SPE300-17-R-0016_NE,_SE-NA,_WA_Amendment_0004.pdf

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

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

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

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

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

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

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

NUMBER IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

SPE300-17-R-0016 Subsistence Prime Vendor Northern Europe, Southern Europe/North Africa & Western Africa

Amendment 0004

1. The following paragraph I. Introduction is replaced with the following:

The Government intends to make one award per zone. While awards will be made per Zone, to be considered for award, offerors must submit a Technical and Price Proposal for each of the four (4) Zones.

Offerors must submit Pricing Proposals for ALL Pricing Tabs as follows:

Zone 1: Market Basket (LMR and Without LMR) Distro Cat Wrksht (LMR and Without LMR)

Zone 2: Market Basket (LMR and Without LMR) Distro Cat Wrksht (LMR and Without LMR)

Zone 3: Market Basket (LMR) Distro Cat Wrksht (LMR)

Zone 4: Market Basket (LMR and WO LMR) Distro Cat Wrksht (LMR and WO LMR) Distro Cat Wrksht LIFR (LMR and WO LMR)

The Market Basket (LMR) Tabs for each Zone must be populated by the Offeror. The product prices for the Without / WO LMR Tabs will be automatically populated from the LMR Tab.

Failure to submit a Technical Proposal on ALL Zones and Pricing Proposals as outlined above, will eliminate the Offeror from consideration for this acquisition. For Zone 4, the Government reserves the right to make the award with or without Line Item Fill Rate (LIFR).

The Government also reserves the right to make the award(s) with or without Local Market Ready (LMR) items. Contingent proposals will not be accepted, proposals that are contingent upon receiving more than one Zone, i.e., if Zone 1 and Zone 3 are awarded, offered pricing is X) are not acceptable and will not be considered for award. The contract shall be for a term of 60 months, with three separate pricing tiers. The first tier shall be for a 24-month period (inclusive of up to 105-day ramp-up period). The second tier shall be an 18-month performance period immediately following the first tier. The third and final tier will be an additional 18-month performance period directly following the second tier. The price for all aspects of performance detailed in the Statement of Work (“SOW”) below must be included in the offeror’s fixed Distribution Price(s). Offeror’s are reminded that fixed price type contracts place the maximum risk and responsibility for all costs, and resulting profit or loss, on the contractor. Distribution Price(s) will remain fixed for the life of the contract and an offeror’s failure to consider the full cost of performance and/or the risks of performing in this region will not serve as a basis to adjust Distribution Price(s). As detailed below, Product Price(s) are distinct from the aforementioned Distribution Price(s) and therefore should not be included in any way in the latter.

2. The Quote Validity date on ALL Pricing Spreadsheets for All Zones should read November 29, 2016.

3. The following is added to the VI. International Agreements, Workers Compensation Insurance and Interpretations/Translations, Paragraph C. Interpretations/Translations:

5. Documents not in English, i.e. foreign manufacturer/suppliers quotes/invoices, customs documents, etc…must be accompanied by a copy translated into English and documents not denominated in American dollars will include a copy converted to American dollars at the exchange rate specified using the FX Converter on the OANDA Currency Site (http://www.oanda.com) as of the close of business on the effective date of the document.

4. The second paragraph of Solicitation Provisions; Addendum to ADDENDUM TO FAR 52.212-1 – Instructions to Offerors – Commercial Items, Paragraph 6 (b)(iv):

The written technical proposal must demonstrate the offeror’s ability to meet the Government’s requirements as set forth in the solicitation. 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 render the proposal unacceptable.

Amendment 0004

5. The second paragraph of Solicitation Provisions; Addendum to ADDENDUM TO FAR 52.212-1 – Instructions to Offerors – Commercial Items, Paragraph (d). Submission Requirement – Technical Proposal – Volume II; Section A – Technical Factors; Factor I Warehouse Location and Capacity, the Note is revised below:

NOTE: No change in the places(s) of performance shall be permitted between the closing date of the solicitation and the award date. Any change in the place(s) of performance cited in this offer and in any resulting contract is prohibited unless it is specifically approved in advance by the Contracting Officer at no additional charge to the Government. No longer using, possessing, or having access to an offered facility, as described in an offeror’s proposal, may result in an offeror’s proposal being considered unacceptable. Prior to award, the Government may verify the offeror’s proposal information as it pertains to Place(s) of Performance.

6. IV. Product Sourcing and Pricing; C. Domestic Item Preference, Paragraph 4.is replaced by the following:

In some instances, the Contracting Officer may direct the Prime Vendor to source a domestic equivalent item locally at no additional cost to the Government. In this case, the associated OCONUS Distribution Price Category 6, N6, 7, N7, 8, N8, 9, N9, 10, N10 or 11, N11 shall be utilized.

