Z1_-_MA_TLS_SOW_NextGen_MRO_Africa_-Final_for_Posting.pdf

STATEMENT OF WORK

AFRICA ZONE 1 – SUB-SAHARAN AFRICA (MULTIPLE AWARD)

1.0 Scope

1.1 The Contractor shall assume logistical responsibility for providing maintenance, repair, and operations (MRO) supplies to the AFRICOM Zone 1 Area of Responsibility (AOR). MRO products include all commercial items associated with the maintenance, repair, and operation of a facility to include, but not limited to: Heating, Ventilation, and Air Conditioning (HVAC) supplies; plumbing supplies (including bath and shower items and ablution units); electrical products (including generators, wire, connectors, sockets, outlets, lights, etc.); various kinds of tools; chemical, lubricating, and rubber products; construction supplies (including, but not limited to, cement, lumber and plywood, bricks, blocks, steel, aluminum, and other metal products, conduits, prefabricated structures (to include re-locatable buildings, and prefabricated buildings complete with furnishings, appliances, etc.); utility vehicles; perimeter security items such as barriers, barbed wire, concertina wire, and sand bags (also used for erosion prevention); communication devices (such as walkie-talkies, two-way radios, etc. used by the maintenance personnel); and various other commercial supplies and related incidental services (as defined in Section 1.2 of the Statement of Work) used in support of facility maintenance and/or operations.

This contract is a tailored logistics support (TLS) contract. “Tailored Logistics Support (TLS) Contract” means an acquisition that supports a broad range of logistics functions. The Government shall not exercise any supervision or control over the contract service providers performing the services herein.

Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the requirements of this Statement of Work. The Contractor shall perform to the standards in this contract.

1.1.1 Included within the range of items included in the scope of the contract are those items that might not routinely be used in the MRO arena, but, for reasons within the discretion within the discretion of the Contracting Officer, have been determined acceptable to meet the ordering activity’s MRO requirements. The Contractor shall obtain a scope determination from the Contracting Officer when uncertain as to whether an item is within the scope of the contract.

1.1.2 The Contractor shall ensure that all items provided under the contract conform to commercial specifications.

1.1.3 The Contractor may provide a substitute, brand name or equal, or a generic version of a specified product only with prior permission from both the ordering activity and the Contracting Officer. If the ordering activity does not approve the deviation, the order shall be cancelled at no cost to the Government.

1.2 Incidental Services. Incidental services are standard commercial services that the Contractor may be asked to provide in connection with supplying items under the scope of the contract (an example of an incidental service may be requiring installation when an HVAC system is purchased under the contract).

Whether a service is considered “incidental” or not will be determined by the Contracting Officer prior to the Contractor providing a quote to the ordering activity. Generally, incidental services are not to exceed 25% of the value of the order without additional supporting documentation. For all incidental services, the Contractor shall submit the proposed statement of work to the Contracting Officer for a scope determination at the time the service is requested from the ordering activity.

1.3 Region and Zoning. The Contractor shall assume responsibility for providing TLS to customers in the Africa Zone 1 AOR, where “customer” refers to ordering activities, Government end-users, etc. Africa Zone 1 consists of countries in Western Africa. The chart below identifies the countries supported under Africa Zone 1 – Sub-Saharan Africa:

Figure 1: Zoning for Africa Zone 1 – Sub-Saharan Africa Sub-Saharan Africa

Zone 1 Angola Madagascar Benin Malawi Botswana Mali Burkina Faso Mauritania Cameroon Mauritius Cape Verde Mozambique Chad Namibia Comoros Niger Côte d’Ivoire Nigeria Democratic Republic of the Congo Republic of the Congo Equatorial Guinea Sao Tome and Principe Gabon Senegal The Gambia Seychelles Ghana Sierra Leone Guinea South Africa Guinea-Bissau Togo Lesotho Zambia Liberia Zimbabwe

2. Ordering Activities:

During the term of this contract the Government reserves the right to add or delete ordering activities. The Contractor shall support an ordering activity unless otherwise directed by the Contracting Officer.

3.0 Program Marketing

Subject to MRO Program Manager approval, the Contractor may market the program to eligible installations in the awarded Zone. The Contractor may also be requested to travel as part of the Government’s marketing efforts. Travel shall be at the Contractor’s expense.

The Contractor may develop, publish, and distribute publications and/or marketing materials for the MRO program, subject to the approval of the Contracting Officer. The Contractor shall not use or otherwise display the Defense Logistics Agency logo (or that of any of its Major Subordinate Commands) on any of its company paraphernalia (i.e. – business cards, clothing, coffee mugs, etc.) without prior authorization from the Contracting Officer.

4.0 Customer Suppport:

4.1 Contractor Personnel.

4.1.1 Contractor personnel assigned to the day-to-day management of the contract shall have education, experience, and qualifications commensurate with responsibilities (e.g. Purchasing Agents/Buyers shall have relevant acquisition experience and qualifications; Expediters shall have relevant logistics, construction, and/or project management experience and qualifications). The Contractor shall provide a managerial point of contact (POC) for the Government. The managerial POC must be part of the Contractor’s management chain with the authority to make decisions on behalf of the Contractor.

