SF30_SPE8E421R00010002.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 SPE8E4 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

SPE8E421R0001

X

2020 NOV 09

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 (METALS)

700 ROBBINS AVENUE

PHILADELPHIA PA 19111-5096

15C. DATE SIGNED 16C. DATE SIGNED

D. OTHER (Specify type of modification and authority)

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

PAGE 2 OF 9 PAGES

SPE8E421R0001 - 0002

AMENDMENT 0002 INCLUDES THE FOLLOWING:

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

2. Changes incorporated into the Solicitation.

In accordance with CAUTION NOTICE (#19) located on Page 13 of the Solicitation, the following clarifications to interested party questions are hereby incorporated:

1. As this is a competitive bidding process per order, subcontracting to small businesses will be difficult as that will usually add another layer of mark-up to our cost (as it often means we aren’t going direct to the production source). Given a competitive environment may inhibit SBA opportunity, will DLA advise the “large” bidders when a particular requirement should flow through a small business to promote an equal opportunity; or, is that something we’ll have to navigate if we receive a contract award?

In accordance with FAR 52.219-9, other than small business concerns are required to submit a Small Business Subcontracting Plan with their offer. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer and shall be included in and made a part of any resultant contract. In accordance with the Statement of Work section titled, “Purchasing System” offerors are required to have a purchasing system to support this requirement. “Purchasing System” means the Contractor's system or systems for purchasing and subcontracting, including the selection of vendors, analysis of quoted prices, negotiation of prices with vendors, and placing and administering of orders. Resultant awardees are also required to provide a semi-annual subcontracting report via https://www.esrs.gov. Please note that all offerors, including small business concerns, must address the Small Business (socioeconomic) Participation Factor and will be evaluated accordingly. This Factor is separate and distinct from the requirement to submit a Subcontracting Plan as outlined in FAR 52.219-9 located on page 16 of this Solicitation.

2. Should we have to still submit a subcontracting plan, would you confirm that it is to be based on the full value of the contract? Ultimately will the subcontracting performance be measured against actual dollar goals or percentage goals?

In accordance with FAR 52.219-9, other than small business concern offerors are required to submit a Small Business Subcontracting Plan with their offer. Please review FAR 52.219-9 for more information regarding how subcontracting goals shall be presented. The approved plan will be incorporated into the contract. In addition to this, all offerors, including small business concerns, must address the Small Business (socioeconomic) Participation Factor and will be evaluated accordingly. This Factor is separate and distinct from the requirement to submit a Subcontracting Plan as outlined in FAR 52.219-9 located on page 16 of this Solicitation. The instructions for submitting a socio-economic objectives to be considered for purposes of the Small Business (socioeconomic) Participation Factor are set forth on pages 67-68 of the solicitation. The offeror shall present objectives in terms of percentages and total dollars. The percentage shall be formulated using the total to be subcontracted as the divisor. The total dollar value shall be the estimated annual demand of $146,000,000.00. All proposed goal percentages will be considered annual goals in effect for the (possible) five-year term of the contract.

3. Referenced within the solicitation is that we are not permitted to provide tables as part of the proposal, how would you prefer to see the past performance information?

The Non-Price proposal consisting of past performance information shall be labeled as a separate volume and has a fifty (50) page limit. The term “page” refers to one side of one printed sheet (or leaf) of paper. One sheet of paper contains up to two printed pages. The substance of the offeror’s Non-Price Proposal shall consist of no more than fifty (50) pages of text printed such that one page appears on each side of each sheet of paper (two pages per sheet).

Graphics and tables are not permitted. It is the responsibility of the offeror to organize their proposal in such a way that demonstrates the offeror's ability to meet the Government's requirements as set forth in this solicitation.

Overly elaborate proposals are not desired.

4. Is it still necessary for us to have a customer facing website and if so for what purpose?

Please refer to the Statement of Work section titled, “Customer Support” for the management requirements of the Tailored Logistics Support Program.

