SPM300-08-R-0061 Amendment 0018 29 May 09 Original Published Version.pdf

AMENDMENT OF SOLICITATION/MODIFICA TION OF CONTRACT

15B. CONTRACTOR/OFFEROR

1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

29 May 2009

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

6. ISSUED BY

DEFENSE SUPPLY CENTER PHILADELPHIA

DIRECTORATE OF SUBSISTEN CE, BLDG. #6

700 ROBBINS AVENUE

PHILADELPHIA, PA 19111-5092

POC: LINDA L. FORD/DSCP-FTAH/215-737-7804

SPM300CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NO.

SPM300-08-R-0061

9B. DATED (SEE ITEM 11)

02 MAY 08

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMEN TS OF SOLICITATIONS

Offer must acknowledge receipt of this amendment prio r to the hour a nd da te specif ied in the solic itat ion or as a mende d, by one of the fol lowing met hods:

12. Accounting and Appropriation Data (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICA TIONS OF CONTRACTS/ORDERS,

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

(X) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify a uthority) 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 c hanges in pa ying off ice, a ppropr iat ion 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:

D. OTHER (Specify type of modif icat ion and aut hority)

E. IMPORTANT: Contractor is not, is required t o sign t his document and ret urn copies to the issuing off ice.

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

The details of this amendment are provided on the following pages.

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)

(Signatu re o f pe rson aut hori zed to sign)

15C. DATE SIGNED

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

16B. UNITED STATES OF AMERICA

(Signature of Cont racting Off icer)

16C. DATE SIGNED

BY

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

The above numbered sol icitat ion is amended as set fo rth in Item 14. T he hour and date specif ied for receipt of Offers is ext ended, is not exte nded.

submitted ; or (c ) By se parate letter or tele gram wh ich inc ludes a refere nce to the sol icitat ion and amendme nt numbers. FAILURE OF YOUR ACKNOW LEDGMEN T TO BE RECEIVED AT THE PLACE DESIGNATED FOR TH E RECEIPT OF OFFERS PRIOR TO THE H OUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you de sire t o change an offer already subm itted, such change may be made by te legram or le tter, provided eac h tele gram o r lett er mak es ref erence to the solicitat ion a nd th is am endme nt, a nd is rece ived prior to t he opening hour and date speci f ied.

(a) By comp leting Items 8 and 15, a nd ret urning copies o f the amendm ent; ( b) By acknow ledging rece ipt of this amendm ent on each copy o f the offer

NSN 7540-01-152-9070

PREVIOUS EDITION UNUSABLE

PerFORM (DLA)

SPM300-08-R-0061 Amendment 0018

1. Given anticipated changes in the military and political situation in Iraq, major adjustments have been made to the solicitation requirements as stated herein. Most significantly, the base and option year terms, zone structure, catalog distribution list, schedule of items, estimated quantities, estimated dollar values, and pricing methodology have been revised. The revised estimates were developed using current contract data adjusted by troop strength projections as a result of the Status of Forces Agreement (SOFA), effective January 01, 2009. Any estimates provided in this amendment are subject to be increased or decreased based on the actual conditions on the ground.

A revised solicitation, which contains all amendments, 0001 thru 0018 will be available on the following DSCP web site by close of business on the next business day post the issue date of amendment 0018: www.dscp.dla.mil/subs/pv/regions/mideast/pvmideast.asp. It will only be color-coded to show the specific changes contained herein. The original solicitation and the previous version of the solicitation that contained color-coded amendments 1 thru 17 will also remain available on the DSCP web site for your convenience. Amendments will also be available on the following sites: www.dibbs.bsm.dla.mil and www.fbo.gov.

2. The closing date for this solicitation has been extended. On page 2, revise the “OFFER DUE DATE/LOCAL TIME” from February 3, 2009, 3:00 P.M. PHILADELPHIA TIME to July 30, 2009, 3:00 P.M. PHILADELPHIA TIME and replace the note with the following:

NOTE: This revised solicitation, which contains all amendments, 1 thru 18 shall be signed by each offeror and submitted along with each offer. Only one originally signed copy of this solicitation document is required for submission. One originally signed copy of Amendment 0018 and any future amendment(s) shall also be signed and submitted with each offer.

Facsimiles and E-mails are not acceptable forms of transmission for any offer submitted in response to amendment 0018. All offers are required to be mailed to the DSCP Post Office Box 56667 or hand carried to the DSCP Business Opportunities Office as described on pages 2-3 of the solicitation.

