SPE8E325D0008 Redacted- 1-30-25.pdf

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

37. CHECK NUMBER

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

42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

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

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

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CONTINUED ON NEXT PAGE

PAGE 3 OF 4 PAGES

SPE8E3-25-D-0008

Contract SPE8E3-25-D-0008 contains a total of seven attachments as follows:

Attachment A- Continuation from SF 1449, Solicitation/Contract/Order for Commercial Items, Blocks 19-24: Schedule of Supplies/Services Attachment 1 – Pentagon Storefront Statement of Work Attachment 2 – Awarded Price Proposal Attachment 3 – Awarded Non-Price Proposal Attachment 4 – Signed Amendments (0001 – 0015) Attachment 5 – List of customers/Implementation Sites Attachment 6 – Usage Data Reporting Instructions

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 4 PAGES

SPE8E3-25-D-0008

SECTION I - CONTRACT CLAUSES

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT

INFORMATION (JAN 2023) DFARS

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY 2024) FAR

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) FAR

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES

(JAN 2023) DFARS

252.204-7024 NOTICE ON THE USE OF THE SUPPLIER PERFORMANCE RISK SYSTEM (MAR 2023) DFARS

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023) FAR

52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS -- PROHIBITION (DEC 2023) FAR

SECTION J - LIST OF ATTACHMENTS

List of Attachments

Description File Name

ATTACH_ATTACHMENT_

1__SPE8E325D0008__Pe ntagon_Storefront_Statem ent_of_Work

SPE8E325D0008

Attachment 1- Pentagon Storefront Statement of

Work.pdf

ATTACH_ATTACHMENT_

2__SPE8E325D0008_Awa rded_Price_Proposal

SPE8E325D0008

Attachment 2- Awarded

Price Proposal.pdf

ATTACH_ATTACHMENT_

3__SPE8E325D0008__Aw arded_Non_Price_Proposal

SPE8E325D0008

Attachment 3- Awarded Non-Price Proposal.pdf

ATTACH_ATTACHMENT_

4__SPE8E325D0008__sig ned_amendments

SPE8E325D0008

Attachment 4- Signed Amendments (0001 to

0015).pdf

ATTACH_ATTACHMENT_

5__SPE8E325D0008__List _of_customers_for_the_No rtheast_Zone_1

SPE8E325D0008

Attachment 5- List of customers for the Northeast Zone 1.pdf

ATTACH_ATTACHMENT_

6__SPE8E325D0008__Us age_data_reporting_instruc tions

SPE8E325D0008

Attachment 6 – Usage

Data Reporting Instructions.pdf

ATTACH_Attachment_A__ SPE8E325D0008__contrac t_and_clauses

SPE8E325D0008

Attachment A- Continuation page- contract and clauses.pdf

SPE8E3-25-D-0008-Attachment A ASRC Federal Facilities Logistics, LLC, Cage 79343

Continuation from SF 1449, Solicitation/Contract/Order for Commercial Items, Blocks 19- 24: Schedule of Supplies/Services

a. This contract constitutes the Government’s acceptance of ASRC Federal Facilities Logistics, LLC’s (AFFL) offer, inclusive of all revisions as the result of discussions, Amendments 0001 thru 0015 to Solicitation No. SPE8E3-21-R-0001, and its Final Proposal Revision received on February 15, 2024, with offer valid through April 30, 2025, under Request for Proposal SPE8E3-21-R-0001, all of which are being accepted by the Government to form the contract.

b. In addition to the terms set forth in the TLS Contractor’s proposal, as revised, including all value-added benefits offered to the Government, performance under this contract shall be governed by the Statement of Work (SOW) and the terms and conditions of Request for Proposals No. SPE8E3-21-R-0001, as amended, and the following terms and conditions negotiated prior to award that were acceptable to both the Contractor and the Government.

c. Period of Performance: Upon complete execution of this contract, the two (2) year base period shall be effective from January 15, 2025, to January 14, 2027.

The contract contains a provision for the exercise of unilateral option(s) on the part of the Contracting Officer to extend the term of the contract for up to four (4), consecutive two-year option periods as covered under the clause at FAR 52.217-9.

The First Option Period, if exercised, shall be effective from: January 15, 2027, to January 14, 2029. The Second Option Period, if exercised, shall be effective from: January 15, 2029, to January 14, 2031. The Third Option Period, if exercised, shall be effective from: January 15, 2031, to January 14, 2033. The Fourth Option Period, if exercised, shall be effective from: January 15, 2033, to January 14, 2035.

