SPE300-15-R-0042_Amendment_0004_Attachment_1_Published.pdf

SPE300-15-R-0042 Amendment 0004 – Attachment 1 Page 1 of 47

This amendment contains two sections: Sections I contains revisions (adds/changes/deletions) to the solicitation requirements. Section II provides answers to questions which were submitted in reference to the pre-proposal conference.

NOTE: The answers in Section II are provided for clarification purposes only and do not change the solicitation requirements. In the event of any discrepancy between the answers provided in Section II and the solicitation documents, the solicitation documents will take precedence.

Section I – Solicitation Adds/Changes/Deletions

1. All references to the following terms or characters shall be revised in the various solicitation documents as indicated below:

Document Term/Character Revision 1 Solicitation Attachment 1, page 135 OPERATINGSUPPLIES OPERATING SUPPLIES 2 Solicitation Attachment 1, page 9 DLA TROOP SUPPORT OCONUS

SUSISTENCE QUOTE SHEET

OFFICIAL DLA TROOP

SUPPORT OCONUS

SUBISTENCE QUOTE

SHEET

3 Amendment 0001, page 17, paragraph

(b) (3)

(3) “Product price” is the most recent DLA Troop Support MP) price

(3) “Product price” is the most recent DLA Troop Support MPA price

4 Amendment 0001, page 32, end of paragraph 6 (b)

Erroneous Character “□” Delete the erroneous character

5 Amendment 0001, page 32, end of paragraph 6 (c)

Erroneous Character “□” Delete the erroneous character

6 Amendment 0001, page 51, paragraph 2 (2)

““Product price” is the most recent DLA Troop Support MP) price

““Product price” is the most recent DLA Troop Support MPA price

2. On page 39 of the SOLICITATION, after 252.203-7005, add 252.204-7008 and 252.204-7009 as follows:

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS (DEC 2015)

(a) Definitions. As used in this provision—

“Controlled technical information,” “covered contractor information system,” and “covered defense information” are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012, Covered Defense Information and Cyber Incident Reporting, shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm

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(c) For covered contractor information systems that are not part of an information technology (IT) service or system operated on behalf of the Government (see 252.204- 7012(b)(1)(ii))—

(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations” (see http://dx.doi.org/10.6028/NIST.SP.800-171), not later than December 31, 2017.

(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—

(A) Why a particular security requirement is not applicable;

or

(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.

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

CONTRACTOR REPORTED CYBER INCIDENT INFORMATION (DEC 2015)

(a) Definitions. As used in this clause—

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

“Covered defense information” means unclassified information that— http://dx.doi.org/10.6028/NIST.SP.800-171

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(1) Is—

(i) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or

(ii) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and

(2) Falls in any of the following categories:

(i) Controlled technical information.

(ii) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).

(iii) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.

(iv) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).

“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

(b) Restrictions. The Contractor agrees that the following conditions apply to any information it receives or creates in the performance of this contract that is information obtained from a third-party’s reporting of a cyber incident pursuant to DFARS clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (or derived from such information obtained under that clause):

(1) The Contractor shall access and use the information only for the purpose of furnishing advice or technical assistance directly to the Government in support of the Government’s activities related to clause 252.204-7012, and shall not be used for any other purpose.

(2) The Contractor shall protect the information against unauthorized release or disclosure.

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(3) The Contractor shall ensure that its employees are subject to use and non-disclosure obligations consistent with this clause prior to the employees being provided access to or use of the information.

(4) The third-party contractor that reported the cyber incident is a third-party beneficiary of the non-disclosure agreement between the Government and Contractor, as required by paragraph (b)(3) of this clause.

(5) A breach of these obligations or restrictions may subject the Contractor to—

(i) Criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, and other appropriate remedies by the United States; and

(ii) Civil actions for damages and other appropriate remedies by the third party that reported the cyber incident, as a third party beneficiary of this clause.

(c) Subcontracts. The Contractor shall include this clause, including this paragraph (c), in subcontracts, or similar contractual instruments, for services that include support for the Government’s activities related to safeguarding covered defense information and cyber incident reporting, including subcontracts for commercial items, without alteration, except to identify the parties.