5. Once an order is assigned to a vendor, how will the customer follow up for details on that order?

Please refer to the Statement of Work section titled, “Customer Support”:

Customer Support: Customer support must be made available to DLA Troop Support and authorized customers under this Program. Adequate customer support includes procedures to address order tracking, emergency order tracking, and problem resolution for any service or quality issues, quantity discrepancies, and warranty disputes. TLS Contractors must have customer support representatives available twenty-four (24) hours daily, seven (7) days per week to provide support via telephone and/or email correspondence. TLS Contractors must provide DLA Troop Support and authorized customers with a toll free phone number and an email address in order to contact the customer support representatives.

6. Outside of raw material, will this contract have the ability to supply fabricated parts, additive materials or things such as stoplogs, lifting beams, spuds, targets, platforms, etc.?

Please refer to the Statement of Work section titled, “Items Covered”:

Items Covered: The various metals covered by the acquisition consists of commercial items and commercially modified items (commercial items requiring minor modification to fit military applications). All items shall conform to the manufacturer's commercial specifications. The requirements covered under this acquisition include, but are not limited to: aluminum, stainless steel, carbon steel, copper, brass, titanium, nickel and nickel alloys; and other industrial metals in various forms, such as: wire, plate, sheet, strip, bar, angle, extrusions, pipe, tube, and any other shape required by the ordering activities. Requirements may change and expand or contract due to the needs of our customers.

PAGE 3 OF 9 PAGES

SPE8E421R0001 - 0002

Therefore, the Government reserves the right to add or delete items as deemed necessary by the Contracting Officer.

7. Might DLA consider quantity tiers/ranges on the 200 PEL items? This would allow bidders to put together a more accurate pricing proposal than based on an average order quantity alone. Bids based solely on average order quantity will likely be higher to ensure “coverage” on smaller quantity orders.

No, DLA will not consider quantity tiers/ranges.

8. How do we bid on orders? What is the specific process / system to do so? Are we submitting the completed RFQ spreadsheet to DLA and DLA would then enter into BidWiser?

Yes; all offerors would submit the completed RFQ spreadsheet to DLA and DLA would then enter it into BidWiser.

9. If we do not win the bid, are we able to immediately see what the winning bid was?

This inquiry does not pertain to the Solicitation.

10. Will there be a ceiling price on non PEL item bids?

There is no established ceiling price for non-PEL items.

11. (11A) How are order approvals handled? Is the 855 process the same as it currently is? Currently we submit the 855 and then receive the 864 and 824. We don’t receive the 864 before we submit the 855. Please clarify the paragraph on page 46 shown below:

The order of the steps is revised to the following:

Upon email notification of the “Successful Offer”, contractor must create an 855 - Purchase Order Acknowledgement and forward to DLA TROOP SUPPORT within 2 working days of funding approval. This transaction will include a separate line and line item number for each item/service being ordered under the delivery order.

Following approval of an order in KO Portal, the contractor will receive an order acknowledgement via an EDI 864 transaction while at the same time a final EDI 855 transaction will be sent from KO Portal through DAASC to EBS to record the obligation. The final EDI 855 transaction will constitute the delivery order date in EBS. Once the final EDI 855 transaction is completed and the obligation is recorded in EBS, the purchase order will be established. Once the purchase order has been established, the contractor will receive approval notice to begin performance via an EDI 824 transaction. The shipment notice (EDI 856 transaction) will constitute the date of shipment.

(11B) If the order is awarded ahead of time, do we send the 855 after the order has been awarded? Or is the 855 part of the quote / bid / award process?”

There is no award unless a vendor explicitly receives a BidWiser Award Notification Spreadsheet (via email). After receipt of the BidWiser Award Notification Spreadsheet, the awardee is responsible for enveloping award lines into EDI TVR-855 transactions and submitting to DLA.

12. If you eliminate the MPP and DP and PE - will the spec for the 855 change? Currently we send that information. If changed, will we be given the new 855 spec?

Mill Product Price, Distribution Price and Price Extras are not required fields on the 855.

13. Noticed on the PEL file, there are columns for periods 1, 2 and 3. Is this where the escalation rate would be established?

Period 1 -- Base Period Prices: Prices supplied for exact items or acceptable alternate items on the Price Evaluation List of 200 items will be used for evaluation purposes and will be awarded as firm-fixed ceiling prices. The fixed prices will constitute a Not to exceed CEILING PRICE for the BASE PERIOD (2 year term) on any resultant contract for the Metals Tailored Logistics Support Program.