7. IV. Product Sourcing and Pricing; O. Disposal of Products, Paragraph 3, is revised to include (Distribution Category 12 and N12) in the first sentence.

8. IV. Product Sourcing and Pricing, V. Transportation, Paragraph 8, Western Europe is changed to Western Africa.

9. V. Transportation, Paragraph J. Direct Vendor Deliveries within Northern Europe, Southern Europe/North Africa and Western Africa, Paragraph 3 is replaced by the following:

Distribution Price Categories, 6, N6, 7, N7, 8, N8, 9, N9, 10, N10, 11, N11, 21 and N21 are subject to this pricing and possibly Distribution Price Categories 18, N18, 19, N19, 20 and N20 depending on the area. This reduction will be accomplished by reducing the existing Distribution Price Category by 50% and submitting 832 Catalog Price Changes that reflect the reduced price. It will be the Prime Vendor’s responsibility to notify the Contracting Officer if the subcontractor changes and is no longer a direct delivery.

10. XV. Contract Authority, Administration, In-Process Reviews, Invoices, Payments, Reports, and Prime Vendor 832 Catalogs; F. Invoicing; Paragraph 2(i) and (ii) are replaced by the following:

i. In regard to distribution categories 1-11, N1-N11, 1A-5A, N1A-N5A, 18-21, N18-N21, 24-25 and N24-N25 the product price, plus the distribution price will be established as a prime vendor catalog unit price for food and non-food orders submitted by the customer via STORES. In regard to distribution categories 12-17 and N12-N17, which do not have associated product prices, the distribution price will be established as a prime vendor catalog unit price for food and non-food orders submitted by the customer via STORES. Any applicable distribution prices must be identified on the catalog to be utilized by DLA Troop Support to generate additional Purchase Order via STORES for all non-standard payments on an as needed basis. The process for ordering, receipting, invoicing, billing, and payment is completely electronic via STORES and Enterprise Business System (EBS).

ii. In regard to distribution categories 12-13 and N12-N13, which do not have associated product prices, the distribution price will be established as a prime vendor’s catalog unit price. In regard to distribution category 12 and N12 disposal, in addition to the cost of the actual disposal, if the Contracting Officer has indicated that the Government will pay the product price for the product being disposed of, a separate paper invoice must be submitted by the Prime Vendor for Contracting Officer approval. The Contracting Officer will provide detailed instructions for this process on a case by case basis. In regard to distribution category 13 and N13, all charges associated with Restocking Fees must be submitted on a separate paper invoice by the Prime Vendor for Contracting Officer approval.

11. Addendum to ADDENDUM TO FAR 52.212-1 – Instructions to Offerors – Commercial Items, Paragraph (d). Submission Requirement – Business Proposal/Pricing Component II Weighted Aggregate Product Price; Notes: i. and vi. are replaced by the following:

Amendment 0004

i. The solicitation attachment 1 Pricing Spreadsheet consists of multiple tabs; Zone 1 six (6); Zone 2 six (6), Zone 3, four (4) and Zone 4 (8) tabs. All Zones have four (4) Core Tabs: “Totals,” “Distribution Category Worksheet (LMR),” “Market Basket (LMR),” “Current Cataloged Items”. Zone 1 and 2 have two (2) additional tabs and Zone 4 has four (4) additional tabs. See Pricing Spreadsheet for description of the additional tabs Three of the four Core Tabs are designed for the submission of all product and distribution prices. Zones 1, 2 and 4 have additional Distribution Category Worksheet and Market Basket tabs that are also designed for submission of all product and distribution prices. It is mandatory that all contractors submit product prices and distribution prices in this format. Failure to submit the product and distribution prices using Attachments 1, 2, 3 and 4, tabs Totals, Distribution Category Worksheet, and Market Basket may result in the rejection of the contractor’s entire proposal.

vi. Elements 1, 2, and 3 below must be in writing using attachments 1, 2, 3 and 4, tabs Totals, Distribution Category Worksheet, and Market Basket. Two written copies of the Pricing Spreadsheet and one electronic copy of the Pricing Spreadsheet on a CD must be submitted. Please use an Anti- Virus utility to ensure that your CD is virus free before submitting. The information and formulas provided on the attachment 1 Pricing Spreadsheet, all tabs, are locked and may not be altered. Offerors are required to complete the cells that are highlighted in yellow.

12. Addendum to ADDENDUM TO FAR 52.212-1 – Instructions to Offerors – Commercial Items, Paragraph (d). Submission Requirement Element 2 - Category/Distribution Prices using attachment 1 thru 4, tab “Distribution Category Worksheet; Paragraph 1 and 2 are replaced by the following:

The distribution price categories to be used on this solicitation are listed on Attachments 1, 2, 3 and 4, tab Distribution Category Worksheet. The Distribution Prices must be offered as a dollar amount.