3. On page 39 of the SOLICITATION, after 252.204-7011, add 252.204-7012 as follows:

DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND

CYBER INCIDENT REPORTING (AUG 2015)

(a) Definitions. As used in this clause—

“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

“Contractor information system” means an information system belonging to, or operated by or for, the Contractor.

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“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

“Covered contractor information system” means an information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

“Covered defense information” means unclassified information that—

(i) Is—

(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or

(B) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and

(ii) Falls in any of the following categories:

(A) Controlled technical information.

(B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).

(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.

(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).

“Cyber incident” means actions taken through the use of computer networks that result in an actual or potentially adverse effect on an information system and/or the information residing therein.

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“Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

“Malicious software” means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within an information system.

‘‘Operationally critical support’’ means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

“Rapid(ly) report(ing)” means within 72 hours of discovery of any cyber incident.

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security for all covered defense information on all covered contractor information systems that support the performance of work under this contract. To provide adequate security, the Contractor shall—

(1) Implement information systems security protections on all covered contractor information systems including, at a minimum—

(i) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government—

(A) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract; and

(B) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract; or http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7013 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252239.htm

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(ii) For covered contractor information systems that are not part of an IT service of system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1)(i) of this clause—

(A) The security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations, http://dx.doi.org/10.6028/NIST.SP.8 00-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer;

or

(B) Alternative but equally effective security measures used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection approved in writing by an authorized representative of the DoD CIO prior to contract award; and

(2) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor’s ability to perform the requirements of the contract that are designated as operationally critical support, the Contractor shall—

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor’s network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor’s ability to provide operationally critical support; and

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(ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at http://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/certificate.html.

(d) Malicious software. The Contractor or subcontractors that discover and isolate malicious software in connection with a reported cyber incident shall submit the malicious software in accordance with instructions provided by the Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis.

Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or http://dibnet.dod.mil/ http://dibnet.dod.mil/ http://iase.disa.mil/pki/eca/certificate.html

SPE300-15-R-0042 Amendment 0004 – Attachment 1 Page 9 of 47 derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD—

(1) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32CFR 236); or

(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government’s use and release of such information.

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor’s responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.

(m) Subcontracts. The Contractor shall—

(1) Include the substance of this clause, including this paragraph (m), in all subcontracts, including subcontracts for commercial items; and

(2) Require subcontractors to rapidly report cyber incidents directly to DoD at http://dibnet.dod.mil and the prime Contractor. This includes http://dibnet.dod.mil/

SPE300-15-R-0042 Amendment 0004 – Attachment 1 Page 10 of 47 providing the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable.

4. On page 39 of the SOLICITATION, delete 52.207-04 Economic Purchase Quantity – Supplies in its entirety.

5. On page 45 of the SOLICITATION, add the following:

IN PERSONAM JURISDICTION FOR CIVIL OR CRIMINAL ACTIONS BROUGHT BY

THE UNUTED STATES GOVERNMENT (DEC 2009)

a. Definitions, as used in this clause, (1). Contractor- For purposes of this clause the term “contractor” includes both the contractor and subcontractors at any tier and any employees of the contractor or any subcontractor performing work under or in connection with the contract.

(2). United States- For purposes of this clause the term “United States” means the 50

States and the District of Columbia. The term does not include any military installation or facility located outside the United States, as so defined.

b. The contractor consents to and, in the event of initiation of an action by the United States, shall also consent at that time to in personam jurisdiction over the contractor by the Federal courts of the United States with respect to any civil or criminal action brought by the United States Government based on any act or failure to act of the contractor in the performance of or otherwise arising from or related to this contract. The contractor further agrees to accept service of process with regard to any such action, failing which the contractor shall be deemed to be subject to the in personam jurisdiction of any Federal court of competent subject matter jurisdiction through operation of this clause.

c. Consent to in personam jurisdiction pursuant to this clause shall not operate to deprive or terminate in personam jurisdiction in any other court that otherwise has in personam jurisdiction under applicable law.

d. Where a cause of action arises from an act or omission occurring outside the United States, in personam jurisdiction shall lie in the United States District Court for the District of Columbia if it cannot be established in another Federal court.

e. In the event that the value of the contract (including options) equals or exceeds $5,000,000 and the contractor does not maintain an office in the United States, the contractor shall designate an agent located in the United States for service of process in any action covered by this clause, and provide the name and address of that agent to the Contracting Officer.

f. The contractor shall include this clause in any subcontracts under this contract, and each subcontractor shall include this clause in any of its subcontracts.