In accordance with FAR 33.102(d), performance under this contract is stayed until the Contracting Officer provides a separate, written notification to proceed. The implementation period and period of performance will be adjusted accordingly.

d. Term of Contract: The contract will be an Indefinite Delivery/Indefinite Quantity Contract with a two (2) year base ordering period that includes a one hundred and twenty (120) day implementation period (if needed) after award. The contract contains a provision for the exercise of unilateral options on the part of the Government to extend the term of the contract for up to four (4), consecutive periods of two years each. The exercise of options by the Government is covered under the clause at FAR 52.217-9.

e. Minimum & Maximum Dollar Values: The Government guarantees that it will order under this contract a quantity of supplies having a minimum dollar value of $2,000,000.00 during the period of performance.

installations, federal agencies, and other authorized customers located in the geographical areas defined herein as the Northeast Region. The Northeast Region consists of two zones, Zone 1 and Zone 2. Zone 1 consists of states of Maryland, Virginia, West Virginia, and Washington D.C (including one storefront at the Pentagon). Zone 2 consists of the states of Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania (including one storefront at Letterkenny Army Depot [LEAD]), Rhode Island, and Vermont. This contract pertains to the Northeast Region, Zone 1 (Northeast Zone 1).

2. DLA Troop Support is a Major Subordinate Command (MSC) 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. 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 operation of a facility includes the protection and safety of the physical plant and the personnel employed therein.

3. Attachment 5 includes a list of current customers/implementation sites for Northeast Zone 1.

DLA Troop Support anticipates that participation in the program will be expanded to additional ordering activities in the Northeast Region; however, the expansion of the program will depend greatly on the successful management of the contracts by the TLS PVs. There are ongoing regular customers in the Northeast Zone 1 at this time. However, the scope of this contract will include support for the MRO requirements of any and all military installations, federal agencies, and other authorized customers located throughout Northeast Zone 1, whether now, or at any time during the period of contract performance.

4. The Government sought proposals that, to the maximum extent practicable, employed 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, this contract will integrate the business practices of the commercial and military supply distribution systems.

5. Solicitation SPE8E321R0001 was issued on an unrestricted basis. Offerors were permitted to submit proposals for one or both Zones. A single TLS PV contract was awarded for each Zone. The contract for Northeast Zone 1 was awarded to the offeror whose proposal was 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 was selected as the best value for the Northeast Zone 1 was eliminated from competition on the Northeast Zone 2. The resultant contracts for the Northeast Region include backup supplier provisions that require the awardee for each Zone to provide support for the other Zone – for additional details, see paragraph 17, Backup Supplier, found in the Statement of Work further below.

6. The final proposed acquisition prices for the (Drop Ship and Non-Drop Ship) PEL items included in this contract are fixed ceiling prices for the two-year base period and each of the four, two-year option periods. In addition, the final proposed acquisition prices for the (Pentagon) Storefront Support PEL items included in this contract are fixed ceiling prices for the two-year base period and each of the four, two-year option periods. The TLS PV 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.

7. The Government guarantees that it will order a quantity of supplies and incidental services having a minimum, aggregate dollar value of $2,000,000.00 during the term of the Northeast Zone 1 contract. At the time when the aggregate value of all delivery orders equals or exceeds the guaranteed minimum, the guaranteed minimum will have been met, and the Government’s obligations with regard to the guarantee will have been satisfied.

8. The maximum dollar value for the MRO TLS PV Northeast Zone 1 contract is

$3,008,600,000.00. The maximum dollar value accounts 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.

9. A Surge and Sustainment Plan/Capability Assessment Plan is not currently required for this contract, but may be required in the future at no additional cost to the Government. There are no surge requirements for any items included in either PEL at the time of contract award.

Therefore, although Surge and Sustainment Plan clauses are still contained in this contract, the TLS PV is 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 contract performance, the TLS PV may be required to submit a Surge and Sustainment Plan/Capability Assessment Plan, which will be provided at no additional cost to the Government.

10. This contract is an Indefinite Delivery/Indefinite Quantity Contract with a base ordering period of two years, which includes a one hundred and twenty (120) day ramp-up or implementation period, if needed, after award. The contract contains 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 four, successive, option periods of two years 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, and by submitting a proposal/offer, AFFL assented to and offered the option provision.

11. The Preference for Certain Domestic Commodities/Berry Amendment, Trade

Agreements Act, and Buy American Act Restrictions apply to this contract, 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). The TLS PV must be aware of which provisions apply at the time it submits its quotations and must comply with all applicable provisions throughout the entire 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, 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 compensate the Government.

12. Payment Terms: Fast Pay shall be utilized for all delivery orders under $35,000.00. Fast pay will not be applicable to orders with incidental service lines, regardless of the delivery order dollar value. 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 shall be utilized for all delivery orders valued at or above $35,000.00. 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.