Periods 2 & 3 -- Option Year Prices: Prices supplied for exact items or acceptable alternate items on the Price Evaluation List of 200 supply items will be used for evaluation purposes and will be awarded as firm-fixed ceiling prices. The fixed prices will constitute a Not to exceed CEILING PRICE for EACH OPTION YEAR TERM (two (2) eighteen-month terms) on any resultant contract for the Metals Tailored Logistics Support Program.

14. Will customer contact information be provided for every delivery order? This would be helpful to avoid delays in scheduling deliveries.

Yes, customer contact information will be provided for every delivery order.

15. Who’s responsible to follow up with the customers on missing data (spec, heat treat, finish) DLA or Vendors?

Approved customer Order Requests are loaded by DLA into a standardized RFQ spreadsheet and forwarded (via email) to all TLS Contractors. Should any missing data be identified, the DLA TVLS will follow-up with the customer for clarification. The requirement would be re-competed with the adequate data.

16. Are PIIDs assigned by government at order award or are they generated by us?

In accordance with FAR Part 4, DLA is responsible for assigning unique Procurement Instrument Identifiers (PIIDs) for each resultant delivery order.

17. Questions regarding the Usage Data document 2 attached to the solicitation: On the Usage Data Grid:

PAGE 4 OF 9 PAGES

SPE8E421R0001 - 0002

(17A) # 25 – Contractor Control Number – currently we generate the unique #. On the solicitation it indicates that it is required if the value was transmitted by DLA to vendor. How would we receive this number from DLA?

BidWiser will generate these values during the Award Action, which will be included in the BidWiser Award Notification Spreadsheet. Each line in BidWiser will get a unique Contractor Control Number, which vendors will place into their 855 TVR-EDI submissions. Vendors will also report this value in the Usage Data file submissions.

(17B) Please confirm that the following columns have been eliminated: Price Extra description, MPP, DP, PE, Cage Code, Carrier.

These columns have been eliminated.

18. The Non- Price Proposal, Factor I allows past performance data for joint ventures, partnerships and team members.

Shall the offerors submit 5 total references for the prime and team members combined? Or shall the offerors submit 5 references for the prime and 5 references for each team member?

This is clarified as follows: Offerors are to provide performance records for no more than five contracts/accounts, with performance occurring within the five calendar years preceding the issuance date of this solicitation, having 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 orders. The contracts/accounts submitted may have supported either government or commercial customers. If an offeror provides more than five contracts/accounts, the Government will evaluate only the five highest dollar value records.

If the offeror provides less than five records, the offeror shall make a clear statement that less than five records have been submitted intentionally. If the contracts/accounts submitted were performed by a predecessor company, subsidiary, subcontractor, or other affiliate entity (see FAR 2.101), the offeror must clearly demonstrate that the predecessor, subsidiary, subcontractor, or affiliate will perform major or critical aspects of the resultant contract in order for the submitted contract/account to be considered.

19. Are the Contractors required to procure product from a Qualified Suppliers List for Distributors (QSLD) or Manufacturer (QSLM) entity?

No.

20. The Price Evaluation List identifies each item with an LSN. For more accurate sourcing and pricing by all Offerors, will DLA please provide the associated NSN, Manufacturer Name and Manufacturer Part Number for each item?

These items are not identified by National Stock Number nor is there a sole source manufacturer. These items are commercial metal products. Please refer to the commercial item description provided in Column B of Attachment 1 to source and price each item.

21. The instructions to Offerors states that graphics and tables not permitted? Will DLA please permit the use of graphics and tables to compile non-price information such as lists of business alliances and socioeconomic objectives?

Please see response provided for #3.

22. Please provide the current contract numbers for the current regional metals contracts as well as any previous contract numbers since award date in 2015.

This inquiry does not pertain to the Solicitation.

23. Does the total spend in the PEL include DLA's surcharge?

The Metals Price Evaluation List Total Obligations does not include the DLA Troop Support cost recovery rate.

24. In Block 17a on Page 1 of the solicitation it asks for “Code” and “Facility Code” We have a CAGE for our facility.

Is this the “Facility Code?” If so, what is the other “Code” requested?

Block 17a requires the entry of an Offeror’s assigned Unique Entity Identifier Number, and an Offeror’s assigned Contractor and Government Entity (CAGE) Code.

