SPE8EH21R0001 Amendment 0003.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 SPE8EH 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

SPE8EH21R0001

X

2022 MAR 22

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, is required to sign this document and return 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 (FES)

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.

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A.The following changes are hereby incorporated into the Request for Proposal (RFP):

1.Pages 52-53, Statement of Work, 3. Purchasing System, d. Limitations on Pass-Through-Charges, the reference to FAR 52.215-2(a) is hereby deleted. The sentence is updated to read: “The Contracting Officer, or authorized representative, shall have the right to examine and audit all the Contractor's records (as defined at FAR 52.212-5(d)) relevant to the existence of excessive pass-through charges; failure to exercise this right shall not constitute a defense to a determination of excessive pass-through charges or the Government's assertion of remedies.”

2.Page 65-66, Statement of Work, 17. Reporting Requirements, the following are hereby added:

e. Monthly Marketing Report: The TLS Contractor shall provide a monthly Marketing Report by the 15th day of each calendar month. Report shall be on a spreadsheet provided by DLA Troop Support. Report shall indicate all upcoming events and trade shows as well as customer visits related to the F&ESE TLS Program that will be attended by the TLS Contractor in the subsequent calendar month.

f. Monthly Ability One Report: The TLS Contractor shall provide a monthly Ability One report within 15 days from the end of each calendar month. Report shall be on a spreadsheet provided by DLA Troop Support. Report shall detail efforts to contract or subcontract with nonprofit agencies who participate in the program operated by the Committee for Purchase From People who are Blind or Severely Disabled in the preceding calendar month.

As stated in Amendment 0001, none of the PEL items are on the Ability One Procurement List. The Monthly Ability One Report is a reporting requirement.

B.The following are additional questions submitted by interested parties and the Government’s responses. An offeror’s question may not appear in the exact wording or in the format submitted. All page numbers listed are referring to the

RFP.

1.Question: What is the proposed period of performance for this contract? (i.e. anticipated award and start date)

Response: The Government anticipates award prior to the end of the current generation’s contracts on March 20, 2024.

Per page 6., 6. Continuation of Blocks 19-24: Schedule of Supplies/Services, D. Term, “The contracts resulting from this solicitation will be IDIQ Contracts with base ordering periods of two (2) years and four (4) two-year option periods for a maximum term of ten (10) years.”

2.Question: As the current iteration of FESE has another option year, is the intent to award a new contract rather than exercise the final option?

Response: The determination to exercise the final option year on the current program will be in accordance with FAR, DFARS and DLAD part 17 and the needs of the program.

3.Question: Several of the MFGs listed on the PEL are large businesses, and this is a 100% small business set-aside.

Have individual/class waivers been approved for the PEL items?

Response: Per page 8., Caution Notice, section 7., “This solicitation is being issued as a 100% Total Small Business Set-Aside (SBSA) acquisition with an Individual Waiver to the Non-Manufacturer Rule.” Under this Individual Waiver, a small business concern may supply the product of both large and small businesses.

4.Question: If products are requested from a foreign OEM, with a foreign shipping point and OCONUS delivery destination, how are customs, duties, and foreign taxes to be mitigated?

Response: Per Page 61., Statement of Work, section 8. Delivery Requirements, “The TLS Contractor is contractually responsible for all shipments.” Therefore, the TLS Contractor is responsible for whether and when customs, duties and foreign taxes related to those shipments are applicable.

5.Question: Based on the page (2) of Attachment 2 Potential Delivery Locations included with the RFP – Please confirm that if an awardee is required to ship the products to CENTCOM, the government will pay for the shipping using the Government transportation via DLA Distribution and Consolidation Points (CCP)? Will we have to use the Vendor Shipment Module (VSM)?

Response: Per Page 60-61, Statement of Work, 8. Delivery Requirements, e. DLA CONUS Containerization and Consolidation Point (CCP) Requirements, “All orders being delivered to the U.S. Central Command (CENTCOM) shall also be required to ship using Government Transportation via DLA Distribution.” In addition, per section g. “With the exception of CENTCOM, the TLS Contractor is contractually obligated to be able to provide delivery via commercial transportation resources in both CONUS and OCONUS to the point of need. However, the Government reserves the right to use the system that is best able to meet mission requirements. Therefore, delivery may be to a CONUS based debarkation point and then transported via federal government assets to OCONUS locations.”

Procurement notes C18 SHIPPING INSTRUCTIONS FOR EXPORT AND U.S. TERRITORIES (AUG 2017), C19 TRANS-SHIPMENT OF MATERIAL THROUGH DLA CONTAINERIZATION AND CONSOLIDATION POINTS (CCP) (JUN 2020), and C20 VENDOR SHIPMENT MODULE (VSM) (JUN 2020) are included in the RFP and are applicable.

6.Question: Will an awarded vendor have legal binding of 2 years and 8 options years or a legal binding of 10 years?

Response: Per Page 6, D. Term, “The contracts resulting from this solicitation will be IDIQ Contracts with base ordering periods of two (2) years and four (4) two-year option periods for a maximum term of ten (10) years. Each contract awarded will contain a provision for unilateral option(s) on the part of the Contracting Officer to extend

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SPE8EH21R0001 - 0003

the term of the contract.” Per Page 7, Caution Notice, #4, “The exercise of options by the Contracting Officer is covered in FAR 52.217-9 entitled “Option to extend the term of the contract.” Acceptance of this clause is mandatory.

Therefore, submission of a proposal/offer shall be considered the offeror's acceptance of the option provision.”

7.Question: According to our understanding, once the items on the PEL list are awarded will it be an automated ordering to the particular vendor who is the lowest?

Response: No. This is not correct.

Per Page 50-51, Statement of Work, 2. Items Covered: “A price evaluation list (PEL) has been identified. The PEL is considered a representative sample of the types of items that may be required by DLA Troop Support customers throughout the duration of the contract. The list illustrates the types of supplies that have been provided under the current F&ESE TLS Contracts, which the TLS contractor may be required to furnish under the resultant contracts for the follow-on initiative. 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. Contractors are encouraged, when competing for delivery orders, to provide a quote less than their ceiling price.”

Per Page 55, Statement of Work, 7. Information Technology (IT)/Order Receipt Processing:

b. Ordering/Request for Quote Process Overview:

“1. Competition process for all delivery orders:

(a) All orders over the micro-purchase threshold 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, to meet contractual minimums, or to provide economy and efficiency as a logical follow-on to an order already issued in accordance with FAR 16.505(b)(2).

Note: Orders under the micro-purchase threshold may be competed among all awardees. Orders under the micro-purchase threshold may also be auto-awarded based on historical pricing obtained from previously competed delivery orders, or based on the pricing submitted on the PEL and incorporated into the Contract upon award.”