4.1.2 The Contractor shall have personnel with experience and technical expertise with construction-type materials in order to provide technical assistance when requested by the ordering activity. The Contractor shall provide project planning and/or ordering assistance to requiring activities upon request.

4.2 Customer Support Services

4.2.1 Availability. At a minimum, the Contractor shall provide a toll-free phone number and a dedicated e-mail address for customer support. The Contractor shall be available to provide customer support (via telephone and e-mail) Monday through Friday between the hours of 9:00 AM and 5:00 PM, Eastern Africa Time (GMT+3). Customer support includes, but is not limited to: order tracking, problem resolution (corrective actions taken in response to customer complaints), and technical support (providing advice and information on products). The Contractor shall respond to customer support inquiries within 24 hours of receipt.

4.2.2 Ordering. The Contractor shall have the ability to receive orders directly from the ordering activity.

At a minimum, the Contractor shall provide phone, e-mail, and an eCommerce approach for receiving orders. The Contractor shall have the ability to modify and cancel orders via each of these methods. The Contractor shall provide training on how to place orders and use its purchasing system upon request.

• The Contractor shall ensure that ordering activities have a valid DoDAAC.

• Prices quoted to the customer shall be a fully burdened Unit Price. The fully Burdened Unit Price shall consist of the unburdened unit price (the unit price paid by the Contractor to its supplier), an allocation of the Contractor’s Management Fee, and the DLA Troop Support Europe & Africa Cost Recovery Rate (CRR). DLA Troop Support Europe & Africa will provide the Contractor with the CRR. The CRR is subject to change annually at the beginning of the Government’s fiscal year (October 1st). The Contractor will be informed at least one business day prior to any changes in CRR over the term of the contract.

• Transportation costs shall be quoted as a separate line item.

• The Contractor shall be responsible for ensuring funds and funding expiration dates are not exceeded.

• The Contractor shall assign a unique delivery order number for each order placed. Each delivery order shall contain 26 characters consisting of a 13-character basic contract number, (e.g.

SPE5B117DBP01), followed by a 13-character delivery order number, (e.g. SPE8E318F0003).

The contract number shall remain fixed for the term of the contract and will be assigned by DLA Troop Support Europe & Africa. A range of delivery order numbers for the Contractor to use will be assigned by DLA Troop Support.

4.2.3 Order Status. At a minimum, the Contractor shall have the ability to provide order status to the customer via phone, email, and eCommerce approaches. The Contractor’s system shall allow for order and material tracking within 24 hours of request to support problem resolution. At a minimum, the Contractor shall have the ability to provide the customer information concerning the delivery order number, MILSTRIP number or MIPR Number, MIPR Code, ship date, item description(s), required date, expected ship date, carrier name, bill of lading number, order originator, and the overall status of the order.

4.3 Escalation. The Contractor shall provide a point of contact (e-mail address and phone number) for customers to use in order to escalate customer support issues. The contractor representative assigned must be part of the management chain with the authority to make decisions on behalf of the Contractor.

4.4 Meetings. The Contractor may be requested to participate in customer service visits or meetings at the ordering activity’s request. The Contractor may be required to have customer service visits or meetings at an ordering activity at the discretion of the Contracting Officer, or during In-Process Reviews (IPRs).

Travel shall be at the Contractor’s expense.

6.0 Order Processing and Information Technology (IT) Requirements

6.1 General. At a minimum, the Contractor shall provide and maintain:

a. A dedicated e-mail address for receipt of Requests for Quotes (RFQs) for MRO delivery orders competed under the contract.

b. EDI capabilities to transmit customer order information to DLA Troop Support Europe & Africa and for invoicing to DFAS.

c. A Value Added Network (VAN) capable of facilitating EDI transaction exchange. The Contractor is responsible for obtaining and maintaining a VAN for the term of the contract. The cost of the VAN will be borne entirely by the Contractor.

d. The Contractor shall be able to send an ANSI X12 Invoice (810) transaction set as of the date of award, and shall establish an EDI Trading Partnership with the payment office prior to submitting electronic invoices.

e. A delimited ASCI II text file with line item usage data.

6.1.1 At a minimum, the Contractor shall be able to support the following American National Standards Institute (ANSI) X12 transaction sets:

1. 810 Invoice

2. 855 Purchase Order Acknowledgment

3. 856 Advanced Shipping Notice

4. 864 Text Message

5. 865 Purchase Order Change

6.2 Fair Opportunity. All orders shall be competed in accordance with the Fair Opportunity Requirements of FAR 16.505(b), except for orders that meet the conditions of FAR 16.505(b)(2).

Award may be made on a line by line basis or a total order basis. The Contractor is expected to submit a quote for a minimum of 90% of all line items on received Requests for Quote (RFQs).

Each RFQ will clearly state the basis for award and how the offers will be evaluated. Questions regarding an RFQ shall be submitted to the Contracting Officer and Contract Specialist.