Please refer to FAR 52.212-1, Instructions to Offerors – Commercial Items, Paragraph j, which states the following, “

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

Class Deviation 2018-O0018—Micro-Purchase Threshold, Simplified Acquisition Threshold, and Special Emergency Procurement Authority. Effective August 31, 2018. This deviation remains in effect until it is incorporated into the FAR or DFARS, or otherwise rescinded

(j) Unique entity identifier. (Applies to all offers exceeding the micro-purchase threshold and offers at any dollar value if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.)

25. On Page 96 C10 (2) (a) it states “However, awardees subject to testing and approval requirements (e.g., first

PAGE 5 OF 9 PAGES

SPE8E421R0001 - 0002

article testing) are not eligible to receive orders until testing requirements are satisfactorily completed.” What “orders” is the awardee not eligible to receive; orders for the item for which the FAT is required or all orders for other items?

This is in reference to items that require testing, such as First Article Testing (FAT), Production Lot Testing (PLT), etc.

26. If the estimated order quantity on a given PEL item proves to significantly differ from the quantities actually ordered, will the awarded contractor have an opportunity to re-price an item? E.g., if a line item showing an average order quantity of 1,200' is continually ordered as a 1' piece, will the contractors be able to adjust their ceiling prices for that PEL item; or, are these ceiling prices fully locked in regardless of disparity from the estimates on which the pricing proposal was based?

Please reference the Caution Notice, #5 which states, “The items listed in the Price Evaluation List (PEL) represent estimates based on historical usage data.” Please also reference Price Evaluation List, Page 39 of the Solicitation, which states the following, “The prices for the PEL and Acceptable Alternates will be Ceiling Prices after contract award. It is the maximum unit price that the Government will pay during the base year and each applicable option year for items on the PEL. During the post-award competition of delivery orders, the contractor may not submit a quote for a PEL item or Acceptable Alternate with a price that exceeds the applicable contractual Ceiling Price.”

27. Please help us understand the process for quotes and orders post-award. Will all quotes and orders run through Bidwiser? Do we have contact/discussions with customer during quote? Who chooses the award (DLA or end user)?

All resultant delivery orders are competed amongst all contract holders. Offerors would submit the completed RFQ spreadsheet to DLA and DLA would then enter it into BidWiser. You will not have contact or discussions with the customer during the RFQ process. DLA selects the offeror for award. Please also see response provided for #11.

28. Will there be any direct customer contact with vendor?

Please refer to the Statement of Work section titled, “Customer Support”:

Customer Support: Customer support must be made available to DLA Troop Support and authorized customers under this Program. Adequate customer support includes procedures to address order tracking, emergency order tracking, and problem resolution for any service or quality issues, quantity discrepancies, and warranty disputes. TLS Contractors must have customer support representatives available twenty-four (24) hours daily, seven (7) days per week to provide support via telephone and/or email correspondence. TLS Contractors must provide DLA Troop Support and authorized customers with a toll free phone number and an email address in order to contact the customer support representatives.

29. On page 105 of solicitation, DFAR 252.225-7001, 7008, 7009 are all selected. Please clarify which clause will apply, 7008 or 7009? 252.225-7030 is also referenced in the solicitation but not referenced on page 105 with other DFAR clauses.

Both DFARS 252.225-7008 and DFARS 252.225-7009 can be applicable depending on the requisitioned item. Please refer to the following DFARS 225.7003-5 prescriptions:

(1) Use the clause at 252.225-7008, Restriction on Acquisition of Specialty Metals, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that -

(i) Exceed the simplified acquisition threshold; and

(ii) Require the delivery of specialty metals as end items.

(2) Use the clause at 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that -

(i) Exceed the simplified acquisition threshold; and

(ii) Require delivery of any of the following items, or components of the following items, if such items or components contain specialty metal:

(A) Aircraft.

(B) Missile or space systems.

(C) Ships.

(D) Tank or automotive items.

(E) Weapon systems.

(F) Ammunition.

DFARS 252.225-7030 is provided in full text in the Solicitation whereas the other clauses are incorporated by reference.

