MRO CENTCOM RFP.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2011)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

IQC11081009047 143

SPM8E3-11-R-0009

Diane Neff-FCB 215-737-2722

SPM8E3

Will be assigned on each D.O.

To be specified on each Delivery Order

921190

10/05/2011

11-8-11

Defense Logistics Agency Troop Support Construction & Equipment Supply Chain 700 Robbins Avenue Philadelphia, PA 19111-5096

STANDARD FORM 1449 (REV. 3/2011) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

Continuation from SF 1449, Solicitation/Contract/Order for Commercial Items

Any questions or concerns regarding this solicitation should be directed to the following:

Linnette DeLaCruz, Contract Specialist

Phone #: 215-737-4887 Email: Linnette.DeLaCruz@dla.mil

Diane Neff, Contracting Officer Phone #: 215-737-5884 Email: Diane.Neff@dla.mil

Linda Gruber, IST Chief Phone #: 215-737-0826 Email: Linda.Gruber@dla.mil

Block 8

Offer Due Date/Local Time: _November 8, 2011_/1:00P.M.______________

Block 9 (continued) Mailed offers through the U.S. Postal Service (USPS) shall be sent to:

DLA Troop Support Post Office Box 56667 Philadelphia, PA 19111-6667

Solicitation No: SPM8E3-11-R-0009 Closing Date and Time __ November 8, 2011/ 1:00 P.M.____________

Hand carried Offers shall be delivered to:

DLA Troop Support Business Opportunities Office Building 36, 2nd Floor 700 Robbins Avenue Philadelphia, PA 19111-5092

Solicitation No: SPM8E3-11-R-0009 Closing Date and Time __November 8, 2011/1:00 P.M.__________________

[Examples of Hand carried Offers include: In-Person delivery by contractor; or Fed Ex, Airborne, UPS, DHL, Emery, other commercial carrier; or USPS Express Mail, USPS Certified Mail.]

Note: All hand carried offers are to be delivered between 8:00 a.m. and 4:00 p.m., Monday through Friday, except for legal federal holidays as set forth in 5 USC 6103. Offerors using hand-carried delivery service shall ensure that the designated carrier physically “hand carries” the package to the address specified above for hand carried offers prior to the scheduled opening/closing time.

Package shall be plainly marked ON THE OUTSIDE OF THE CARRIER’S ENVELOPE with the solicitation number, date, and time set forth for receipt of offers as indicated in Block 8 of the Standard Form 1449.

Offerors intending to deliver hand carried offers either in-person or through a hand-carried delivery service are advised that the Business Opportunities Office (Bid Room) is located within a secure military installation. In order to gain access to the facility, an escort may be required. The escort will be an employee from the Bid Room. The following are telephone numbers for the Bid Room: (215)737-8511, (215)737-9044, or (215)737-7354. It is the offeror’s responsibility to ensure that offers are received at the correct location at the correct time. Please allow sufficient time to complete delivery of hand carried offers. Since the length of time necessary to gain access to the facility varies based on a number of circumstances, it is recommended that you arrive at the installation at least one hour prior to the time the solicitation closes to allow for security processing and to secure an escort. NOTE: THIS IS A

SUGGESTION AND NOT A GUARANTEE THAT YOU WILL GAIN ACCESS TO THE BASE IF

YOU ARRIVE ONE HOUR BEFORE THE OFFER IS DUE.

Facsimile offers are NOT authorized. However, in the event of solicitation amendments, clarifications and/or negotiations, revisions to the initial proposal may be authorized via fax at the Contracting Officer’s discretion.

Block 17a: Offeror’s assigned DUNS Number:____________________________.

(If you do not have a DUNS number, contact the individual identified in Block 7a or see 52.212-1, Instructions to Offerors—Commercial Items (paragraph j) for information on contacting Dun and Bradstreet.)

Offeror’s CAGE Code: ____________________________.

Block 17b: Remittance Address: (if different from Contractor/Offeror address in block 17a.)

