SF30_SPE8E323R00010001.PDF

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

See Block 14

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SPE8E3 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

CODE FACILITY CODE

SPE8E323R0001

X

2023 JUL 10

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

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

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

E. IMPORTANT: Contractor is not, X is required to sign this document and return 1 copies to issuing office.

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

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

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

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

16B. UNITED STATES OF AMERICA15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

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

(a) By completing Items 8 and 15, and returning

DLA TROOP SUPPORT

CONSTRUCTION & EQUIPMENT (MRO II)

700 ROBBINS AVENUE

PHILADELPHIA PA 19111-5096

15C. DATE SIGNED 16C. DATE SIGNED

D. OTHER (Specify type of modification and authority)

8/10/2023

3. EFFECTIVE DATE

See Attached Continuation Sheet(s).

(X)

CHECK ONE

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

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

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CONTINUED ON NEXT PAGE

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SPE8E323R0001 - 0001

AMENDMENT 0001 INCLUDES THE FOLLOWING:

1. Questions submitted by interested parties and the Government responses.

2. Changes incorporated into the Solicitation.

3. Revised Price Evaluation List (PEL) (Attached)

In accordance with CAUTION NOTICE (#22) located on Page 16 of the Solicitation, the following clarifications to interested party questions are hereby incorporated:

1. The pricing sheet has only a column for acquisition price, but not additional column for the other charges (transportation, etc). Will a change to the price sheet format be forthcoming.

Response: A change to the price sheet format will not be forthcoming regarding this inquiry. PEL unit prices are inclusive of both the acquisition price, transportation costs, and the “other costs” component. The “other costs” component is defined as costs associated with supplier/TLS vendor costs for consolidating, shipping and handling; sea, air and/or ground transportation costs; all export and import customs documentation required to transport material to the customer location outside of the USA territory, including, but not limited to: Manifests, Inspection Certifications, and Transportation Documents; the TLS vendor fee; and any other applicable taxes and fees. On instances where the acquisition price includes freight/transportation and/or drop shipping costs to the customer’s location, the Other Costs price SHALL NOT include any associated freight/transportation costs. The prices offered shall not include the DLA Troop Support cost recovery rate. DLA Troop Support will not consider quantity tiers/ranges.

The Continuation of Blocks from SF 1449 # 5 Continuation of Blocks 19-22: Schedule of Supplies/Services, letter C Pricing #2 is hereby revised as follows:

Base Period and Option Period Prices: Prices supplied for exact items or acceptable alternate common items on the Price Evaluation List of 93 items will be used for evaluation purposes, and if determined fair and reasonable, will be awarded as firm-fixed ceiling prices. The fixed prices will constitute a Not to exceed CEILING PRICE for the first SIX MONTHS* of the BASE PERIOD (3-year term) and the first SIX MONTHS* of each OPTION TERM (two (2) one-year terms) for each destination (Camp Arifjan, Kuwait and Isa Air Base, Bahrain) on any resultant contract for the MRO CENTCOM Tailored Logistics Support Program.

*Prices offered for the items on the Price Evaluation List and prices offered for alternate items accepted by the Government will be awarded as firm-fixed ceiling prices for the first six months of the base period and first six months of each one-year option period for each destination. However, those items designated as subject to more price volatility will have the pricing fixed as a ceiling price for the first three months of the base period and the first three months of each one-year option period for each destination. PEL unit prices are inclusive of both the acquisition price, transportation costs, and the “other costs” component. The acquisition price is defined as the actual invoice price of the product that the prime vendor pays its sub-contractor or supplier for the material ordered under a contract line item, less the value of any rebates, discounts, payments, fees, and/or remittances of any kind received by the prime vendor from its subcontractor(s) or supplier(s) in connection with its fulfillment of that contract line item. The acquisition price shall not include the value of any markups, fees, charges, or other costs imposed upon the prime vendor by any affiliate(s) (see FAR 2.101) of the prime vendor above and beyond what the affiliate entity pays its supply source. In the case of an awardee that is a joint venture, the acquisition price shall be fixed at the lowest price available to the joint venture or any of its constituent entities and shall not include a) the value of any markups, fees, charges, or other costs imposed upon the joint venture by its constituent entities or any affiliate(s) (see FAR 2.101) of its constituent entities, or b) the value of any markups, fees, charges, or other costs imposed upon the joint venture’s constituent entities by any affiliate(s) (see FAR 2.101) of its constituent entities. The “other costs” component is defined as costs associated with supplier/TLS vendor costs for consolidating, shipping and handling; sea, air and/or ground transportation costs; all export and import customs documentation required to transport material to the customer location outside of the USA territory, including, but not limited to: Manifests, Inspection Certifications, and Transportation Documents; the TLS vendor fee; and any other applicable taxes and fees. On instances where the acquisition price includes freight/transportation and/or drop shipping costs to the customer’s location, the Other Costs price SHALL NOT include any associated freight/ transportation costs. The prices offered shall not include the DLA Troop Support cost recovery rate. DLA Troop Support will not consider quantity tiers/ranges.