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6. On page 42 of Solicitation Attachment 1, at the end of paragraph (B)(1), add the following:

Refer to: http://www.sddc.army.mil/GCD/International%20Cargo%20Distribution/Forms/AllItems.as px?RootFolder=%2FGCD%2FInternational%20Cargo%20Distribution%2FUNIVERSAL%20S

ERVICE%20CONTRACT%20(USC)-7

7. On pages 55-56 of Solicitation Attachment 1, paragraph (v), as revised via amendment 0003, page 28, delete the last sentence in paragraph (v), i.e., delete “The Prime Vendor shall be responsible for registering all vehicles used in performance of this contract with the Iraq Ministry of Interior.”

8. On page 57 of Solicitation Attachment 1, paragraph (vii)(a), as revised via amendment 0003, pages 19-20, add the following sentence to the end of paragraph (9)(a):

The Prime Vendor shall be responsible for registering all vehicles used in performance of this contract with the Iraq Ministry of Interior.

9. On page 59 of Solicitation Attachment 1, delete and replace paragraph (ix. Life Support), as revised via amendment 0003, page 22:

ix. Life Support The Prime Vendor will provide all life support including billeting, food (meals), water and electricity for Convoy Escort Teams (“CETs”). However, for convoy drivers with requirements for Rest Overnight (“RON”) at base camp Taji, the Government will provide Halal MREs, water, latrines, and fuel. The CETs will not be permitted to enter base camp Taji. Only convoy drivers are granted access to base camp Taji for this support. Note: These services may be discontinued at any time, for any reason, including conditions in theater. The Prime Vendor will be expected to continue to perform at no change in distribution price if these services are discontinued.

10. On page 61 of Solicitation Attachment 1, paragraph 2, revise the first sentence in subparagraph 5 to read as follows:

For informational purposes only, based on current conditions on the ground, there are two (2) Iraq customers (Al Asad and Al Taqaddum) that required routine air shipments. The Al Asad and Al Taqaddum runways are 13,000 feet in length. They are both able to handle 747s. The Al Asad runway is asphalt and the Al Taqaddum runway is asphalt and cement. Offerors are advised that circumstances on the ground may change at any time, and the contractor will be expected to perform in those changed circumstances at no additional cost to the Government.

11. On page 65 of Solicitation Attachment 1, re-number paragraghs 1, 2, 3, 3, and 4 to read 1, 2, 3, 4, and 5. Also, add the following sentence to the end of paragraph 2:

The Prime Vendor will be responsible for stocking any item that has a fifteen (15) case average monthly requirement.

12. On page 69 of the Solicitation Attachment 1, add the following to the end of paragraph

VIII(A)(1):

http://www.sddc.army.mil/GCD/International%20Cargo%20Distribution/Forms/AllItems.aspx?RootFolder=%2FGCD%2FInternational%20Cargo%20Distribution%2FUNIVERSAL%20SERVICE%20CONTRACT%20(USC)-7 http://www.sddc.army.mil/GCD/International%20Cargo%20Distribution/Forms/AllItems.aspx?RootFolder=%2FGCD%2FInternational%20Cargo%20Distribution%2FUNIVERSAL%20SERVICE%20CONTRACT%20(USC)-7 http://www.sddc.army.mil/GCD/International%20Cargo%20Distribution/Forms/AllItems.aspx?RootFolder=%2FGCD%2FInternational%20Cargo%20Distribution%2FUNIVERSAL%20SERVICE%20CONTRACT%20(USC)-7

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Such precautions are designed to provide for Food Defense as described by the Food & Drug Administration (FDA) at www.fda.gov/Food/FoodDefense/.