Continuation from SF 1449, Solicitation/Contract/Order for Commercial Items Blocks 19-24

1. Items: A. The contract that results from this solicitation will cover a full line of MRO supplies in support of the maintenance, repair and operations requirements of installations in the CENTCOM AOR as described herein. For purposes of the contract, the term CENTCOM AOR includes the following countries: Bahrain, Egypt, Iran, Iraq, Jordan, Kuwait, Oman, Qatar, Saudi Arabia, the United Arab Emirates, Yemen, Afghanistan, Kazakhstan, Kyrgyzstan, Pakistan, Tajikistan, Turkmenistan, Uzbekistan.

Djibouti, Eritrea, Ethiopia, Kenya, Somalia, and Sudan (these latter six countries are in AFRICOM, but are included in the CENTCOM AOR for purposes of the support provided by the contract).

The Core List of Items illustrates the types of supplies that have been provided and potentially will be required of the awardees. Offerors shall have the ability to supply the items identified on the Core List.

The items have been listed to show a sampling of the scope of material that the contractor may be required to furnish. The Core List of Items is provided using Microsoft Excel Spreadsheet.

2. Minimum & Maximum Dollar Values: The Government guarantees that it will order under each contract awarded under this solicitation a minimum quantity of supplies having a minimum dollar value of $500,000.00 for the Base Period. In the event that an option is exercised, the guaranteed minimum dollar amount for each Option Period awarded shall be $375,000.00.

The aggregate of delivery orders issued during the Base Period for each contract will be applied to the minimum guarantee. At the time when the aggregate of delivery orders equals or exceeds the guaranteed minimum for a contract, the guaranteed minimum for that contract will have been met and the Government’s obligations with regard to the guarantee will have been satisfied.

b) The maximum ceiling for the all contracts awarded under this solicitation is $900,000,000.00, meaning that the cumulative obligations of all orders placed against contracts resulting from this solicitation cannot exceed $900,000,000.

NOTE: See Attachment One: CORE LIST OF ITEMS See Attachment Two: Sample Pricing Worksheet

CAUTION NOTICE

Estimated Dollar Value: The estimated annual sales set forth in the solicitation are GOOD FAITH

ESTIMATES ONLY based on the best data available to the contracting officer at the time of issuance of this solicitation. Offerors shall consider any business risks associated with the estimates and include them within the breadth of their proposals. In addition, offerors are cautioned that the extent of the program will depend on the requirements of the contingency forces in the CENTCOM AOR with emphasis on the potential drawdown during the contract period.

The annual estimated value of this acquisition (all contracts awarded for the 2 year base and two 18-month option periods) is $130 million per year with a $900 million five year maximum contract value.

This estimate represents the aggregate of the Fiscal Year 2010 orders for MRO supplies of the customers located in the CENTCOM AOR. Since operational units rotate in and out of the CENTCOM AOR, a list of the actual customers cannot be included. At the time of award of this contract, the implementation sites for the CENTCOM AOR will be those activities currently ordering through the current contract.

Options: Each contract awarded will contain a provision for unilateral option(s) (52.217-9) on the part of the contracting officer to extend the term of the contract in periods of eighteen months. The Offeror’s assent to inclusion of this clause is mandatory, and failure to assent to its inclusion will result in non-consideration of the proposal.

Proposals: Offerors shall submit the following items for their proposal to be considered:

1. Signed copy of SF 1449

2. Completed copies of FAR 52.212-3, DFARS 252.212-7000, and the other required certifications.

3. Technical Proposal

4. Pricing Proposal with pricing on a CD in format provided on the core list

5. Subcontracting Plan (large business firms only)

6. Compliance with Fraud Clauses

Offerors are advised to read and comply with the full text of DLA TROOP SUPPORT Clause

52.232-9I10, Submission of Invoice by Electronic Methods.

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS (DEC 2010)

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733)

This solicitation includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT contained elsewhere in the solicitation. The contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733)

NOTE: Facsimile and E-mail Offers are not acceptable forms of transmission for submission of initial proposals or revisions to initial proposals submitted in response to this solicitation. As directed by the Contracting Officer, facsimile may be used during discussions/negotiations, if discussions/negotiations are held, for proposal revision(s), including Final Proposal revision(s).