6.3 Order Processing.

6.3.1 Approved customer requirements are loaded into a standardized pricing worksheet (Attachment X) and forwarded via email to the Contractor. The Contractor shall complete the information identified in the spreadsheet fields (Attachment X).

The Contractor shall submit the completed pricing worksheet (Attachment X) to the Contracting Officer and Contract Specialist via e-mail. For applicable line items, the Contracting Officer shall review the Price Evaluation List (PEL) to confirm that prices offered under an individual RFQ do not exceed PEL Ceiling prices. The Government intends to use Bidwiser, a DLA Troop Support Bid Processing Program, to issue RFQs for individual delivery orders and to evaluate the offers received. Quotes received no later than the designated RFQ closing date and time are loaded into Bidwiser. Each RFQ shall clearly state the closing date and time.

The Contracting Officer shall select the awardee(s) based upon a best value determination. The Best Value determination shall be based on Trade-Off procedures, Lowest Price Technically Acceptable procedures, or other procedures, as specified in the RFQ. The Best Value award decision factors normally include price and delivery; however, other factors such as local material sourcing (e.g., products produced or manufactured in TAA, Qualifying, and/or Designated countries in the Africa Zone 1 region) may be included, as stated in the RFQ. Awards may be made on a line by line basis or on a total order basis. As stated above, each RFQ shall clearly state the basis for award and how offers will be evaluated.

6.3.1.1 Third-Party Integrators. For any RFQ for which the Contractor submits quotes from third-party logistics integrators, the Contractor must provide those integrators’ source(s) of supply. Should the required source information not be supplied, Contracting Officers shall not approve the award of any delivery order on the basis of a quote submitted from a third-party logistics integrator.

6.3.1.2 Brand-Name or Equal. When an RFQ describes the Government’s requirements for an item unique to one manufacturer (e.g., a particular brand-name, product, or a feature of a product that is unique to one manufacturer), offers of alternate or substitute items will be considered by the Government, unless the RFQ expressly states that only the item unique to one manufacturer will be considered. If proposing an alternate item, the Contractor shall furnish, with its offer, legible copies of all drawings, specifications, or other data necessary to clearly describe the characteristics and features of the alternate product being offered. Data submitted shall cover design, materials, performance, function, interchangeability, inspection and/or testing criteria, and other characteristics of the offered product. In addition, the Contractor shall furnish drawings and other data covering the design, materials, etc. of the exact product cited in the RFQ, along with a cross reference list comparing the features and capabilities of the alternate item offered to the exact item listed on the RFQ sufficient to enable the Government to determine whether the Contractor's product is equal to the product cited in the RFQ. Failure to provide a complete technical data package sufficient to establish that the alternate item is an acceptable substitute to the item requested shall be grounds to exclude the alternate item from consideration.

In the event that an RFQ describes the Government’s requirements for an item peculiar to one manufacturer and expressly states that only that item will be considered, the Government will follow the procedures contained in FAR 16.505 concerning the justification, documentation and approval for an item unique to one manufacturer.

6.3.1.3 Alternate Items. In the event that an offer for an alternate item is received in accordance with the terms of the contract, the Government shall review the alternate item for acceptability. If the Government determines that the alternate item offered will meet its requirements, the Government may award based on the alternate item in lieu of the item originally requested, without further negotiations or amendments to the RFQ, if the alternate item offers the best value to the government based on the criteria stated in the relevant RFQ. If the Government determines that the alternate item will not meet its requirements, the Government will document why the alternate item fails to meet the Government’s needs and award the original items requested, or an otherwise acceptable alternate item, in accordance with the terms of the source selection process stated in the individual RFQ.

Should the Contractor have questions regarding a particular item, they may contact the Contracting Officer and Contract Specialist for clarification.

6.3.2 EDI Requirements. The following American National Standards Institute (ANSI) X12 EDI transactions will be required to be forwarded to DLA TROOP SUPPORT via the Defense Automatic Addressing System (DAAS):

855 Transaction. Upon email notification of the “Successful Offer”/award of a delivery order, the Contractor shall create and forward an 855 – Purchase Order Acknowledgement transaction within 2 working days of funding approval. This transaction shall include a separate line and line item number for each item/service being ordered under the delivery order.

856 Transaction. Upon shipment to the customer, contractors shall create and forward an 856 – Advanced Shipping Notice. The Contractor shall include the line item number of the item being shipped. Multiple 856 transactions per order are acceptable. The Contractor’s 856 transaction shall contain the Carrier Name and Carrier Assigned Package Identification Number (Tracking Number). These elements shall be present in the HL.REF Loop as follows:

1. HL.REF.REF01 = “08”

2. HL.REF.REFF02 = Carrier Tracking Number

3. HL.REF.REF03 = Carrier Name (Standard Carrier Alpha Code)

For shipments that do not utilize an independent transporter or where the independent transporter data is not available in the format stated above, the Contractor shall provide an electronic Proof of Delivery to the Next Generation Enterprise Linked Logistics Information Source (NGE) web based application. Examples of electronic Proof of Delivery format include PDF or image files with Delivery Signature Confirmation.