Distribution Prices offered as a percentage are not acceptable. Prices must not extend more than two

(2) places to the right of the decimal point. Pricing for all tiers shall be provided for the Distribution Price portion of the Contract Unit Price only. Acceptance of all tiers is mandatory, and if an offeror does not submit, the offeror’s proposal may be rejected. The awarded Distribution Prices shall remain fixed for each applicable contract ordering period and shall be the same price for all customers.

The pricing scheme utilizes a total of 36 item distribution categories (categories 1-31, N1-N31 and sub-categories 1A-5A and N1A-N5A). Sub-categories were established to be utilized in combination with Product Price Exceptions, see DLAD 52.216-9065 (b)(3)(i) – (B), (C), (D), and (E), as described in element 3 below, to prevent overstated unit price charges. The same distribution cost that is included in an individual items product price because it is identified as an exception shall not be included in that individual items distribution price. Therefore, all sub-category distribution prices (1A-5A and N1A-N5A) shall be lower than their corresponding category distribution prices (1-5 and N1-N5). Categories 12- 17, N12-N17, 22, N22, 23, N23, 26-31 and N26-N31, do not have associated item product prices. The estimated annual quantities associated with Categories 12-17, N12-17, 22, N22, 23, N23, 26-31 and N26-N31 are identified on the distribution category worksheet in Column E.

13. VIII. Security Measures / Force Protection, Theater Support & Contingency Operations; A. Security Measures / Force Protection; Paragraph 9 is added as follows:

9. Cybersecurity Requirements:

A. Incident Reporting: In addition to adhering to the reporting requirements as outlined in DFARS clause 252.204-7012, when the contractor discovers a cyber-incident that affects covered defense information or the contractor’s ability to meet the requirements of the contract, the contractor will:

1. Provide the results of any reviews conducted for evidence of compromise of covered defense information or that affect the Contractor’s ability to provide operationally critical support; including, but not limited to, identifying compromised computers, servers, specific data, and user accounts.

2. Rapidly report the incident(s) to the applicable Contracting Officer and the DLA Cyber Resilience Program Office (the point of contact information will be provided at the time of contract award).

3. Preserve and protect relevant artifacts (e.g., configurations, audit logs, packets, etc.) for at least 90 days from the submission of the cyber-incident report so that if it is deemed necessary, DLA’s Cyber Resilience Program Office or Cyber Emergency Response Team may request access to this the artifacts.

Amendment 0004

4. Provided, upon request, by the Contracting Officer on behalf of the DLA Cyber Emergency Response Team, access to additional information (to include damage assessment information gathered, etc…) or equipment that is necessary to conduct a forensic analysis related to an identified incident.

B. Independent Verification and Validation: In addition to adhering to the cybersecurity requirements as outlined in DFARS clause 252.204-7012, specifically the derived requirements in NIST SP 800-171, as it relates to “security and risk assessments”, the contractor will:

1. Upon request, provide the Contracting Officer and the DLA Cyber Resilience Program Office a copy of the most current plan of action to mitigate or correct identified weaknesses and vulnerabilities within information system(s) owned and operated by the contractor, which enables the contractor’s ability to meet the requirements/deliverables outlined within the solicitation.

2. Allow DLA’s Cyber Assessment Team or a 3rd Party Assessor (DLA will be privy to all the standards and requirements of the 3rd Party Assessor prior to agreeing to this) to perform a security assessment (Blue Team review, penetration test, etc.) of the information systems owned and operated by the contractor. This will be a measured assessment with pre-defined IP address ranges identified up front and will include technical and operational reviews designed to test the rigor of all required security controls implemented.

a. If this assessment is to be performed by DLA’s Cyber Assessment Team, the rules of engagement that will govern this action will be provided to the contractor within 90 days of the actual engagement.

C. Other Safeguarding or Reporting Requirements: The cybersecurity requirements identified for this solicitation and resultant contract(s) in no way abrogates the contractor’s responsibility for other safeguarding or cybersecurity related reporting, etc, as it pertains to its covered information systems as required by other applicable clauses within this contract, or as a result of other applicable U.S.

Government statutory or regulatory requirements.

D. Subcontracts: The contractor shall include all the cybersecurity requirements detailed above in all subcontracts and agreements with applicable third parties.

14. Addendum to ADDENDUM TO FAR 52.212-1 – Instructions to Offerors – Commercial Items, Paragraph (d). Submission Requirement Element 3 – Item/Product Prices, using attachments 1 thru 4, tab Market Basket and a supporting word document, which confirms the item description quoted; Paragraph 4, the word “rice” is replaced with “price”.

