SF1449_SPE5EN14R0004 1 .pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000026195

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE5EN-14-R-0004

5. SOLICITATION NUMBER

2014 OCT 01

6. SOLICITATION ISSUE

DATE

LAWRENCE BALLASY PHPHGC1

a. NAME

Phone: 215-737-2846

b. TELEPHONE NUMBER (No Collect calls)

2014 NOV 05

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE5EN

DLA TROOP SUPPORT

HARDWARE (SMSG 3)

700 ROBBINS AVENUE

PHILADELPHIA PA 19111

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

332722NAICS:

500SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

48PAGE 1 OF

01:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

CONTINUED ON NEXT PAGE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS - SF 1449

(CONTINUATION SHEET)

1. Block 8 Offer Due Date/Local Time: __November 5, 2014___________1:00 PM

2. Block 9 (continued)

Mailed offers should be sent to:

DLA Troop Support Post Office Box 56667 Philadelphia, PA 19111-6667

Solicitation No: _SPE5EN14R0004________________________ Opening/Closing Date and Time __ November 5, 2014_________1:00 PM

Handcarried Offers should be delivered to:

DLA Troop Support Business Opportunities Office Building 36, 2nd Floor 700 Robbins Avenue Philadelphia, PA 19111-5092

Solicitation No: _SPE5EN14R0004________________________ Opening/Closing Date and Time _ November 5, 2014_________1:00 PM

[Examples of Handcarried Offers include: In-Person delivery by contractor; or Fed Ex, Airborne, UPS, DHL, Emery, or other commercial carrier.]

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

Contractors intending to deliver offers in-person should be advised that the Business Opportunities Office (Bid Room) is located within a secure military installation. In order to gain access to the facility, an escort may be required. The escort will be an employee from the Bid Room. The following are telephone numbers for the Bid Room: (215)737-8511, (215)737-9044 or (215)7377354. It is the offeror’s responsibility to ensure that offers are received at the correct location at the correct time. Please allow sufficient time to complete delivery of hand carried offers. Since the length of time necessary to gain access to the facility varies based on a number of circumstances, it is recommended that you arrive at the installation at least one hour prior to the time the solicitation closes to allow for security processing and to secure an escort. NOTE: THIS IS A SUGGESTION AND NOT A GUARANTEE THAT YOU WILL GAIN ACCESS TO THE BASE IF

YOU ARRIVE ONE HOUR BEFORE THE OFFER IS DUE.

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).

PAGE 3 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE5EN-14-R-0004

FACSIMILE OFFERS ARE NOT AUTHORIZED FOR THIS SOLICITATION.

3. Block 17a: Offeror’s assigned DUNS Number:____________________________.

(If you do not have a DUNS number, contact the individual identified in Block 7a or see 52.212-1, Instructions to Offerors—Commercial Items (paragraph j) for information on contacting Dun and Bradstreet.)

Offeror’s CAGE Code: ____________________________.

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

“AUTHORIZED NEGOTIATORS:

The offeror represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposal. Please list names, titles, e-mail addresses, and telephone numbers for each authorized negotiator.

PAGE 4 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SOLICITATION RESPONSE SHEET FOR “NO OFFER”

Solicitation No.: _SPE5EN14R0004_____________________

Offer Due Date/Time: __ November 5, 2014/ 1:00 PM_________________

No Offer Submitted for Reason(s) Checked:

[ ] Cannot comply with specification [ ] Cannot meet delivery requirement [ ] No open production capacity at plant [ ] Do not regularly manufacture or sell the type of items involved [ ] Other (specify):

[ ] We do [ ] We do not desire to be retained on the mailing list for future procurements for the type of item(s) involved.

Name/Address of firm (include ZIP Code):

Type or print Name/Title of signer: _____________________________________

Signature: __________________________________________________________

PAGE 5 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CAUTION NOTICE

This acquisition is being processed under the authority of Federal Acquisition Regulations (FAR) Part 12.

Offers will be evaluated under the streamlined procedures of FAR Subpart 12.6.

The Government reserves the right to cancel this solicitation. If this should occur, the Government is not liable for any solicitation preparation costs that offerors may incur in responding to this solicitation.

