SPE8EH21R00010001 Amendment 0001.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.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CONTINUED ON NEXT PAGE

PAGE 2 OF 5 PAGES

SPE8EH21R0001 - 0001

A. The attachment “Pricing Letter to Manufacturers (PEL Items) FESE 6G” is being provided to assist vendors in obtaining quotes from manufacturers.

B. A revised Attachment 1 Price Proposal Spreadsheet (Amendment 0001) is being provided as part of this amendment.

Offerors are to use the Revised Attachment 1 Price Proposal Spreadsheet (Amendment 0001) for the Volume II Price Proposal Requirement listed on pages 3, 9, 66, 70, 71, 74, 75, 76, and 77 of the Request for Proposal (RFP).

1. The following changes are hereby made to the PEL items on Tab 1 of the revised Attachment 1 Price Proposal Spreadsheet (Amendment 0001).

PEL #006 – manufacturer part number updated to 9403

PEL #012 – manufacturer part number updated to Halotron I model B673; item description updated to Amerex Halotron I Model B673, UL rated 4-A:80-B:C; manufacturer name updated to Amerex

PEL #019 – manufacturer part number updated to 8205361

PEL #045 – manufacturer part number updated to HSH-25NHRL-10 PEL #046 – manufacturer part number updated to 150.012.247 PEL #047 – manufacturer part number updated to 150.012.306 PEL #048 – manufacturer part number updated to 150.012.324 PEL #049 – manufacturer part number updated to 150.032.102 PEL #050 – manufacturer part number updated to 150.032.101 PEL #051 – manufacturer part number updated to 159.000.100

PEL #064 – Item not complaint with sourcing restrictions; removed from PEL PEL #068 – Confirmed valid part number with manufacturer PEL #073 – manufacturer part number/ATO configuration code updated to A-ALT5X-B-L-K-F-1-0-E-C-0-2-0

PEL #082 – manufacturer part number updated to 867033

PEL #083 – manufacturer part number updated to PF210R-R-Y; Manufacturer updated to PF Distribution Center, Inc.; and Item Description updated to Single boxed PowerFlare, Rechargeable (replacement unit--does not charge without a 6-pack charger), Red LEDs, Yellow Shell.

PEL #094 – Manufacturer part number remains the same; item description updated to include the following - 20” bar WITHOUT depth limiter kit included.

PEL #97 – Item not in production; removed from PEL PEL #102 – Item not in production; removed from PEL PEL #110 –Manufacturer updated to PF Distribution Center, Inc.; Item Description updated to 6-Pack Rechargeable System, contains 6 rechargeable PowerFlare lights, 1 6-Pack Rechargeable System charging case, 12-24V vehicle charging cable (CABL-001), and a 100-240V US-style wall charger (ACDC- 001), Red LEDs, Yellow Shells.

PEL #112 – duplicate item; removed from PEL

C.The following changes are hereby incorporated into the RFP:

1. 6. Continuation of Blocks 19-24: Schedule of Supplies/Services, C. Pricing, 1), Page 5, the second sentence is hereby updated to read as follows: “The contractor must provide ceiling prices on a minimum of 90% of the 114 items on the PEL.

2.52.212-2 Evaluation - Commercial Products and Commercial Services (Nov 2021) FAR, e) Price Proposal Evaluation, section 5), page 81, is hereby updated to read as follows: “5) Offerors are advised that if any PEL items cannot be determined to be fair and reasonable for the awardee, they shall be removed from the List at time of award. NOTE: The Government may make an award for less than 114 PEL Items.”

D.The following are 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: Some manufacturers will not provide a quote without an end user listed, and "DLA Troop Support" is not sufficient. Can the Government provide an end user for quoting purposes?

RESPONSE: Specific end user information will not be provided. Per page 74 of the RFP, D. Instructions to Offerors Price Proposal, section 2. a. first bullet: “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 period and each applicable option period for items on the PEL. Pricing shall be for new/unused product. The prices are to be FOB Destination prices worldwide and include all applicable costs including marking and packaging requirements.”