810 Transaction. After customer receipt, the Contractor shall forward an 810 – Invoice transaction. Invoicing shall be at the line item level. There shall be a corresponding invoice line for each line on the 855 once the line has been shipped. The Contractor shall maintain the same line item number used from the 855 on the 810. For example, if the item was listed as line item number 1 on the 855 - Purchase Order Transaction, then it shall be listed as line item number 1 on the 810 Invoice transaction. Failure to maintain consistency in line item numbering will result in payment issues.

865 Transaction. An 865 – Purchase Order Change shall not be initiated by the Contractor, without prior written approval from the contracting officer. Changes after award are addressed in Sections 5.3.3, Changes After Award, and 17.0, Contracting Officer Authority, of the Statement of Work. Once an order is invoiced, no changes are permissible.

Information regarding EDI, ANSI X12 transactions, and DLA transaction services approved VANs can be obtained from the DAAS web site by going to https://www.transactionservices.dla.mil/daashome/ edi-vanlist-dla.asp. Questions concerning electronic ordering should be directed to the appropriate procuring organization point of contact: DLA Troop Support, dlaedigroup@dla.mil.

6.3.3 Changes after Award. All changes after award require contracting officer approval.

(such quantity, price, delivery extensions, etc.) The Contractor shall submit changes requests via e-mail using the Vendor Change Request Form (Attachment X). Requests for price increases are subject to fair and reasonable price determination and must be approved by the contracting officer prior to the Contractor incurring costs, otherwise those costs are at the Contractor’s expense. Once an order is invoiced changes are not permissible.

6.3.4 Usage Data

Monthly Usage Data. Usage data reflects the Contractor’s line item sales data and is used to generate the Contractor’s performance metrics (ref. Section 8.0, Performance Standards). At a minimum, monthly usage data shall be made available to the Government (DLA Troop Support) within 15 days of the end of each calendar month, covering each ordering activity under the contract. Data shall be arrayed to provide Government access on a line-byline or delivery order basis. The required format for submission of this information is cited in Attachment __, Usage

Data Specification Requirements.

The Contractor shall have an Information Technology (IT) Point of Contact (POC) capable and authorized to resolve systems, software, and transmissions issues with the Government’s (DLA Troop Support) IT personnel.

The Contractor may be required to modify its systems and/or IT capabilities in order to accommodate and maintain compatibility with the Government’s IT systems. Such modifications are the sole responsibility of the Contractor and shall not be reimbursed by the Government.

6.0 Pricing

6.1 The acquisition price is defined as the actual invoice price of the product paid by the Contractor to its supplier for materials delivered. Acquisition prices for PEL items are ceiling prices. Acquisition unit prices for items on the Price Evaluation List (PEL) shall not exceed the ceiling prices for those items. In the event that the Contractor receives pricing for a PEL item that is lower than the ceiling price, the Contractor shall submit the lower, quoted price as the acquisition price. Unit prices for material shall not include any freight or incidental service charges. Transportation and incidental services shall be quoted as separate line items. All prices are subject to verification.

6.2 All orders will be competed and a fair and reasonable price determination will be made on each order/line item. All transportation services will be awarded on each delivery order using lowest price technically acceptable price analysis methods. Items where pricing cannot be determined fair and reasonable will not be approved by the Contracting Officer, and thus will not be ordered.

6.3 Applicable management fee will be added to the order total based on the awarded management fee tiers.

6.3 To the maximum extent possible, the contractor (s) must obtain quotes directly from the manufacturer of an item, thereby minimizing the use of third-party vendors.

7.0 Quality Control

7.1 The Contractor shall establish and maintain oversight procedures for organizing, processing and handling orders, managing deliveries, tracking performance metrics, and ensuring the timely processing of electronic invoices. At a minimum, the Contractor shall implement the following procedures:

a. Standard Operating Procedures (SOPs), available upon request from the Contracting Officer, that ensure the accuracy of documentation submitted to the Government and overall compliance with contractual requirements.

b. A documented source selection process, available upon request from the Contracting Officer, demonstrating promotion of competitive awards to responsible sources.

c. SOPs for identifying sourcing restriction issues (e.g. Berry Amendment, Trade

Agreements Act (TAA) compliance) or other potential violations BEFORE offers are submitted to DLA Troop Support Europe & Africa for review.

d. Procedures that ensure the post-award oversight and surveillance of orders, including subcontracted efforts, to ensure that all contractual requirements have been met.

8.0 Order Tracking and Status

At a minimum, the Contractor shall have the ability to provide order status to the customer via phone, email, and e-commerce approaches. The Contractor’s system shall allow for order and material tracking to support problem resolution within 24 hours of request. At a minimum, the Contractor shall have the ability to provide the customer information concerning the delivery order number, MILSTRIP number or MIPR Number, MIPR Code, ship date, item description(s), required date, expected ship date, carrier name, bill of lading number, order originator, and the overall status of the order.