NOTE: Be advised that a complete solicitation package is required. Missing information may render your solicitation non-responsive and ineligible for consideration.

Defense Logistics Agency (DLA) Troop Support seeks to place various Bell Helicopter Restricted Source Part Numbered hardware items under long term contract(s) as a result of this solicitation.

All items are grouped within the following FSCs: 5305 thru 5360. There are 113 items listed on the Price Evaluation List of items in the attached spreadsheet that will be evaluated and awarded under this solicitation. Each item will be evaluated and awarded individually utilizing Best Value Procedures. Offers submitted on an “all or none” basis will not be considered for award. For each item, the Government will make an award to the responsible offeror, whose offer meets or exceeds the terms and conditions set forth in the solicitation, and whose offer is the most advantageous to the Government considering price and past performance. In addition, the Government has identified approximately 780 additional items that may be added to the resultant contract(s) after award.

Each contract awarded as a result of this solicitation will have a base period of 2 years and 3 one-year option periods. Offerors must submit pricing for the 2-year base period on the attached spreadsheet.

Economic Price Adjustments (EPA) will apply in accordance with DLAD 52.216-9030 set forth in this solicitation.

The annual estimated quantity for each item listed on the Price Evaluation List of items is set forth on the attached spreadsheet. The estimated dollar value for the 2-year base period for all 113 items listed is $2,162,109.80. The estimated quantities and dollar values are good faith estimates only based on information available to the Contracting Officer at the time of this solicitation, and do not constitute a guarantee that this volume or dollar value will actually be ordered under the resultant contract(s). Offerors should take any risk associated with these estimates into consideration when pricing proposals.

The guaranteed minimum for the 2-year base period for each contract awarded under this solicitation will be 10% of the estimated dollar value for the base period for that contract. There will be a contract maximum dollar value of $9,593,502.35 for all contracts awarded under this solicitation. Thus, the aggregate dollar value for all orders issued against any contract awarded under this solicitation cannot exceed this dollar value.

All items must be delivered in 250 days or less. Inspection/Acceptance requirements will be noted on each delivery order. The Government envisions inspection/acceptance of items to be destination or source inspection. For items citing destination inspection, the Government reserves the right to invoke source inspection. All inspection requirements are listed on the pricing spreadsheet.

Contractors will receive payment by invoicing DFAS. Invoices to DFAS should be submitted electronically and will be paid by the Wide Area Workflow system (WAWF). All contractors must be registered in the “System for Award Management (SAM)” in order to receive payment.

Offerors are required to submit representations and certifications electronically via SAM. See FAR 52.204-7, FAR 52.212-3 and FAR 52.212-3 (j) for additional information. The SAM website can be found at http://sam.gov.

An offeror who is a large business concern will be required to submit a Subcontracting Plan with its initial offer. In the event that an annual or division-wide Subcontracting Plan is submitted, offerors are reminded

PAGE 6 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

that the Plan should be current, approved and cover the Company’s fiscal year, which must be identified. A current annual company or division-wide Subcontracting Plan previously approved by another Government Agency may be submitted in response to this solicitation. All Plans approved by another Government Agency must be accompanied by the letter of approval issued by that Agency. If an offeror submits a previously approved Plan, that is nearing expiration, that plan should be submitted to the Contracting Office that approved the initial plan at least sixty (60) days before the existing Plan expires. Offerors should refer to FAR 52.219-16, LIQUIDATED DAMAGES – SUBCONTRACTING PLAN (Jan 1999) in FAR 52.212-5.

Note: Subcontracting Plans are required if the expected value of the contract exceeds $650K.

This acquisition is being solicited on an unrestricted basis.

Attachments to the solicitation including but not limited to the Item Descriptions and a pricing spreadsheet can be found with the solicitation in DIBBS. Additionally, copies of this solicitation and accompanying documents (i.e., item descriptions, pricing spreadsheets, universe of items), can be found at the following website:

http://www.troopsupport.dla.mil/Hardware.

Interested offerors should see the item description pages that are an attachment to this solicitation for a complete description and requirements per line item. Offerors are required to submit their offers according to the instructions in the solicitation. Provide a complete Pricing Proposal in writing in accordance with the Addendum to FAR 52.212-1 and FAR 52.212-2.