30. Will DFARS clauses allow COTS?

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

31. Will /can metal powders and metal castings be added to scope?

In terms of scope, please refer to the note provided under the item categories on Page 38:

NOTE: This list may not be all-inclusive and the TLS Contractor may be required to furnish other items under the classifications of metals, including nonstandard, non-NSN items. The total number of items required under the contract is indefinite. In order to evaluate offers and establish an initial catalogue of items, offerors must provide unit prices for a minimum of 90% (180) of the items on the Price Evaluation List (PEL), which consists of 200 items. These items are listed in a Microsoft Excel spreadsheet that is available as Attachment 1:

Price Evaluation List (PEL) Spreadsheet to this solicitation.

b. Requirements will be reviewed to ensure compliance with the scope of the contract(s). If a requirement is determined to be outside the scope of the contract(s), it will be rejected by the Contracting Officer. Alternate/ appropriate means of satisfying the customers' requirement will be reviewed and provided as appropriate.

c. All requests for new items will be reviewed for scope compliance by a designated representative of the DLA Troop

PAGE 6 OF 9 PAGES

SPE8E421R0001 - 0002

Support Construction & Equipment (C&E) Directorate. An item must be approved by DLA Troop Support prior to requesting a contractor's pricing and delivery terms for an order. The determination by DLA Troop Support as to whether an item is in scope shall be considered final and cannot be appealed by any TLS Contractor.

32. On page 4, 3. Block 17a, asking for Unique Entity Identifier Number. Does this UEIN differ from cage code?

Please see response provided for #24.

33. P. 60, Instructions: The Government states that “The substance of the offeror’s Non-Price Proposal shall consist of no more than 50 pages of text printed such that one page appears on each side of each sheet of paper (two pages per sheet). Graphics and tables are not permitted.

(33A) Please confirm that this is an electronic submittal and double-sided pages are not applicable?

The proposal must be submitted electronically via DIBBS and/or via email as stated in the solicitation. However, the requirement for no more than 50 pages of text applies to the electronic document as well. There must be no more than 50 electronic pages numbered 1 through 50. If the electronic document is printed out as “double-sided,” there may be only 25 sheets of paper.

(33B) Is it the Government’s intent to have no graphics or tables, including no charts, maps, covers, or tabulated information, including an organizational chart, small business participation table, past performance information tables, or facilities maps, etc. to meet the requirements of the RFP?

Please see response provided for #3.

34. SF1449: The offer due time is listed as December 28, 2020. Given the Thanksgiving and Christmas holidays, will the Government please extend the due date after the New Year?

Please refer to Amendment 0001 which was publicized on beta.sam.gov and DIBBS--the closing date for the receipt of proposals was extended to 01/18/2021 at 4:30 PM EST.

35. P. 64, Instructions (2) Business Alliances: “The offeror shall list and provide evidence of the current business alliances and contractual relationships with service providers, distribution centers, warehousing resources…” In the preceding paragraph, the Government stated that supplier letters or emails do not count against the Volume I page limit. Please confirm that the evidence for service providers, distribution centers, warehousing resources is similarly not included the page count for Vol. I.

All written evidence submitted in response to FACTOR II – TECHNICAL MERIT Paragraph (2) “Business Alliances” does not count against the Volume I page limit. “Written evidence” consists of a letter or e-mail from the supplier/ subcontractor, that states intent to provide services to the offeror in the event of contract award or shows an existing agreement whereby the supplier/subcontractor is already supplying the services.

36. Caution Notice: The RFP states, “The Contracting Officer estimates, based on an analysis of historical data for the current Metals TLS PV Northeast, Southeast, Central and West regions, which each have one contract holder each, that the annual estimated number of delivery orders was 8,200 overall and the annual estimated number of delivery locations per contract was 73.” Will the Government please provide: 1.A list of the delivery locations, 2.A list of the debarkation points?

DLA will not provide a list of delivery locations or debarkation points. As stated in the Caution Notice, DLA is soliciting proposals for the logistical support of military commands, federal agencies, and other authorized DLA customers located in the continental United States (CONUS) and worldwide via shipments through Container Consolidation Points within the CONUS. Under the TLS program, there are estimated sales of $730,000,000.00 to support 290 individual DoDAACS/ customers. The Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a Department of Defense unit, activity, or organization. NOTE: The Contracting Officer estimates, based on an analysis of historical data for the current Metals TLS PV Northeast, Southeast, Central and West regions, which each have one contract holder each, that the annual estimated number of delivery orders was 8,200 overall and the annual estimated number of delivery locations per contract was 73. 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.