9.0 Preservation, Packaging, and Marking

Unless otherwise specified, preservation, packaging, and packing shall be to a degree of protection to preclude damage to containers and/or the contents thereof under normal shipping conditions and handling which conform to normal commercial practices, and applicable carrier regulations involving shipment from the contractor to the receiving location. Commercial markings not interfering with the clarity or positioning of required markings on containers need not be obliterated.

Material requiring specialized packaging and marking shall be appropriately packaged and marked in accordance with industry standards.

10.0 Packing Lists

10.1 A packing list/slip shall be enclosed with each shipped order, containing the following information at a minimum: Contractor’s name, delivery order number, job order number, document number, MIPR number, date of order, itemized list of supplies included in the shipment, quantity ordered, quantity shipped, delivered unit price and the individual that placed the order. The product number used in the order and confirmation will be duplicated on the packing slip. The prices shown on the packing list/slip shall be identical to the order price.

To ensure that all receiving activities can properly identify items requiring special handling and/or storage, the contractor shall annotate its packing list with the following notation: “REQUIRES SPECIAL

HANDLING AND/OR STORAGE”.

10.2 Material Safety Data Sheets and Hazardous Material. The contractor will obtain Material Safety Data Sheets (MSDS) and Hazard Warning Labels (HWL) upon receipt of applicable items. The contractor will also be responsible for maintaining all MSDS and HWL received from suppliers on file. Hazardous Material includes any material defined as hazardous under Federal Standard 313. MSDS shall meet the requirements of 29 CFR 1910-1200 (g) and Fed-Std-313. The contractor will furnish the copies of all applicable MSDS to the ordering activities upon initial delivery of covered items. The Contractor shall also assure that all hazardous material is correctly labeled. The contractor will furnish copies of all MSDS obtained to the Contracting Officer upon request.

11.0 Purchasing System

11.1 The Contractor shall establish and maintain oversight procedures, to include an acceptable purchasing system for organizing quotes, processing and handling orders, managing deliveries, tracking performance metrics, and ensuring the timely processing of electronic invoices.

a. A “purchasing system” is defined as the Contractor’s system for purchasing and subcontracting, including the selection of contractors, analysis of quoted prices, negotiation of prices with contractors, placing and administering orders, and expediting delivery of materials.

b. An “acceptable purchasing system” means a purchasing system that includes the following elements:

1. Personnel assigned for providing quotes to customers and receipting orders.

2. Internal and management audits that ensure the integrity of the purchasing system.

3. Business alliances and contractual relationships that ensure the integrity of the contractor’s ability to provide the scope of products listed in the statement of work.

4. A comprehensive training program that addresses both initial and recurring training needs, as well as a corrective action plan for employees that violate the policies and procedures of the purchasing system.

5. Policies and procedures to ensure purchase orders and subcontracts contain the necessary flow down clauses, including terms and conditions required by the prime contract.

6. An organizational and administrative structure that ensures effective and efficient procurement of required quality materials/parts at the most economical cost from responsible/reliable sources.

7. Documented selection processes to ensure the supply chain consists of responsive and responsible sources.

8. Internal systemic checks that identify price increases, domestic sourcing issues, or other potential violations BEFORE the order is transmitted to DLA Troop Support.

9. Procedures that ensure the post-award oversight and surveillance of subcontracted effort to assure that all requirements are followed.

10. Price and cost analysis performed with every purchasing action.

11. Customer Order Tracking capability

12. Order Problem Resolution

13. Pre-priced catalogue (PEL) access

14. Automated order notifications

12.0 Delivery Requirements

12.1 The Contractor is responsible for the transport and delivery of items to any ordering activity in Africa Zone 1 (see Figure 1). The Required Delivery Date (RDD) shall be specified in each individual RFQ. RDD extensions after award require Contracting Officer approval (ref. Section

6.3.3 of the Statement of Work).

12.2 Consolidated Bill of Material (BOM). For specific projects/bills of material orders, the contractor shall consolidate and deliver all supplies at the time required by the ordering activity to the delivery point designated by the ordering activity. Failure to deliver the BOM in its entirety may result in refusal of the shipment at no additional cost to the Government.

The Contractor assumes responsibility for all export and import customs documentation required to transport material to in the countries supported in this Zone.

13.0 Warranties, Returns, Recalls, Restocking and Cancellations

13.1 Warranties. In addition to the warranties contained in FAR 52.212-4(o), Warranty, the Contractor shall provide at least the same warranty terms, including offers of extended warranties, offered to the general public in customary commercial practice for the items acquired under the contract.

13.2 Returns. The contractor shall accept returns and, if the ordering activity still requires the material, replace the items ordered under any of the following conditions:

a. Products were shipped in error;

b. Products were damaged in shipment;

c. Products arrived with concealed shipping damages; or

d. Products which are recalled, regardless of level of recall, except when the manufacturer’s policy states otherwise, in which case the manufacturer’s disposition instructions will be followed.

Repair or replacement of returned items shall be in accordance with FAR 52.212-4(a), Inspection/ Acceptance. If the ordering activity/customer does not need replacement of the returned products the Contractor shall notify the Contracting Officer. The Contracting Officer shall process a reimbursement action against the Contractor for the prompt return of any expended dollars back to the Government.