Please provide pricing on the attached pricing spreadsheet and on a CD Rom and submit it with your proposal.

Please ensure that you leave the line items that you are not pricing on the spreadsheet as a placeholder and leave blank or state “no offer”. Do not delete any line items from the pricing spreadsheet! Unit prices on the accompanying pricing spreadsheet shall be properly formatted to the U.S. Currency and shall contain two

(2) decimal places. For evaluation and award purposes, offers containing unit prices of more than two decimal places shall be rounded off to two decimal places.

Packaging requirements: Items shall be packaged Standard Commercial in accordance with ASTM D 3951.

Any items that may contain hazardous material - the following clauses apply:

52.223-3 –HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997) FAR

252.223-7001 HAZARD WARNING LABELS (DEC 1991) DFARS

52.223-9000 MATERIAL SAFETY DATA SHEETS AND HAZARD WARNING LABELS (NOV 2011) DLAD

Offerors are required to: (1) adhere to the requirements cited in these clauses; (2) complete these clauses as required and provide Material Safety Data Sheets (MSDS) and hazardous warning labels (HWLS) to the Contracting Officer with their offer in accordance with clause requirements; and (3) successful awardee(s) will be required to provide required applicable information in accordance with hazardous material clauses per delivery order, as required, during the life of the contract. In addition, offerors/awardees are required to provide updated lists of hazardous material during the performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous. See clauses for complete details.

Surge Requirements: The following information pertains to any item that requires Surge now or in the future.

Surge requirements are unanticipated demands for accelerated delivery of supplies or services within industrial capabilities during wartime, and during peacetime emergencies. This includes the ability of the supplier to ramp-up quickly to meet early requirements as well as to sustain the increased pace throughout the emergency. Offerors should refer to the Addendums to FAR 52.212-4, FAR 52.212-1, and 52.212-2 for clauses.

Note: Items that require surge are cited on the Pricing Spreadsheet which is an attachment to this solicitation. The contractor is requested to complete the surge pricing (there is a column for surcharge) in the Capability Assessment Plan (CAP). Please only enter pricing for items if they are different than the pricing for the Annual Estimated Quantities.

PAGE 7 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

Surge Items Identified on the Pricing Spreadsheet FSC NIIN MWR (Monthly Wartime Rate) 5340 001353044 6 5340 001380436 6 5360 001919410 2 5325 002815078 176 5325 002987027 94 5325 004329810 33 5315 008790337 3 5325 009750531 28 5320 011443178 92 5325 011998247 184 5340 012576178 4 5340 012664782 2 5340 013876772 9 5315 013956261 4 5325 014084099 61 5305 015293701 4 5325 015627089 78 5320 015684269 10 5320 015694243 30 5320 015988357 16

NOTICE TO OFFERORS: Refer to Surge clauses 52.217-9006, 52.217-9007, 52.217-9008, 52.217-9009 and 52.217-9010. Surge quantity may be ordered by the Government in accordance with Clause 52.217-9006. Per Clause 52.217-9007, offerors must submit a CAP. This will be evaluated by the Surge Monitor. A CAP must be approved prior to award. Offerors are required to complete an electronic CAP and submit a printed copy of it with their proposal. In addition, if there are any subsequent changes made to the terms and conditions of the offeror’s eCAP during negotiations, offerors are required to update their eCAP record and re-submit a hardcopy and electronic submission with the agreed to changes.

ADDITIONAL SOURCES OF PAST PERFORMANCE INFORMATION

The DLA Automated Best Value System (ABVS) has been phased out. DLA has migrated to the Department of Defense (DOD) Past Performance Information Reporting System (PPIRS). Please see Clause DLAD 52.215-9003.

In addition to information obtained from DLA Troop Support’s records, e.g., PPIRS (Past Performance Information Retrieval System), the offeror's performance may be obtained from Federal agencies other than DLA Troop Support, state and local government agencies, contracting officer experience on this contract and other contracts for the same or similar item(s), including current contracts, and any other Government sources having relevant information.