2.QUESTION: Is there a cutoff date to submit questions?

RESPONSE: The current closing date is May 5, 2022; questions received too close to closing may not be answered.

Therefore, in order to ensure questions can be addressed timely, offerors should submit any questions regarding the solicitation to the FESE Contract Renewal Team at FESEContractRenewal@dla.mil no later than COB on Thursday, April 21, 2022.

PAGE 3 OF 5 PAGES

3.QUESTION: SOW 2.i.3-6, p. 51-52: Could DLA provide an estimate for how many NSNs will need to be priced for addition to the ordering agreement immediately following award?

RESPONSE: There are currently no NSN items being supported under the FESE TLS Program.

4.QUESTON: SOW 7.b.1.a, p. 55: Will NSNs be competed and auto-awarded under separate contracts after award to accommodate different processes and cost recovery rates (CRR)? If so, how many contract numbers will one contractor have, and what are the associated CRRs with each contract?

RESPONSE: Per the SOW, under 7. Information Technology/Order Receipt Processing, section b.1.a. on page 55 of the RFP, “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.” There are currently no NSN items being supported under the FESE TLS Program. However, should NSNs be added, the above requirement may be applicable.

DLA Troop Support does issue administrative contract numbers post-award to accommodate various cost recovery rates such as lower rates for high dollar value items and to accommodate micro-threshold auto-awards (if applicable). The number of administrative contract numbers is based on the needs of the program, the needs of the IT system architecture, and the needs of the warfighter.

The DLA Troop Support cost recovery rate is a surcharge that covers DLA’s operational and administrative costs, which is added to each TLS delivery order prior to customer billing and shall be discussed with all awardees on a post-award basis. As stated in the RFP, the prices offered DO NOT INCLUDE the DLA Troop Support cost recovery rate.

5.QUESTION: SOW 8.b, p. 60: "With the exception of items on the PEL and items added with ceiling prices post-award, the item unit price for urgent and emergency orders shall be the same item unit price as if the order was a routine/ non-emergency order." Does this reference allow contractors to price PEL and other ceiling price items differently for urgent and emergency orders after award?

RESPONSE: No. 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 period and each applicable option period for items on the PEL for any order and under any condition. The intent of this statement is to convey that for non-PEL items, the Government understands there may be an increase charge due to urgent or emergency shipping cost, but the actual item unit price shall be the same as if this were a routine order.

6.QUESTION: SOW 11.d, p. 63: Is there a specific commercial packing list standard required?

RESPONSE: There is no standard required. The minimum requirements are listed in the SOW under 11. Preservation, Packaging, and Marking section d. on page 63 of the RFP.

7.QUESTION: SOW 11.e, p. 59, 62-63: Does the requirement for MIL-STD-129 refer to the latest revision, MIL-STD-129R?

RESPONSE: All references to MIL-STD-129 are for the latest revision.

8.QUESTION: Proposal Instructions C.I, p. 71-72: The recency period for past performance references is based on the initial solicitation closing date, but annual sales, delivery orders, etc. is based on “each full year the contract was serviced.” Does DLA want data for questions C.I.4.g-l based on full calendar years (2018-2021) within the allowed relevancy period (05/06/2017 to 05/05/2022)?

RESPONSE: No. For C. Instructions to Offerors Non-Price Proposal (Volume I), Factor I Past Performance – Confidence Assessment, sections 4. (g) through (k) on page 72, the information is to be based on each full year the contract was serviced within 5/6/2017 to 5/5/2022; the information is to be based on contract year, not calendar year.

9.QUESTION: Due to the dollar value, shouldn’t the Trade Agreements Act be applicable instead of the Buy American Act?

RESPONSE: As a set-aside, the Buy American Act is applicable. In addition, per the Caution Notice, section 6., page 6 and per the Statement of Work, section 15. Source Restriction Compliance Plan, page 64 “for this procurement, contractors shall only provide end items that are manufactured or substantially transformed in the United States or a Qualifying or Designated country, as set forth in FAR 25.003 and DFARS 225.003.”

10.QUESTION: The FAR Clause 52.208-9 CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY OR SERVICES (MAY 2014) is included in the RFP. Are any of the PEL items reserved for Ability One?

RESPONSE: No, none of the PEL items are on the Ability One Procurement List. Therefore, none of these items are reserved for Ability One.

11.QUESTION: The following FAR clause is included in the RFP: 52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY USE PROGRAM (APR 2008) but the Contracting Officer did not check-off either box within the clause.

RESPONSE: Per the Caution Notice, section 17., page 10, “FAR 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use and FAR 52.211-15 Defense Priority and Allocation Requirements are included in the solicitation and any resultant contracts. Though the basic contract is not rated, individual delivery orders may be rated.”

12.QUESTION:

The following clauses were included in the solicitation:

•252.225-7040 CONTRACTOR PERSONNEL SUPPORTING U.S. ARMED FORCES DEPLOYED OUTSIDE THE UNITED STATES (OCT 2015) DFARS •252.225-7980 CONTRACTOR PERSONNEL PERFORMING IN THE UNITED STATES AFRICA COMMAND AREA OF RESPONSIBILITY (DEVIATION

2016-O0008) (JUN 2016) DFARS

•252.225-7993 PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (DEVIATION 2020-O0022) (AUG 2020) DFARS

PAGE 4 OF 5 PAGES

•252.225-7995 CONTRACTOR PERSONNEL PERFORMING IN THE UNITED STATES CENTRAL COMMAND AREA OF RESPONSIBILITY (DEV 2017-

O0004) (SEPT 2017) DFARS

•252.225-7987 REQUIREMENTS FOR CONTRACTOR PERSONNEL PERFORMING IN THE U.S. SOUTHERN COMMAND AREA OF RESPONSIBILITY

(DEVIATION 2021-O0004) (FEB 2021) DFARS

Will this contract require contractor personnel being deployed?

RESPONSE: As stated in the Statement of Work, Section 1. Scope, a., Page 49, “The scope of work under the Fire & Emergency Services Equipment (F&ESE) Tailored Logistics Support (TLS) Program includes the total logistics support for the fire and emergency services equipment requirements of DLA customers to include military installations and federal activities worldwide. The primary purpose of the proposed TLS Program is to provide support to authorized customers for all fire and emergency services equipment, supplies, and related incidental services necessary to perform their missions.” Given the worldwide support, the above clauses have been included should performance in the AORs be requested.

13.QUESTION: Some suppliers are not willing to guarantee a 10-year NTE price. Due to the high inflation rate, to include sharp increases in oil and other commodities and overall volatility in the economy, would DLA consider adding a Price Redetermination clause?

RESPONSE: A Price Redetermination type clause or EPA type clause will not be added. The solicitation utilizes base period and option year pricing. Offerors must make business decisions with regards to their Proposal. As stated in the RFP under FAR 52.212-1 Instructions to Offerors – Commercial Items, D. Instructions to Offerors Price Proposal (Volume II), page 74, “Offerors shall submit a firm fixed Ceiling Price expressed as a per unit dollar amount for a minimum of 90% of the exact items or acceptable alternates listed on the PEL for the Base Period and each Option Period.” In addition, “the price evaluation list is a representative sample of the types of items purchased by DLA Troop Support. 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 period and each applicable option period for items on the PEL.” As stated under 6. Continuation of Blocks 19-24: Schedule of Supplies/Services, C. Pricing, section 2., Note, page 6, “Contractors are encouraged, when competing for delivery orders, to provide a quote less than their ceiling price.”

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 5 PAGES

Attachments

List of Attachments

Description File Name ATTACH_Price_Proposal_

Spreadsheet ATTACH_Attach_1 Price Proposal (Amendment

0001).xlsx ATTACH_Pricing_Letter_to

_MFGS

Pricing Letter to

Manufacturers (PEL Items) FESE 6G.pdf