13.3 Recalls. In the event that an item is recalled by the Contractor, supplier, or manufacturer, the Contractor shall follow the procedures set forth below:

1. Immediately notify the following personnel:

a. Customers that have received the recalled product/item; and

b. The Contracting Officer.

2. Provide the following information to the Contracting Officer:

a. Reason for recall;

b. Description of product/item;

c. Quantity of product/item distributed;

d. List of customers that have received product/item; and

e. Name, phone number, and e-mail address of a Contractor POC responsible for resolving the recall (Recall Coordinator).

3. Upon notification that an item has been recalled, the Contractor shall either:

a. Accept Certificates of Destruction from the Government after the supplies have been properly disposed of;

b. Request return of the supplies, or

c. If supplies may be repaired on site without transporting them from their location, furnish all materials necessary to effect repairs. Replacement or reimbursement will be accomplished by the TLS Vendor immediately on receipt of Certificates of Destruction or returned supplies.

At the Contracting Officer’s discretion, the Contractor shall either reimburse the Government or repair/replace the recalled item. Replacement and/or repair costs for recalled items are at no cost to the Government and shall be borne by the Contractor. The rights and remedies of the Government provided in this clause are in addition to, and do not limit, any rights afforded to the Government by any warranty or other clause in the contract. The Contractor shall provide a Final Status Report of Recall to the Contracting Officer when completed.

13.4 Restocking Fees. The contractor may assess a restocking fee to the customer under the following conditions:

a. Orders are canceled while deliveries are in route;

b. Orders are refused at time of delivery without providing 48 hours’ notice to the contractor prior to refusal; or

c. Ordered quantities returned to the contractor are not expected to be resold within 180 days.

In the event that one of the events above occurs, the contractor may charge a restocking fee as the lesser of the cost charged to the Contractor by its supplier, or 10% of the total price of the line item(s) returned. The Contractor shall provide documentation substantiating that the restocking fee is a reasonable charge consistent with commercial practices. The Contractor shall notify the Contracting Officer if any of the events in Section 13.3 occur prior to assessing a restocking fee. The Contractor shall not charge a restocking fee for:

a. Returns covered under Section 13.2, Returns

b. Delinquent orders that the customer chooses to cancel prior to delivery

13.5 Cancellations. The Contractor shall accept cancellations to delivery orders at no additional cost to the Government, provided that the customer requested cancellation at least 10 business days prior to the required delivery date (RDD). Orders canceled less than 10 business days from the RDD shall be addressed in accordance with FAR 52.212-4(l), Termination for the Government’s convenience.

14.0 Performance Standards

14.1 Performance Metric - Quantity Fill Rate. The contractor shall maintain at least a 95% Quantity Fill Rate. Quantity Fill Rate shall be calculated as follows:

Line Quantity Delivered in full

Line Quantity Ordered

To calculate the Quantity Fill Rate Performance Metric, the Government may use the following data sources: Usage Data provided monthly, data from KO Portal, invoice data, and the Next Generation Enterprise Linked Logistics Information Source (NGE). Performance will be measured through NGE by the data provided in the EDI transactions.

NGE shall provide the Contracting Officer and Contractor with the monthly metric report within 10 business days from the end of the preceding month. The Contractor will then have 10 business days to dispute the monthly metric report via email to the Contracting Officer. Such dispute shall state the basis for the dispute and shall include all documents in support of the Contractor’s position. Any dispute beyond the 10 business days shall be deemed untimely and shall be denied.

14.2 Performance Metric – On-Time Delivery Rate. The contractor shall maintain at least a 95% on-time delivery. On-time delivery shall be calculated as follows:

Number of Lines Delivered On Time Total Number of Lines Due

To calculate the Quantity Fill Rate Performance Metric, the Government may use the following data sources: Usage Data provided monthly, data from KO Portal, invoice data and the Next Generation Enterprise Linked Logistics Information Source (NGE). Performance will be measured through NGE by the data provided in the EDI transactions.

NGE shall provide the Contracting Officer and Contractor with the monthly metric report within 10 business days from the end of the preceding month. The Contractor will then have 10 business days to dispute the monthly metric report via email to the Contracting Officer. Such dispute shall state the basis for the dispute and shall include all documents in support of the Contractor’s position. Any dispute beyond the 10 business days shall be deemed untimely and shall be denied.

14.3 Performance Metric – Quote Responsiveness Rate. The contractor is required to submit quotes on a minimum of 90% of all lines requested under each RFQ. The quote responsiveness rate is defined as the percentage of lines quoted in response to a Request for Quote (RFQ). Quote responsiveness rate shall be calculated as follows:

Lines quoted Total lines on the RFQ

14.4 Contractor Performance Assessment Reporting System (CPARS) In addition to the performance metrics in Sections 11.1 and 11.2, the Contractor’s performance shall be evaluated annually, based on the categories provided in CPARS (https://cpars.cpars.gov/cpars/app/home _input.action). These areas include but are not limited to: Quality, Schedule, Cost Control, Management, Small Business, Regulatory, and any other areas of the Contractor’s performance relevant to the contract. Data entered into CPARS is transmitted to the Past Performance Information Retrieval System (PPIRS) database and is made available for Government-use in source selections.