A reverse auction may be conducted to determine the low priced offeror. Please see Clause 52.215-9023.

In accordance with clause DLAD 52.216-9030 –the Price Evaluation List of items are provided with WPU 1081-05 (Aircraft/Aerospace Items) -or- WPU 071306 (Miscellaneous Rubber products);

The Price Evaluation List of items with WPU 071306 are as follows:

NSN Nomenclature Material 5330001795901 Rubber Strip Rubber 5331010798151 O-Ring Rubber 5340001331218 BOOT,DUST AND MOIST Rubber 5340006330856 BOOT,DUST AND MOIST Rubber

PAGE 8 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

5340011132535 BUMPER Rubber

All other Price Evaluation List of items except those cited in the chart above are WPU1081-05.

The following applies to the ADDITION/DELETION OF ITEMS:

A. ADDS:

1. Additions by the Government:

If the Government makes several awards under this solicitation, new item(s) may be awarded if, after synopsis, no other vendors (other than those that have received an award under the solicitation) express an interest in supplying the additional items. Items added, if any, will be awarded on a competitive basis (as described below) amongst the awardees.

For items competed amongst contract holders after award, the solicitation will clearly state that basis for award and how offers will be evaluated. The Contracting Officer will select the awardee utilizing Tradeoff Source Selection procedures, considering price and past performance. The contracting officer will evaluate past performance and may consider the following sources of information: the Contractor’s performance on delivery orders issued under this contract; Contracting Officer’s knowledge of the contractor’s performance on other contracts; the Past Performance Information Retrieval System (PPIRS) scores; other Federal agencies, state and local government agencies; and any other independent sources having relevant information.

2. Administration of Additions:

Prices for Item(s) to be added to the contract shall be incorporated into the contract(s) via Supplemental Agreement.

B. Deletions:

1. Deletions by the Government:

During any period of the contract resulting from this solicitation, the Government may elect to delete any item or items. These items may be deleted due to a change in demand patterns, obsolescence, item substitution or because they no longer have application.

2. Deletions Recommended by the Contractor:

During any period of performance under the contract(s) resulting from this solicitation, the Contractor may notify the Contracting Officer as to any item(s) it deems to be obsolete, unavailable, out of production or superceded, and may recommend the deletion of such item(s) from the contract. The notice shall include complete information as to appropriate superceding, substitute, or alternate items, and how such items meet the fit, form or function and interchangeability requirements of the obsolete, unavailable, out of production, or superceded item. If an obsolete item has no replacement, the notice shall include information concerning the availability of alternate sources or substitute item(s). If the Contracting Officer agrees to remove any item(s) from the contract, any such removal of an item(s) of supply shall be a cancellation with no cost to either party.

Note: Export Control is included if applicable to the Price Evaluation List of Items or for future add items.

For items with export controlled drawings the following applies:

IN ORDER TO BE CONSIDERED FOR ITEMS WITH EXPORT CONTROLLED DRAWINGS, YOU MUST BE CERTIFIED PRIOR TO AWARD.

PROVIDE YOUR JOINT CERTIFICATION PROGRAM (JCP) NUMBER BELOW. THE JCP IS LOCATED AT THE WORLD WIDE WEB ADDRESS:

HTTP://WWW.DLIS.DLA.MIL/JCP

IF YOU DO NOT WISH TO BE CONSIDERED FOR ITEMS WITH EXPORT CONTROLLED DRAWINGS, PLACE “N/A” BELOW.

JCP CERTIFICATION NUMBER: _____________________________

EXPIRATION DATE:____________________________

PAGE 9 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SCHEDULE OF SUPPLIES

PR 1000026195

NSN: Various-see attached listing Nomenclature: Various Bell Helicopter Restricted Source Part Numbered Items – Industrial Hardware Commodities

Item Descriptions: As stated in the Caution Notice, item descriptions are an attachment to this solicitation and can be found on DIBBS.

Note: Specific requirements and provisions that are applicable to the NSNs on this solicitation are set forth under “Tables”. The number and full text of these tables are described on the item description attachment pages on DIBBs. All tables do not apply to each and every NSN. See individual NSNs for the list of applicable tables.