DLA Troop Support (formally known as Defense Supply Center Philadelphia-DSCP) is a Primary Field

Level Activity of the Defense Logistics Agency (DLA) and is a combat support activity whose objective is to continue, and to expand, its use of unique and innovative approaches for providing focused logistics support for its military services facilities customers, as well as other authorized customers, for their maintenance, repair and operations (MRO) requirements. The phrase “facility maintenance, repair, and operations” is also referred to as “facility sustainment, restoration, and modernization (SRM)” in some regulations. The term “facility”, as used in this contract, is synonymous with the terms “military activity/base/installation” and “government installation/activity”.

It includes all buildings and grounds within the perimeter of the compound. The operation of a facility includes the protection and safety of the physical plant and the personnel employed therein.

Proposals are being solicited for an MRO Tailored Logistic Support (MRO-TLS) multiple-award contract for logistics support of military installations, federal agencies, and other authorized customers located within the geographic area defined as the United States Central Command Area of Responsibility (CENTCOM AOR). The CENTCOM AOR consists of the following countries: Bahrain, Egypt, Iran, Iraq, Jordan, Kuwait, Oman, Qatar, Saudi Arabia, the United Arab Emirates, Yemen, Afghanistan, Kazakhstan, Kyrgyzstan, Pakistan, Tajikistan, Turkmenistan and Uzbekistan. Djibouti, Eritrea, Ethiopia, Kenya, Somalia, and Sudan are currently supported under the CENTCOM MRO-TLS program; however, should a separate program be established for AFRICOM, these countries would be supported through that program. At this time, proposals are being solicited to include all countries in the CENTCOM AOR, as well as the African countries listed above (although these African countries are now part of AFRICOM, as used hereafter, the term “CENTCOM AOR” includes both countries within the CENTCOM AOR and these listed African countries).

As part of the proposal, the offeror shall submit a plan on how the offeror would provide support for the customers in the CENTCOM AOR. The award(s) will be based on government needs, circumstances, contractor workload, and past performance on the countries currently awarded. Time frames for delivery within a country will be outlined in any resultant Request for quote issued to satisfy requirements submitted by program customers.

The Government is seeking proposals for tailored logistics packages that, to the maximum extent practicable, will employ the techniques, advantages and economies of commercial business practices to reduce the total logistics cost to DLA Troop Support and its customers. Tailored logistics provide rapid response, direct vendor delivery, advanced distribution, material management, total asset/in-transit visibility, and information fusion, in response to, and in satisfaction of DLA Troop Support’s customers’ demands, including surge requirements. Therefore, to the maximum extent practicable, the contracts resulting from this solicitation will integrate the business practices of the commercial and military supply distribution systems.

As the MRO Program and this multiple-award contract expand with respect to coverage, significant additions to the lists of items that may be required will occur. If items or product lines are added to the contract resulting from this solicitation, the Contractor will be required to arrange for distribution of such items or product lines within 30 days of their addition to the contract. Each TLS contractor may be required to develop sources in Iraq, Afghanistan, and the South Caucasus/Central and South Asian (SC/CASA) states that have the ability to provide products with quality comparable to U.S. standards and deliver these where required within the required timeframe. In addition, each TLS contractor may be required to provide inventory management and/or provide manpower to issue materials or supplies furnished under “store front” operations located on one or more military installations. DLA Troop Support reserves the right to request such operations and will negotiate the terms and costs at that time.

The Government intends to award multiple contracts, a minimum of three and a maximum of five, to those offerors whose proposals are most advantageous to the Government, considering technical factors and price. Throughout this solicitation the term “contract” includes each of the multiple contracts awarded pursuant to the solicitation. Pursuant to the fair opportunity requirements of FAR 16.505(b), all orders will be competed among all awardees, except that the Government reserves the right to direct orders to a particular source under urgent circumstances, to meet contractual minimums, or to provide economy and efficiency as a logical follow-on to an order already issued in accordance with FAR 16.505(b)(2) Exception to Fair Opportunity Process. In accordance with FAR 16.505(b)(5), the following individual has been designated the delivery order ombudsman:

Mr. Robert Panichelle -BP Defense Logistics Agency Troop Support

700 Robbins Avenue Philadelphia, PA 19111

Telephone: 215-737-4126 Facsimile: 215-737-7401

Email: Robert.Panichelle@dla.mil

Offerors are advised that the Berry Amendment, the Trade Agreements Act, and the Buy American Act apply to this solicitation. Depending on the item being solicited, the Berry Amendment, Trade Agreements Act, and Buy American Act requirements may apply. Additionally, there are other procurement restrictions set forth in the regulations that may apply to certain specific products. Clauses implementing applicable restrictions are checked in DFARS 252.212-7001, below, or may be separately incorporated into the contracts or individual orders under the contracts. Contractors shall be aware of which provision applies at the time that they submit their offer.