37. Statement of Work, Section 7, “Discounts and Rebates,” which reads, in part: “Any rebates or discounts received by the TLS vendor from its’ suppliers shall result in a corresponding discount and reduction to the quoted and/or awarded price, and shall be fully disclosed and itemized to the Government at the time it is known by the TLS vendor.

This includes any discounts or rebates received after award of the delivery order such as discounts offered for prompt payment terms.” The RFP states that the PEL will establish firm-fixed ceiling prices and that the products will be ordered through delivery order competitions. The requirement to adjust pricing for discounts or rebates received after award of a fixed-price order contradicts FAR 16.202-1’s definition of a fixed-price contract, which states that “A firm-fixed-price contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss. It provides maximum incentive for the contractor to control costs and perform effectively and imposes a minimum administrative burden upon the contracting parties.”

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 bid. As recognized in the definition, this provides maximum incentive for the contractor to control costs and pass those savings onto the Government in the delivery order competitions. Hence, the Government will be receiving the benefit of any such discounts and rebates in the form of lower proposal pricing. Accordingly, the “Discounts and Rebates” provision is unnecessarily burdensome, violates the FAR, and serves no tangible benefit to the Government and therefore should be deleted.

The Solicitation clearly states, “The Prices for the PEL and alternates accepted by the Government will be used for

PAGE 7 OF 9 PAGES

SPE8E421R0001 - 0002

evaluation purposes and will be awarded as firm-fixed ceiling prices. The fixed prices (FOR THE PEL ITEMS) will constitute a not to exceed CEILING PRICE for the BASE PERIOD (two-year term) and each OPTION PERIOD (two eighteen-month terms) on any resultant contract for the Metals Tailored Logistics Support (TLS) Program.” In reference to PEL pricing (SUBMITTED WITH YOUR PROPOSAL) the Solicitation states, “It is anticipated that each Tailored Logistics Support Contractor shall be as aggressive as possible in pursuing all discounts and rebates. All discounts and rebates must be passed on to DLA Troop Support. TLS Contractors shall guarantee that DLA Troop Support and its’ customers will receive discounts and rebates equal to or better than the offerors most favored commercial customers with similar sales.” Paragraph 7 of the SOW titled, “Discounts and Rebates” is applicable to pricing the PEL items at the time of your proposal submission, and all pricing you will provide on both PEL and Non-PEL items at the time of each resultant competitive delivery order, should you receive an award. Please also reference, C08 Tailored Logistics Support Purchasing Reviews (FEB 2017), specifically paragraphs 3 & 4, on Page 96 of the Solicitation.

38. Statement of Work, Section 7, “Discounts and Rebates,” which reads, in part: “Any rebates or discounts received by the TLS vendor from its’ suppliers shall result in a corresponding discount and reduction to the quoted and/or awarded price, and shall be fully disclosed and itemized to the Government at the time it is known by the TLS vendor.

This includes any discounts or rebates received after award of the delivery order such as discounts offered for prompt payment terms.” 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 bid, and then the contractor carries the risk and reward to perform. Here, the Government appears to be requiring that it shares in the risk and reward usually allocated solely to the contractor. (a) If a contractor competing for award of a delivery order 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) If the contractor receives a prompt payment discount from its supplier, will the Government agree to those same prompt payment terms in order to receive the pass-through discount?

The answer to both a. and b. is No.

39. Statement of Work, Section 7, “Discounts and Rebates,” which reads, in part: “TLS Contractors shall guarantee that DLA Troop Support and its’ customers will receive discounts and rebates equal to or better than the offerors’ most favored commercial and/or government customers, whichever is greater.” We request the Government to clarify whether it is seeking most favored pricing with respect to the firm fixed-price of the items ordered, or with respect to the “discounts and rebates” received. For instance, if the contractor is already offering the Government the most favored pricing for an item, does it need to offer all “discounts and rebates” that it may offer to other customers in order to meet this requirement?

The Government expects the most favored pricing which would be inclusive of all discounts and rebates.