Destination: Delivery shall be to any destination within the Contiguous United States and the District of Columbia, excluding Alaska and Hawaii. Pricing for all items must be FOB Destination. All contracts will be FOB Destination and all items supported will be for stock. All deliveries will be packaged, marked and bar coded in accordance with the specifications of the solicitation. Commercial packaging must be adequate to ensure that all supplies are delivered without damage and to withstand normal government storage without degradation of the items furnished. The applicable Warranty provisions are provided at FAR 52.212-4 Contract Terms and Conditions-Commercial Items.

THE FOLLOWING CLAUSES ARE INCLUDED IN THE SOLICITION, BUT THESE NOTES APPLY:

DLAD 52.246-9007 required only on items that require Destination Inspection FAR 52.247-48 required only on items where Source Inspection is required or invoked DLAD 52.246-9019 required only on items where Source Inspection is required or invoked DLAD 52.246-9008 required only on items where Source Inspection is required or invoked DFARS 252.246-7000 required only on items where Source Inspection is required or invoked DLAD 52.211-9005 required only if an item is identified as or becomes a Critical Safety Item DLAD 52.211-9006 required only if an item is identified as or becomes a Critical Safety Item DLAD 52.211-9007 required only if an item is identified as or becomes a Critical Safety Item DFARS 252.246-7003 required only if an item is identified as or becomes a Critical Safety Item

Addendum 52.212-1

1. Addendum to 52.212-1(b) Submission of offers.

See Standard Form 1449 (Continuation Sheet), on page 3, for any specific instructions on how to submit your offer if mailed, hand carried or faxed (when authorized).

_X__ Faxed offers are NOT authorized for this solicitation.

_____ Faxed offers are authorized for this solicitation.

PAGE 10 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

Facsimile offers that fail to furnish required representations, or information, or that reject any of the terms, conditions and provisions of the solicitations, may be excluded from consideration. Facsimile offers must contain the required signatures. The Government reserves the right to make award solely on the facsimile offer. However, if requested to do so by the Contracting Officer, the apparently successful offeror agrees to promptly submit the complete original signed proposal. The Government will not be responsible for any failure attributable to the transmission or receipt of the facsimile offer.

2. Addendum to 52.212-1(c) Period for acceptance of offers.

Period of acceptance is _120_ days.

3. Addendum to 52.212-1(e) Multiple offers.

Alternative commercial items may not be considered for award on this instant acquisition, however, may be utilized for market research on future requirements.

4. Addendum to 52.212-1(g) Contract Award.

If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

5. Addendum to 52.212-1(h) Multiple awards.

The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

6. Addendum to 52.212-1(j) Data Universal Numbering System (DUNS) Number

The requirement to provide a DUNS number with the offer applies at all dollar values if the offeror is required to register in the System for Award Management (SAM) in accordance with FAR 52.204-7.

1. INSTRUCTIONS TO OFFERORS FOR PROPOSAL INFORMATION:

Offerors are required to submit the pricing information on the attached pricing spreadsheet on a CD Rom and also a paper copy and submit with their Proposal. Note: Please use an Anti-Virus utility to ensure that your Microsoft Excel Spreadsheet formatted CD is virus free before submitting. Separate Option Year pricing will not be accepted. If the option is exercised, option pricing will be determined as described in Addendum to 52.212-2(d)(2)(ii)(c).

Also, please ensure that you leave the line items that you are not pricing on the spreadsheet as a placeholder and leave blank or state "no offer". DO NOT delete these line items from your pricing spreadsheet! Unit prices on the accompanying pricing spreadsheet shall be properly formatted to U.S. Currency and shall contain two (2) decimal places.