13. 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 TLS PV 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://piee.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 contract.

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.

14. 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.

15. In accordance with FAR 52.225-25, the TLS PV contractor must certify that the TLS PV or any person owned or controlled by the TLS PV does not engage in any activity for which sanctions may be imposed under section 5 under the Iran Sanctions Act. The TLS PV contractor shall update its SAM certifications to make and update the above certification (see

FAR 52.212-3).

16. For purposes of this contract, the term “day” means a calendar day unless otherwise specified.

17. The term Contractor, as used throughout this contract, is synonymous with the terms awardee, offeror, prime vendor, vendor, TLS Contractor, TLS PV, ASRC Federal Facilities Logistics, or AFFL.

18. CAUTION – CONTRACTOR CODE OF BUSINESS ETHICS: FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have 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 knowing failure by a principal to timely disclose 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).

If this 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. (31 U.S.C. 3729-3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

19. 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 engaged 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)

LIST OF ATTACHMENTS

Attachment 1 – Pentagon Storefront Statement of Work Attachment 2 – Awarded Price Proposal Attachment 3 – Awarded Non-Price Proposal Attachment 4 – Signed Amendments (0001 – 0015) Attachment 5 – List of customers/Implementation Sites Attachment 6 – Usage Data Reporting Instructions

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 the specified geographic Region and Zone. 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 four, two-year option periods, which may be unilaterally exercised by the Government to extend the period of performance.

b. The geographical Northeast Region is divided into two Zones:

i. Northeast Zone 1 (States of Maryland, Virginia, West Virginia and

Washington D.C.)

ii. Northeast Zone 2 (States of Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island and Vermont).

c. The activities listed in Attachment 5 are ordering customers expected to be supported under the MRO Program for the Northeast Zone 1. During the term of this contract 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 this contract will include the purchase of all items associated with the 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 (Drop Ship and Non-Drop Ship) Price Evaluation List (PEL) for the Northeast Zone 1. The (Drop Ship and Non-Drop Ship) PELs constitute non-exhaustive, illustrative lists of the types of supplies that will potentially be ordered under this contract.

c. All items are commercial or modified commercial products as defined in FAR

2.101. All items 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. Construction services do not fall within the scope of this contract. The Contracting Officer will determine whether a service is within the scope of this contract before the contractor is authorized to provide a quote to the ordering activity. All quotes involving incidental services must contain a detailed description of the services being performed and must be based on the customer’s Statement of Work. Copies of the customer requirement, Statement of Work, and potential subcontractors’ quotes must be provided to the Contracting Officer before a quote for the requirement is provided to the ordering activity. Any changes to the customer requirement or Statement of Work must be submitted to the Contracting Officer prior to order placement. Whether a service is truly incidental will be determined by 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. The pricing awarded for the Incidental Service scenario may be utilized as a benchmark, should this type of service be requested during contract performance.

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 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.

The Contracting Officer retains full authority to determine whether or not a requirement is within the scope of this contract. Scope determinations rendered by the Contracting Officer are requirement-specific and do not constitute future scope approvals for similar products/services.

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 15(c).

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

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, and the Prohibition on Contracting for Telecommunications and Video Surveillance Services or Equipment. The contractor is advised that the requirements of the Trade Agreements Act generally apply to all items and delivery orders under the MRO contract.

The Domestic Sourcing 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 this contract. 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.

During the performance of the Contract, the Contracting Officer may request documentation from the Contractor to validate compliance with the applicable domestic sourcing restrictions for specific items or delivery orders during pre-award and/or post-award reviews. 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 contract and applicable regulations.

3. Implementation Plan

a. The base period for the Northeast Zone 1 includes a 120-day implementation period (or ramp-up period), if needed, 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 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 contract.

Failure to do so will be documented in the contractor’s annual CPARS report.

c. Ramp Down. The contractor is also the incumbent TLS PV, therefore a ramp down is not required.

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.

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 (PEL) 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.

7) The contractor shall have the capabilities to support single line requisition customers as submitted on one Procurement Instrument Identifier (PIID).

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.

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. The TLS PV will be notified of approval through the 824, Application Advice, transaction. ANY FINANCIAL COMMITMENT

THAT THE PRIME VENDOR MAKES PRIOR TO RECEIPT OF

THE 824 TRANSACTION IS AT ITS OWN RISK. The Government shall not be liable for any action that the Prime Vendor takes prior to receipt of the formal electronic authorization to proceed.

iv. Upon shipment to the customer, the contractor must transmit the 856, Advanced Shipping Notice, transaction. The line-item number that is being shipped must be included (note – the requirements of Section 7, Distribution/Delivery, Paragraph d., as amended, regarding shipment of Bills of Materials (BOM) Requirements still apply). Multiple 856 transactions per order are acceptable.