40. (a) Statement of Work, Section 7, “Discounts and Rebates,” which reads, in part: “TLS Contractors shall guarantee that DLA Troop Support and its’ customers will receive discounts and rebates equal to or better than the offerors’ most favored commercial and/or government customers, whichever is greater.”; (b) Solicitation, page 7, C. Pricing, which reads, in part: “All discounts and rebates must be passed on to DLA Troop Support. TLS Contractors shall guarantee that DLA Troop Support and its’ customers will receive discounts and rebates equal to or better than the offerors most favored commercial customers with similar sales.” There appears to be a patent ambiguity as to whether the most favored customer terms applies to just “commercial customers” or “commercial and/or government customers.”

We request that the Government modify the Solicitation to remove this ambiguity.

To clarify, DLA is requesting discounts and rebates equal to or better than the most favored commercial customer with similar sales or equal to or better than other government customers with similar sales, whichever is the greater discount among the two, if applicable.

41. Page 9 of solicitation states each offeror shall update ORCA Certifications. Is this the same as SAM?

Please refer to FAR 52.212-3 Offeror Representations and Certifications—Commercial Items on Page 75 of the Solicitation which states the following: “The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.”

42. We were wondering if the reserved portion of the contract for small businesses exempts small businesses in being able to supply 90% of the top 200 items from fiscal years 2017-2018 on the PEL. Is there a way for a small business to participate in this program while only specializing in a particular metal product?

The reserved portion of the Solicitation does not exempt Small Businesses from the requirements of the Solicitation.

43. Why is the Classification product service code 9640 NAICS code 331110? There are no 9640/331110 items on page 38 (scope) nor the PEL?

The NAICS code was selected by the Contracting Officer via consultation with the Small Business Representative. The NAICS code will not be revised.

44. The CuNi DFARS clauses – 7020 and 7021 – were omitted, but there is CuNi pipe on the PEL. Can CuNi pipe fall under COTS?

Cuni pipe is considered to be a commercial item in accordance with the commercial item definition set forth in FAR

2.101. DFARS 252.225-7021, Trade Agreements (Class Deviation 2020-O0019) (JUL 2020) is included in the Solicitation, as is FAR 52.204-7, which is the rationale for why DFARS 252.225-7020, Trade Agreements Certificate (NOV 2014) is not included.

45. The solicitation specifies that up to one award may be reserved for a small business. In the Statement of Work, PAGE 8 OF 9 PAGES

SPE8E421R0001 - 0002

Section 2, it also says that "Special preference will not be given to small business concerns at the delivery order competition level." Is the expectation for the small business to be able to provide the same level of availability and delivery as the competing unrestricted businesses? The scope of work includes nationwide delivery and ceiling prices are to be quoted FOB destination. For small businesses, it will be difficult to be competitive for all delivery orders if unrestricted companies have a large geographic footprint. We are competitive in our geographic area and sometimes logistics costs are not a significant factor in the overall cost. Due to the broad scope of this contract, I want to make sure to manage expectations appropriately.

The language in the Statement of Work is correct – there will be up to one award reserved for small business. The small business concern that is awarded the reserved contract, if any, will compete with the other contract holders for all delivery orders. Delivery orders will not be directed to the small business concern, if any.

46. Also, is it possible to understand the logic for the NAICS classification of this contract? The code used is 331110, which refers to iron and steel manufacturing. It seems to be understood from the language of this solicitation that the awardees will not be manufacturing the commercial products requested. The scope of work specifically mentions that the contractor must have business alliances and contractual relationships with its' suppliers that will enable it to provide all of the categories of Metals products. Is there a reason that NAICS code, 423510, is not being used?

This code is for Metal Service Centers and Other Metal Merchant Wholesalers. It seems this would be a better fit for this contract. The small business size standard is also 200 versus 1500 currently for 331110, which is significant.

Please see response provided for #43. In addition, please refer to FAR 52.212-1 (a), which states the following, “North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.”