15. Addendum to ADDENDUM TO FAR 52.212-2 – Evaluation – Commercial Items, Paragraph 2, Component I. Aggregate Distribution Price is replaced by the following:

Component I, Aggregate Distribution Price, is calculated by multiplying each distribution price by its respective estimated quantity for each tiered pricing period and totaling the results. This calculation is performed for all items in the selected Market Basket and for Distribution categories 12-17, N12-N17, 26-31 and N26-N31, which do not have associated item product prices. The items identified in the Market Basket cover all Distribution Price Categories except Distribution Categories 12-17, N12-N17, 26-31 and N26-N31 which are represented in the Distro Cat Worksheet tab of the Pricing Spreadsheets.

16. Addendum to ADDENDUM TO FAR 52.212-2 – Evaluation – Commercial Items, Paragraph 2, Component II. Weighted Aggregate Product Price is replaced by the following:

The Aggregate Distribution Price (Component 1) is more important than Aggregate Product Prices (Component II) since distribution prices are fixed throughout the life of the contract. Therefore, it is considered more important than Product Prices that may be adjusted throughout the life of the contract, in accordance with economic price adjustment provisions. Thus, for evaluation purposes only, the aggregate product price, is reduced, or weighted, as stated in discussion of Component II above. The aggregate distribution and weighted aggregate product prices will be added to obtain a total evaluated price. This evaluated price will be used to determine the lowest overall cost to the Government, and will be used for evaluation purposes only, meaning that the evaluated price of an item may not be the same as the price the item would be cataloged after award. Even though aggregate prices will be used as the evaluation components for the Business Proposals, individual product prices will be evaluated

Amendment 0004 and individual outliers will be identified and reviewed to determine if offered prices are reasonable. The information requested on Attachments 1, 2, 3 and 4 will be evaluated using price analysis techniques.

Attachments 1, 2, 3 and 4 Market Baskets was established to be used in the evaluation process.

Offerors are required to submit a quote for every item included within the Market Basket. After award, quotes for all required items will be reviewed for authenticity, accuracy, and price reasonableness prior to inclusion of the item in the catalog.

17. XI. MARKINGS; Paragraph C: Case Marking/Labeling – Customers OTHER THAN THE NAVY is revised to include Stock Number.

18. Clause 52.216-19 - Order Limitations (Oct 1995) FAR is removed from 52.252-2 Clauses Incorporated by reference (Feb 1998) and added in full text as follows:

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than ______n/a_______, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of ______n/a_______;

(2) Any order for a combination of items in excess of ______n/a________; or

(3) A series of orders from the same ordering office within ______n/a_____ days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within __n/a___ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

19. SF1449, Block 9, the Note is changed to read: Note: As directed by the Contracting Officer, facsimile and e-mail may be used during discussions/negotiations, if discussions/negotiations are held, for proposal revision(s), including Final Proposal revision(s).

20. ADDENDUM TO FAR 52.212-1 – Instructions to Offerors – Commercial Items is changed as follows:

Paragraph (b), Submission of offers.

___ Facsimile offers are NOT authorized for this solicitation.

_X_ Facsimile and E-mail Offers are not acceptable forms of transmission for submission of initial proposals or revisions to initial proposals submitted in response to this solicitation. As directed by the Contracting Officer, facsimile and e-mail may be used during discussions/negotiations, if discussions/negotiations are held, for proposal revision(s), including Final Proposal revision(s).

21. XIV. Delivery, Title, Orders, and Order Fill Rates; B. Remote Locations; the following countries are added as remote locations. Offerors must propose lead times for these remote locations, failure to do so will mean the offeror will comply with the lead-times in the Customer Deliveries section of the solicitation.

Zone 1 – Northern Europe:

REMOTE LOCATION NUMBER OF DAYS LEADTIME REQUIRED

Belarus Corsica Estonia

Amendment 0004

REMOTE LOCATION NUMBER OF DAYS LEADTIME REQUIRED

Iceland Latvia Lithuania Ukraine

Zone 2 – Southern Europe/North Africa

REMOTE LOCATION NUMBER OF DAYS LEADTIME REQUIRED

Armenia Azerbaijan Cyprus Georgia Israel Lebanon Madeira Malta Moldova Portugal Syria

Zone 3 – Western Africa

REMOTE LOCATION NUMBER OF DAYS LEADTIME REQUIRED

Sao Tome and Principe Sierra Leone Togo

TINA FREDERICO

Directorate of Subsistence 700 Robbins Avenue Philadelphia, PA 19111-5096 POC: Megan C. Hawk 215-737-2413