For evaluation and award purposes, offer containing a unit price of more than two decimal places shall be rounded off to two decimal places, as follows:

$.10 to $0.104 = $0.10 $0.105 to $0.109 = $0.11 $0.111 to $0.114 = $0.11 $0.115 to $0.119 = $0.12, etc

Attachments to the solicitation (Item Descriptions along with packaging information, table explanations, a pricing spreadsheet and surge requirements) can be found within the solicitation in DIBBS. Open the solicitation and look at the lower left hand side (a paperclip) for attachments. Please submit a CD ROM along with the pricing spreadsheet. FAILURE TO PROVIDE YOUR PRICING PROPOSAL IN ACCORDANCE WITH SOLICITATION

PAGE 11 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

REQUIREMENTS MAY RENDER YOUR OFFER UNACCEPTABLE. A SIGNED and COMPLETED solicitation must accompany the Pricing Proposal IN ITS ENTIRETY, as well as, any amendments. MAKE SURE THAT ALL CLAUSES THAT REQUIRE A

RESPONSE ARE COMPLETED.

The offeror shall also provide the completed SF1449, applicable clause fill-ins including FAR 2.212-3 (Offeror Representations and Certifications), and their Surge and Sustainment Capability Assessment Plan (CAP). Offerors shall state if some or all of their clause representations and certifications are available in ORCA and shall ensure that any additional required representations or information applicable to this solicitation is provided.

ADDENDUM to FAR 52.212-2 - EVALUATION:

For each item, the Government will make an award to the responsible offeror whose offer meets or exceeds the terms and conditions set forth in the solicitation, and whose offer is most advantageous to the Government considering price and past performance.

Technical factors are:

_X__ Significantly more important than cost or price.

____ Essentially equal to cost or price.

____ Significantly less important than cost or price.

Note: As Technical becomes more equal price becomes more important.

Evaluation Procedures

(1) Overview: Subsequent to the date specified in the solicitation for receipt of proposals, all timely proposals will undergo a Technical and Pricing Evaluation as described in paragraph (2) below. Unless an award(s) is/are made on the basis of initial proposals, written and/or oral discussions will be conducted with all offerors in the competitive range. Revised proposals and "final proposal revisions" resulting from discussions will undergo further Technical and Pricing evaluations. Those proposals which are most advantageous to the Government, as determined by the evaluation of proposals according to the evaluation factors in FAR 52.212-2,"EVALUATION - COMMERCIAL ITEMS", will be selected for award. An Offeror's failure to provide complete and accurate information required by this provision may result in negative ratings or the rejection of the offer. Furthermore, Offerors are reminded of the penalties for making false statements prescribed by 18 U.S.C. 1001. Awards will be made to the responsible contractor(s) whose proposal(s) is/are the most advantageous to the Government, as determined by the evaluation of proposals according to the evaluation factors in Clause 52.212-2, "EVALUATION - COMMERCIAL ITEMS."

(2) Evaluation Process

A. Past performance is an indicator of a Contractor’s ability to perform satisfactorily on future awards.

When used in best value source selections, past performance information will be evaluated based upon current and relevant past performance information in order to determine the level of confidence for each offeror from which offers were received. The Defense Logistics Agency (DLA) will evaluate offerors’ past performance, which may include, but is not limited to, their record of conforming to specifications, conformance to the standards of good workmanship, adherence to contract schedules, and commitment to customer satisfaction. DLA may utilize past performance information from various systems, including but not limited to those listed here.

(i) Past Performance Evaluation:

a.The Government anticipates awarding contract(s) resulting from this solicitation to the responsible offeror(s) whose offer, conforming to the solicitation, will be the most advantageous to the Government, price and other factors considered. This process allows for a tradeoff between non-cost factors and cost/price and allows the Government to accept other than the lowest priced proposal or other than the highest technically rated proposal to achieve a best-value contract award. Past Performance will be evaluated utilizing the Past

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Performance Information Retrieval System (PPIRS). If the Offeror chooses to submit additional past performance information in accordance with FAR 52.212-1(b)(10), the Government will take such information into account in assessing past performance, in accordance with FAR 15.305(a)(2)(ii). The source selection authority shall determine the relevance of similar past performance information.

(ii) Pricing Evaluation:

a. Each proposal will be evaluated against the requirements of the solicitation. The Government will evaluate cost or pricing data or limited pricing information, if requested with initial proposals or during discussions, in accordance with FAR Subpart 15.4.

b. The Government will evaluate the successful offeror’s proprosal to determine price reasonableness.

c. The total evaluated price for the 5-year base/option period for each item will be calculated as follows:

The unit price offered for an item will be multiplied by the annual estimated quantity listed for that item to arrive at the total estimated price per year. The total estimated price per year will then be multiplied by 5 to arrive at the total evaluated price for the 2-year base and three 1-year option period. Please note that for evaluation purposes ONLY, the Government will use the unit price submitted for the base period as the option year prices.