14.5 In-Process Review (IPR). The Contractor shall meet with the contracting officer, at a minimum, on an annual basis to discuss issues relating to the Contractor’s performance and customer satisfaction.

15.0 Contractor Vehicles

Unless specifically stated elsewhere in the contract, the contractor shall provide all motor vehicles and any other transportation equipment required for the performance of this contract.

16.0 Security Measures/Force Protection

16.1 DLA Troop Support Europe and Africa provides logistical support during peacetime as well as during regional conflicts, contingency operations, national emergencies and natural disasters.

At any time, the United States Government, its personnel, resources, and interests may be the target of enemy aggression to include espionage, sabotage, or terrorism. This increased risk requires DLA Troop Support to take steps and ensure that steps are taken to prevent deliberate tampering with, damage to, and/or sabotage of MRO items.

16.2 As the holder of a contract with the Department of Defense, the Contractor must be aware of the vital role it plays in supporting the Government’s customers. It is incumbent upon the Contractor e the quality and condition of MRO items delivered to all customers.

16.3 The Contractor shall ensure that all MRO items and/or their packaging have not been tampered with throughout the manufacturing, storage, and delivery process. The TLS Vendor will immediately inform the Contracting Officer of any attempt or suspected attempt by any party or parties, known or unknown, to tamper with the MRO items delivered.

16.4 The following security guidance is also provided for selecting and overseeing transportation Sub-contractors in the performance of this Contract:

1. The Contractor and/or its relevant subcontractors must ensure that boxes, bags, packaging, etc. are intact and demonstrate no evidence of tampering. All incoming truck drivers should provide adequate identification upon request. Visitors should also be properly identified and have limited access to those areas appropriate for their visit.

Procedures for storing product should adequately control access to eliminate any possibility of product alteration.

2. The Contractor and/or its relevant subcontractors shall ensure that open trucks never be left unattended, and bolt-seals shall be used when possible to designate loaded trailers.

Security seals shall be properly placed on all delivery vehicles and registered/logged in per delivery. The Contractor will ensure that employee background checks are up to date.

Ensure drivers have communication devices available in the event of an emergency and establish emergency phone numbers for them to use. Firms should keep a low profile and share customer routes, etc. on a need to know basis. Review of overall organizational corporate security plans should be conducted and consider whether private security firms are needed to assess or reduce risk. It is important to convey to all warehouse, office and fleet personnel that security should not be taken lightly and any suspected adulteration or evidence of product tampering must be reported immediately.

17.0 Theater Support

17.1 Management. The Contractor shall ensure that all of its employees, subcontractors, subcontractor’s employees, invitees and agents comply with all guidance, instructions, and general orders applicable to contact with the U.S. Armed Forces issued by the Theater Commander or his/her representative, as well as all pertinent Armed Services and/or Department of Defense directives, policies and procedures, as well as all federal statutes and regulations, judicial interpretations and international agreements (i.e. Status of Forces Agreements, Host Nation Support Agreements, etc.) applicable to the U.S. Armed Forces. This will include any and all guidance and instructions issued based upon the need to ensure mission accomplishment, product protection and safety..

17.2 Oversight of Personnel. The Contractor and its subcontractor(s) at all tiers shall take reasonable steps to ensure the good conduct of their employees and shall at all times be responsible for the conduct of their employees and those of their subcontractors and invitees while such individuals are engaged in the performance of this Contract. The Contractor shall promptly resolve, to the satisfaction of the Contracting Officer, all employee performance and conduct problems identified by the Contracting Officer or his/her designated representative(s).

The Contracting Officer may direct the Contractor, at its own expense, to remove or replace any employee failing to adhere to instructions and general orders issued by the Theater Commander or his/her designated representative. The Contracting Officer may also direct the Contractor, at its own expense, to remove or replace any employee that has been determined to be a force protection risk. The Contractor will replace any such employee within seventy-two (72) hours, or as instructed by the Contracting Officer.

17.3 Personnel.

1. The Contractor shall provide a work force possessing the skills, knowledge, training, equipment and certifications required to satisfactorily perform the services required under this Contract. Documentation establishing that all employees possess the requisite certifications, qualifications, and background checks required under the Contract must be presented to the Contracting Officer and/or his/her designated representative upon request. Contractor and subcontractor personnel (at all tiers) shall not have been convicted of any felony, shall not have been declared incompetent by reason of mental defect by any court of competent jurisdiction, and shall not suffer from habitual drunkenness or narcotics addiction or dependency, as evidenced by a recognized drug/alcohol testing procedure or possession of unauthorized substances or paraphernalia.

All Contractor and subcontractor personnel (at all tiers) under this contract must abide by General Order Number 1B and any other policies which apply to Contractor personnel.

2. The Contractor shall configure its resources such that no delay in delivery occurs due to leaves of absence and/or non-availability of physical resources such as vehicles or communication equipment.

3. All Contractor personnel and subcontractor personnel (at all tiers) performing under this Contract shall be a minimum age of eighteen years and shall not have neither a criminal record, nor existing warrants for any crimes. No such personnel shall be affiliated with associations, elements, groups, organizations, and/or programs that seek to undermine the legitimacy or initiatives of the U.S. Government and/or coalition forces.

4. The Contractor shall employ only persons able to speak, read, write, and understand English for those positions requiring them to interact with clients and other government personnel, and/or where English is used or essential to provide product, or record data, information or service.

5. The Contractor’s employees and subcontractors shall obtain all passports, visas, badges, or other documents necessary to enter and/or exit any areas identified by the Contracting Officer as necessary to performance under the Contract. Contractor and subcontractor personnel must be authorized to receive Base Access Badges, which shall be issued by the relevant U.S. Government Authorities. The Contractor and/or its designated subcontractor(s) shall communicate directly with the customer to obtain all access requirements, and all base access requirements must be adhered to. All Contractor employees and/or contractors shall be subject to the customs processing procedures, laws, agreements and duties of the country to which they are deploying for purposes of making deliveries under this Contract.

17.4 Risk Assessment and Mitigation. The Contractor will brief its employees and subcontractors regarding the potential danger, stress, physical hardships and field living conditions of performing under this contract. The Contractor will designate a point of contact for all planned deliveries, and will prepare plans for support as required by the Contract or as directed by the Contracting Officer.

Upon request, the Contractor will provide a list of suitable or qualified subcontractors, including local vendors in an area of operations, for the purpose of issuance of identification badges and/or for access purposes.

17.5 Vehicle and Equipment Operation. The Contractor shall ensure that its employees and/or sub-contractors possess the required civilian licenses to operate the equipment necessary to perform the Contract in the theater of operations in accordance with the Statement of Work. The Contractor acknowledges that the Contractor, its employees, and/or its subcontractors may be held jointly and severally liable for all damages resulting from the unsafe or negligent operation of equipment.

17.6 Shipping and Container Management. The Contractor shall be responsible for managing the flow of delivery under this Contract. Planned and unplanned delays such as supply route blackouts, local holidays and border closures must be considered in the schedule for movement of supplies and reflected in the delivery timelines quoted for each delivery order.

18.0 Mandatory Eligibility for Installation Access

18.1 U.S. and Coalition Commanders possess inherent authority to maintain law and order, provide security, and impose discipline necessary to protect the inhabitants of U.S. and/or Coalition installations, U.S. and Coalition personnel operating outside of installations, and U.S. or Coalition- funded developmental projects throughout the AFRICOM AOR. This authority allows commanders to administratively and physically control access to installations and/or project sites, and to bar contractors, including prime contractors, subcontractors at any tier, and any employees, from an installation or site. A commander’s inherent force protection (FP) authority is independent of an agency’s contracting authority, and it may not be superseded by any contractual term or provision.

18.2 The Contractor acknowledges that submission of a quote or proposal; acceptance of contract or delivery order award of any type; or continuing effort under this Contract, requires that the Contractor, as well as all subcontractors under any affected contracts be initially eligible – and remain eligible during the entire period of contract performance (to include any warranty period) – for installation access to a U.S. and/or Coalition installation, regardless of whether the performance will take place on or off of a U.S. or Coalition installation.

18.3 Currently, to be eligible for installation access, Contractors and subcontractors at all tiers are required to register for installation access in the Joint Contingency Contracting System (JCCS) and are responsible for keeping the information in the system updated at all times. Prime contractors and subcontractors at any tier may verify their registration at https://www.jccs.gov/jccscoe/ by selecting the “Vendors Login” module and logging in with their user name and password. The offeror must be registered, approved, and eligible for installation access prior to award, and remain eligible for installation access for the life of the contract. Additionally, the offerors’ proposed OCONUS subcontractors, at all tiers must be registered, approved, and eligible for installation access prior to award, and remain eligible for installation access for the life of the contract. Further, the Government reserves the right to require CONUS subcontractors (at all tiers) to be registered, approved, and eligible for installation access at any time during contract performance, and to remain eligible for installation access for the life of the contract.

18.4 The Contractor shall immediately notify the Contracting Officer of any change in the subcontractors involved in any aspect of performance under this Contract, at which time the Government reserves the right to require said subcontractors to register for installation access in JCCS and remain registered, approved, and eligible for installation access at all time during contract performance. If a subcontractor is denied base access, the Contractor will still be required to continue uninterrupted performance by changing subcontractors, self-performing, or other means necessary to fulfill the contract requirements. Any change necessitated by alterations in installation access eligbility shall be at no additional cost to the Government.

18.5 Installation access determinations arise from the Combatant Commander’s inherent authority and are separate and distinct from any law, regulation, or policy regarding suspension and debarment authority. Contractor queries or requests for reconsideration related to U.S.