New initial offers will be accepted. New offers shall be submitted in accordance with the methods and to the locations set forth on pages 2-6 and 142-170 of the solicitation as amended.

Firms that have previously submitted offers and want to be considered for award are required to submit revised offers. Failure to submit a revised offer shall result in the rejection of the offeror’s entire existing proposal.

Technical proposals shall re-address all technical factors in consideration of the contents of this amendment. The re-submitted technical proposal must be a complete document without reference to the existing proposal. Six copies of the re-submitted technical proposal are required for submission.

Cost or price proposals must be submitted on the revised catalog distribution list and schedule of items, attachments 1 and 2, respectively. The revised attachments will be automatically forwarded by DSCP to the point of contact of record for each existing offer via e-mail by close of business on the next business day post the issue date of amendment 0018. The re-submitted cost or price proposal must be a complete document without reference to the existing submission. One copy in Microsoft Excel Spreadsheet format on a CD and one http://www.dscp.dla.mil/subs/pv/regions/mideast/pvmideast.asp http://www.dibbs.bsm.dla.mil/ http://www.fbo.gov/ paper copy, of the cost or price proposal are required for submission. All quotes and/or invoices must be re-submitted. Any quote or invoice that references more than one item must be copied and submitted one for each item on the schedule, in item number sequence.

3. On page 3, revise “Block 17A (Continued)” as follows:

OFFERORS: SPECIFY

CAGE CODE:________________________________________________

PRIMARY COMPANY POC/NEGOTIATOR______________________

PHONE #:___________________________________________________

E-MAIL ADDRESS:__________________________________________

FAX NUMBER:______________________________________________

4. On page 3, revise the last sentence of the paragraph entitled “Authorized Negotiators” as follows: Please list names, titles, e-mail addresses, and telephone numbers for each authorized negotiator.

5. On page 4, revise the second and third paragraphs of the “Caution Notice” to read as follows:

This solicitation involves support of customers who are currently within a war zone. The zone to be supported under this solicitation has been designated as a contingency operation in accordance with the definition at FAR 2.101. Offerors are advised to consult with the U.S. Department of State (www.travel.state.gov) for the latest information on the political and security conditions in the solicited zone.

The Category/Distribution List and the Schedule of Items, Attachments 1 and 2 will only be provided by DSCP to new offerors upon request (e-mail request is preferred). See below e-mail contact information. Cost or Price Proposals are required to be submitted using attachments 1 and 2, which are in the Microsoft Excel Spreadsheet format.

Offerors are required to submit the spreadsheet on CD as well as a printed hard copy.

Any proposal which does not include a printed hard copy as well as a copy on CD may result in the rejection of the entire proposal.

DSCP Points of Contact:

Ginny.Barnwell@dla.mil Timothy.Dlugokecki@dla.mil Linda.Ford@dla.mil

6. On page 4, revise the note at the bottom of the page to read as follows: Note: Any firm that previously submitted an offer on this solicitation SPM300-08-R-0061 should automatically receive revised attachments 1 and 2 via e-mail by close of business on the next business day post the issue date of amendment 0018. If you do not receive attachments 1 and 2 within the stated time frame, please submit a request as instructed above.

7. On page 6, delete and replace the chart as follows:

Number Reminder Check 1 Request attachments 1 and 2 from the Contracting Officer, as indicated below and use the provided spreadsheets for submission of your pricing information?

2 Fill in and sign SF1449 as required?

3 Print one copy of the solicitation that contains amendments 1 thru 18 from the DSCP web site www.dscp.dla.mil/subs/pv/regions/mideast/pvmideast.asp? Return one (1) signed and http://www.travel.state.gov/ mailto:Ginny.Barnwell@dla.mil mailto:Timothy.Dlugokecki@dla.mil mailto:Linda.Ford@dla.mil http://www.dscp.dla.mil/subs/pv/regions/mideast/pvmideast.asp

Number Reminder Check completed copy of this solicitation with your proposal?

4 Return one (1) signed copy of amendment P0018 and any future amendments.

5 Prepare and return 6 copies of the Technical Proposal and 2 copies of the Cost or Price

Proposal?

6 Submit the Cost or Price Proposal on the formatted spreadsheets (attachments 1 and

2) in accordance with the instructions in the solicitation (one copy on CD and one hard copy).?

7 Submit a MANUFACTURER’S quote or invoice for every item listed on attachment 2

(ONE COPY OF THE QUOTE OR INVOICE FOR EACH INDIVIDUAL ITEM)?

Label or use a cover sheet for each quote or invoice to identify the item number from the schedule that it supports? Submit the quotes or invoices in item number sequence? Submit quotes or invoices that are dated within forty-five (45) days prior to the date specified for receipt of offers (initial or revised, whichever is later)? Are FOB Origin Terms clearly identified on the quote or invoice? Is the product price based on Full Truck Load Quantities? Is the NAPA discount clearly identified on the quote or invoice and removed from the product price? Refer to solicitation for actual requirements.

8 Submit a list of CONUS and OCONUS “Distribution Points” or “Places of Performance” that will directly support the proposed customers? Warehouses functioning as backups should be designated as such. See the submission requirement for technical factor III, c.

Pipeline.

9 Check your math for accuracy on your Cost or Price Proposal?

10 Submit your best offer?

11 Submit a Subcontracting Plan if your firm is a large domestic business?

12 Identify your authorized negotiators on page 4 as required. Did you identify which negotiator will serve as the primary point of contact?

8. On page 6, delete and replace the first four sentences below the chart as follows: Please contact Contract Specialist Ginny Barnwell or Contracting Officers Timothy Dlugokecki or Linda Ford in order to receive an electronic copy of the category/distribution list and schedule of items, attachments 1 and 2. The schedule of items format will be Microsoft Excel Spreadsheet. As stated in note 6 above, please provide a printed hard copy of the Cost or Price Proposal as well as a copy on CD in the provided format. Any proposal which does not include a printed hard copy as well as a copy on CD may result in the rejection of the entire proposal.

9. On page 7, revise the “List of Documents, Exhibits, and Other Attachments as follows:

Attachment 1 – Category/Distribution List Attachment 2 – Schedule of Items Attachment 3 – NAPA Holders Listing Attachment 4 – STORES EDI Information & 810 Transaction Set

Attachment 4a – 832 Catalog (Vendor to DSCP) – Proposed Modifications to Common Food Management System (CFMS

Attachment 5 – Sample Subcontracting Plan (Large Domestic Firms only)

10. On page 8, revise the date of “FAR 52.212-4” from “FEB 2007” to “MAR 2009.”

11. On page 8, paragraph (a), add the following after the third sentence: If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services.

12. On page 8, paragraph (a), delete the last sentence.

13. On page 9, revise paragraph “(i) Payment (2) Prompt Payment” as follows: The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

14. On page 9, revise paragraph “(5) Overpayments” and add paragraph “(6) Interest” as follows:

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement;

or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

15. On pages 10 and 11, revise paragraph “(r) Compliance with Laws Unique to Government Contracts” as follows: The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 U.S.C.

40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

16. On page 11, revise number (7) in paragraph “(s) Order of Precedence” as follows:

(7) The Standard Form 1449

17. On page 11, revise paragraph “(2)(i) (B)” as follows: comply with the requirements of Subpart 42.12 of the FAR;

18. On page 14, revise the date in the chart for FAR 52.232-17 from “JUNE 1996” to “OCT 2008.”

19. On pages 39 thru 44, remove and replace FAR 52.212-5 as follows:

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS

(APRIL 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combatting Trafficking in Persons (FEB 2009) (22 U.S.C.

7104(g))

___ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g))

(2) 52.233-3, Protest after Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L., 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

{Contracting Officer shall check as appropriate.} _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub.L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note))

_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111-5)

___ (4) 52.204-11, American Recovery and Reinvestment Act - Reporting Requirements (MAR 2009) (Pub. L. 111-5)

__ (5) 52.219-3, Notice of Total HUBZone Set-Aside (JAN 1999) (15 U.S.C. 657a).

_X_ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a)

___ (7) [Reserved]

___ (8) (i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-6.

___ (iii) Alternate II (MAR 2004) of 52.219-6.

___ (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-7

___ (iii) Alternate II (MAR 2004) of 52.219-7.

_X_ (10) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C.

637(d)(2) and (3)).

_X_ (11) (i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637 (d)(4)). [Add Alternate I when using Sealed Bidding procedures. Add Alternate II when subcontracting plans are required at time of initial proposal; generally, this Alternate should be included.]

_X_ Alternate II (OCT 2001) of 52.219-9.