The contracting officer will evaluate surge pricing for the surge quantity in accordance with FAR 15.404-1 to determine price reasonableness. If proposed surge prices are higher than the peacetime prices, the Government reserves the right to request information other than cost or pricing data, or, if applicable, certified cost or pricing data to determine price reasonableness.

A breakdown of the costs attributable specifically to surge may be requested in accordance with FAR 52.217-9009. Should surge items be awarded and surge is invoked, the total estimated contract price will include the surge Monthly Wartime Rate (MWR) multiplied by the offered unit price for each surge line item.

Addendum to 52.212-4:

FAR 52.212-4 is now dated May 2014.

The following paragraph(s) of 52.212-4 are amended/added as indicated below:

1. Paragraph (m), Termination for Cause.

Delete paragraph (m) in its entirety and substitute the following:

(m) Termination for Cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If this contract is terminated in whole or in part for cause, and the supplies or services covered by the contract so terminated are repurchased by the Government, the Government will incur administrative costs in such repurchases. The Contractor and the Government expressly agree that, in addition to any excess costs of repurchase, or any other damages resulting from such default, the Contractor shall pay, and the Government shall accept, the sum of $1,350.00 as payment in full for the administrative costs of such repurchase. This assessment of damages for administrative costs shall apply for any termination for cause following which the Government repurchases the terminated supplies or services together with any incidental or consequential damages incurred because of the termination. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

2 Paragraph (s), Order of Precedence is revised to add the following:

(10) Contractor’s proposal.

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If preceded by an X, the following paragraphs of 52.212-4 contain additional language:

Paragraph Additional Language

[x ] (a) FAR 52.246-2, Inspection of Supplies - Fixed Price, is hereby included in this contract and takes precedence over FAR 52.212-4(a).(applies if source inspection is required or invoked)

Paragraph Additional Language

[ ] (i) FAR 52.213-1, Fast Payment Procedure, DLAD 52.212-9001, Application of Fast Payment to Part 12 Acquisitions, and DLAD 52.213-9009, Fast Payment Procedure, apply and are hereby incorporated by reference. The Government will pay invoices based on the Contractor’s delivery of supplies to a post office or common carrier (or, in shipments by other means), to the point of first receipt by the Government.

Contract and Delivery Order Limitations.

Delivery orders will specify delivery no less than 250 days from the date of order. Changes or cancellations to delivery orders may be made by giving the Contractor notice no less than 7 days [remembering that days are always calendar days unless otherwise defined] before the required delivery date.

Maximum contract limitation. The maximum dollar value that may be ordered against this contract is $9,593,502.35.

Guaranteed Minimum.

(1) The Government guarantees that it will order under this contract at least 10% of the estimated base dollar value.

(2) The Government may fulfill the guarantee by a single delivery order or by any number of delivery orders subject to the minimum per order specified in the clause Order Limitations, Federal Acquisition Regulation (FAR) clause 52.216-19 (a). The maximum quantity per order does not apply until after the guaranteed minimum is satisfied.

(3) In the event that a single delivery order includes both items that are within the guaranteed minimum and items in excess of the guaranteed minimum, the maximum delivery order limitations in FAR 52.216-19 (b) shall apply, and the Contractor shall be governed by the notice requirement of FAR 52.216-19 (d).

(4) The total of the delivery orders issued during the base contract period will apply to the minimum guarantee stated in this paragraph (c). The Government’s obligations with regard to the guarantee will be satisfied when the total of the delivery orders equalsor exceeds the guaranteed quantity or guaranteed dollar value, as applicable.

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Form

52.211-9014 CONTRACTOR RETENTION OF TRACEABILITY DOCUMENTATION (AUG 2012) DLAD

Part 12 Clauses

52.212-04 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2014) FAR

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232- 33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer— Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, PAGE 15 OF 48 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE5EN-14-R-0004

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination.