Amendment 2 - PDF FINAL.pdf

SPM300-11-R-0063 Page 1 of 56 Amendment 0002

SPM300-11-R-0063 Page 2 of 56

Page 8, Caution Notice:

Add the following:

Number Reminder Check 13 Submit a list of all your affiliates / subsidiaries / partially or wholly-owned companies that will be utilized for this contract.

Page 75, D. Product Transfers:

At the Contracting Officer’s discretion, a contractor may make internal transfers if they hold multiple prime vendor contractors. The receiving contractor must catalog the item(s) at the actual unit price as defined in this solicitation which is equal to the selling contractor’s product price plus the receiving contractor’s distribution price.

Page 75, E. Inventory & Warehouse Management:

NOTE 1: The 90,000 pallet requirement includes bottled water. It is estimated that the contractor will be required to maintain a minimum of 525,000 cases of bottled water.

NOTE 2: The minimum of 60 days of supply applies only to contractor-owned product.

Page 76:

Delete:

The contractor will be required to provide life support for the CORs. This support will provide for, but is not limited, to the following support items: cell phones, non-tactical, up-armored vehicles, security from one part of the warehouse to another, etc. It is estimated that this support will be priced at approximately $100,000 per year.

Substitute the following:

The contractor shall provide safe, secure, and clean working and living conditions for the CORs at the contractor’s main OCONUS distribution facility(ies).

The contractor shall provide the following for each COR, at a minimum:

SPM300-11-R-0063 Page 3 of 56

• 3 meals per day consistent with that provided its own personnel

• Bottled water available at all times

• Weekly laundry services

• A fully equipped single room with Air Conditioning and Heating, Refrigerator, Desk, Chair, Bed, Mattress, Wall Locker, Television, and DVD Player

• Basic satellite television access in the COR’s room

• A private bathroom

• A recreation area for use by the COR

• Internet access in the COR’s room

• Room supplies to include, but not limited to, linens, towels, and blankets

• A cell phone

• Cell phone cards for Roshan cell phones for COR’s use. These phone cards are for official government business use.

In addition, a non-tactical, up-armored vehicle must be provided for each OCONUS distribution facility(ies) as well as a diesel fuel allowance not to exceed $250.00 per month.

It is estimated that this support will be priced at approximately $300,000 per COR per contractor’s main OCONUS distribution facility.

Page 77, 1. Customer Service Representative (CSR) Program:

Delete:

The contractor CSR is of utmost importance to the success of Subsistence Prime Vendor (SPV) operations. The contractor shall treat the Government as one of their best customers therefore;

any favorable treatment and/or customer service policy given to other accounts shall also be given to the customers covered under this contract. The contractor CSR serves as the first-line of interface with customers. All customer interfacing contractor personnel that are required to communicate in any way with the customer and DLA are required to use and be proficient in English. Contractor customer service management must have the authority to make decisions to support effective and timely support operations within the context of normal contractual requirements. The contractor will ensure that communications concerning delivery order actions, issues, and concerns are funneled appropriately as required from and to the respective customer, the applicable military logistics commands, and DLA. The contractor will include DLA on all day-to-day correspondence and communications between the customer and contractor within the context of the contract (i.e. normal Delivery Order action such as substitutes, dispatch notices, invoicing, customer service feedback, normal Class I problem resolution actions, etc.). The contractor will divert and escalate issues that are not within the scope of the contract directly to the DLA Troop Support Contracting Officer. Contractor managers may be required to visit the Contracting Officer at DLA Troop Support on a semi-annual basis to discuss contract-related matters.

SPM300-11-R-0063 Page 4 of 56

Substitute the following:

The contractor CSR is of utmost importance to the success of Subsistence Prime Vendor (SPV) operations. Customer Service Representatives are full-time positions. These employees should have no other duties and responsibilities. The contractor shall treat the Government as one of their best customers therefore; any favorable treatment and/or customer service policy given to other accounts shall also be given to the customers covered under this contract. The contractor CSR serves as the first-line of interface with customers. All customer interfacing contractor personnel that are required to communicate in any way with the customer and DLA are required to use and be proficient in English. Contractor customer service management must have the authority to make decisions to support effective and timely support operations within the context of normal contractual requirements. The contractor will ensure that communications concerning delivery order actions, issues, and concerns are funneled appropriately as required from and to the respective customer, the applicable military logistics commands, and DLA. The contractor will include DLA on all day-to-day correspondence and communications between the customer and contractor within the context of the contract (i.e. normal Delivery Order action such as substitutes, dispatch notices, invoicing, customer service feedback, normal Class I problem resolution actions, etc.). The contractor will divert and escalate issues that are not within the scope of the contract directly to the DLA Troop Support Contracting Officer. Contractor managers may be required to visit the Contracting Officer at DLA Troop Support on a semi-annual basis to discuss contract-related matters.

Page 85, 7. Private Convoy Security:

a. Private Convoy Security is authorized for the existing contract; however, any award made against this solicitation will require new authorization. Comprehensive Private Convoy Security services, which the contractor is required to provide, include: vehicles, convoy commanders, guards, regional LNO’s 24 hour operation center, critical incident and medical response teams and live feed Command and Control and Situation Reporting.

b. Should the Government of Afghanistan change Private Convoy Security requirements, and in order to monitor current issues and announcements, the contractor shall refer to the following International Security Assistance Force (ISAF) website for details of such changes:

http://www.isaf.nato.int/.

c. The contractor shall submit to DLA Troop Support Individual Arming Packages for all the Private Convoy Security staff in accordance with CENTCOM Policy.

d. All personnel data must be input by the contractor into the Synchronized Pre-deployment and Operational Tracker (SPOT) system and the Biometric Automated Toolset System (BATS), IAW CENTCOM guidance. Submit SPOT application assistance questions to the Customer Support Team at 717-506-1358 or SPOT@technisource.com. The POC for BATS information will be provided post award.

SPM300-11-R-0063 Page 5 of 56

e. The contractor shall ensure that all employees in the database have a current DD Form 93, Record of Emergency Data Card, on file with both the Contractor and the designated Government official. The Contracting Officer will inform the Contractor of the Government official designated to receive the data card.

f. Prior to initial departure of convoys which employ Private Convoy Security, the contractor is required to submit to the DLA Troop Support Contracting Officer Representative the process that will be used to ensure integrated communications between the customer, the military base and contractor’s private security team.

g. Prior to departure of convoys which employ Private Convoy Security, the contractor is required to submit to the DLA Troop Support -COR’s a Convoy Status Report. This report must also include the names of the Private Security Force employees that will be working the convoy.

h. Currently, there are four (4) threat levels in the Afghanistan Area of Responsibility (AOR).

Each respective threat level will be used in the assessment by the contractor when determining how many guards, drivers, and security vehicles will be required for each truck in the convoy.

The four (4) threat levels are defined as follows:

T1: Low risk of terrorist attacks T2: General risk of terrorist attacks T3: Elevated risk of terrorist attacks T4: Severe / High risk of terrorist attacks

i. There is also a fundamental requirement to ensure that Private Convoy Security services are provided by a fully-licensed and law-abiding company, inclusive of both an Operations and Business license issued by the Government of Afghanistan, with the requisite oversight and management to successfully undertake the level of compliance required by the governments of Afghanistan and the United States.

Substitute the following:

a. Private Convoy Security is authorized for the existing contract; however, any award made against this solicitation will require new authorization. Comprehensive Private Convoy Security services, which the contractor is required to provide, include: vehicles, convoy commanders, guards, regional LNO’s 24 hour operation center, critical incident and medical response teams and live feed Command and Control and Situation Reporting.

b. Should the Government of Afghanistan change Private Convoy Security requirements, and in order to monitor current issues and announcements, the contractor shall refer to the following International Security Assistance Force (ISAF) website for details of such changes:

http://www.isaf.nato.int/.

c. The contractor shall submit to DLA Troop Support Individual Arming Packages for all the Private Convoy Security staff in accordance with CENTCOM Policy.

SPM300-11-R-0063 Page 6 of 56

d. All personnel data must be input by the contractor into the Synchronized Pre-deployment and Operational Tracker (SPOT) system and the Biometric Automated Toolset System (BATS), IAW CENTCOM guidance. Submit SPOT application assistance questions to the Customer Support Team at 717-506-1358 or SPOT@technisource.com. The POC for BATS information will be provided post award.

e. The individual arming packages must be submitted no later than 60 days after award notification.

f. The contractor shall ensure that all employees in the database have a current DD Form 93, Record of Emergency Data Card, on file with both the Contractor and the designated Government official. The Contracting Officer will inform the Contractor of the Government official designated to receive the data card.

g. Prior to initial departure of convoys which employ Private Convoy Security, the contractor is required to submit to the DLA Troop Support Contracting Officer Representative the process that will be used to ensure integrated communications between the customer, the military base and contractor’s private security team.

h. Prior to departure of convoys which employ Private Convoy Security, the contractor is required to submit to the DLA Troop Support -COR’s a Convoy Status Report. This report must also include the names of the Private Security Force employees that will be working the convoy.

i. Currently, there are four (4) threat levels in the Afghanistan Area of Responsibility (AOR).

Each respective threat level will be used in the assessment by the contractor when determining how many guards, drivers, and security vehicles will be required for each truck in the convoy.

The four (4) threat levels are defined as follows:

T1: Low risk of terrorist attacks T2: General risk of terrorist attacks T3: Elevated risk of terrorist attacks T4: Severe / High risk of terrorist attacks

j. There is also a fundamental requirement to ensure that Private Convoy Security services are provided by a fully-licensed and law-abiding company, inclusive of both an Operations and Business license issued by the Government of Afghanistan, with the requisite oversight and management to successfully undertake the level of compliance required by the governments of Afghanistan and the United States.

SPM300-11-R-0063 Page 7 of 56

Page 86, 9. Inbound Transportation from the Southern Caucasus / Central and Southern Asian States (SC / CASA) (Shipment of product from SC / CASA to the contractor’s OCONUS distribution facility):

Add the following:

The following SC / CASA-based companies are listed in the Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement – CENTCOM:

Coca-Cola Almaty Bottlers

Alias:

Kok-Ozek Producers Co-operative

Plant Address:

Gogol/Baizakov Sts Karasai District, Almaty Area, Kazakhstan

Mailing Address:

211 Gogol Street Almaty City, Kazakhstan 480096

Phone Number:

+7 (727) 296 1010, +7 (727) 250 7679, +7 (727) 296 1024 E-mail rahat_syzdykov@cci.com.kz www.coca-cola.kz

Approved for:

juices (UHT), soft drinks, & water (bottled)

C J S C Coca Cola Bishkek Bottlers

Plant Address:

69 Lushihina Street Bishkek 720027, Kyrgyz Republic

Phone Number:

+966 (312) 357141, Fax +966 (312) 357136 E-mail ccbb@cci.com.kg soft drinks & water (bottled, non-carbonated only)

SPM300-11-R-0063 Page 8 of 56

Tattuu LLC

Plant Address:

Jibek-Jolu 288 Bishkek 720011, Kyrgyz Republic

Phone Number:

+996 (312) 30 48 01, +996 (312) 37 62 07, Fax +996 (312) 30 45 89 E-mail tattuuasel@mail.ru biscuits, candies, cookies, marshmallows, sweets, & waffles

InterSok

Daryo Boyi Street Yuzhnaya Promzona, Sergeli District Tashkent 100154, Uzbekistan

Phone Number:

(99871) 120-37-37, 120-37-38 E-mail office@intersok.com www.intersok.com juices & nectars (UHT)

Makiz Baraka LLC

Building 64, Noraztepa Street S. Rakhimov District Tashkent 100072, Uzbekistan

Phone Number:

+(998 71) 248-58-43, Fax +(998 71) 248-58-44 E-mail azimaliev@mail.ru, nur.makiz@mail.ru pasta products (dry, non-egg-based, non-meat & non-cheese filled)

SPM300-11-R-0063 Page 9 of 56

Nestle Uzbekistan, LLC

Plant Address:

216 Margilanskaya Street Namangan City 116011, Uzbekistan

Mailing Address:

111 A. Buyuik Ipak Yuli Str, 700077 Tashkent, Uzbekistan

Phone Number:

+9-9871-141-35-01, Fax +9-9871-141-35-04 E-mail marat.rustamov@uz.nestle.com milk (UHT) & water (bottled, non-carbonated)

Page 87, 9. Inbound Transportation from the Southern Caucasus / Central and Southern Asian States (SC / CASA) (Shipment of product from SC / CASA to the contractor’s OCONUS distribution facility):

Delete:

d. The COR will forward the documents, along with a Customs Clearance Request (CCR) Memo to the United States Embassy.

Substitute the following:

d. The COR prepares an original Customs Clearance Request (CCR) Memo, scans an electronic copy to the United States Embassy, and provides the original CCR Memo with the remainder of the packet back to the shipping agent, who physically carries the packets to the United States Embassy themselves.

SPM300-11-R-0063 Page 10 of 56

Page 87, 10. The Afghanistan First Program:

Add the following:

The following Afghanistan-based companies are listed in the Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement – CENTCOM:

Afghanistan Beverage Industries Ltd.

Alias:

ABI

Plant Address:

Pul-i-Charkhi Industrial Park Kabul, Afghanistan

Phone Number:

+93 0798888013 E-mail cgalloway@abi-af.com ice & water (bottled)

Aria Water Plant

Adjacent to Bagram Air Base Bagram, Afghanistan

Mailing Address:

AZ Corp.

New Bagram Road, 4th Street Kabul, Afghanistan

Phone Number:

+937063333/+93707079582 E-mail ezellemarize@ariawater.com ariawaterplant.webs.com water (bottled)

SPM300-11-R-0063 Page 11 of 56

Habib Gulzar Beverages Ltd.

Plant Address:

Bagrami Industrial Zone Bagrami Road Kabul, Afghanistan

Phone Number:

93 (0) 77 333 3500, 93 (0) 78 870 0002, 93 (0) 78 877 0100 E-mail levent.alcin@hgblaf-gulzar.com soft drinks (including Burn energy drink) & water (bottled)

Surkhrod Packhouse

Sultanapur Village Surkhrod District, Nangarhar Province, Afghanistan

Phone Number:

077-210-500532 E-mail Noor_Alam@dai.com fruits & vegetables (fresh processing, storage, & distribution)

Pages 94-95, E. Product Protection / Food Defense:

The contractor shall not use food product arriving in a container where there is evidence that someone had unauthorized access to the load. Product in containers that arrive with broken or missing seals will be rejected in its entirety.

Page 100, XI. Pricing, B:

The Category Distribution Price List (Attachments 1 and 3) and the Schedule of Items (Attachments 2 and 4) is designed for the submission of all distribution and product pricing. It is mandatory that all contractors submit distribution pricing and product pricing in this format.

SPM300-11-R-0063 Page 12 of 56

Failure to submit the distribution and product prices using Attachments 1 through 4 may result in the rejection of the contractor’s entire proposal.

Substitute the following:

The Schedule of Items (Attachments 1 and 3) and the Category Distribution Price List (Attachments 2 and 4) is designed for the submission of all distribution and product pricing. It is mandatory that all contractors submit distribution pricing and product pricing in this format.

Failure to submit the distribution and product prices using Attachments 1 through 4 may result in the rejection of the contractor’s entire proposal.

Pages 102 and 200:

http://www.dscp.dla.mil/subs/support/mpa/mpa.asp

Substitute the following:

http://www.dscp.dla.mil/subs/support/mpa/index.asp

Page 117, I. ORDERING SYSTEM – Subsistence Total Order & Receipt Electronic System

(STORES) :

Add the following:

J. Contractors are permitted to request no more than one (1) Special 832 transaction per week.

All Special 832 transactions must be approved by the Contracting Officer.

Page 132, IV. Rejection Procedures, D:

In all cases, one (1) copy of the credit memo is to be given to the customer and one (1) copy of the credit memo is to be sent to the DLA Troop Support Contract Specialist.

http://www.dscp.dla.mil/subs/support/mpa/mpa.asp� http://www.dscp.dla.mil/subs/support/mpa/index.asp�

SPM300-11-R-0063 Page 13 of 56

Page 140, VIII. Emergency Orders, A.:

Delete:

The Contractor must be able to receive and process delivery orders on any day of the week to include holidays. Delivery days and times are not restricted and may be every day of the week.

The contractor will provide a minimum of two “emergency” orders (excluding mobilization actions) per month per customer at no additional charge (i.e., standard distribution price applies).

Emergency orders are those that are required outside normal delivery schedules.

Substitute the following:

The Contractor must be able to receive and process delivery orders on any day of the week to include holidays. Delivery days and times are not restricted and may be every day of the week.

The contractor will provide no more than two “emergency” orders (excluding mobilization actions) per month at no additional charge (i.e., standard distribution price applies). Emergency orders are those that are required outside normal delivery schedules. All emergency orders must be approved by the Contracting Officer.

Pages 166 to 167:

The paragraph below has been revised as follows:

Invoices should reflect prices effective within forty-five (45) days prior to the date specified for receipt of offers (initial or revised, whichever is later). If invoices are not available for that time period, a quote should be obtained and submitted. Each quote / invoice must be presented in the following manner:

i. Detailed on original manufacturer or grower company letterhead

ii. Date price quote was supplied

iii. Time period price quote is effective

iv. Item description/part number/stock number

v. Quantity covered by price quote (Forty-foot (FEU) truck load pricing is required)

vi. Item price per unit of measure

vii. NAPA discount amount, if applicable (Net of NAPA pricing is required)

viii. FOB terms (FOB Origin terms are required)

SPM300-11-R-0063 Page 14 of 56

ix. Manufacturer or grower point of contact, including name, title, address and phone number

x. Payment Terms (Early payment discount no more than 2% / Early payment required within 10 days to obtain discount)

xi. Identify Point of Importer for all Fresh Fruits and Vegetables and Local Market

Ready items.

Note: In response to the solicitation, DLA Troop Support received the following questions from offerors and pre-proposal conference attendees. This amendment includes the questions as submitted with no changes, corrections, or verifications. DLA Troop Support does not attest to the accuracy of the facts or information contained within the questions.

Private Label

1. What constitutes a Private Label Holder? Can you provide an example?

DLA Troop Support Response: A private label holder is an entity that places its brand name on a product that it does not necessarily manufacturer, i.e., Shop Rite Brand Corn Flakes Cereal.

Defense Transportation System (DTS)

2. As 90% of FF&V produce is imported into the region, and there is no DTS system available, who will pay for the freight for bringing FF&V into the region?

DLA Troop Support Response: The Subsistence Prime Vendor pays as part of its Non- Standard Distribution Price.

3. Will the Contractor have any input to the new USC07 in terms of Carrier liability, detention charges etc or will the Contractor have to live with and take the risk of whatever future changes are made between the Carriers and Transcom?

DLA Troop Support Response: The contractor will not have input into the terms of USC

07. During the implementation phase, the contractor shall enter into an agreement and work with the USC carriers handling routes within the contractor’s geographical responsibility to develop a claims process involving the contractor and the USC contractor(s). Attachments 8 and 9 of USC 06 are provided for guidance. However, the final written agreement, and the contract terms established therein, is between the Prime Vendor and the respective ocean carrier(s).

SPM300-11-R-0063 Page 15 of 56

4. Is the Contractor expected to base its bid on USC06 when the USC in force at the time of commencement of the SPV contract will be USC07 with different terms and rates?

DLA Troop Support Response: During the implementation phase, the contractor shall enter into an agreement and work with the USC carriers handling routes within the contractor’s geographical responsibility to develop a claims process involving the contractor and the USC contractor(s). Attachments 8 and 9 of USC 06 are provided for guidance. However, the final written agreement, and the contract terms established therein, is between the Prime Vendor and the respective ocean carrier(s). DLA Troop Support anticipates that attachments 8 and 9 will remain in effect.

5. Page 92 - For Non-DTS shipments, the Prime Vendor will be responsible for all customs clearance from the point of debarkation through to the Prime Vendor’s OCONUS facility(s).

What does DLA consider as a Non-DTS shipment?

DLA Troop Support Response: DLA determines a Non-DTS shipment to be one for which the Government has no rates and routes currently available.

6. In a number of situations the USC carriers are not liable for such events as insurgent attacks and political border closures. Will the Contractor assume this risk?

DLA Troop Support Response: During the implementation phase, the contractor shall enter into an agreement and work with the USC carriers handling routes within the contractor’s geographical responsibility to develop a claims process involving the contractor and the USC contractor(s). Attachments 8 and 9 of USC 06 are provided for guidance. However, the final written agreement, and the contract terms established therein, is between the Prime Vendor and the respective ocean carrier(s). The Government is not responsible or liable for any loss or damage to the contractor’s products shipped through or under the DTS.

7. Apart from USC rates will SDDC have its Transportation Brigades (595th or 598th) establish rates with carriers by putting Global Freight Management (GFM) in place its provide Contractors with another means of DTS transportation support?

DLA Troop Support Response: DLA Troop Support has requested that rates be established. As of now, rates have not been finalized. DLA Troop Support is not the responsible authority for establishing rates with Carriers.

8. If TRANSCOM puts USC rates in place for the Southern Caucasus and Central and Southern Asian States would it not be the responsibility of the Carrier not the Prime Vender to accomplish customs clearance from point 2 point?

DLA Troop Support Response: It will be the Carrier’s responsibility.

SPM300-11-R-0063 Page 16 of 56

9. Page 89 DLA Troop Support has been advised by USTRANSCOM that the average “Point to

Point” delivery time to Afghanistan is sixty (60) days (to cities such as: Bagram, Kabul, Herat, Kandahar, and Shindad). NOTE: Add an additional 30 days average for containers crossing the Chaman border. However, delays may occur and the Contractor will be responsible for maintaining sufficient stock levels in its OCONUS facility(s) to cover any such delays in transport. Any claims for cost relating to delays in transportation or other transportation-related issues lie against the USTRANSCOM contract carrier. The Government has no Liability for late delivery or damage to goods in transit. The terms and conditions of the USTRANSCOM contract with the designated carrier govern carrier liability for any loss or damage to products during “Point to Point” transportation, and the contractor is solely responsible for developing and presenting any claims for delay, loss, or damage to the USTRANSCOM designated carrier, which is solely responsible for any liability. The contractor is cautioned that in some instances the USTRANSCOM contract carrier may have limited or no liability under the terms of the USTRANSCOM contract (see B.

Insurance/Liability and Claims, below). Current USC06 and Draft USC 07 seems to place all liability for all port costs on the SPV and DLATS. Will DLA-TS work with TRANSCOM to gain clarity in the new USC 07 to ensure the SPV is only held liable when it is the fault of the SPV and mutually shared by (TRANSCOM, Carrier, PV, and DLA) when it is not? This is an important issue with respect to the amount of risk taken on by the SPV.

DLA Troop Support Response: During the implementation phase, the contractor shall enter into an agreement and work with the USC carriers handling routes within the contractor’s geographical responsibility to develop a claims process involving the contractor and the USC contractor(s). Attachments 8 and 9 of USC 06 are provided for guidance. However, the final written agreement, and the contract terms established therein, is between the Prime Vendor and the respective ocean carrier(s). The Government is not responsible or liable for any loss or damage to the contractor’s products shipped through or under DTS. The contractor bears the risk of any port costs in connection with the Prime Vendor contract.

10. Page 90 During the implementation phase as defined in the solicitation, the contractor shall enter into an agreement and work with the USC carriers handling routes within the contractor's geographical responsibility to develop a claims process involving the contractor and the USC contractor(s). The purpose of such an agreement is to establish a working relationship with the USC contractor(s) in order to facilitate the transportation of product and to establish points of contact in order to resolve any issues that may arise during the performance of this contract. Such an agreement shall address issues such as claims processing and dispute resolution for losses and damage to contractor cargo by the USC carrier(s) and for the resolution of claims by the USC carrier(s) against the contractor for detention of carrier containers, port storage for detained containers, and maintenance provided by a carrier for detained refrigerated containers. The contractor shall pay the USC

SPM300-11-R-0063 Page 17 of 56 carriers directly for any detention, port storage or maintenance charges incurred by the contractor and the USC carrier(s) shall pay the contractor directly for any charges for loss/damage to contractor cargo incurred by the USC carrier(s). The contractor shall provide to the DLA Troop Support Contracting Officer a copy of such agreement, as well as, any contact information that it receives from the USC contractor(s). The contractor shall update this information as necessary and provide the Contracting Officer with any changes made to such agreement. The contractor claims procedure developed for handling any claims between the contractor and the USC contractor(s) shall be provided to the DLA Troop Support Contracting Officer. During the implementation phase, as defined in the solicitation, the contractor shall contact the USTRANSCOM designated carrier(s) for the routes within the contractor's geographical responsibility. The contractor shall copy the DLA Troop Support Contracting Officer with the contact information that it receives from the carrier(s) and shall update this information as required. During this implementation phase, the contractor shall develop a claims procedure for the handling of any claims that may arise between the contractor and the carrier(s) for the products shipped by the carrier(s). This procedure shall be the basis for the resolution of any claims for loss or damage, as well as any other issues that may arise. A copy of this procedure, and any changes or updates, shall be promptly furnished to the DLA Troop Support Contracting Officer. In 2010 alone initial claims notification were raised for more than 400 containers and in the 1st quarter of 2011 the number has exceeded 200. Will the Contractor be taking all risks for damage and losses to inbound containers to the extent this cannot be recovered from the USC Carriers?

DLA Troop Support Response: Yes, the Contractor bears the risk. During the implementation phase, the contractor shall enter into an agreement and work with the USC carriers handling routes within the contractor’s geographical responsibility to develop a claims process involving the contractor and the USC contractor(s). Attachments 8 and 9 of USC 06 are provided for guidance. However, the final written agreement, and the contract terms established therein, is between the Prime Vendor and the respective ocean carrier(s).

11. Is the Contractor expected to pay all Detention Charges for containers when they are shipped under the government's system? How can this be enforced if Pg 92, C. states that USTRANSCOM will be responsible for all customs clearance? Why is the Prime Vendor held responsible for items clearly out of its control? Will DLA TROOP SUPPORT consider either to increase the 10 day time period or to have the clock to start once the container has been cleared?

12. DLA Troop Support Response: DLA Troop Support will not consider increasing the 10 day time period. The contractor shall enter into an agreement and work with the USC carriers handling routes within the contractor’s geographical responsibility to develop a claims process involving the contractor and the USC contractor(s). Attachments 8 and 9 of USC 06 are provided for guidance. However, the final written agreement, and the contract terms established therein, is between the Prime Vendor and the respective

SPM300-11-R-0063 Page 18 of 56 ocean carrier(s). Will DLA TS take steps to ensure that the USC carriers are liable or will this solely be the risk of the Contractor?

DLA Troop Support Response: During the implementation phase, the contractor shall enter into an agreement and work with the USC carriers handling routes within the contractor’s geographical responsibility to develop a claims process involving the contractor and the USC contractor(s). Attachments 8 and 9 of USC 06 are provided for guidance. However, the final written agreement, and the contract terms established therein, is between the Prime Vendor and the respective ocean carrier(s). The Government is not responsible or liable for any loss or damage to the contractor’s products shipped through or under the DTS.

13. Why does the government not have any liability for loss or damages in transit as the government is specifying the transit method?

DLA Troop Support Response: The contractor shall enter into an agreement and work with the USC carriers handling routes within the contractor’s geographical responsibility to develop a claims process involving the contractor and the USC contractor(s).

Attachments 8 and 9 of USC 06 are provided for guidance. However, the final written agreement, and the contract terms established therein, is between the Prime Vendor and the respective ocean carrier(s). The Government is not responsible or liable for any loss or damage to the contractor’s products shipped through or under the DTS.

Contract Administration

14. Previous statements from DLA Troop Support indicate no intention to extend the submission deadline. In the interest of encouraging competition, will DLA consider revisiting this?

DLA Troop Support Response: If DLA Troop Support determines the submission deadline should be extended, it will notify all offerors via an amendment to the solicitation.

15. Please clarify how an order placed on the last day of an option period can be completed within that period.

DLA Troop Support Response: Orders must be placed during the contract period.

Performance/delivery could take place after the contract expiration date. Note, this contract requires Tiered Pricing Periods, not Option Periods.

16. Page 27 (iii) All personnel have all necessary passports, visas, entry permits, and other documents required for contractor personnel to enter and exit the foreign country, including those required for in-transit countries. The Afghan Government has for years not been willing to issue sufficient number of visas to support the PV contract and is not willing to issues visas to national from India, Nepal, Philippines, many African and other nations. How

SPM300-11-R-0063 Page 19 of 56 will DLA-TS view this situation going forward and is DLA-TS of the view that this is a visa requirement for Contractor staff when in Afghanistan?

DLA Troop Support Response: In general, the onus for interpretation of, and compliance with, all clauses falls on the contractor. It is DLA Troop Support’s position that 252.225-

7995 CONTRACTOR PERSONNEL PERFORMING IN THE UNITED STATES

CENTRAL COMMAND AREA OF RESPONSIBILITY (DEVIATION 2011-O0004) (APR

2011) is not ambiguous and therefore should be construed based on the plain meaning of the clause language.

17. Will the Contractor be allowed to have Pilipino staff working on the contract in Afghanistan given the current CENTCOM memorandum dated 17 September 2010 regarding Employment and Repatriation of Third Country Nationals?

DLA Troop Support Response: The Contractor shall comply with, and shall ensure that its employees and its subcontractors are aware of and obey . . . orders and directives applicable to personnel in Iraq and Afghanistan, including but not limited to USCENTCOM, Multi-National Force and Multi-National Corps operations, fragmentary orders, instructions, policies and directives.

18. Will the Contractor be obliged to obtain visa for all staff even though this is not a requirement under the Military Technical Agreement and the Afghan Government is not willing to issue visas?

DLA Troop Support Response: At the contractor employee’s and/or contractor’s expense, the contractor employees shall obtain all passports visas, badges or other documents necessary to enter and/or exit any area(s) identified by the contracting officer.

19. Reference: Page 77. Question: Can the required amount of CSRs overlap responsibilities?

DLA Troop Support Response: Customer Service Representatives are full-time positions.

These employees should have no other duties and responsibilities. Refer to pages 77-78 in the Statement of Work.

20. Reference: Page 96. Question: The solicitation states that contractors would need to supply a plan obtaining CACs within 30 days of award. Is it required that employees working under this contract need a CAC for day 1?

DLA Troop Support Response: No, employees working under this contract are not required to have a Common Access Card on the first day of the contract.

SPM300-11-R-0063 Page 20 of 56

Manufacturer’s Pricing Agreements (MPAs)

21. Statement of Work, Supplies / Services and Prices, Clause IX. Pricing, A.3 (Page 97): If the Product Price is the MPA Price, when the MPA Price changes, when does DLA Troop Support or the contractor undertake the catalog price change? For example, will the change only be effective when the stock at the new price reaches the contractor’s OCONUS inventory?

DLA Troop Support Response: Yes, the catalog price change will only be effective when the stock at the new price reaches the contractor’s OCONUS inventory.

22. Page 102 XI. DLA Troop Support Manufacturer’s Pricing Agreement (MPA) Program -The list of MPA holders, the specific items under agreement, and the fixed product prices for those items will be provided via solicitation amendment or contract modification as appropriate prior to the solicitation closing date, during negotiations or during contract implementation (ramp-up/ramp-down). The DLA Troop Support Manufacturer’s Pricing Agreement (MPA) Program is located at the following website:

http://www.dscp.dla.mil/subs/support/mpa/mpa.asp. When following the link to mentioned website it doesn’t provide the DLA Troop Support Manufacturer’s Pricing Agreement (MPA) Program. Which MPA Outturn Report will apply for bidding purposes, April or May or; will the Outturn report be provided for bidding purposes?

DLA Troop Support Response: The link has been fixed. The MPA Outrun Report will not be provided however, the website provides a list of all Subsistence MPA holders.

23. Page 33 (3) “Product Price” is the most recent DLA Troop Support Manufacturer’s Price Agreement (MPA) price or the most recent manufacturer, grower or private label holder commercial price per unit to the Contractor, exclusive of standard freight. The Product Price shall be based on FOB Origin/Point of Manufacture. Product Price shall exclude all costs that are to be covered in the Distribution Price. Does the Government negotiate other elements of cost, other than product costs, under MPAs such as packaging, handling, and transportation to the Manufacturer’s own consolidation points? If so, will the Government provide all negotiated elements of costs with the Contractor cost duplications?

DLA Troop Support Response: Under the MPA Program, DLA Troop Support only negotiates the product price.

24. Reference: Attachments 1-4. Question: Are offerors required to submit a product price for 100% of the items in Attachments 1 and 3? Also, will DLA provide the offerors with the MPA product prices for the items marked as MPA?

http://www.dscp.dla.mil/subs/support/mpa/mpa.asp�

SPM300-11-R-0063 Page 21 of 56

DLA Troop Support Response: The offeror must submit an item/product price for 100% of the items in Attachments 1 and 3. DLA Troop Support will not provide the offerors with the MPA product prices for the items marked as MPA.

Private Convoy Security (PCS) / Static Security

25. Will the Prime Vendor Contractor be involved in selecting the Private Security Contractor?

DLA Troop Support Response: The Prime Vendor is responsible for providing Private Convoy Security in accordance with the solicitation requirements. Private Convoy Security services must be provided by a fully-licensed and law-abiding company, inclusive of both an Operations and Business license issued by the Government of Afghanistan.

26. Can the contractor terminate a Private Security Contractor for cause should the risks become too great using Private Security?

DLA Troop Support Response: The contractor bears the responsibility and duty to contract with a full-license and law abiding private security company. Any relationship between the contractor and private security company will be subject to the terms of any agreement between the two companies.

27. Who will be responsible for recovering assets under Private Security?

DLA Troop Support Response: The Prime Vendor will be responsible for recovering assets under Private Security.

28. Will the Contractor be evaluated on their ability to offer Private Security? What security programs are the successful vendor supposed to perform?

DLA Troop Support Response: Private Convoy Security is not a Technical Evaluation Factor. If the offeror’s proposal includes Private Security for any DoDAAC, the following elements must be provided: vehicles, convoy commanders, guards, regional LNO’s 24 hour operation center, critical incident and medical response teams and live feed Command and Control and Situation Reporting.

29. Page 85 - 7. Private Convoy Security (PCS) Will DLA TS’s authorization to use PCS be available prior to commence of the contract?

DLA Troop Support Response: No, authorization to use private convoy security will occur after award during the ramp-up phase in accordance with DLA Troop Support and CENTCOM policies and procedures.

30. Will DLA TS ensure that the several thousand security guards required on this contract have been CENTCOM arming pack approved prior to the commencement of the contract?

SPM300-11-R-0063 Page 22 of 56

DLA Troop Support Response: No, authorization to use private convoy security will occur after award during the ramp-up phase in accordance with DLA Troop Support and CENTCOM policies and procedures. During the ramp-up phase, the contractor shall submit to DLA Troop Support individual Arming Packages for all the Private Convoy Security staff in accordance with CENTCOM Policy.

31. Will the contract commencement date be postponed in the event that DLA authorization of the PCS arming packs is not finalized before the first convoy deliveries are required to be made during the mobilization period?

DLA Troop Support Response: No, the contract commencement date is the date of contract award and it will not be postponed based on the failure to obtain proper authorization.

Performance of PCS will not be authorized until CENTCOM approves the plan and all the individual arming packages.

32. The Afghanistan Government has issued the bridge transitioning into the Afghan Public Protection Force that will take over convoy security in March 2012. Will these guards employed by the Afghan Government have to be CENTCOM compliant?

DLA Troop Support Response: The transition from Private Convoy Security to the Afghanistan Public Protection Force is an ongoing process. The solicitation includes the most up to date available information. Private Convoy Security requirements, current issues, and announcements are available at http://www.isaf.nato.int/. If DLA Troop Support obtains additional information regarding the transition to the Afghanistan Public Protection Force such information will be provided via amendment. Yes

33. Will the Contractor be responsible for compliance and oversight of these Afghan Government employees?

DLA Troop Support Response: The transition from Private Convoy Security to the Afghanistan Public Protection Force is an ongoing process. The solicitation includes the most up to date available information. Private Convoy Security requirements, current issues, and announcements are available at http://www.isaf.nato.int/. If DLA Troop Support obtains additional information regarding the transition to the Afghanistan Public Protection Force such information will be provided via amendment.

34. The service fees that the APPF will be charging are likely to change significantly from the current market price for private security. Will DLA TS allow the Contractor a price adjustment when the APPF takes over?

DLA Troop Support Response: Offerors shall complete Attachments 1 through 4.

Attachments 1 and 2 are inclusive of private convoy security and Attachments 3 and 4 are exclusive of private convoy security. Offerors are referred to FAR Clause 52.212-4 on how http://www.isaf.nato.int/�

SPM300-11-R-0063 Page 23 of 56 changes will be made during execution of the contract. The Contractor is entitled to submit a request for equitable adjustment that results from any change in the contract resulting in increased costs.

35. Page 86 8. Static Security: It is expected that a significant portion of the Contractor’s staff would not want to stay on a site where all the armed guards are Afghanistan Nationals from the APPF, which will be the case at the end of 2012. Will the US Military in such a situation offer any support to protect its supply chain?

DLA Troop Support Response: No, the U.S. Government and/or U.S. Military will not offer any support or protection to the contractor.

36. RFP, SOW, Supplies/ Services & Prices; pg. 85, Sec II, para. G.7.b.‘The Solicitation states that private security is currently authorized, but that any award made against this Solicitation will require new authorization (page 72, para 1E). It further states that the contractor will need to monitor the ISAF website, in order to understand any GIRoA mandated changes to private security convoy requirements (page 85, para 7b). Question a: Please confirm that this contract will be subject to the terms of the GIRoA Bridging Strategy and that from 20 Mar 12 (or the confirmed date for APPF stand-up), the provision of all physical security can only be legally provided by the APPF?’ Question b: Assuming the contract is subject to the APPF standup provisions, would APPF services be paid for by the government or the contractor?

DLA Troop Support Response: The transition from Private Convoy Security to the Afghanistan Public Protection Force is an ongoing process. The transition is applicable to the solicitation and the solicitation includes the most up to date available information.

Private Convoy Security requirements, current issues, and announcements are available at http://www.isaf.nato.int/. If DLA Troop Support obtains additional information regarding the transition to the Afghanistan Public Protection Force such information will be provided via amendment. DLA Troop Support will not responsible for the payment of Afghanistan Public Protection Force services. Offerors shall complete Attachments 1 through 4.

Attachments 1 and 2 are inclusive of private convoy security and Attachments 3 and 4 are exclusive of private convoy security. Offerors are referred to FAR Clause 52.212-4 on how changes will be made during execution of the contract.

37. RFP, SOW, Supplies/ Services & Prices; pg. 85, Sec II, para. G.7.a. Among the private security requirements is the need to provide ‘critical incident and medical response teams’.

Question: Can the government provide more details on the requirement, and what services are specifically required?

DLA Troop Support Response: The Contractor must provide "critical incident and medical response teams," which includes, but is not limited to, submitting critical incident reports, providing first aid, requesting MEDEVAC of injured persons, and remaining

SPM300-11-R-0063 Page 24 of 56 available for U.S. or Coalition response forces. The requirement for critical incident and medical responses teams must be in accordance with Clause 952.225-0002 - ARMED PERSONNEL INCIDENT REPORTS (SEP 2010) on page 49 of the solicitation.

38. Will the Contractor be offered any USG protection once the APPF will guard the Contractor’s site and all armed personnel will be Afghan nationals?

DLA Troop Support Response: No, the U.S. Government and/or U.S Military will not offer any support or protection to the contractor.

39. Private Security Contractors (PSC) employees are currently required to be covered under DBA insurance. Will the same be the case for employees of the Afghan Public Protection Force (APPF) that will assume responsibility for all convoy security by 21 March 2012?

DLA Troop Support Response: The transition from Private Convoy Security to the Afghanistan Public Protection Force is an ongoing process. The transition is applicable to the solicitation and the solicitation includes the most up to date available information.

Private Convoy Security requirements, current issues, and announcements are available at http://www.isaf.nato.int/. If DLA Troop Support obtains additional information regarding the transition to the Afghanistan Public Protection Force such information will be provided via amendment. Offerors shall complete Attachments 1 through 4. Attachments 1 and 3 are inclusive of private convoy security and Attachments 2 and 4 are exclusive of private convoy security. Offerors are referred to FAR Clause 52.212-4 on how changes will be made during execution of the contract.

40. Will any change to the premium from the current level in excess of US$20M per annum be the Contractor’s risk in light of the security situation being a major premium cost driver?

DLA Troop Support Response: The Contractor is required to include the cost of all insurance, including DBA insurance in its standard distribution price. This is a fixed price and will not be subject to change.

41. Page 44 952.225-0001- ARMING REQUIREMENTS AND PROCEDURES FOR PERSONAL SECURITY. Once the APPF is established and private security services transition to the APPF (target date in March 2012, as stated in Presidential Decree 62) the cost of security will change. Will the Government allow the Contractor to renegotiate its Distribution Fee once the decree takes effect?

DLA Troop Support Response: The Distribution Price means the firm-fixed price portion of the Contract Unit Price, offered as a dollar amount per unit of issue, rounded up or down to the nearest cent. Offerors shall complete Attachments 1 through 4. Attachments 1 and 3 are inclusive of private convoy security and Attachments 2 and 4 are exclusive of private convoy security.