Attachment_A_-_SPE8E319R0001.pdf

Table of Contents

Page Continuation of Blocks from the Standard Form 1449 2 Block 8, Offer Due Date/Local Time 2 Block 9, Issued By 2 Block 17a, Contractor/Offeror 3 Block 17b, Remittance Address 3 Block 19-22, Item No., Schedule of Supplies/Services, Quantity, Unit 3

Caution Notices

Contractor Code of Business Ethics 10

Contract Clauses 52.212-4 Contract Terms and Conditions—Commercial Items (by reference, see SF 1449, Block 27a)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items

Addendum Containing Supplementary Clauses in Full Text and by Reference 41 52.211-16 Variation in Quantity 45 52.252-2 Clauses Incorporated by Reference 67 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 68 252.209-7004 Subcontracting With Firms That Are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism

252.225-7002 Qualifying Country Sources as Subcontractors 68 52.232-17 Interest 68 52.242-13 Bankruptcy 69 52.242-15 Stop Work Order 69 Contract Documents, Exhibits or Attachments

Solicitation Provisions 52.212-1 Instructions to Offerors—Commercial Items 69 Addendum to 52.212-1 73 52.212-2 Evaluation—Commercial Items 82 Addendum Containing Supplementary Provisions in Full Text and by Reference 90 52.216-1 Type of Contract 90 52.233-9001 Disputes: Agreement to Use Alternative Dispute Resolution (ADR) 90 52.252-1 Solicitation Provisions Incorporated by Reference 91 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls 91 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or

Transactions Relating to Iran - Representation and Certification

Procurement Notes L06 Agency Protests 95 Additional Clauses as Applicable 96

SOLICITATION NO. SPE8E319R0001 Page 2 of 101

Continuation of Blocks from SF 1449

1. Block 8 Offer Due Date/Local Time: October 15, 2019 at 1:00 PM Eastern Daylight Time (EDT)

2. Block 9

› Address and Submit “mailed” offers to:

Defense Logistics Agency Troop Support Post Office Box 56667 Philadelphia, PA 19111-6667 Solicitation Number: SPE8E3-19-R-0001 Opening/Closing Date and Time: October 15, 2019 at 1:00 PM EDT › Address and Deliver “hand carried” offers, including delivery by commercial carrier, to:

DLA Troop Support Business Opportunities Office Bldg. 36, 2nd Floor, Room 2035 700 Robbins Avenue Philadelphia, PA 19111-5092 Solicitation Number: SPE8E3-19-R-0001 Opening/Closing Date and Time: October 15, 2019 at 1:00 PM (EDT)____________________

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

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

Offerors intending to deliver hand carried offers either in-person or through a hand-carried delivery service are advised that the Business Opportunities Office (Bid Room) is located within a secure military installation. In order to gain access to the facility, all required security protocols must be complied with, and 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) 737-8556.

It is the offeror’s responsibility to ensure that offers are received at the correct location at the correct time. Please note that the Business Opportunities Office (Bid Room) is distinct from the “Mail Room.”

Proposals left by the offeror or its commercial carrier at the Mail Room will not be considered for award if they are received at the Bid Room after the scheduled opening/closing time of the solicitation. 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 a few hours prior to the time set for receipt of offers to allow for security processing and to secure an escort. THIS IS A SUGGESTION AND NOT A GUARANTEE THAT OFFERORS AND/OR THEIR HAND-

CARRIED DELIVERY SERVICES WILL GAIN ACCESS TO THE BASE IF THEY ARRIVE A FEW

HOURS BEFORE THE OFFER IS DUE. Offerors are hereby advised that, notwithstanding any difficulties encountered in gaining access to the facility, hand carried offers received at the Business Opportunities Office

SOLICITATION NO. SPE8E319R0001 Page 3 of 101 after the exact time specified above for receipt of proposals will be deemed “late” and will not be considered for award.

NOTE: Facsimile and email offers are not acceptable forms of transmission for the submission of initial proposals submitted in response to this solicitation. Facsimile and email may only be used for solicitation amendments, clarifications, and/or during discussions/negotiations (if they are held) for proposal revisions(s), including Final Proposal Revisions, if and when authorized or directed by the Contracting Officer.

3. Block 17a › Offeror’s assigned Unique Entity Identifier Number: _______________ Note (If you do not have a Unique Entity Identifier number, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to Offerors—Commercial Items (paragraph j) for information on establishing a unique entity identifier.)

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

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

5. Blocks 19-22 Item No., Schedule of Supplies/Services, Quantity, Unit:

I. ITEMS

Under the resulting contracts, the awardees will be responsible for furnishing a full range of supplies and incidental services in support of the maintenance, repair, and operations (“MRO”) requirements of authorized DLA customers on installations throughout the Pacific Region (comprised of two Zones). Zone 1 consists of Japan, Okinawa, Singapore, Diego Garcia, the Philippines, and Thailand (the “Japan Zone” or “Japan Region”). Zone 2 consists of the Republic of Korea (the “Korea Zone” or “Korea Region”). The awardees, known as the Tailored Logistics Support Prime Vendors (“TLS PV”s) will be responsible for supporting material requests for items in a number of categories, including, but not limited to, the following:

1. Heating, ventilation, and air conditioning (HVAC) supplies;

2. Plumbing supplies (including bath and shower items and ablution units);

3. Electrical products (including generators, wire/cable, connectors, sockets, outlets, lights, etc.)

4. Tools of various kinds;

5. Chemical, lubricating, and rubber products and products including the same;

6. Construction supplies (including, but not limited to, cement, lumber, plywood, bricks, blocks, steel, aluminum, metal products, and conduits);

7. Pre-fabricated structures to include re-locatable buildings (RLBs);

8. Perimeter security items, such as barriers, barbed wire, concertina wires, and sand bags;

9. Communication devices, such as walkie-talkies and two-way radios, used by the maintenance personnel;

10. Appliances (excluding food service equipment);

11. Janitorial and sanitation products;

SOLICITATION NO. SPE8E319R0001 Page 4 of 101

12. Various other commercial supplies required by the war-fighters to accomplish their mission as it relates to facilities maintenance or sustainment; AND

13. Incidental commercial, facilities maintenance services.

II. TERM

The contracts resulting from this solicitation will be Indefinite Delivery/Indefinite Quantity contracts with a base ordering period of two years and up to two option periods of eighteen-months each. The base period includes a 60-day implementation period, if needed, after award.

III. PRICING

The Price Evaluation List contains a total of 450 line items for each of the two Zones. Offerors will provide five elements of pricing for one or both Zones: firm fixed ceiling acquisition prices for price evaluation list (PEL) items for the two year base period and each eighteen-month option period; firm fixed ceiling distribution prices for twenty-two (22) pricing tiers across a Drop Ship Distribution Fee Matrix and a Vendor Supported Distribution Fee Matrix for each of the three pricing periods; a total acquisition price for an incidental service scenario; and burdened labor rates for a storefront scenario.

Offerors must provide Acquisition Ceiling Prices for a minimum of 95% (428) of the 450 items on the PEL for the base period and each option period. Offerors may be excluded from the competition for failure to do so. Offerors may offer alternate items; however, the offerors must provide a complete technical data package for the alternate item being offered as well as the item on the PEL for purposes of comparison, to demonstrate their equivalence in form, fit, and function.

Determinations as to whether or not alternate items offered will be technically acceptable for purposes of particular requirements will be made in the sole discretion of the Government. Alternate items determined not to be acceptable will not count torwards the 95% (428) minimum of PEL items that offerors are required to price. DLA Troop Support will not evaluate items determined not to be technically acceptable. The Acquisition Ceiling Prices submitted represent the maximum acquisition price that the TLS PV may charge for an item on the PEL during the two-year base period and each eighteen-month option period.

For both the Drop Ship and Vendor Supported Distribution Fee Matrices, offerors will submit a firm fixed Distribution Ceiling Price, offered as a dollar amount, for each of the twenty-two (22) pricing tiers listed in the matrix, for the base period and each option period. The tiers are specific dollar value ranges based on the line acquisition price when the TLS PV submits an order. They will be used to assign a corresponding Distribution Ceiling Price for the line item. The Distribution Ceiling Price represents the maximum, fixed distribution price the TLS PV may charge for a line item within that range throughout the specified pricing period. There will be three, sequential pricing periods under the contract. Period 1 consists of the two-year base period. Period 2 consists of the first option period (eighteen months). Period 3 consists of the second and final option term (eighteen months).

Should an offeror fail to provide complete pricing for the distribution fee matrices for the base period and both option periods, its offer may be deemed non-responsive, and it may be excluded from consideration for award.

The scenario pricing for the Incidental Service Scenario will be used for evaluation purposes only, but may be utilized as a benchmark, should this type of service be requested during contract performance. The burdened labor rates submitted under the storefront scenario will become fixed if a

SOLICITATION NO. SPE8E319R0001 Page 5 of 101 storefront is negotiated in the Pacific Region. There are not currently existing storefronts in the Pacific Region, but the Government reserves the right to add one or more storefronts during contract performance if it is in the best interest of the Government. Should an offeror fail to provide complete pricing for both of the incidental services and storefront scenarios, its offer may be deemed non-responsive, and it may be excluded from consideration for award.

IV. DELIVERY ORDERS

Each delivery order issued against the contracts will be firm fixed price.

Delivery Orders for supplies and/or incidental services will consist of the acquisition price for each item or incidental service on the order and the distribution fee that corresponds to the range containing the line item unit price. The acquisition prices for non-PEL items may vary based on market conditions, and will be supported by competitive subcontractor quotes and/or such additional information as may be requested by the Contracting Officer. During contract performance, the acquisition prices for PEL items shall not exceed the Acquisition Ceiling Prices established at contract award.

V. HISTORICAL DEMAND VALUE

The Pacific Region is divided into two Zones, Zone 1 and Zone 2. At the time of award of the restulant contracts, the implementation sites for the Pacific Region will be those activities ordering through the existing contracts for the Japan Region and the Korea Region. The estimated annual sales set forth in this solicitation are GOOD FAITH ESTIMATES ONLY based on the best data available to the Contracting Officer at the time of issuance of this solicitation, and are not guarantees that this volume or value will actually be ordered under any resultant contract. Offerors must consider any business risks associated with these estimates and account for them in submitting their proposals.

Zone 1 Estimates:

The estimated annual value of the MRO TLS PV Program for Zone 1 is $75,000,000.00. There are approximately 7,000 delivery orders for various items issued annually. In Fiscal Year (FY) 2018, there were 55 customers (by ordering DOD Activity Address Code (DODAAC)) and 55 delivery locations (by ship-to DODAAC) in Zone 1.

Zone 2 Estimates:

The estimated annual value of the MRO TLS PV Program for Zone 2 is $50,000,000.00. There are approximately 6,500 delivery orders for various items issued annually. In FY 2018, there were 47 customers (by ordering DODAAC) and 47 delivery locations (by ship-to DODAAC) in Zone 2.

VI. CONTRACT MINIMUM/MAXIMUM

The Government guarantees that it will order a minimum of $3,750,000.00 in supplies and incidental services under the Zone 1 contract and a minimum of $2,500,000.00 in supplies and incidental services under the Zone 2 contract awarded from this solicitation. The aggregate values of the delivery orders issued during contract performance will be applied against the guaranteed minimum dollar value for each contract. At the time that the aggregate value of all delivery orders equals or exceeds the guaranteed minimum for the contract, the guaranteed minimum will have been met and the Government’s obligations with regard to the guarantee will have been satisfied.

SOLICITATION NO. SPE8E319R0001 Page 6 of 101

The maximum dollar value that can be obligated against the Zone 1 contract awarded from this solicitation is $562,500,000.00, meaning that the cumulative obligations of all delivery orders placed against the resulting contract shall not exceed $562,500,000.00. The maximum dollar value that can be obligated against the Zone 2 contract awarded from this solicitation is $375,000,000.00, meaning that the cumulative obligations of all delivery orders placed against the resulting contract shall not exceed $375,000,000.00.

SOLICITATION RESPONSE SHEET FOR “NO OFFER”

Solicitation No.: SPE8E3-19-R-0001

Offer Due Date/Time: October 15, 2019 at 1:00 PM EDT

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: __________________________________________________________

CAUTION NOTICE

1. This solicitation represents a continuation of the Maintenance, Repair, and Operations (MRO) Tailored

Logistics Support Prime Vendor (TLS PV) Program at DLA Troop Support. It constitutes the “fourth generation” acquisition under the MRO Program for the full range of maintenance, repair, and operations (“MRO”) supply requirements of the military installations, federal agencies, and other authorized customers located in the geographical areas defined herein as the Pacific Region. The Pacific Region consists of two zones, Zone 1 and Zone 2. Zone 1 consists of Japan, Okinawa, Singapore, Diego Garcia, the Philippines, and Thailand. Zone 2 consists of the Republic of Korea (ROK) (South Korea).

2. DLA Troop Support is a Major Subordinate Command of the Defense Logistics Agency (DLA), and is a combat support activity whose objective is to continue and expand its use of unique and innovative approaches for providing focused logistics support for its maintenance, repair, and operations customers.

SOLICITATION NO. SPE8E319R0001 Page 7 of 101

The phrase “facility maintenance, repair, and operations” is also referred to as “facility sustainment, restoration, and modernization (SRM)” in some regulations. The term “facility,” as used in this solicitation, is synonymous with the terms “military activity/ base/ camp/ post/ station/ yard/ center/ installation” and “government installation/ activity.” It includes all buildings and grounds within the perimeter of the facility’s compound. The operations of a facility includes the protection and safety of the physical plant and the personnel employed therein.

3. Zone 1 has been expanded from the third generation acquisition to include ordering activities in Thailand and the Philippines. Zone 2 remains the same as that supported by the existing MRO contract for the Korea Region. See Attachment 3 for a list of current customers/implementation sites for each zone. DLA Troop Support anticipates that participation in the program will be expanded to additional ordering activities in the Pacific Region; however, the expansion of the program will depend greatly on the successful management of the contracts by the awardees. There are ongoing regular customers in Zone 1 and Zone 2 at this time. However, the scope of the resultant contracts will include support for the MRO requirements of any and all military installations, federal agencies, and other authorized customers located throughout within the respective zones, whether now, or at any time during the period of contract performance.

4. The Government is seeking proposals that, to the maximum extent practicable, will employ the techniques, advantages, and economies of existing contractor commercial business practices to reduce the total logistics cost to DLA Troop Support and its customers. TLS PVs provide rapid response, direct vendor delivery, advanced distribution, total asset/in-transit visibility, and information fusion. Therefore, to the maximum extent practicable, the contract resulting from this solicitation will integrate the business practices of the commercial and military supply distribution systems.

5. This solicitation is being issued on an unrestricted basis. Offerors may submit proposals for one or both

Zones. A single TLS PV contract will be awarded for each Zone. Proposals will be evaluated using Best Value Tradeoff source selection procedures, with non-price factors being significantly more important than price. As the non-price ratings of offers become more equivalent, price will become more important. For instructions on the preparation of proposals and further information on the evaluation process, see the addenda to FAR Clause 52.212-1, Instructions to Offerors – Commercial Items and FAR Clause 52.212-2, Evaluation – Commercial Items, below. The contract for Zone 1 will be awarded to the offeror whose proposal is most advantageous to the Government considering non-price evaluation factors and price. To ensure the continuous availability of reliable sources of supply, the offeror who is selected as the best value for Zone 1 will be eliminated from competition on Zone 2. The contract for Zone 2 will be awarded to the remaining offeror whose proposal is most advantageous to the Government considering non-price evaluation factors and price. In the event that the offeror who is selected as the best value for Zone 1 is determined to have submitted the only acceptable offer for Zone 2, the same vendor may be awarded both Zone 1 and Zone 2. The resultant contracts will include backup supplier provisions that will require the awardee for each zone to provide support for the other zone, should either awardee be rendered unable to support the contract during the period of performance – for additional details, see solicitation page 30, paragraph 18, Backup Supplier.

6. The Government intends to evaluate proposals and make award without discussions with the offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. However, the Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. 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

SOLICITATION NO. SPE8E319R0001 Page 8 of 101

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.

7. The Government reserves the right to make any portion(s) of the successful proposal(s) that exceed the requirements of the solicitation a contractual requirement at the time of award. Upon award, the final proposed acquisition prices for the PEL items will become fixed ceiling prices for the two-year base period and the two, eighteen-month option periods. TLS PVs may not provide price quotes that exceed the fixed ceiling prices during contract performance, either at the time the order is placed, or as a post-award change request.

8. The Government guarantees that it will order a quantity of supplies and incidental services having a minimum, aggregate dollar value of $3,750,000 during the two-year base period against the Zone 1 contract resulting from this solicitation. The Government guarantees that it will order a quantity of supplies and incidental services having a minimum, aggregate dollar value of $2,500,000 during the two-year based period against the Zone 2 contract resulting from this solicitation. At the time when the aggregate value of all delivery orders equals the guaranteed minimum, the guaranteed minimum will have been met, and the Government’s obligations with regard to the guarantee will have been satisfied.

9. The maximum dollar value for the MRO TLS PV Zone 1 contract is $562,500,000.00. The maximum dollar value for the MRO TLS PV Zone 2 contract is $375,000,000.00. The maximum dollar values account for surge and sustainment requirements in the event of contingencies, potential new customers, and the variety of items that may be ordered due to enhanced technology and/or customer needs.

10. A Surge and Sustainment Plan/Capability Assessment Plan is not required for this procurement. There are no surge requirements for any items included in either PEL at the time of this solicitation. Therefore, although Surge and Sustainment Plan clauses are still contained in this solicitation, offerors are not required to submit a Surge and Sustainment Plan at this time. In the event that a surge item is added to the PEL during the pre-award stage or after an award is made, the offeror and/or awardee may be required to submit a Surge and Sustainment Plan/Capability Assessment Plan, which will be provided at no additional cost to the Government.

11. The resultant contracts will be Indefinite Delivery/Indefinite Quantity Contracts with base ordering periods of two years, which include a sixty (60) day ramp-up or implementation period, if needed, after award. The resultant contracts will contain a provision for the exercise of unilateral options on the part of the Government. Options will be exercised unilaterally, unless otherwise directed by the Contracting Officer. The exercise of these options will extend the term of the contract for up to two, successive, option periods of eighteen-months each. The exercise of options by the Contracting Officer is addressed in the clause at FAR 52.217-9 entitled “Option to extend the term of the contract.” Acceptance of this clause is mandatory. Therefore, submission of a proposal/offer shall be deemed to constitute the offeror’s assent to and offer of the option provision.

12. Offerors are advised that the Preference for Certain Domestic Commodities/Berry Amendment, Trade Agreements Act, and Buy American Act Restrictions apply to the resulting contracts, depending on the items requested by the ordering activities. Additionally, there are other procurement restrictions set forth the in the regulations that may apply to specific products (example – restriction on purchasing articles on the United States Munitions List). Contractors must be aware of which provisions apply at the time they submit their offers and quotations, and must comply with those provisions throughout the period of contract performance. Any deviations from the applicable sourcing restrictions without prior written approval from the Contracting Officer will be considered a material defect, SOLICITATION NO. SPE8E319R0001 Page 9 of 101 material non-conformance, and breach of contract, for which the Government may exercise any and all available remedies, including those set forth at FAR 52.212-4(a), at the discretion of the Contracting Officer. Any such deviations may be expected to result in the assertion of a Government demand and claim for repayment from the awardee in the amount deemed necessary by the Contracting Officer to fully compenstate the Government.

13. Payment Terms: Fast Pay will be utilized for delivery orders issued under the resulting contract for orders valued less than $150,000.00. A quarterly audit will be conducted on a sample of Fast Pay orders to ensure that valid proof of delivery (POD) is being obtained during contract performance. Prompt Pay will be utilized for all delivery orders valued at or above $150,000.00. DLA Troop Support anticipates using carrier data provided in the 856 Advance Shipping Notice EDI transaction set and/or PODs provided by the contractor to facilitate prompt payment.

14. Wide Area Work Flow (WAWF): For purposes of receiving payment for material shipments (orders), the accepted electronic form for submission of payment requests and receiving reports is Wide Area Work Flow (WAWF). The awardee shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange (EDI), Secure File Transfer Protocol, or World Wide Web input. WAWF is available on the Internet at https://wawf.eb.mil/. In addition, WAWF guidance is available from the DLA Troop Support WAWF team via email inquiry at TroopSupportWAWFteam@dla.mil. Refer to DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports, as incorporated by reference into this solicitation.

Note – Payment requests and receiving reports can be submitted through the 810 Invoice transaction, should WAWF not be available. Unless otherwise directed during contract performance, invoicing for the MRO TLS PV contract will be at the line item level. There should be a corresponding invoice line for each line on the 855/850 once the line has been shipped. It is critical to maintain the same line item number between the 855/850 and the 810. For example, if the item was listed as line item number 1 on the 855/850 Purchase Order transaction, it must be listed as line item number 1 on the 810 Invoice transaction. The Government’s processing system, known as DLA Enterprise Business Systems (EBS), will be matching price and quantity per line item, along with the customer’s Material Receipt Acknowledgement (MRA) to make payment.

15. The MRO TLS PV Program is designed to supply commercial items using commercial item descriptions. To the maximum extent practicable, any products that belong to 8(a), Federal Prison Industries, or ABILITY ONE programs will not be included in the MRO TLS PV Program. These items will be procured through normal requirement systems.

16. During contract performance, for line items quoted in the Japanese or Korean currencies, the exchange rate will be based on the OANDA exchange rate in effect on the day (Japan date for Zone 1, and Korea date for Zone 2) that DLA approves the delivery order (www.oanda.com).

17. Proposals: Proposals must be prepared and submitted in three (3) volumes in accordance with the Addendum to FAR 52.212-1 section entitled “Special Instructions for the Submission of Proposal Information” for each Zone on which an offer is being submitted. Volume I shall consist of the non-price proposal, which must be devoid of all reference to cost or price. Volume II shall consist of the price proposal in the format provided on Attachment 1 and Attachment 2. Volume III shall consist of the offeror’s signed copies of the SF 1449, amendments (if applicable), the completed fill-ins and https://wawf.eb.mil/ mailto:TroopSupportWAWFteam@dla.mil http://www.oanda.com/

SOLICITATION NO. SPE8E319R0001 Page 10 of 101 certifications required by the solicitation in FAR 52.212-3 (see Attachment 5), the offeror’s subcontracting plan (if required), and the SAM Certification (described below).

18. Facsimile and email offers are not acceptable forms of transmission for initial proposals. If directed by the Contracting Officer, facsimile and email may be used during discussions/negotiations, if held, and for proposal revisions, including Final Proposal Revisions.

19. The Government reserves the right to cancel this solicitation at any point or time as deemed necessary by the Contracting Officer. If this should occur, the Government will not be liable for an offeror’s solicitation preparation costs or any other such related costs incurred. If only one offer is received in response to this solicitation, the Government will cancel and resolicit this requirement to allow additional time for receipt of offers.

20. All questions and requests for clarification regarding this solicitation must be submitted to the Contracting Officer by no later than 5:00 PM EDT on Monday, September 9, 2019. Questions received after that date and time will not be answered. Those questions submitted prior to that date and time will be answered to the extent practicable thereafter by amendment to the solicitation.

21. In accordance with FAR 52.225-25, each offeror must certify that the offeror or any person owned or controlled by the offeror does not engage in any activity for which sanctions may be imposed under section 5 under the Iran Sanctions Act. Each offeror shall update its SAM certifications and/or by submission of an offer make the above certification (see FAR 52.212-3).

22. For the purposes of this solicitation and any resultant contract, the term “day” means a calendar day unless otherwise specified.

23. The term Contractor, as used throughout this solicitation, is synonymous with the terms awardee, offeror, prime vendor, or vendor.

24. CONTRACTOR CODE OF BUSINESS ETHICS (FEB 2012) FAR 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. The awardee shall submit a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for failure to promptly disclose and findings to the government in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733).

This solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT. The contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct;

promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act

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(31 U.S.C. 3729-3733). The contractor must provide a copy of its written code of business ethics and conduct to the Contracting Officer upon request.

25. NOTICE TO POTENTIAL CONTRACTORS – MILITARY EXTRATERRITORIAL

JURISDICTION ACT OF 2000, PUBLIC LAW 106-523: The Military Extraterritorial Jurisdiction Act of 2000 amended Title 18, US Code (the “Act”), establishes Federal jurisdiction over certain criminal offenses committed outside the United States by persons employed by or accompanying the Armed Forces outside the United States, and certain other persons.

The regulations implementing the Act define persons employed by the Armed Forces outside the United States as civilian employees of the Department of Defense, Department of Defense contractors (including subcontractors at any tier), and employees of a Department of Defense contractor (including subcontractors at any tier) when that person is present or resides outside the United States in connection with such employment and is not a national of or ordinarily a resident in the host nation. Persons accompanying the Armed Forces include the dependents of these individuals. Command sponsorship of the dependent is not required for the Act to apply. Third country nationals may also be subject to the provisions of the Act depending on the circumstances.

The Act grants the United States criminal jurisdiction over persons covered by the Act if they engage in conduct that would constitute an offense punishable by imprisonment for more than one year if the conduct had occurred within the territorial jurisdiction of the United States.

(END OF CAUTION NOTICE)

STATEMENT OF WORK

1. Scope

a. The contractor shall provide the full range of maintenance, repair, and operations (MRO) supplies and services defined within the section entitled, “Product Support” below, to military installations, other Federal Agencies and Departments, and other authorized customers throughout Zone 1 or Zone 2, as applicable. These maintenance, repair, and operations requirements are sometimes referred to as “facilities maintenance,” “facilities sustainment,” or “public works” program projects. They will be satisfied by the contractor, under an Indefinite Delivery, Indefinite Quantity (IDIQ) contract with a base ordering period of two years and up to two, eighteen-month option periods, which may be unilaterally exercised by the Government to extend the period of performance.

b. Subject solicitation is for the Pacific Region, which is divided into Zone 1 and Zone 2. Zone 1 is hereby defined as Japan, Okinawa, Singapore, Diego Garcia, the Philippines, and Thailand. Zone 2 consists of the Republic of Korea (ROK) (South Korea).

c. The activities listed in Attachment 3 are currently ordering through the MRO Program for Zone

1 and Zone 2. During the term of these contracts and any subsequent option periods exercised, DLA Troop Support reserves the right to add or delete ordering activities at no cost to the Government. Any such additions or deletions made by DLA Troop Support may result in a significant increase or decrease in the Government’s contract estimate.

2. Product Support

a. The scope of the resultant contract will include the purchase of all items associated with the

SOLICITATION NO. SPE8E319R0001 Page 12 of 101 maintenance, repair, and operations of a facility that are managed or authorized for procurement by DLA. The scope includes, but is not limited to:

i. Heating, ventilation, and air conditioning (HVAC) supplies;

ii. Plumbing supplies (including bath and shower items and ablution units);

iii. Electrical products (including generators, wire/cable, connectors, sockets, outlets, lights, etc.);

iv. Tools of various kinds;

v. Chemical, lubricating, and rubber products and products including the same;

vi. Construction supplies (including, but not limited to, cement, lumber, plywood, bricks, blocks, steel, aluminum, metal products, and conduits);

vii. Pre-fabricated structures to include re-locatable buildings (RLBs);

viii. Perimeter security items, such as barriers, barbed wire, concertina wire, and sand bags;

ix. Communication devices, such as walkie-talkies and two-way radios, used by the maintenance personnel;

x. Appliances (excluding food service equipment);

xi. Janitorial and sanitation products;

xii. Various other commercial supplies required by the war-fighters to accomplish their mission as it relates to facilities maintenance or sustainment; AND

xiii. Incidental commercial, facilities maintenance services.

b. The contractor must be able to supply all product types listed above, as well as all of the items in the associated Price Evaluation List (PEL), in the Price Proposal Spreadsheets for the respective Zone. The PELs constitute non-exhaustive, illustrative lists of the types of supplies that will potentially be ordered under the resultant contracts.

c. All items are commercial or modified commercial products that shall, to the maximum extent practicable, be identified by the manufacturer’s part number, commercial item description, or by a technical specification or drawing. All items are to conform to the manufacturer’s specifications.

d. The contractor may be asked to perform incidental commercial services under the contract. Such services engage the time and effort of the contractor to perform an identifiable task incidental to its furnishing of an end item of supply. Performing such incidental services does not change the primary purpose of the contract from a supply to a service contract. What constitutes an incidental service is fact specific and will be a function of factors such as the type of service, amount charged for the service, amount charged for the supplies, existence of a close relationship between the service and the item supplied, and the time required to perform the service.

Incidental services shall, to the maximum extent practicable, be requested at the same time that the item of supply is ordered. Whether a service is truly incidental will be determined be the Contracting Officer prior to order placement. The supplies component of an order and the incidental service component of an order may be fulfilled through different subcontractors, if doing so is in the best interest of the Government. Construction services do not fall within the scope of this contract. The Contracting Officer will determine whether a service is within the scope of the resultant contract before a quote for the requirement is provided to the ordering activity. All quotes involving incidental services must contain a detailed description of the services being performed.

e. Included within the range of items covered are items that might not routinely be used in the

MRO arena, but, for reasons within the discretion of the Contracting Officer, have been

SOLICITATION NO. SPE8E319R0001 Page 13 of 101 determined acceptable to meet the ordering activity’s MRO requirements:

Example: While large shipping containers are normally used for transportation purposes, an ordering activity may need to use them as temporary storage facilities during a maintenance, repair, and operations project. The intended purpose would place such containers within the scope of this contract.

Example: While items like forklifts and cranes are typically supported through DLA Troop Support’s Heavy Equipment Purchasing Program (HEPP), if HEPP is unable to support the requirement, these items may be supported under the MRO contract.

f. The contractor may provide a substitute, different brand name, or generic product for the specified product only with prior approval from the ordering activity. If the ordering activity does not approve the deviation in advance, the order may be cancelled at no cost to the Government, and the costs of return shipping may be assessed against the contractor.

Additionally or alternatively, the Government may exercise any and all remedies available to it under the terms of this contract, including those identified under FAR 52.212-4(a). If the order is cancelled after DLA approval of the initial order, this cancellation shall be noted in the TLS PV’s monthly fill rate report further described in paragraph 17(h).

g. The Government has the right to procure new product lines considered to be within the scope of the resultant contract that are authorized or assigned for management by DLA during the period of performance of the resultant contracts.

h. Domestic Sourcing Plan. The Contractor must have a plan for monitoring suppliers’ compliance with all of the domestic sourcing restrictions contained in the contract, including, but not limited to: the Trade Agreements Act, Preference for Certain Domestic Commodities/Berry Amendment, Restriction on Acquisition of Specialty Metals, Restriction on Acquisition of Carbon, Alloy and Armor Steel Plate, Restrictions on Certain Foreign Purchases, and Restriction on Acquisition of Hand or Measuring Tools. Offerors are advised that the requirements of the Trade Agreements Act generally apply to all items and delivery orders under the MRO contracts.

The plan must detail how all products supplied will comply with all source restriction requirements regarding material component(s), country of origin, and place of manufacture. The plan must include how this process will be communicated with suppliers (as well as product manufacturers and any other relevant participants in the supply chain) and how the contractor will assess and ensure that the supplies delivered will comply with the source restriction requirements of any resultant contract issued under this solicitation. The plan must state what actions will be taken in the event that items delivered to the customer are subsequently found to be in violation of the source restriction requirements. The plan must include procedures to confirm the source of the material, audit procedures, flow-down clauses, and remedies. The contractor must provide evidence demonstrating compliance with its plan, as well as the aforementioned domestic sourcing restrictions, upon request. The plan is subject to regular and random audits by the Government. Violations detected during performance could result in Government refusal of material, non-payment to the contractor for the non-conforming items, the issuance of demands for repayment of the value of nonconforming items, and documentation in the contractor’s annual Contractor Performance Assessment Reporting System (CPARS) report, among other remedies, as provided for under the resultant contract and applicable regulations.

3. Implementation Plan

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a. The implementation period (or ramp-up period) for the contracts resulting from this solicitation is a maximum of 60 calendar days beginning at the effective date of the contract as listed in Block 3 of Standard Form 1449. The contractor is expected to begin filling customer orders before the end of the 60-day implementation period.

b. The contractor is required to provide its implementation plan to DLA Troop Support by no later than the seventh calendar day after issuance of the award. Failure to do so will be documented in the contractor’s annual CPARS report.

c. Ramp Down. In the event that a follow-on contract is awarded to a firm other than the incumbent TLS PV, the Government intends to: (i) make award at least 60 days prior to the expiration date of the incumbent contract and (ii) establish a time phased transition schedule during the incumbent contractor’s final thirty (30) days of operation. During the implementation period, the incumbent TLS PV will remain the principal source of supplies and services provided under the MRO TLS PV Program. Performance failure during this period may result in termination of the resultant contract for cause. The order of precedence for customer support is

(1) the incumbent TLS PV (2) the new TLS PV. The incumbent TLS PV must facilitate the transition to the maximum extent practicable.

4. Information Technology

a. Order Flow

i. The TLS PV shall allow ordering activities and/or DLA Troop Support to place orders directly or request a quote. The TLS PV must provide phone, facsimile, email, web-based, and/or eBusiness communications approaches. The Contractor must have the ability to make adjustments to and cancel orders via each of these methods. Each order, adjustment to order, or cancellation of order shall be acknowledged by the Contractor within twenty-four (24) hours of issuance.

1. All new customers/activities/facilities must be vetted by DLA Troop Support before ordering under the contract and must have a valid DoDAAC.

2. Quotes provided to the customer and orders submitted shall be at the fully burdened price. The Fully burdened price consists of the contractor’s delivered price (acquisition price for each delivery order + applicable distribution fee) and the DLA Troop Support Cost Recovery Rate (CRR) of 3.9%.

3. Customers will order using either MILSTRIP, MIPR, or Direct Funds Citation.

a. A MILSTRIP is issued in accordance with Military Standard

Requisitioning and Issuing Procedures and will include a fourteen (14) position document number and a two (2) position fund code.

b. A MIPR is a Military Interdepartmental Purchase Request.

• Customers ordering via MIPR must first submit their MIPR to DLA Troop Support prior to placing the order with the contractor. Customers must follow this process for each new MIPR used. Customers may contact the TLS PV for quotes or estimates in order to determine the amount of funding to include on their MIPR.

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• Once the MIPR has been approved and uploaded by DLA Troop Support, both the customer and contractor will receive a copy of the MIPR (DD 448) and the MIPR Acceptance (DD 448-2), which will include the MIPR Code.

• The contractor is contractually obligated to ensure that the MIPR funds and expiration dates are not exceeded.

• To the greatest extent possible, the contractor shall ensure, through engagement with the customer, that orders against accepted MIPRs are placed within 120 days of MIPR acceptance.

c. Direct Funds Citation letters may be used by other DLA Major Subordinate Commands (MSCs) or other Federal Agencies in lieu of a MILSTRIP requisition or MIPR.

4. The contractor shall assign an individual Procurement Instrument Identifier (PIID) to each order at the time of placement. The contractor shall transmit the base contract number and the PIID, a 13-character identifier that uniquely identifies each order. The PIID will consist of the MRO Program’s DoDAAC (SPE8E3), a 2-digit numerical identifier for the fiscal year in which the order was placed, a single alphabetical procurement instrument indicator (F), and a four-digit unique alphanumeric serial number. A range of acceptable combinations for the last four characters will be provided to the contractor after award.

5. At a minimum, the “Order Acknowledgement” shall reference whether the order is routine or emergency, and shall include a line item number, item identification and part number, quantity ordered, quantity to be delivered, unit of issue, burdened unit price, MILSTRIP requisition number or MIPR number and code, PIID, and, if necessary, a job order number and/or work center.

6. The TLS PV’s web page shall include an electronic catalog of items to include pricing. The listing shall initially include the Price Evaluation List items specified in award. The electronic catalog must provide search capability based on item description, manufacturer, and part number (at a minimum). The contractor shall continuously update this catalog throughout contract performance. The TLS PV’s eBusiness system must also include the information required by the Contracting Officer to determine pricing fair and reasonable, determine scope, and ensure compliance with the domestic sourcing restrictions. At a minimum, this includes name, quoted price, and quoted lead time of the proposed awardee; name, quoted price, and quoted lead time of the competitive supplier; pricing obtained from market research and source of market research (if applicable); the statement of work for orders including incidental services; and country of origin of the material being ordered.

ii. The TLS PV will submit each order to DLA Troop Support via EDI using American

National Standards Institute ANSIX12 855 Transaction Standard Purchase Order Acknowledgement. The Transaction will be loaded into the KO Portal (Contracting Officer’s Portal) for continued processing, validation, and approval by the Contracting Officer.

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iii. DLA Troop Support will approve/disapprove orders through the KO Portal. The

TLS PV is not authorized to perform until the order is approved.