1) The 856 must contain the name of the carrier and the carrier’s assigned package identification number (i.e., the tracking number).

These elements must be present in the HL.REF Loop as follows:

a) HL.REF.REF01 = “08”

b) HL.REF.REF02 = Carrier Tracking Number

c) HL.REF.REF03 = Carrier Name (Standard Carrier Alpha

Code)

v. The TLS PV may use the 865, Purchase Order Change, transaction

ONLY WITH THE PRIOR WRITTEN APPROVAL OF THE

CONTRACTING OFFICER. Once an order is invoiced, no changes are permissible.

transaction sets in order to submit the order to DLA Troop Support and invoice (if using EDI for invoicing).

1) 855 – Purchase Order

2) 856 – Ship Notice/Manifest

3) 864 – Text Message (KO Portal)

4) 865 – Purchase Order Change – Seller Initiated

5) 824 – Application Advice

ii. The TLS PV is responsible for obtaining and maintaining a Value-Added

Network (VAN) for the term of the contract, and for bearing all trading partner costs associated with the VAN. All VAN connections are handled by DLA Transaction Services, Wright Patterson AFB, Dayton, OH.

iii. Additional transactions may be required as contract performance progresses.

c. For purposes of the 855 Purchase Order, the usage data, and the electronic catalog, the TLS PV is obligated to ensure complete and accurate item descriptions, part numbers, manufacturers, and MILSTRIP or MIPR numbers and MIPR codes. The data submitted must contain the ACTUAL MANUFACTURER’S NAME and the ACTUAL MANUFACTURER’S PART NUMBER. Any other method of identifying the manufacturer name and part number, such as a system unique to the contractor, is UNACCEPTABLE. Failure to comply with this direction will be noted in the contractor’s annual CPARS report.

d. Usage Data

i. During the term of this contract, DLA Troop Support has defined a monthly requirement of usage data reporting. All data provided by the TLS PV will be used and viewed by Government personnel. To increase the utility of this collected information, streamline the data collection process, and minimize data manipulation efforts, DLA Troop Support has established specific data reporting requirements. These specifications include submission time frames, vehicle or medium of submission, and the data element’s structure that will make up the submitted data set.

ii. See Attachment 6 – Usage Data Reporting Instructions for additional requirements.

iii. The contractor is required to have the capabilities to support both required and optional order data fields.

e. The TLS PV will provide its own computer hardware during performance of this contract at no additional cost to the Government.

f. Upon award of this contract, the TLS PV will be required to provide the name of an Information Technology (IT) specialist point of contact (POC) who is capable and authorized to resolve systems, software, and transmission issues with the DLA Troop Support assigned IT POCs.

g. The Prime Vendor is advised that, during the period of performance, continued failure to comply any of the aforementioned directions under Section 4 of the Statement of Work will be noted in the contractor’s annual CPARS report.

5. Pricing

The Solicitation/Contract permits the TLS contract holder to utilize either a Drop Ship or Prime Vendor (Non-Drop Ship) Supported delivery methodology when fulfilling orders. During contract performance, the TLS contract holder shall choose the delivery method for a particular requirement (Drop-Ship or prime vendor supported [Non-Drop Ship]) that will result in the lowest total price for the delivery order, subject to the constraints of the customer’s requested delivery timeframe, unless otherwise directed by the Contracting Officer. The TLS contractor shall provide the Contracting Officer with a written justification of its choice of delivery method for any particular requirement within one business day of the Contracting Officer’s request. The Contracting Officer reserves the right to direct the TLS contract holder to utilize a particular methodology when the Contracting Officer determines that one method is more advantageous to the Government for any reason including, but not limited to, the Contracting Officer determines: a better total price is available under one method as opposed to the other; better delivery terms are available under one method as opposed to the other; or the Government requires lines to be consolidated by TLS contract holder.

Offerors were advised to price both the Drop-Ship and Non-Drop ship distribution matrices with the above requirements in mind.

a. Acquisition Price

i. Acquisition prices for Price Evaluation List (PEL) items for both Drop

Ship and Prime Vendor (Non-Drop Ship) Supported delivery are firm fixed ceiling prices after contract award for the two-year base period and to each of the four two-year option periods, if exercised. The contractor may not submit a Drop Ship or Non-Drop Ship delivery order for a PEL item that exceeds the respective (Drop Ship or Non-Drop Ship) ceiling price for the entirety of the contract pricing period to which they apply;

However, the contractor must quote the Government a lower acquisition price for a PEL item in the event that the contractor’s actual invoice price for that item is lower than the fixed ceiling price after contract award.

ii. The acquisition price is defined as the actual invoice price of the product and/or incidental service that the prime vendor pays its sub-contractor or supplier for the material or incidental service 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). 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 acquisition price of an incidental service shall include the cost of labor at the statutorily required wage rate(s). 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.

iii. The TLS PV shall be aggressive as possible in pursuing all discounts and rebates on items orders under the MRO CONUS-AK-HI TLS PV Program, and shall pass all discounts and rebates so obtained through to the Government in the form of an up-front reduction in the acquisition price of the items. The TLS PV shall guarantee that DLA Troop Support and its customers will receive discounts and rebates equal to or better than the offeror’s most favored commercial or other Government customers.

Any rebates or discounts received by the prime vendor from its suppliers shall result in corresponding discounts and reductions to the quoted acquisition price, and shall be fully disclosed and itemized in all information and documentation submitted to substantiate the acquisition price.

iv. In the event that the contractor receives pricing from its suppliers for a

PEL item that is lower than the ceiling price proposed in its Price Proposal, the contractor shall submit the lower, quoted price as the acquisition price. Failure to do so will be noted in the contractor’s annual CPARS report. The Government reserves the right to take the appropriate action (including, but not limited to, the issuance of a demand or claim for repayment of the difference between the price paid and the lower quoted price) to remedy such noncompliance.

v. During contract performance, the acquisition price MAY include airfreight for those orders requiring emergency delivery. The TLS PV will be required to provide a breakdown of the price showing the price of the product and the price of airfreight for verification during the validation process. The use of airfreight must be pre-approved by the customer and the Contracting Officer before submission of the 855 to KOP. Note – for emergency orders, airfreight shall NOT be included when calculating the appropriate Distribution Fee per line item.

vi. During contract performance, if there is a downward change of the line-item acquisition price due to a change in quantity, post-award price change, and/or rebate, discount, payment, fee or other remittance received by the prime vendor in connection with its fulfillment of the line item, the distribution fee shall be adjusted accordingly, based on the (Drop Ship or Non-Drop Ship) distribution fee tier applicable to the lower, adjusted acquisition price of the line item. If there is an upward change of the line-item acquisition price due to a change in quantity or post-award price change, the distribution fee shall not be adjusted upward unless the Contracting Officer determines that such an adjustment is warranted at his/her sole discretion.

vii. The values of any distribution, handling, or other fees, remittances, or payments of any kind received by the prime vendor (or, in the case of a prime vendor that is a joint venture, any of its constituent entities) during its performance of this contract, which are payable to the prime vendor (or any of its constituent entities) by reason of or incident to the prime vendor’s (or its constituent entities’) purchase of supplies or services to fulfill orders issued under this contract shall immediately be credited against the acquisition price of the line item(s) to which they relate and thereby passed through to the benefit of the Government. The benefit of all such fees, remittances, and/or payments shall be provided to the Government through corresponding reductions to the acquisition prices of the pertinent line items and corresponding downward adjustments to the distribution fees payable to the prime vendor, whether the distribution, handling, or other fees and payments are received by the prime vendor or its constituent entities before or after issuance of the Government delivery order line item(s) to which they relate. Neither the prime vendor, nor in the case of a joint venture, its constituent entities, shall collect any sort of discount, rebate, fee, payment, remittance, or other thing of value from its suppliers and/or subcontractors related to products or incidental services purchased to fulfill delivery order line items under this contract without immediately tendering the full value of those fees, payments, or other things of value to the Government, in the form of a reduction to the acquisition price of the line item and a corresponding downward adjustment to the distribution fee price for the line item (where applicable).

b. Distribution Fee Price

i. Distribution fee prices, both Drop Ship and Prime Vendor (Non-Drop Ship) Supported delivery, are firm fixed ceiling prices per line item, and are applicable to all items and incidental services furnished under the resultant contract. The distribution fee represents all elements of the contract price other than the acquisition price, including the TLS PV’s delivery shipping/delivery costs (applicable only for Prime Vendor [Non- Drop Ship] Supported delivery), general and administrative expenses, overhead, packaging, and anticipated profit. The contractor may not submit an order for an item with a distribution fee that exceeds the applicable (Drop Ship or Non-Drop Ship) distribution line ceiling price.

The contract includes two different distribution fee matrices for Drop Ship and Prime Vendor (Non-Drop Ship) Supported delivery, which are further defined as follows:

1) Drop Shipment is defined as delivery of material by a supplier of the prime vendor directly to the customer.