Note: Contractors are encouraged, when competing for delivery orders, to provide a quote less than their ceiling price.

FAR 52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) PRICE PROPOSAL EVALUATION #2, paragraph 3, is hereby revised as follows:

PEL unit prices are inclusive of both the acquisition price, transportation costs, and the “other costs” component.

The acquisition price is defined as the actual invoice price of the product that the prime vendor pays its sub-contractor or supplier for the material ordered under a contract line item, less the value of any rebates, discounts, payments, fees, and/or remittances of any kind received by the prime vendor from its subcontractor(s) or supplier(s) in connection with its fulfillment of that contract line item. The acquisition price shall not include the value of any markups, fees, charges, or other costs imposed upon the prime vendor by any affiliate(s) (see FAR 2.101) of the prime vendor above and beyond what the affiliate entity pays its supply source. In the case of an awardee that is a joint venture, the acquisition price shall be fixed at the lowest price available to the joint venture or any of its constituent entities and shall not include a) the value of any markups, fees, charges, or other costs imposed upon the joint venture by its constituent entities or any affiliate(s) (see FAR 2.101) of its constituent entities, or b) the value of any markups, fees, charges, or other costs imposed upon the joint venture’s constituent entities by any affiliate(s) (see FAR 2.101) of its constituent entities. The “other costs” component is defined as costs associated with supplier/TLS vendor costs for consolidating, shipping and handling; sea, air and/or ground transportation costs;

all export and import customs documentation required to transport material to the customer location outside of the USA territory, including, but not limited to: Manifests, Inspection Certifications, and Transportation Documents; the TLS vendor fee; and any other applicable taxes and fees. On instances where the acquisition price includes freight/ transportation and/or drop shipping costs to the customer’s location, the Other Costs price SHALL NOT include any

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SPE8E323R0001 - 0001

associated freight/transportation costs. The prices offered shall not include the DLA Troop Support cost recovery rate. DLA Troop Support will not consider quantity tiers/ranges.

2. Can you provide the total number of task orders released and awarded since the start of the current contract?

Response: The Contracting Officer estimates, based on an analysis of historical data for the current CENTCOM contracts, that the annual estimated number of delivery order lines was 243 and the annual estimated number of delivery locations was 40. THIS INFORMATION IS A GOOD FAITH ESTIMATE ONLY AND IS IN NO WAY A GUARANTEE THAT THESE FIGURES REPRESENT WHAT WILL BE REQUIRED UNDER ANY CONTRACT(S) RESULTING FROM THIS SOLICITATION.

3. SPE8E3-23-R-0001 MRO CENTCOM SOLICITATION.pdf (Page 4. Block 9). Email offers are also authorized for the receipt of initial proposals. Clarification: Please confirm no hard copy submission is required. Email submission in four volumes is accepted for initial proposal.

Response: The DLA Internet Bid Board System (DIBBS) electronic upload is the preferred method of proposal submission.

Email offers are also authorized for the receipt of initial proposals. Mailed offers, hand-carried offers and facsimile offers are NOT authorized for receipt of initial proposals. However, in the event of solicitation, amendments, clarifications and/or negotiations, revisions to the initial proposal may be authorized via mailed offers, hand-carried offers, facsimile, and/or email responses at the Contracting Officer's discretion. If the offeror is unable to timely upload its’ proposal in DIBBS or timely email its’ submission for any reason, this will not constitute an acceptable excuse to submit a late offer.

4. SPE8E3-23-R-0001 MRO CENTCOM SOLICITATION.pdf (Page 38. First Paragraph) “Pricing shall be FOB destination pricing, and shall account for all components of pricing to include material price, transportation, overhead, distribution, etc.” The delivery terms requested for PEL is FOB Destination (North American standard) which is equivalent of Incoterms DAP. Based on previous MRO experience, duty exemption was provided by end customer at the time of clearance from port. Since duty accounts for an additional 5% on product plus freight, this $ value is substantially higher for high value products such as “Fuel Storage Tank (Line#54)”. Please advise if we should quote PEL Unit price with or without duty exemption for all lines.

Response: The acquisition price is defined as the actual invoice price of the product that the prime vendor pays its sub-contractor or supplier for the material ordered under a contract line item, less the value of any rebates, discounts, payments, fees, and/or remittances of any kind received by the prime vendor from its subcontractor(s) or supplier(s) in connection with its fulfillment of that contract line item. The acquisition price shall not include the value of any markups, fees, charges, or other costs imposed upon the prime vendor by any affiliate(s) (see FAR 2.101) of the prime vendor above and beyond what the affiliate entity pays its supply source. In the case of an awardee that is a joint venture, the acquisition price shall be fixed at the lowest price available to the joint venture or any of its constituent entities and shall not include a) the value of any markups, fees, charges, or other costs imposed upon the joint venture by its constituent entities or any affiliate(s) (see FAR 2.101) of its constituent entities, or b) the value of any markups, fees, charges, or other costs imposed upon the joint venture’s constituent entities by any affiliate(s) (see FAR 2.101) of its constituent entities. The “other costs” component is defined as costs associated with supplier/TLS vendor costs for consolidating, shipping and handling; sea, air and/or ground transportation costs;

all export and import customs documentation required to transport material to the customer location outside of the USA territory, including, but not limited to: Manifests, Inspection Certifications, and Transportation Documents; the TLS vendor fee; and any other applicable taxes and fees. On instances where the acquisition price includes freight/ transportation and/or drop shipping costs to the customer’s location, the Other Costs price SHALL NOT include any associated freight/transportation costs. The prices offered shall not include the DLA Troop Support cost recovery rate. DLA Troop Support will not consider quantity tiers/ranges.

5. SPE8E3-23-R-0001 MRO CENTCOM SOLICITATION.pdf (Page 77. FACTOR I – PAST PERFORMANCE) “Provide a brief performance record for no more than three (3) contracts/accounts with performance occurring at some point within the three (3) calendar years preceding the initial issuance date of the solicitation with requirements similar to the requirements of this solicitation in terms of dollar value, contract length, contract type, number and location of delivery points, number of customers supported, variety of items provided, and volume of delivery orders.” (A) We handle a wide range of Food and Non-Food products with cross-country supply chain management. Can we include our Food Supply contract to support our consolidation and distribution experience across multiple countries. (B) In the last two years, business has been affected due to COVID disruptions, reducing the actual value of awards far below estimated contract volume.

Please advise if contract estimates can be considered along with actual value for past performance evaluation.

Response:

(A) DLA cannot provide any additional guidance at this time other than the existing language in Factor I-Past Performance on Page 77.

(B) For each contract/account submitted, the offeror shall provide the following information: (i) Actual unburdened annual sales for each year of performance. Estimates or contract maximums are not acceptable.

6. SPE8E3-23-R-0001 MRO CENTCOM SOLICITATION.pdf (Page 89. Second Paragraph)

“In addition to the information submitted by the offeror, the Government may evaluate relevant information obtained from customer surveys, information obtained from interviews with customers or contract/account administrators, and information from other sources available to the Government, such as the Supplier Performance Risk System (SPRS), the Contractor Performance Assessment Reporting System (CPARS), the Federal Awardee Performance and Integrity Information System (FAPIIS), the Electronic Subcontracting Reporting System (eSRS), the Joint Contingency Contracting System (JCCS), or other databases; interviews with Program Managers, Contracting Officers, and the Defense Contract Management Agency.” We were one of the primes of MRO CENTCOM Contract for Solicitation no. SPE8E318R0010. However, following the end of base period an extension was not awarded citing concerns in CPARs comments of a separate contract. Considering the non-extension, please confirm if we are eligible and can participate in the SPE8E3-23-R-0001

MRO CENTCOM SOLICITATION.

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SPE8E323R0001 - 0001

Response: In order to submit an offer, please follow the instructions in the Solicitation. The Contractor Performance Assessment Reporting System (CPARS) is a system for recording and maintaining contractor performance information.

CPARS does not preclude a vendor from submitting a proposal.

7. I need to clarify that Acquisition price means our cost from the vendor which excludes shipping price to our warehouse and shipping to the customer and any other associated fees plus mark ups correct? So basically, it is only my cost from the vendor?

Response: The acquisition price is defined as the actual invoice price of the product that the prime vendor pays its sub-contractor or supplier for the material ordered under a contract line item, less the value of any rebates, discounts, payments, fees, and/or remittances of any kind received by the prime vendor from its subcontractor(s) or supplier(s) in connection with its fulfillment of that contract line item. The acquisition price shall not include the value of any markups, fees, charges, or other costs imposed upon the prime vendor by any affiliate(s) (see FAR 2.101) of the prime vendor above and beyond what the affiliate entity pays its supply source. In the case of an awardee that is a joint venture, the acquisition price shall be fixed at the lowest price available to the joint venture or any of its constituent entities and shall not include a) the value of any markups, fees, charges, or other costs imposed upon the joint venture by its constituent entities or any affiliate(s) (see FAR 2.101) of its constituent entities, or b) the value of any markups, fees, charges, or other costs imposed upon the joint venture’s constituent entities by any affiliate(s) (see FAR 2.101) of its constituent entities. The “other costs” component is defined as costs associated with supplier/TLS vendor costs for consolidating, shipping and handling; sea, air and/or ground transportation costs;

all export and import customs documentation required to transport material to the customer location outside of the USA territory, including, but not limited to: Manifests, Inspection Certifications, and Transportation Documents; the TLS vendor fee; and any other applicable taxes and fees. On instances where the acquisition price includes freight/ transportation and/or drop shipping costs to the customer’s location, the Other Costs price SHALL NOT include any associated freight/transportation costs. The prices offered shall not include the DLA Troop Support cost recovery rate. DLA Troop Support will not consider quantity tiers/ranges.

8. Some of the products on the PEL are not TAA Compliant/Berry Compliant so the products will have to be removed? As it needs to meet TAA Compliant/Berry Compliant as per the solicitation requirement.

Response: This question is not clear/specific enough for DLA Troop Support to provide a sufficient response.

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 in the regulations that may apply to specific products. Note that for this procurement the Trade Agreements Act will apply to all contracts awarded.

Contractors must be aware of which provision applies at the time that they submit their offer and quotations and must comply with those provisions throughout the period of contract performance. It should also be noted that Offerors may offer alternate items; however, the offeror must provide a complete technical data package for both the alternate item being offered as well as the exact item on the PEL for purposes of comparison, to demonstrate their equivalence in form, fit, and function. If the item is determined equal in form, fit, and function to the item on the PEL, it will be accepted and counted toward the minimum 95% requirement. Determinations as to whether or not alternate items offered will be technically acceptable for the purposes of particular requirements will be made at the sole discretion of the Government. Alternate items determined unacceptable will not count towards the 95% minimum of PEL items required to be priced and will not be evaluated. Offerors are cautioned that if an item submitted as an alternate is not found to be acceptable by the Government and the pricing proposal does not include pricing for at least 95% (88 items) of the 93 items listed on the Price Evaluation List or acceptable alternates, then its offer may not be considered for award.

9. Some of the items are discontinued. Will that need to be removed from the PEL? (LINE ITEM 48 AND 49): Rust-Oleum V2344838, Marking Paint, 20 oz, High Visibility Yellow & V2355838, Inverted Marking Paint: Inverted Paint Dispensing, Fluorescent Orange, 20 oz.

Response: These items are confirmed as discontinued and are hereby removed from the PEL.

10. This manufacturer is located in the United Kingdom, and they are only able to sell to UK customers and do not export their products so how can we support this for MRO CENTCOM? Can this line item be removed? (LINE ITEM 76):

Express Reinforcements KF06103DB25450, Dowel Bar, Mild Steel, Smooth, 25mm x 450mm.

Response: The PEL represents items ordered by current customers of the MRO CENTCOM program. This item will remain on the PEL.

11. Line item 74 - The manufacturer mentioned that: "The product you are asking for is not an OSHA approved cap and has no steel it's a std rebar cap:

Std Mushroom Cap Part#14640-3 500 per box 24"x15"x13 38 lbs a box

OSHA Rebar Caps Part#14640-4 100 per box Made in China 29" x 16" x 10" 49 lbs a box”

So do you need OSHA if yes then it needs to be changed to P/N 14640-4 and it comes with 100 per box. Also, for your information this is made in CHINA. So, will this need to be removed?

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Response: Please quote the original P/N requested, 14640-3. P/N 14640-4 will not be included on the PEL. The item description in the PEL spreadsheet for P/N 14640-3 was updated accordingly and the revised spreadsheet is attached to this Amendment.

12. How many incumbents are currently awarded the MRO CENTCOM? And who are they?

Response: This inquiry does not pertain to the Solicitation.

13. SOW, Section 5, Page 40- States, in part, “The acquisition price is defined as the actual invoice price of the product that the prime vendor pays its subcontractor or supplier for the material ordered under a contract line item, less the value of any rebates, discounts (including prompt payment discounts), payments, fees, and/or remittances of any kind received by the prime vendor from its sub-contractor(s) or supplier(s) in connection with its fulfillment of that contract line item (whether received prior to or after issuance of the delivery order).” (A) As these terms are inconsistent with customary commercial terms and conditions, and this is a FAR Part 12 procurement, has DLA obtained a waiver under FAR 12.302(c) for incorporation of these non-standard commercial terms? (B) The usual and customary business practice for calculating fixed price proposals is to factor in all potential discounts and rebates into pricing in order to offer the most competitive PEL, and then the contractor carries the risk and reward to perform.

Here, the Government appears to be requiring that it shares in financing terms usually allocated solely to the contractor, but none of the risk. (B)(i) If a contractor competing for award factors a prompt payment discount into its proposed price, but then does not receive the prompt payment discount, will the contractor be able to increase its price to reflect its increased cost? (B)(ii) Similarly, if a contractor is charged a late payment fee, rather than receiving a prompt payment discount, can that fee be passed on to the Government?

Response:

The language in Continuation of Blocks from SF 1449 # 5. Continuation of Blocks 19-22: Schedule of Supplies/Services letter C. Pricing # 2, paragraph 2 is hereby revised as follows:

*Prices offered for the items on the Price Evaluation List and prices offered for alternate items accepted by the Government will be awarded as firm-fixed ceiling prices for the first six months of the base period and first six months of each one-year option period for each destination. However, those items designated as subject to more price volatility will have the pricing fixed as a ceiling price for the first three months of the base period and the first three months of each one-year option period for each destination. PEL unit prices are inclusive of both the acquisition price, transportation costs, and the “other costs” component. The acquisition price is defined as the actual invoice price of the product that the prime vendor pays its subcontractor or supplier for the material ordered under a contract line item, less the value of any rebates, discounts, payments, fees, and/or remittances of any kind received by the prime vendor from its sub-contractor(s) or supplier(s) in connection with its fulfillment of that contract line item. The acquisition price shall not include the value of any markups, fees, charges, or other costs imposed upon the prime vendor by any affiliate(s) (see FAR 2.101) of the prime vendor above and beyond what the affiliate entity pays its supply source. In the case of an awardee that is a joint venture, the acquisition price shall be fixed at the lowest price available to the joint venture or any of its constituent entities and shall not include a) the value of any markups, fees, charges, or other costs imposed upon the joint venture by its constituent entities or any affiliate(s) (see FAR 2.101) of its constituent entities, or b) the value of any markups, fees, charges, or other costs imposed upon the joint venture’s constituent entities by any affiliate(s) (see FAR 2.101) of its constituent entities. The “other costs” component is defined as costs associated with supplier/TLS vendor costs for consolidating, shipping and handling; sea, air and/or ground transportation costs; all export and import customs documentation required to transport material to the customer location outside of the USA territory, including, but not limited to: Manifests, Inspection Certifications, and Transportation Documents; the TLS vendor fee; and any other applicable taxes and fees. On instances where the acquisition price includes freight/transportation and/or drop shipping costs to the customer’s location, the Other Costs price SHALL NOT include any associated freight/ transportation costs. The prices offered shall not include the DLA Troop Support cost recovery rate. DLA Troop Support will not consider quantity tiers/ranges.

Note: Contractors are encouraged, when competing for delivery orders, to provide a quote less than their ceiling price.

The Statement of Work, #5 Pricing, letter a. and paragraph a (i) and is hereby revised as follows:

a. Acquisition Price: The acquisition price is defined as the actual invoice price of the product that the prime vendor pays its subcontractor or supplier for the material ordered under a contract line item, less the value of any rebates, discounts, payments, fees, and/or remittances of any kind received by the prime vendor from its subcontractor

(s) or supplier(s) in connection with its fulfillment of that contract line item.

i. The acquisition price shall not include the value of any markups, fees, charges, or other costs imposed upon the prime vendor by any affiliate(s) (see FAR 2.101) of the prime vendor above and beyond what the affiliate entity pays its supply source. In the case of an awardee that is a joint venture, the acquisition price shall be fixed at the lowest price available to the joint venture or any of its constituent entities and shall not include a) the value of any markups, fees, charges, or other costs imposed upon the joint venture by its constituent entities or any affiliate

(s) (see FAR 2.101) of its constituent entities, or b) the value of any markups, fees, charges, or other costs imposed upon the joint venture’s constituent entities by any affiliate(s) (see FAR 2.101) of its constituent entities. If material is Drop shipped, the acquisition price may include freight costs associated with the prime vendor’s supplier delivering the material directly to the customer’s location. If material is delivered via Prime-Vendor (Non-Drop Ship) Supported delivery, the acquisition price SHALL NOT include any freight charges, except for freight costs associated with a prime vendor’s supplier or third-party transportation vendor delivering material to a prime vendor location.

Acquisition prices offered to the Government shall not exceed the commercial selling prices and shipping rates at which the prime vendor’s commercial supplier(s) and/or subcontractor(s) routinely offer the same quantity of their products or services for sale to the general public in the ordinary course and conduct of their businesses. All acquisition prices are subject to verification.

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FAR 52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) PRICE PROPOSAL EVALUATION #2, paragraph 3 is hereby revised as follows:

PEL unit prices are inclusive of both the acquisition price, transportation costs, and the “other costs” component.

The acquisition price is defined as the actual invoice price of the product that the prime vendor pays its sub-contractor or supplier for the material ordered under a contract line item, less the value of any rebates, discounts, payments, fees, and/or remittances of any kind received by the prime vendor from its sub-contractor(s) or supplier(s) in connection with its fulfillment of that contract line item. The acquisition price shall not include the value of any markups, fees, charges, or other costs imposed upon the prime vendor by any affiliate(s) (see FAR 2.101) of the prime vendor above and beyond what the affiliate entity pays its supply source. In the case of an awardee that is a joint venture, the acquisition price shall be fixed at the lowest price available to the joint venture or any of its constituent entities and shall not include a) the value of any markups, fees, charges, or other costs imposed upon the joint venture by its constituent entities or any affiliate(s) (see FAR 2.101) of its constituent entities, or b) the value of any markups, fees, charges, or other costs imposed upon the joint venture’s constituent entities by any affiliate(s) (see FAR 2.101) of its constituent entities. The “other costs” component is defined as costs associated with supplier/TLS vendor costs for consolidating, shipping and handling; sea, air and/or ground transportation costs;

all export and import customs documentation required to transport material to the customer location outside of the USA territory, including, but not limited to: Manifests, Inspection Certifications, and Transportation Documents; the TLS vendor fee; and any other applicable taxes and fees. On instances where the acquisition price includes freight/ transportation and/or drop shipping costs to the customer’s location, the Other Costs price SHALL NOT include any associated freight/transportation costs. The prices offered shall not include the DLA Troop Support cost recovery rate. DLA Troop Support will not consider quantity tiers/ranges.

14. Reporting Requirements, Section 19, Letter (f), Page 62-Tailored Logistics Purchasing Reviews Affirmation:

Annually, the Contractor will provide the affirmation required by Procurement Note C08 Tailored Logistics Support Purchasing Reviews. Because Procurement Note C08 no longer requires the annual affirmation, will DLA remove this requirement?

Response: DLA will not be removing this reporting requirement.

15. Section C - Instructions to Offerors; Page 79, Factor II – Technical Merit, Subfactor (a) Distribution/Delivery.

The introductory paragraph states: “The plan shall include the use of Offeror-owned warehouse and/or consolidation locations in the CENTCOM AOR.” Paragraph (a) states: “This plan shall describe the transportation assets and abilities, consolidation points and warehousing capabilities to execute incoming and outgoing deliveries, including whether those assets and capabilities are organic (owned) or contracted-for (leased, subcontracted, etc.) Will the government confirm leased warehouse and/or consolidation points are acceptable?

Response:

Factor II-Technical Merit, Subfactor (a) Distribution/Delivery on Page 79 is hereby revised as follows:

In accordance with the Statement of Work sections titled, Delivery Requirements” and “Performance Metrics--On-Time Delivery Rate, Fill Rate, Quality Rate, Quote Responsiveness Rate” the Offeror shall provide a distribution/delivery plan that demonstrates a clear understanding of the distribution and delivery requirements. The plan shall describe the Offeror’s resources, such as its’ current business alliances and contractual relationships with transportation service providers, supply and consolidation locations, warehousing resources, and the capability to execute incoming and outgoing deliveries in the CENTCOM AOR. The plan shall include the use of the Offeror’s warehouse and/or consolidation locations in the CENTCOM AOR and a detailed description of the transportation vehicles to be utilized for delivery. This includes access to multiple carriers and modes of transportation (land, sea, and air). The Offeror’s proposal shall describe how it will meet the expected routine (non-emergency) and emergency delivery requirements and the Offeror’s experience managing customs documents and procedures within the CENTCOM AOR. The plan shall indicate that the Offeror will supply the customer’s required items/products and meet required delivery dates, including a discussion on how the Offeror will monitor required metrics, procedures that will prevent recurring delays, and its ability to maintain the contractual requirement of a 90% contractual on-time-delivery rate and a 98% line-item fill rate. Offerors must note whether or not the elements of their plan are already in place.

The Statement of Work, #11 Performance Metrics—On-Time Delivery Rate, Fill Rate, Quality Rate, Quote Responsiveness Rate: (f) is also hereby revised as follows:

The Contractor is required to have a distribution/delivery plan, which is submitted as part of its’ proposal. The plan shall describe the Offeror’s resources, such as its’ current business alliances and contractual relationships with transportation service providers, supply and consolidation locations, warehousing resources, and the capability to execute incoming and outgoing deliveries in the CENTCOM AOR. The plan shall include the use of the Offeror’s warehouse and/or consolidation locations in the CENTCOM AOR and a detailed description of the transportation vehicles to be utilized for delivery. This includes access to multiple carriers and modes of transportation (land, sea, and air). The Offeror’s proposal shall describe how it will meet the expected routine (non-emergency) and emergency delivery requirements and the Offeror’s experience managing customs documents and procedures within the CENTCOM AOR.

The offeror shall provide an explanation of the personnel and resources that it dedicates to monitoring customs, import, and export requirements in the CENTCOM AOR, to include reviewing updates to policy and regulation. The plan shall indicate that the Offeror will supply the customer’s required items/products and meet required delivery dates, including a discussion on how the Offeror will monitor required metrics, procedures that will prevent recurring delays, and its ability to maintain the contractual requirement of a 90% contractual on-time-delivery rate and a 98% line-item fill rate. Offerors must note whether or not the elements of their plan are already in place. The plan shall meet all of the following characteristics:

16. Reporting Requirements, Section 19 Letter (k), Page 62-The Contractor shall provide a quarterly letter to the Contracting Officer certifying all orders are in compliance with Buy American Act, Trade Agreements Act, Preference for Certain Domestic Commodities/Berry Amendment, Appropriations Act Restrictions, and DFARS Clauses 252.225-7008

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SPE8E323R0001 - 0001

Restriction on Acquisition of Specialty Metals, 252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals, 252.225-7010 Commercial Derivative Military Article – Specialty Metals Compliance Certificate, 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools and 252.225-7030 Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate, and that all actions were taken as specified in the plan outlined in their technical proposal package. Additionally, the Contractor shall provide information on the corrective action taken for any situation in which it has become known that the source of materials is inappropriate. (A) Requiring the submission of a quarterly letter certifying compliance with contractual Country of Origin (COO) requirements is duplicative and burdensome to both the contractor and DLA. Because DLA already has access to this information when the contractor submits a quote to DLA for each order, please remove this quarterly requirement. (B) Please clarify that the Trade Agreements Act is the correct COO requirement as opposed to the Buy American Act.

Response:

(A) DLA will not remove this quarterly requirement.

(B) 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 in the regulations that may apply to specific products. Note that for this procurement the Trade Agreements Act will apply to all contracts awarded.

Contractors must be aware of which provision applies at the time that they submit their offer and quotations and must comply with those provisions throughout the period of contract performance.

17. Several CLIN items are currently non-TAA compliant countries. Will DLA please consider removing the following items from the PEL?

• CLIN 8 - Grip-Rite STKR36 – currently made in China

Response: This item is confirmed as non-TAA compliant and is hereby removed from the PEL. A revised PEL is attached to this Amendment.

• CLIN 26 - Grip-Rite 3GCS5 – currently made in China

Response: Research indicates the COO of this item is Taiwan, which is TAA Compliant. This item will remain on the PEL.

• CLIN 33 – Tapcon 24301 – currently made in China

Response: Research indicates the COO of this item is the United States, which is TAA Compliant. This item will remain on the PEL.

• CLIN 67 - Bosch HCFC2103 – currently made in Germany (Non-Berry Amendment compliant)

Response: This item is a bit for a rotary hammer, which is a power tool, not a hand tool, and therefore is not subject to the Berry Amendment. Germany is TAA Compliant. This item will remain on the PEL.

18. Page 91 of the solicitation states "In the event that an offeror’s alternate item is approved, it will replace the item specified on that corresponding line. In the event that an offeror supplies pricing for an item on the Price Evaluation List and an approved alternate item for that corresponding item, the lower price of the two (2) will be used in determining the Total Evaluation Price. If the alternate item is not approved the pricing for the item on the Price Evaluation List will be used. If the alternate item is not approved and the offeror did not offer on the corresponding exact item listed on the PEL, it will be determined that the offeror did not submit a price for that item." Please clarify if exact and alternative pricing is requested. The PEL has only one column for base and option prices. How should offerors provide both pricing options?

Response: The Microsoft Excel spreadsheet named Attachment A-Price Evaluation List (PEL) Spreadsheet contains columns for the submission of Exact Items and Alternate Items. Pricing for exact items, alternate items, or both may be provided, consistent with the quoted restrictions.

19. PEL Item 8: Item is not TAA-compliant. Please advise if DLA wishes to remove the PEL line and request a different item in its place, or if offerors should quote an alternate.

Response: This item is confirmed as non-TAA compliant and is hereby removed from the PEL. A revised PEL is attached to this Amendment.

20. PEL Item 38: The requested Brand, Arroworthy, is labeled under the ProjectSelect brand from Linzer. The Model #A225 is made in China. This kit calls out for a 3PC Brush set containing 1-1/2”, 2” and 3” brushes. We have not located a US-made brush kit with those brush sizes. Please advise if DLA wishes to remove the PEL line and request a different item in its place, or if offerors should quote an alternate based on the closest brush sizes available.

Response: This item is hereby removed from the PEL. A revised PEL is attached to this Amendment.

21. SOW 3, Items Covered does not list incidental services; however, there are several references to incidental services as they relate to pricing instructions and evaluation in the RFP. Please confirm whether incidental services will be allowed under this program.

Response: Incidental services are not applicable to this requisition. The reference to incidental services in Procurement Note C08 Tailored Logistics Support Purchasing Reviews (FEB 2017) (2)(ii) is inapplicable. Additionally, the reference to incidental services on Page 6 and Page 92 of the Solicitation are hereby removed and the language is revised as follows:

Page 6, #5. Continuation of Blocks 19-22: Schedule of Supplies/Services (C) Pricing (2) Paragraph (2) is hereby revised as follows:

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*Prices offered for the items on the Price Evaluation List and prices offered for alternate items accepted by the Government will be awarded as firm-fixed ceiling prices for the first six months of the base period and first six months of each one-year option period for each destination. However, those items designated as subject to more price volatility will have the pricing fixed as a ceiling price for the first three months of the base period and the first three months of each one-year option period for each destination. PEL unit prices are inclusive of both the acquisition price, transportation costs, and the “other costs” component. The acquisition price is defined as the actual invoice price of the product that the prime vendor pays its subcontractor or supplier for the material ordered under a contract line item, less the value of any rebates, discounts, payments, fees, and/or remittances of any kind received by the prime vendor from its subcontractor(s) or supplier(s) in connection with its fulfillment of that contract line item. The acquisition price shall not include the value of any markups, fees, charges, or other costs imposed upon the prime vendor by any affiliate(s) (see FAR 2.101) of the prime vendor above and beyond what the affiliate entity pays its supply source. In the case of an awardee that is a joint venture, the acquisition price shall be fixed at the lowest price available to the joint venture or any of its constituent entities and shall not include a) the value of any markups, fees, charges, or other costs imposed upon the joint venture by its constituent entities or any affiliate(s) (see FAR 2.101) of its constituent entities, or b) the value of any markups, fees, charges, or other costs imposed upon the joint venture’s constituent entities by any affiliate(s) (see FAR 2.101) of its constituent entities. The “other costs” component is defined as costs associated with supplier/TLS vendor costs for consolidating, shipping and handling; sea, air and/or ground transportation costs; all export and import customs documentation required to transport material to the customer location outside of the USA territory, including, but not limited to: Manifests, Inspection Certifications, and Transportation Documents; the TLS vendor fee; and any other applicable taxes and fees. On instances where the acquisition price includes freight/transportation and/or drop shipping costs to the customer’s location, the Other Costs price SHALL NOT include any associated freight/ transportation costs. The prices offered shall not include the DLA Troop Support cost recovery rate. DLA Troop Support will not consider quantity tiers/ranges.

Page 92, FAR 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021), PRICE PROPOSAL EVALUATION (2) Paragraph (3) is hereby revised as follows:

PEL unit prices are inclusive of both the acquisition price, transportation costs, and the “other costs” component.

The acquisition price is defined as the actual invoice price of the product that the prime vendor pays its sub-contractor or supplier for the material ordered under a contract line item, less the value of any rebates, discounts, payments, fees, and/or remittances of any kind received by the prime vendor from its subcontractor(s) or supplier(s) in connection with its fulfillment of that contract line item. The acquisition price shall not include the value of any markups, fees, charges, or other costs imposed upon the prime vendor by any affiliate(s) (see FAR 2.101) of the prime vendor above and beyond what the affiliate entity pays its supply source. In the case of an awardee that is a joint venture, the acquisition price shall be fixed at the lowest price available to the joint venture or any of its constituent entities and shall not include a) the value of any markups, fees, charges, or other costs imposed upon the joint venture by its constituent entities or any affiliate(s) (see FAR 2.101) of its constituent entities, or b) the value of any markups, fees, charges, or other costs imposed upon the joint venture’s constituent entities by any affiliate(s) (see FAR 2.101) of its constituent entities. The “other costs” component is defined as costs associated with supplier/TLS vendor costs for consolidating, shipping and handling; sea, air and/or ground transportation costs;

all export and import customs documentation required to transport material to the customer location outside of the USA territory, including, but not limited to: Manifests, Inspection Certifications, and Transportation Documents; the TLS vendor fee; and any other applicable taxes and fees. On instances where the acquisition price includes freight/ transportation and/or drop shipping costs to the customer’s location, the Other Costs price SHALL NOT include any associated freight/transportation costs. The prices offered shall not include the DLA Troop Support cost recovery rate. DLA Troop Support will not consider quantity tiers/ranges.

22. SOW 24.c; SOW 5.d, We understand the requirement per SOW 24.c for any subcontractors requiring base access to be registered in JCCS for the life of the contract. Please confirm this refers to any OCONUS carriers or third-party logistics vendors physically making deliveries on base, not CONUS manufacturers and suppliers who do not, and will not, perform within the CENTCOM AOR at all. If offerors are required to ensure product suppliers comply with JCCS, it will difficult to also meet the requirements of SOW 5.d that states you must obtain quotes directly from the manufacturer to the maximum extent practicable.

Response:

The Solicitation Caution Notice, # 11 is hereby revised as follows:

TLS Contractors must be registered, approved, and eligible for installation access in the Joint Contingency Contracting System (JCCS) prior to award and are responsible for keeping the information in the system updated at all times. Additionally, TLS Contractors’ proposed subcontractors, vendors, and suppliers, at any tier, that are physically located in or performing in the CENTCOM AOR -OR- that will be physically accessing a U.S.