13. On page 69 of the Solicitation Attachment 1, revise paragraph VIII(A)(2) to read as follows:

2. As the holder of a contract with the Department of Defense, the Prime Vendor should be aware of the vital role it plays in supporting the Government’s customers. It is incumbent upon the Prime Vendor to take actions to secure product delivered to all customers. It is a requirement for the Prime Vendor to have written force protection/food defense plans relating to plant security and security of product in light of the heightened threat of terrorism and to secure prime vendor product from intentional adulteration/contamination. The Prime Vendor’s Food Defense Plan must be incompliance with the DLA Troop Support Food Defense Checklist as determined by the Contracting Officer. (NOTE: to download a copy of the DLA Troop Support Food Defense Checklist go to https://www.troopsupport.dla.mil/subs/fs_check.pdf or contact the applicable Contracting Officer or the DLA Troop Support Quality Audits & Food Defense Branch at 215-737-8656). This Plan must be submitted to the Contracting Officer within 60 days after contract award to be reviewed for acceptability. The Contracting Officer may conduct ongoing verifications of the Prime Vendors security and food defense system throughout the life of the contract. Failure to have or maintain an acceptable food defense plan will be considered a breach of contract. The DLA Troop Support-FTSB may conduct Food Defense Audits/reviews during Prime Vendor Product Quality Audits, Unannounced Quality Systems Management Visits and/or other visits to verify the implementation, compliance and effectiveness of the Prime Vendor’s Food Defense Plan. The Prime Vendor’s Food Defense Plan should include specific security measures relating to but not limited to the following areas:

• Employee Identification

• Background checks where applicable

• Control of access to plant facility, gates and doors at the facility

• Internal Security

• Training and security awareness

• Product Integrity

• Transportation Security

The Prime Vendor may modify its Food Defense Plan at any point during contract implementation or during the period of performance, however, any change must be determined acceptable by the Contracting Officer. Whenever a change is made to the Food Defense Plan, it must be submitted to the Contracting Officer for review and approval. If more than one facility will be used to store or distribute product, a separate acceptable Food Defense Plan for each facility is required.

14. On page 98 of Solicitation Attachment 1, revised paragraph 3, subparagraphs (i) thru (vii) as

i. 810 – Electronic Invoice

ii. 832 – Catalog (Outbound: Contractor to DLA Troop Support)

a. The Prime Vendor will be required to submit a breakout of their total contract unit price (i.e. separate Product price and Distribution price columns).

b. Gross case weight, case cube, and number of cases per pallet will need to be provided by the Prime Vendor.

iii. 850 – Purchase order http://www.fda.gov/Food/FoodDefense/ https://www.troopsupport.dla.mil/subs/fs_check.pdf

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iv. 864 – Inventory Reporting

15. On page 100 of Solicitation Attachment 1, below paragraph (E)(3), add the following paragraph 4:

4. In regard to airlifts, Kuwait, Iraq, and Jordan customers may cancel orders prior to loading of product onto aircraft. No restocking charges will apply. Restocking charges may only be applied at the Contracting Officer’s discretion, for cancellations after the aircraft is loaded on orders over $10K.

16. On page 101 of Solicitation Attachment 1, revise paragraph I (1.) to read as follows:

1. If a customer desires to order an item that is not part of the Prime Vendor’s inventory, the Prime Vendor will be allowed a maximum of 120 days lead time to source, transport and make available the new item to the end-user customer. This 120-day period will begin after the Prime Vendor receives the individual services’ Headquarters or Regional Area Command approval and initial demand for the item. It is the Prime Vendor’s responsibility to obtain individual services’ Headquarters or Regional Area Command approval. The 120-day lead time does not apply to replacement items. Lead time will depend on existing inventory. The Prime Vendor must notify DLA Troop Support and the requesting activity when new items are available for distribution. These items should become a permanent part of the Prime Vendor’s inventory if it appears that these items will be ordered regularly; i.e., a hospital supported under the proposed contract(s) uses dietary products and items unique to a healthcare facility. The Government does not intend to add a new item to the Prime Vendor’s permanent catalog unless there is anticipated demand of at least fifteen (15) cases per month. For existing catalog items, the Prime Vendor will be responsible for notifying the Contracting Officer on a monthly basis if any cataloged item has not been ordered in sufficient quantities to meet a fifteen

(15) case monthly order quantity. Those slow moving items will be considered for catalog deletion. Special Order, Seasonal, Spices, and Holiday Items will be required at less than fifteen (15) case demand levels and are excluded from the fifteen (15) case monthly demand review.

17. On page 126 of Solicitation Attachment 1, paragraph (b)(iv), revise the last sentence to read as

Failure to provide information as requested in any of the technical non-price components identified below in the section entitled Submission Requirement – Technical Proposal may be considered a “no response” and may not be ratable or may warrant a “Marginal or Unacceptable” rating for the applicable non-price factor or component.

18. On page 129 of Solicitation Attachment 1, revise the first sentence in the last paragraph to read as follows:

Provide a brief performance record of up to five (5) of your highest dollar value and most comparable contracts, whether they are commercial or Government contracts, from the 18 month period preceding the closing date of the solicitation.

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19. On page 132 of Solicitation Attachment 1, revise the first sentence in the last paragraph to read as follows:

1. Provide a brief performance record of up to five (5) of your highest dollar value and most comparable contracts, whether they are commercial or Government contracts, from the 18 month period preceding the closing date of the solicitation.

20. On page 135 of Solicitation Attachment 1, correct the letter of the first paragraph as follows:

Change from: (d). Submission Requirement – Business Proposal/Pricing – Volume III To: (e). Submission Requirement – Business Proposal/Pricing – Volume III

21. On page 140 of Solicitation Attachment 1, Element 3, revise subparagraph 1 to read as

Attachment 2, tab Market Basket represents as a minimum 40% of the anticipated dollar value of this solicitation. The distribution category for each item has been pre-designated as indicated on the attachment 2, tab Market Basket, Column N. No changes may be made to an item’s designated category. The estimated quantities for the items selected are indicated in Columns O- R and are for information and evaluation purposes only.

22. The Solicitation Attachment 2 Market Basket Spreadsheet as amended via amendment 0003 is hereby replaced in its entirety, see attachment 2. The following changes were made to the spreadsheet:

(a). On the Market Basket, Column R, the formulas were adjusted to reflect the correct UoM.

(b). On the Market Basket tab, the word “Quantity” was added to Cells Y2, Z2, AA2, & AB2.

(c). On the Market Basket tab, the label in Cell AC36 was removed.

(d). On the Market Basket Formulas tab, Column M, which was previously hidden is now displayed. Note: Column M is intentionally hidden on the Market Basket Tab.

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Section II – Pre-Proposal Conference Q&A

Again, thank you for your insightful questions regarding this solicitation. This is the final set of questions that were received in writing from potential offerors before, during, and after the pre-proposal conference. Questions and answers are published via amendment so that all potential offerors have the same information with regards to this solicitation. Please note that questions may have been consolidated for convenience and/or revised to remove sensitive, misleading or extraneous information.

1. IV. Product Sourcing and Pricing states that under NAPA, the price of the item must be billed net of the discount. Kindly confirm/clarify. J. National Allowance Program Agreement; (6).

DLA Troop Support Response: For each item on the market basket, offerors must offer product prices that have been reduced by any applicable NAPA discounts. In other words, submit net of NAPA product prices.

2. IV. Product Sourcing and Pricing refers to a surge situation as being defined as an increase in military feeding of 300%. And as per this contract the Prime Vendor will be required to have the ability to sustain surges of 300% pre-surge demand levels for 30 days without advance notice, i.e. holding stock should be sufficient to supply normal day-to-day customer requirements as well as being ready and able to deliver and provide without notice in the 300% surge requirement. Prime Vendor will easily be able to manage the 300% surge stock with long shelf-life's, however FF&V and Local Made Ready products for the 300% surge stock do not/will not have shelf-life's to keep for extended periods of time, resulting in stocks being wasted. Kindly provide the procedure on how the Prime Vendor will be able to recover the costs of the wastage with regards to the 300% surge capability when it comes to FF&V and Local Made Ready products. Kindly advice, clarify and amend. M. Surge and Sustainment; 2.

DLA Troop Support Response: It is the Prime Vendor’s responsibility to manage its own supply chain, to include all inventory management, in a way that satisfies the requirements of the contract. DLA Troop Support expects that the contract surge requirements for FF&V and LMR will be accomplished via the Prime Vendor’s supplier relationships. The Government will not be responsible for any expired or excess inventory during the life of the contract or after the contract has expired.

3. IV. Product Sourcing and Pricing, we believe the heading of this section to be a typographical error as the Table of contents on page 7 refers to: N. Food Service Operating Supplies. Kindly confirm and amend document. N. Food Service Operating supplies.

DLA Troop Support Response: Confirmed. See Section I, paragraph 1, table, row 1 above.

4. IV. Product Sourcing and Pricing, it is required that the Prime Vendor supply FSOS items to the customer(s) - no specifications are provided, apart from this statement. Kindly provide exact product range, specifications and details to be provided to allow contractor to price and prepare pricing for this opportunity. Kindly clarify and amend accordingly. N. Food Service Operating supplies

SPE300-15-R-0042 Amendment 0004 – Attachment 1 Page 16 of 47

DLA Troop Support Response: There is only one FSOS item currently being supplied to the region; i.e., charcoal, briquette, which is identified on the market basket spreadsheet.

Additional FSOS items may or may not be required in the future.

5. IV. Product Sourcing and Pricing, the requested dispensing supplies and services, apart from the descriptions, quantities and location of the specific requirements, the document provides no further specification, quality assurance standards, or any specification for that matter. Kindly provide this information to ensure the contractor calculates estimations on the exact product(s) required to avoid potential financial loss after potential award and the end customer at the locations of the dispensing services is not happy with the type and model of machines provided. To avoid this financial burden to the Prime Vendor - kindly clarify, advise, provide missing information and amend the contract accordingly. In addition, it could assist being given a list of make, model, manufacturer, etc. of the current machines accepted by the different customer(s) being provided by the incumbent Prime Vendor.

O. Dispensing Supplies and Services.

DLA Troop Support Response: Unless otherwise specified, the items identified on pages 36-38 are typical dispensing machines/equipment for the related prime vendor cataloged items. No additional specifications will be provided.

6. V. Transportation, in the Table of Contents of the same document, page 7, it refers to a section entitled "A. Best Services". The document is not consistent with the Table of Content and Vice versa, kindly clarify and amend the document. A. As the Government reserves the right to use the system that provides the best service to its customers (readiness included as a factor the following applies:

DLA Troop Support Response: The table of contents presents an abbreviated version, “Best Services,” of the heading for paragraph V(A), “As the Government reserves the right to use the system that provides the best services to its customers (readiness included as a factor) the following applies:” on page 39 of solicitation attachment 1.

7. V. Transportation, kindly clarify why Prime Vendor is responsible for arranging return of Empty container as Prime Vendor will off load the container while it is on the truck. It is our understanding that the return of empty containers be part of the same transportation firm responsibility, as this would provide better value for money to the USG. A. As the Government reserves the right to use the system that provides the best service to its customers (readiness included as a factor the following applies; (7).

DLA Troop Support Response: The referenced statement on page 41, paragraph 7 of solicitation attachment 1; i.e. “The Prime Vendor will be responsible for any detention charges and arranging the return of empty containers to the designated ocean carrier, but will not be responsible for return drayage.” refers to containers that are delivered to the Prime Vendor’s CONUS facility for loading, not off-loading at the OCONUS facility.

8. V. Transportation, kindly clarify when detention is charged to Prime Vendor if USG is responsible to deliver the containers to OCONUS and Prime Vendor is off Loading containers and containers leaving with the truck? A. As the Government reserves the right to use the system that provides the best service to its customers (readiness included as a factor the following applies; (7)

DLA Troop Support Response: Examples when detention may be charged to a Prime Vendor include, but are not limited to:

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• CONUS Example: Empty containers arrive at the Prime Vendor’s facility for loading and the Prime Vendor takes more than 4 hours to load or have scheduled for drayage to the port.

• OCONUS Example: Full containers cleared customs at the port and the Prime Vendor has not scheduled them for delivery to its facility.

9. V. Transportation, document states that the Prime Vendor will be responsible for arranging the return of the empty containers to the government designated ocean carrier. Kindly clarify and advise what is the permitted time between receiving a container and offloading a container until it is returned to the port? A. As the Government reserves the right to use the system that provides the best service to its customers (readiness included as a factor the following applies; (7)

DLA Troop Support Response: Applicable detention rates will be defined in the carrier’s USTRANSCOM contract. The Prime Vendor will be responsible for paying detention charges directly to the carrier. See Section I, paragraph 6 above.

10. V. Transportation, in the event of a container having temperature malfunctioning, or a seal mismatch, or evidence of tampering; who will bear any related charges? Kindly clarify and amend. A.

As the Government reserves the right to use the system that provides the best service to its customers (readiness included as a factor the following applies; (7).

DLA Troop Support Response: Reference solicitation attachment 1, page 42, paragraph B (1), “Although these carriers are responsible for any loss or damage to the products they transport, such responsibility or liability may be limited by the terms of the applicable USTRANSCOM contract, as well as maritime law, customs, and practices, e.g., Carriage of Goods by Sea (COGSA) limitations 46 U.S. App. § 1300 et. seq.; Force Majeure; Carmack Amendment 49 USC § 14706; etc. It is therefore, highly recommended that the offeror, prior to submitted an offer, review the current USTRANSCOM carrier contract(s).” Also, reference solicitation attachment 1, page 43, paragraph B(4), “the Government is not responsible or liable for any loss or damage to the Prime Vendor's products shipped through the DTS. Any such losses or problems can be mitigated by establishing a good working relationship with the carriers, being familiar with the terms and conditions of the USTRANSCOM contract, and obtaining maritime insurance for the products shipped.”

11. V. Transportation, it is our understanding that it should be USTRANSCOM's responsibility to have in place contracts with full liability on the shipping line in the event of loss or damage to goods during point-to-point delivery. In the event of no liability by the shipping line, who will compensate Prime Vendor? A. As the Government reserves the right to use the system that provides the best service to its customers (readiness included as a factor the following applies; (8)

DLA Troop Support Response: As referenced in the response to the above question, USTRANSCOM’s liability may be limited. The Prime Vendor carries the burden for the limitations of USTRANSCOM’s liability and is compensated via its fixed prime vendor distribution prices, which include risk of loss. As stated in solicitation attachment 1, page 43, paragraph B(4), “the Government is not responsible or liable for any loss or damage to the Prime Vendor's products shipped through the DTS. Any such losses or problems can be mitigated by establishing a good working relationship with the carriers, being familiar with

SPE300-15-R-0042 Amendment 0004 – Attachment 1 Page 18 of 47 the terms and conditions of the USTRANSCOM contract, and obtaining maritime insurance for the products shipped.”

12. V. Transportation, kindly advise if the USG is exempt from any customs charges for any products entering into Iraq and Jordan from Kuwait under this proposed contract? C. Customs.

DLA Troop Support Response: The U.S. Government is generally exempt from customs charges for products entering into Iraq and Jordan from Kuwait, however, the Prime Vendor is responsible for determining any applicable customs charges with respect to its specific method of performance. Such costs should be taken into consideration when proposing fixed Distribution Prices.

13. V. Transportation, Prime Vendor is required to only employ personnel who are able to speak, read, write and understand the English language, may it not be pertinent that seeing the whole of the Prime Vendor contract covers Arabic speaking countries, that the language requirement is extended to make Arabic language a requirement too for the purpose of security, ease of movement in an Arabic speaking theater of operation? Kindly advice. H. Private Convoy Security in Iraq; 10. Personnel; (iv) Language Requirement.

DLA Troop Support Response: The English requirement is misstated in your question.

Clarification is provided as follows: The Prime Vendor is required to employ only persons able to speak, read, write and understand English for those positions requiring them to interact with clients and other U.S. Government personnel, and/or where English is used or essential to provide product, or record data, information or service.

14. V. Transportation, kindly confirm the requirement that Prime Vendor is to supply NTVs to USG, the quantities, specifications, location of delivery, delivery timelines, etc. H. Private Convoy Security in Iraq; 16. General Contractor Furnished Items and Services; (v.) Non-Tactical Vehicles (NTVs)

DLA Troop Support Response: The Prime Vendor is required to furnish all NTVs required to perform this requirement. The Prime Vendor shall determine NTV quantities necessary to fulfill the requirements of this solicitation. The Prime vendor is not required to supply NTVs to the United States Government.

15. V. Transportation, kindly confirm the requirement that Prime Vendor is to supply LAVs to USG, the quantities, specifications, location of delivery,…