___ (12) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

_X_ (13) 52.219-16, Liquidated Damages - Subcontracting Plan (JAN 1999) (15 U.S.C.

637(d)(4)(F)(i)).

[Paragraphs 14 through 16 are not applicable to DoD contracts at this time.]

___ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (SEPT 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (JUNE 2003) of 52.219-23 ___ (15) 52.219-25, Small Disadvantaged Business Participation Program - Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program – Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (15 U.S.C. 657 f) _X_ (18) 52.219-28, Post Award Small Business Program Rerepresentation (APRIL 2009) (15 U.S.C. 632(a)(2)).

_X_ (19) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

_X_ (20) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126).

_X_ (21 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

_X_ (22) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

_X_ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans,Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

_X_ (24) 52.222-36, Affirmative Action for Workers with Disabilities (JUNE 1998) (29 U.S.C. 793).

_X_ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

_X_ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201) ___ (27) 52.222-54, Employment Eligibility Verification (JAN 2009) (Executive Order 12989) (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (28)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).

___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)) ___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b)

___ (30) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423)

(ii) Alternate I (DEC 2007) of 52.223-16

[Paragraphs (31) - (33) are not applicable to DoD contracts and have been deleted.] _X_ (34) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.o.s., proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150)

____ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(NOV 2007) (42 U.S.C. 5150)

___ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f).

___ (38) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f).

_X_ (39) 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

___ (40) 52.232-34, Payment by Electronic Funds Transfer – Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332.)

___ (41) 52.232-36, Payment by Third Party (MAY 1999)(31 U.S.C. 3332.)

___ (42) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a) [Paragraph (43) is not applicable to DoD contracts and has been deleted.]

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, which the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

___ (1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Contracts) (NOV 2006) (41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act - Price Adjustment (FEB 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Requirements (NOV 2007) (41 U.S.C. 351, et. seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services - Requirements (FEB 2009) (41 U.S.C. 351, et. seq.)

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L. 110-247)

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEPT 2008) (31 U.S.C. 5112 (p)(1))

(d) Comptroller General Examination of Record.

The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) or (d) of this clause, the Contractor is not required to include any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L.

110-252, Title VI, Chapter 1 (41 U.S.C. 251 note))

(ii) 52.219-8, Utilization of Small Business Concerns (MAY 2004)(15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontractor (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219- 8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111-5). Applies to contracts funded under the Act.

(iv) 52.222-26, Equal Opportunity (MAR 2007)(E.O. 11246);

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans,Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006)(38 U.S.C. 4212);

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUNE 1998)(29 U.S.C. 793);

(vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201)

(viii) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combatting Trafficking in Persons FEB 2009) (22 U.S.C. 7104(g).

___ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C 7104 (g))

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Requirements (NOV 2007) (41 U.S.C.351, et.seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services - Requirements (FEB 2009) (41 U.S.C. 351, et. seq.)

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009)

(xiii) 52.226-6, Promoting Excess Food Donations to Nonprofit Organizations (MAR

2009) (Pub. L. 110-247). Flow dowin required in accordance with Paragraph (e) of FAR 52.226- 6.

[Paragraph (xiv) is not applicable to DoD contracts and has been deleted.]

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

20. On page 45, revise the date of “DFARS 252.212-7001” from “MAR 2008” to “JAN 2009.”

21. On pages 45 and 46, revise paragraphs “(b)” and “(c)” as follows:

(b) The Contractor agrees to comply with any clause that is checked on the following list of DFARS clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

(1) _X__252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009)(Section 847 of Pub. L. 110-81)

(2) _X__252.205-7000, Provision of Information to Cooperative Agreement Holders (Dec 1991) (10 U.S.C. 2416).

(3) _X__252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (Apr 2007) (15 U.S.C. 637).

(4) ___252.219-7004, Small Business Subcontracting Plan (Test Program) (Aug 2008) (15 U.S.C. 637 note)

(5) _X__252.225-7001, Buy American Act and Balance of Payment Program (Jan 2009) 41 U.S.C. 10a-10d, E.O. 10582)

(6) _X__252.225-7012, Preference for Certain Domestic Commodities (Dec 2008) (10 U. S. C.

2533a) [If checked, the full text of the clause will be included in the solicitation]

(7) ___ 252.225-7014, Preference for Domestic Specialty Metals (June 2005)(Deviation)(10 U.S.C. 2533a). [If checked, the full text of the clause will be included in the solicitation]

(8) ___ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (June 2005)

(10 U.S.C. 2533a). [If checked, the full text of the clause will be included in the solicitation]

(9) ___252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (Mar 2006) (Section 8065 of Pub L. 107-117 and the same restriction in subsequent DoD appropriations acts).

(10) ___252.225-7021, Trade Agreements (Nov 2008)(19 U.S.C. 2501-2518 and 19 U.S.C.

3301 note)

(11) ___252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (Apr 2003) (22 U.S.C.2779) (Insert___________ in paragraph (b)(1))

(12) ___252.225-7028, Exclusionary Policies and Practices of Foreign Governments (Apr 2003) (22 U.S.C. 2755).

(13)(i) ___252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (Jan 2009) (41 U.S.C.10a - 10d and 19 U.S.C. 3301 note) (ii)___ Alternate I (Oct 2006) of 252.225-7036.

(14) ___252.225-7038, Restriction on Acquisition of Air Circuit Breakers (June 2005) (10 U.S.C. 2534(a)(3))

(15) _X__252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (Sep 2004) (Section 8021 of Pub. L.

107-248 and similar sections in subsequent DoD appropriations acts).

(16) ___252.227-7015, Technical Data -- Commercial Items (Nov 1995)(10 U.S.C. 2320).

(17) ___252.227-7037, Validation of Restrictive Markings on Technical Data (Sep 1999) (10 U.S.C. 2321).

(18) _X__252.232-7003, Electronic Submission of Payment Requests (Mar 2008)(10 U.S.C.

2227)

(19) _X__252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375).

(20) _X__252.243-7002, Requests for Equitable Adjustment (Mar 1998)(10 U.S.C. 2410).

(21)(i) _X__252.247-7023, Transportation of Supplies by Sea (May 2002)(10 U.S.C. 2631).

(ii) _X__ Alternate I (Mar 2000) of 252.247-7023.

(iii) ___ Alternate II (Mar 2000) of 252.247-7023.

(iv) ___Alternate III (May 2002) of 252.247-7023.

(22) _X__252.247-7024, Notification of Transportation of Supplies by Sea (Mar 2000) (10 U.S.C. 2631).

(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and

Conditions Required to Implement Statutes or Executive Orders-Commercial Items clause of this contract (Federal Acquisition Regulation 52.212-5), the contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(1) 252.225-7014, Preference for Domestic Specialty Metals, Alternate I (Apr 2003) (Deviation) (10 U.S.C. 2533a).

(2) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375).

(3) 252.247-7023, Transportation of Supplies by Sea (May 2002) (10 U.S.C. 2631).

(4) 252.247-7024, Notification of Transportation of Supplies by Sea (Mar 2000) (10 U.S.C. 2631).

22. On page 47, revise paragraphs “A” and “E” as follows:

A. This solicitation involves support of customers who are currently within a war zone. The zone to be supported under this solicitation has been designated a contingency operation in accordance with the definition at FAR 2.101. Offerors are advised to consult with the U.S. Department of State (www.travel.state.gov) for the latest information on the political and security conditions in the solicited zone.

E. Due to the anticipated drawdown in Iraq, DSCP has determined that only one zone

(Kuwait, Iraq, and Jordan) is required to support all of the military customers located in Kuwait, Iraq, and Jordan; i.e., military shore and/or ship facilities, mobile kitchen tent facilities (MKT’s), ration break points, trailer-transfer points, and military training exercise locations.

23. On page 48, revise paragraphs “F thru H” and “A” as follows. Also, delete paragraph “I.”

F. The Prime Vendor will need to transport full and empty containers/trucks to and from Iraq under the supervision of a U.S. Army convoy. Private security is presently prohibited (see page 60). The vendor is responsible to honor the provisions of clause 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside The United States (Mar 2006), and all clauses which may supplement or supersede it. Iraq convoy routes are established via Kuwait. A vendor(s) needs to have, at a minimum, operations in Kuwait to include a physical warehouse location and a distribution network.

G. Travel in Iraq remains dangerous. Various forms of terrorist and criminal elements remain active. Military operations continue. Attacks against military and civilian targets, including military convoys throughout Iraq continue. Offerors are advised to consult with the U.S. Department of State (www.travel.state.gov) for the latest information on the political and security conditions in the above zone.

H The Government intends to make one award for this zone. The contract shall be for a term of eighteen (18) months and will include four (4) available option periods. Option years one, two and three will be one-year each while option year four (4), the final available option will be eighteen (18) months.

A. One Zone – Kuwait, Iraq, and Jordan:

This zone includes multiple ordering facilities, as listed in the Deliveries and Performance section of this solicitation. Ordering facilities can be added and/or subtracted as conditions warrant based on U.S. Government request and applicable Military Service/customer needs. In order to provide an estimate of the size of the contract, an approximate dollar value has been annotated as follows:

Total estimated sales for the base period (18 months): $786,546,507.84

Note: The estimated sales volume was developed using current contract data adjusted by troop strength projections as a result of the Status of Forces Agreement (SOFA), effective January 01, 2009. The estimated sales volume may be increased or decreased based on the actual conditions on the ground. The estimated sales volume is for Kuwait and Iraq ordering facilities only. The Government does not have at this time customer site locations in Jordan. The Government no longer has a prime vendor warehouse platform requirement in Jordan to support customers covered under this contract as a result of the military troop level reduction effectuated by the SOFA.

24. On page 49, paragraph “C,” revise the first paragraph as follows: The prime vendor must have the ability to perform delivery of produce, market ready, and dairy type items from local Kuwait approved sources. Delete the second paragraph. The third paragraph remains unchanged.

Revise the fourth paragraph as follows: Estimated market ready items and their usage quantities are identified in the schedule of items and are included in the total estimated annual sales dollars.

25. On page 51, revise the last two paragraphs and the chart as follows:

Estimated GFM distribution quantities are identified on the schedule of items, categories 179 to 194.

Estimated GFM Storage, open case inspection, labeling and disposal requirements for the base (18 month) period are identified as follows. GFM estimates were developed using current contract data adjusted by troop strength projections as a result of the Status of Forces Agreement (SOFA), effective January 01, 2009. GFM estimates may be increased or decreased based on the actual conditions on the ground.

GFM Description Unit of

Measure Qty

Storage UGR H&S Group Ration CS 3,823 Storage UGR-A Semi-Perishable (2 CS per UOM) CS 29,354 Storage UGR-A Perishable Group Rations CS 29,941 Storage Individual Feeding Rations CS 159,177 Storage UGR-E CS 154

GFM Description Unit of Measure

Qty

Storage First Strike Ration CS 2,000 Storage MARC Meals CS 6,363 Storage Heater Cans CS 750 Storage Heater Meals CS 375 Storage Health & Comfort Packs CS 2,197 Storage Gum CS 100 Storage Decorations CS 1,000 Storage Nutritional Drinks CS 73,500 Storage Energy Bars CS 600 Storage Other CS 225 Open Case Inspection CS 1,176 Open Case Re-Work CS 1,176 Labeling/Re-Labeling CS 1,176 Disposal CS 3,229

26. On page 52, paragraph “E,” revise the first and second sentence of the second paragraph as follows: It is estimated that the Prime Vendor will be required to maintain 45 days of supply of prime vendor product at all times at their OCONUS warehouse location(s). It is estimated that a minimum of 36,000 pallet spaces will be required to meet the solicitation requirements. These estimates were developed using current contract data adjusted by troop strength projections as a result of the Status of Forces Agreement (SOFA), effective January 01, 2009. They are subject to be increased or decreased based on the actual conditions on the ground.

27. On page 52, paragraph “F,” revise the first two sentences as follows:

The estimated base period (18 month) requirement for vehicle deliveries into Iraq follows:

Vehicle Type Iraq Delivery Destination Unit of Measure Estimated Quantity

Refrigerated FEU SCANIA & South of SCANIA Per vehicle, purchase order, & entry into convoy

4,219

Dry FEU SCANIA & South of SCANIA Per vehicle, purchase order, & entry into convoy

Extra Bobtail SCANIA & South of SCANIA Per vehicle, purchase order, & entry into convoy

Refrigerated FEU North of SCANIA to JOINT

BASE BALAD

Per vehicle, purchase order, & entry into convoy

8,437

Dry FEU North of SCANIA to JOINT

BASE BALAD

Per vehicle, purchase order, & entry into convoy

Extra Bobtail North of SCANIA to JOINT

BASE BALAD

Per vehicle, purchase order, & entry into convoy

Refrigerated FEU North of JOINT BASE BALAD Per vehicle, purchase order, & entry into convoy

4,219

Dry FEU North of JOINT BASE BALAD Per vehicle, purchase order, & entry into convoy

Extra Bobtail North of JOINT BASE BALAD Per vehicle, purchase order, & entry into convoy

It is estimated that a minimum of 450 trucks will be required to support the requirements of this solicitation. The average lead time for trucks returning from Iraq is 15 days. Note: The above estimates were developed using current contract data adjusted by troop strength projections as a result of the Status of Forces Agreement (SOFA), effective January 01, 2009. They are subject to be increased or decreased based on the actual conditions on the ground. One refrigerated Forty- Foot Equivalent Unit (FEU) truck is determined by a combined tractor head and reefer.

One dry FEU truck is determined by a combined tractor head and dry bed.

28. On page 53, add the following note to the end of the first paragraph: Note: The below estimates were developed using current contract data adjusted by troop strength projections as a result of the Status of Forces Agreement (SOFA), effective January 01, 2009. They are subject to be increased or decreased based on the actual conditions on the ground.

29. On page 53, revise the first two sentences of paragraphs “G(i)” and “G(ii)” and the revise the second paragraph in “G(iii)” as follows:

i. Iraq Transportation Officer (TO) Program. The Government estimates that, as a minimum, forty-four (44) to fifty-five (55) TOs will be assigned to the TO program.

ii. Iraq Squad Leader (SL) Program. The Government estimates that, as a minimum, eighty-six (86) to one-hundred and eight (108) SLs will be assigned to the SL program.

iii. Iraq Customer Service Representative (CSR) Program.

The Government estimates that, as a minimum, 1 CSR will be assigned to reside on a military base in Iraq.

30. On page 54, revise the first paragraph of “H(i).” Also, revise the title and the last two sentences of paragraph H(ii) as follows:

i. Contracting Officer Representatives (CORs)

It is estimated that two (2) persons, as a minimum, will be stationed at the Prime Vendor’s main distribution facility during office hours. The prime vendor is required to provide one secure office (approximately 150 square feet). It must be located within or adjacent to the Contractor’s facility with a self-closing, tight-fitting door, capable of being locked. Other requirements include (at a minimum): 2 office workstations, 2 chairs, 1-two door cabinet, 1 filing cabinet, 1 small refrigerator, 1 laser jet printer, 1 paper shredder (low volume simple office shredder), 1 business quality document scanner, 1 copy machine, electricity, temperature control, normal housekeeping services, use of the rest rooms, and 2 parking spaces.

ii. Office Space and Equipment for Army Veterinary Inspectors (AVIs)

It is estimated that two (2) to six (6) AVIs, as a minimum, will be stationed at the Prime Vendor’s main distribution facility during office hours. Estimated office and equipment requirements follow:

31. On page 55, revise the chart as follows:

Secure Office & Work area (approx. 135 sq meters) capable of being locked

1 Laser Jet Printer, Black and White

1 Computer with monitor. (minimum requirement:

Microsoft office, Acrobat Professional (read/write), Form Flow, Explorer, Battery back-up, internet access, and IT support.

3-12” wide wall lockers with locks for personal item storage

Paper Shredder, low volume simple office shredder 2 desks w/drawers and chairs or equivalent 1 Large Filing Cabinet 1 Couch, coffee table for break room 1 Microwave Oven Large 1 Refrigerator Large 1 Copy Machine Commercial stand up chill box for frozen sample thawing/slacking Commercial oven/stove with vented hood, 4 heating elements minimum

Floor Scale, tip, lbs 1-100, graduated or equivalent

Tabletop scale, digital (gram and oz) 2 parking spaces 4 sets, Freezer Coat/pants (for working in freezers) 4 Cutting Boards, commercial quality 18”x24”x3/4” Business quality document scanner 2 butcher knives 2 boning knives 2 Spoons, plain bowl, basting Stone, sharpening 2 Spatula, Stainless Steel 2 Metal Tongs, commercial 12” minimum 2 Pans, Cooking (18” and 12”) 3 Pots, Cooking Round (14qt, 8qt, and 4qt) 2 Pans, Baking Sheet (7330-00-633-8905) 1 Can Opener, Mounted (7330-00-205-3151) Ruler, Machinist’s Steel Rule; graduated to 1/8”, 1/16”, 1/32”, and 1/64”, 12” long, 5220-00-234-5224 1 Drill, ¼”. Cordless (Model 7078/1898 or equivalent) needed for internal temperature of frozen product

Metal Sieve with Catch Pan (USA Testing Sieve, A.S.T.M. -9450 E-11, Spec sizes No. 8 & 20 (for sifting products when looking for insects or spec req

3 Gauge, compound pressure, vacuum, dial (6685-00- 806-9300)

3 Small Trash receptacles for office

Miscellaneous Kitchen utensils, plates, cups, cleaning supplies

2 Large Trash Cans for food inspection area

Temperature control, as well as normal housekeeping services

Use of the rest rooms

32. On page 57, revise the second paragraph and chart as follows: The estimated base year (18 month) requirement for commercial airlifts, pallets and ice follow. These estimates were developed using current contract data adjusted by troop strength projections as a result of the Status of Forces Agreement (SOFA), effective January 01, 2009. They are subject to be increased or decreased based on the actual conditions on the ground.

Description Unit of Measure Qty Aircraft–Product Weight LB 3,230,548 Dry Pallet Tri-wall EA 19 Dry Pallet Non-tri-wall EA 849 Chilled Pallet Tri-wall EA 881 Frozen Pallet Tri-wall EA 1,599 Wet-Ice KG 13 Dry-Ice KG 80,098

33. On page 58, paragraph K, revise the second paragraph and chart as follows: The estimated requirements for overland transport (APOD/SPOD and Port to Port) are as follows. These estimates were developed using current contract data adjusted by troop strength projections as a result of the Status of Forces Agreement (SOFA), effective January 01, 2009. They are subject to be increased or decreased based on the actual conditions on the ground.

Description Unit of Measure Qty per Month Per Dry FEU Truck or Flatbed Per Round Trip Delivery 5 Per Refrigerated FEU Truck Per Round trip Delivery 20

34. On page 58, revise paragraph “L” as follows:

L. Overland Transport of Product Between Kuwait and Qatar

As directed by the Contracting Officer, the prime vendor may be required to transport product to or from a location in Qatar for customer support purposes. Transports may only be authorized via e-mail or other written correspondence by the Contracting Officer or Contracting Officer Representative and may not be used to rectify a situation created by lack of planning on the PV’s part.

The estimated requirement for overland transport between Kuwait and Qatar are as follows. These estimates were developed using current contract data adjusted by troop strength projections as a result of the Status of Forces Agreement (SOFA), effective January 01, 2009. They are subject to be increased or decreased based on the actual conditions on the ground.

Description Unit of Measure Qty per

Month Per Dry FEU Truck or Flatbed Per Round Trip Delivery 3 Per Refrigerated FEU Truck Per Round trip Delivery 10

35. On page 58, add paragraph “M” as follows:

M. Overland Transport of Product Between Kuwait and Jordan

As directed by the Contracting Officer, the prime vendor may be required to transport product to or from a location in Jordan for customer support purposes. Transports may only be authorized via e-mail or other written correspondence by the Contracting Officer or Contracting Officer Representative and may not be used to rectify a situation created by lack of planning on the PV’s part.

The estimated requirement for overland transport between Kuwait and Jordan are as follows. These estimates are were developed using current contract data adjusted by troop strength projections as a result of the Status of Forces Agreement (SOFA), effective January 01, 2009. They are subject to be increased or decreased based on the actual conditions on the ground.

36. On page 59, revise the first paragraph heading from “M” to “N.”

37. On page 64, paragraph “VII,” revise the first sentence as follows: Shipments to the solicited zone are subject to whatever country-to-country agreements may exist between those countries and the United States.

38. On pages 68 and 69, revise paragraph “IX” as follows:

The Government intends to make one award for the solicited zone.

Any award made against this solicitation will result in an indefinite quantity contract of a base period of eighteen (18) months and include four (4) available option periods.

Option years one (1), two (2) and three (3) will be one (1) year each while option period four (4), the final available option will be eighteen (18) months. The Government also reserves the right to rescind the solicitation and not to make any award.

Description Unit of Measure Qty per Month

Per Dry FEU Truck or Flatbed Per Round Trip Delivery 2 Per Refrigerated FEU Truck Per Round trip Delivery 7

39. On page 69, revise paragraph “X” as follows:

This solicitation will result in one indefinite quantity type contract that will have an eighteen (18) month base period and four (4) available option periods. Option years one (1), two (2), and three (3) will be one (1) year each while option period four (4), the final available option will be eighteen (18) months.