47. How will this IDIQ award work as competitive after awarded?

Please refer to Ordering/Request for Quote Process Overview on Page 43 of the Solicitation, which states, “Competition process for all delivery orders: All orders will be competed among all awardees pursuant to the fair opportunity requirements of FAR 16.505(b), except the Government reserves the right to direct orders to a particular source under urgent circumstances or to provide economy and efficiency as a logical follow-on to an order already issued in accordance with FAR 16.505(b)(2) or to satisfy a guaranteed minimum. The small business concern that is awarded the reserved contract, if any, will compete with the other contract holders for all delivery orders. Delivery orders will not be directed to the small business concern, if any. Each Request for Quote (RFQ) will clearly state the basis for award. Price and delivery are common factors that will be used; however, other factors may be included as well. The Bidwiser Program (a DLA Troop Support Bid Processing Program) will be utilized to issue the Request for Quotes (RFQs) for the individual delivery orders and to evaluate the offers received.”

48. When will the awards be issued?

This information is procurement sensitive and will not be provided.

49. Is there an opportunity to set aside or sole source for 8a or HUBZone on any one or several of these items?

No.

The following changes are hereby incorporated into the Solicitation:

1. The italicized note preceding Factor I--Past Performance on Page 66 of the Solicitation is hereby revised as follows:

Note: The information below is required at the offeror’s individual level (not at a corporate level, but for the actual entity that will actively participate in the performance of this contract). Offerors are to provide performance records for no more than five contracts/accounts, with performance occurring within the five calendar years preceding the issuance date of this solicitation, having 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 orders. The contracts/accounts submitted may have supported either government or commercial customers. If an offeror provides more than five contracts/accounts, the Government will evaluate only the five highest dollar value records. If the offeror provides less than five records, the offeror shall make a clear statement that less than five records have been submitted intentionally. If the contracts/accounts submitted were performed by a predecessor company, subsidiary, subcontractor, or other affiliate entity (see FAR 2.101), the offeror must clearly demonstrate that the predecessor, subsidiary, subcontractor, or affiliate will perform major or critical aspects of the resultant contract in order for the submitted contract/account to be considered.

2. Paragraph 5. Continuation of Blocks 19-22: Schedule of Supplies/ Services, Letter C. Pricing, on Page 7 of the Solicitation is hereby revised as follows:

The statement, "TLS Contractors shall guarantee that DLA Troop Support and its’ customers will receive discounts and rebates equal to or better than the offerors most favored commercial customers with similar sales." is hereby replaced with:

TLS Contractors shall guarantee that DLA Troop Support and its' customers will receive discounts and rebates equal to or better than the most favored commercial customer with similar sales or equal to or better than other government customers with similar sales, whichever is the greater discount among the two, if applicable.

3. Statement of Work, Paragraph 7. Discounts and Rebates on Page 40 of the Solicitation is hereby revised as follows:

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 9 PAGES

SPE8E421R0001 - 0002

The statement, "TLS Contractors shall guarantee that DLA Troop Support and its’ customers will receive discounts and rebates equal to or better than the offerors’ most favored commercial and/or government customers, whichever is greater." is hereby replaced with:

TLS Contractors shall guarantee that DLA Troop Support and its' customers will receive discounts and rebates equal to or better than the most favored commercial customer with similar sales or equal to or better than other government customers with similar sales, whichever is the greater discount among the two, if applicable.

4. D. INSTRUCTIONS TO OFFERORS -- PRICE PROPOSAL (Volume II) Paragraph 1. Pricing for Metals Price Evaluation List – General Information letter (a) on Page 68 of the Solicitation is hereby revised as follows:

The statement, "TLS Contractors shall guarantee that DLA Troop Support and its customers will receive discounts and rebates equal to or better than the offerors most favored commercial customers with similar sales. The offeror warrants that is accorded, and will accord, DLA Troop Support’s customers the best/full range of pricing benefits being accorded the offeror’s most favored Government and commercial customers." is hereby replaced with:

TLS Contractors shall guarantee that DLA Troop Support and its' customers will receive discounts and rebates equal to or better than the most favored commercial customer with similar sales or equal to or better than other government customers with similar sales, whichever is the greater discount among the two, if applicable. The offeror warrants that it accorded, and will accord, DLA Troop Support’s customers pricing benefits equal to or better than those being accorded the offeror’s most favored commercial customer with similar sales or most favored government customers with similar sales, whichever is the greater discount among the two, if applicable.

All other terms and conditions set forth in the Solicitation remain unchanged.