage, and sunlight/uv exposure. Describe the capability to expand and/or obtain additional warehouse space in the event of a contingency or natural disaster.

Sub Factor 3 – Electronic Data Interchange (EDI) Capabilities

Provide a description of the system to be used to generate, receive, and maintain data records sent to and received from DLA through EDI. Describe how this system is integrated with the Offeror’s WMS. Specify if a Value Added Network (VAN) will be used. Provide examples of the EDI transactions the Offeror routinely transmits or receives regarding goods receipts, shipments made, orders received, orders filled, orders cancelled, and inventory adjustments.

Describe the volume and/or quantity of EDI transactions the Offeror routinely manages. Describe your firm’s ability to perform EDI testing to ensure that the system is capable of sending and receiving EDI transactions with a trading partner.

2. PAST PERFORMANCE CONFIDENCE ASSESSMENT (2nd Evaluation Factor)

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

a. Recency (Aspect a) Recency is generally expressed as a time period during which past performance references are considered relevant, and is critical to establishing the relevancy of past performance information. For this acquisition, prospective offerors shall submit past performance information over the last two-year period prior to the solicitation’s closing date, regardless of the contract type (commercial or government).

b. Relevancy (Aspect b) Determines how relevant a recent effort accomplished by the offeror is to the effort to be acquired through the source selection. In establishing what is relevant for the acquisition, consideration should be given to those aspects of an offeror’s history of contract (or subcontract) performance that provides the most context and gives the greatest ability to measure whether the offeror will successfully satisfy the current requirement. Common aspects of relevancy include, but are not limited to, the following: similarity of product/service/support, complexity, dollar value, contract type, use of key personnel (for services), and extent of subcontracting/teaming. Information provided under the Past Performance Confidence Assessments aspects a & c will be used to determine the relevancy.

c. Quality of Products / Services (Aspect c) (i.e. how well the contractor performed on previous contracts)

For elements i. Quality of Supplies / Services and element ii. Delivery Performance:

Firstly, offerors are to list all their contracts with a value of $50,000 or greater over the last two (2) year period prior to solicitation closing date, regardless of the contract type (commercial or government). Secondly, if all of the contracts over $50,000 are commercial, offerors are to list their five (5) highest annual dollar value government contracts over the same period even if they are under $50,000. In instances where the offeror’s highest annual dollar value contracts are all government type, no further contracts will need to be furnished. This requirement applies to contracts as distinguished from delivery orders under a basic contract award.

For each contract the offeror shall include:

i. Contract number or other identification.

ii. Contract holder name and address or Government activity name and address.

iii. Contract points of contact and telephone number.

iv. Total contract length.

v. Starting and Ending Dates of Contract

vi. Contract type ((e.g., Purchase Order, long term contract, TLS-type contract (i.e., defined as an indefinite delivery/indefinite quantity contract under which the contractor manages numerous delivery orders for a variety of products and provides advanced distribution capabilities), etc.)).

vii. Annual Dollar Value.

viii. Sample listing of the items provided.

ix. Average on time delivery percentage.

x. Problems or discrepancies (i.e. shortages, overages, damage, defects, incorrect shipments, etc.) encountered during performance and a brief description of how these problems were handled as well as the urgency involved, timeliness of the response/action, and the corrective action taken

NOTE: The Government reserves the right to consider more recent past performance (beyond the date of the solicitation, until time of award) if necessary

Below is an example of how to fill out the information for a long-term contract:

LONG-TERM CONTRACT SAMPLE:

Contract Number: SPE1C1-XX-D-XXXX Contract holder name: DLA Troop Support – C&T; 700 Robbins Ave. Phila, PA 19111 Contract point of contact and telephone number: Jane Doe; 215-737-5555 Total contract length: Base year and 3 options Starting and Ending Dates of contract: 9/3/2012 – 9/3/2016 Contract Type: LTC (long term contract) Annual dollar value: $25,000,000.00 Item(s) provided: Men’s MC Blue Coat (list all that apply to contract and/or delivery order) Average on time delivery percentage: 95% Problems or discrepancies: late deliveries on 5% of our delivery orders

For element iii. Compliance with Small Business Participation Goals:

Delivery Order #

Date issued

$ Value Item Total Quantity

Delivery Schedule

Status

0001 12/5/2014 $2,500,450 MC Blue Coat

20,000 EA 4/5/2015 –

6/5/2015

Finished shipping on 6/4/2015, 1 day Ahead of Schedule. Quality: (Insert any quality concerns)

For the two years prior to the solicitation’s closing date, the offeror shall provide a description of its subcontracting with Small Business (SB) Concerns, Small Disadvantaged Business (SDB) Concerns, Women-Owned Small Business (WOSB) Concerns, Historically Black Colleges and Universities (HBCU) and Minority Institutions (MI), HUBZone Small Business (HUBZone SB) Concerns, Veteran-Owned Small Business Concerns, and Service-Disabled Veteran-Owned Small Business Concerns, and entities. (Reference FAR 52.219-9, Small Business Subcontracting Plan) The offeror may submit Standard Form (SF) 294, Subcontracting Report for Individual Contracts; SF 295, Summary Subcontract Report; and/or a similar report with narrative comparing planned performance with actual performance by business category for at least a period of two years prior to the solicitation’s closing date.

NOTE: The Government reserves the right to consider more recent past performance (beyond the date of the solicitation, until time of award), if necessary.

3. SMALL BUSINESS PARTICIPATION (3rd evaluation Factor)

Whether or not it is required to submit a subcontracting plan in accordance with FAR 52.219-9, all offerors, large businesses and small businesses, shall comply with paragraphs a. through d. directly below. An offeror's failure to address this factor may result in rejection of its offer.

IMPORTANT NOTE: Large businesses must comply with all additional requirements outlined in FAR 52.219-9 Small Business Subcontracting Plan (JAN 2017) and DFARS 252.219-7003 Small Business Subcontracting Plan (DoD

CONTRACTS) - BASIC (DEVIATION 2016-O0009) (AUG 2016).

a. Provide a description of the efforts your company will make to assure that small, small disadvantaged, women-owned, HUBZone, Veteran-owned, and Service-Disabled Veteran-Owned Small Business (SDVOSB) small business concerns will have equal opportunity to compete for subcontracts under any resulting contract. Describe your current and planned proposed range of services, supplies, and any other support that will be provided to you by small, small disadvantaged, women-owned, HUBZone, Veteran-owned, and SDVOSB small business concerns. Include specific names of subcontractors to the extent they are known.

b. Describe any future plans your company has for developing additional subcontracting opportunities for small, small disadvantaged, women-owned, HUBZone, Veteran-owned, and SDVOSB small business concerns during the contract period.

c. Specify what proportion of your proposal, as a percentage of dollars, will be subcontracted to small, small disadvantaged, women-owned, HUBZone, Veteran-owned, and SDVOSB small businesses.

d. Specify what type of performance data you will accumulate and provide to the Contracting Officer regarding your support of small, small disadvantaged, women-owned, HUBZone, Veteran-owned, and SDVOSB small businesses during the period of contract performance. Provide the name and title of the individual principally responsible for ensuring company support to such firms.

For those acquisitions involving options, small business participation goals must be separately identified for the base term and each option term.

If the offeror, itself, is a small business, the offeror may receive credit towards its small business participation for that portion of the work it will perform under the proposed contract as if the work was actually subcontracted to a SB concern. To receive this credit, the offeror must clearly identify its own performance in the below sample format.

Offerors are required to use the below format in providing the details as required by paragraphs a. through d. above.

OFFEROR'S NAME: TYPE OF BUSINESS: i.e. Large, Small, SB, Hubzone, SDB, SDVOSB, VOSB or WOSB:

BASE $ and %

OPTION I

$ and %

Description of supplies or work & firm doing the work

TOTAL VALUE OF OFFER

TOTAL VALUE OF WORK

PERFORMED BY OFFEROR

TOTAL VALUE OF SUBCONTRACTS

/ ORDERS

TOTAL VALUE OF LARGE BUSINESS

SUBCONTRACTS / ORDERS

TOTAL VALUE OF SMALL BUSINESS

SUBCONTRACTS / ORDERS

SB (including ANC & Indian Tribes)

VOSB

SDVOSB

HUBZone SB

SDB (including ANC & Indian Tribes)

WOSB

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be evaluated and assigned an adjectival rating in accordance with the adjectival rating system listed in the solicitation. The non-price evaluation factors (evaluation factors 1 through 3), when combined, are significantly more important than cost or price. As proposals become more equal in their technical merit, the evaluated cost or price becomes more important.

NOTE: Failure to receive an “acceptable” rating for any or all of the following technical evaluation sub factors will be cause for rejection of the proposal and further evaluation of the technical proposal will not be evaluated: Sub Factor 1: Inventory Management and Distribution, Sub Factor 2: Warehousing Capabilities, and Sub Factor 3: EDI Capabilities.

The following evaluation criteria, listed in descending order of importance, shall be used to evaluate offers:

1. Technical Evaluation – listed in descending order of importance

Sub Factor 1 – Inventory Management and Distribution

2. Past Performance Confidence Assessment

* NOTE: Aspects a. Recency, b. Relevancy, and c. Quality of Products/Services are of equal importance and will be rated in accordance with the adjectival rating.

a. Recency

b. Relevancy: information provided under evaluation Factor 2, Aspects a. & c. will be used to determine the relevancy. The similarity in scope, complexity, dollar value, contract type, etc. will be evaluated to determine the relevancy of the past performance.

c. Quality of Products / Services ** (i.e. how well the contractor performed on previous contracts)

i. Quality of Supplies / services

ii. Delivery Performance

iii. Compliance with Small Business Participation Goals **NOTE: The Quality of Products elements i. Quality of Supplies / Services and ii. Delivery Performance are of equal importance and more important than iii. Compliance with Small Business Participation Goals.

3. Small Business Participation

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

Addendum to 52.212-2

SECTION I – Evaluation of Proposal

Overview

Subsequent to the date specified in the solicitation for receipt of proposals, all timely proposals will undergo a technical, past performance, small business participation and a business evaluation as described in the paragraphs below. The contracting officer will make a competitive range determination based on these evaluations and submit it to the Source Selection Authority (SSA) for approval.