NOTICE TO POTENTIAL CONTRACTORS. MILITARY EXTRATERRITORIAL

JURISDICTION ACT OF 2000, Public Law 106-523.

The Military Extraterritorial Jurisdiction Act of 2000 amended Title 18, US Code, to establish Federal jurisdiction over certain criminal offenses committed outside the United States by persons employed by or accompanying the Armed Forces outside the United States, and certain other persons.

The regulations implementing the Act define persons employed by the Armed Forces outside the United States as civilian employees of the Department of Defense, Department of Defense contractors

(including subcontractors at any tier), and employees of a Department of Defense contractor (including subcontractors at any tier) when that person is present or resides outside the United States in connection with such employment and is not a national of or ordinarily resident in the host nation. Persons accompanying the Armed Forces include the dependents of these individuals. Command sponsorship of the dependent is not required for the Act to apply. Third country nationals may also be subject to the provisions of the Act depending on the circumstances.

The Act grants the United States criminal jurisdiction over persons covered by the act if they engage in conduct that would constitute an offense punishable by imprisonment for more than one year if the conduct had occurred within the territorial jurisdiction of the United States.

Small Business Administration’s (SBA) Dynamic Small Business Search and SubNet Programs

All contractors are requested to utilize the U.S. Small Business Administration’s (SBA) Dynamic Small Business Search and SubNet Programs to assist them in obtaining resources to meet their subcontracting requirements. The Dynamic Small Business Search is an electronic gateway to procurement information for and about small businesses. It is a search engine for contracting officers, a marketing tool for small businesses and a link to procurement opportunities and important information.

Prime Contractors are strongly encouraged to utilize the Dynamic Small Business Search Program when seeking small business contractors or partnership opportunities.

Also, Prime contractors are encouraged to use SUBNet to post subcontracting opportunities for small business firms. Small business firms may use SUBNet to identify tangible opportunities to bid on.

Both Dynamic Small Business Search and SUBNet may be reached through the SBA Homepage at:

http://www.sba.gov

A core list of 500 frequently used items, hereafter referred to as the “Core List” is found attached to this solicitation (Attachment 1). Offerors are required to provide end Unit prices which shall include delivery and all contractor fees. Offerors are required to price the items on the “Core List” in accordance with the criteria of the foregoing Addendum to FAR Clause 52.212-1 and shall submit the information in an EXCEL readable format in the same order as the “Core List” provided with the solicitation.

Wide Area Work Flow (WAWF) - For purposes of receiving payment for material shipments (orders), the accepted electronic form for submission of payment requests and receiving reports is Wide Area Work-Flow (WAWF). MRO vendors shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. WAWF is available on the Internet at https://wawf.eb.mil/). In addition, WAWF guidance and assistance is available from our DLA TROOP SUPPORT WAWF team personnel via email inquiry - DLA Troop Supportwawfteam@dla.mil.

Surge/Sustainment Plan: PLEASE NOTE, a Surge and Sustainment Plan/Capability Assessment Plan is not required for this procurement. There are no surge requirements for any items included in the Core List at the time of this solicitation. Therefore, although Surge and Sustainment Plan clauses are still contained in this solicitation, offerors are not required to submit a Surge and Sustainment Plan. In the event that an NSN is added to the Core List during the pre-award stage or after an award is made, the offeror and/or awardee may be required to submit a Surge and Sustainment Plan/Capability Assessment Plan.

Subcontracting Plan: Large business firms are required to submit a Subcontracting Plan with their original proposal. Approved plans shall be input into eSRS. All Subcontracting Plans submitted shall be currently approved and shall identify the period for which it is approved. Annual company-wide or division-wide Plans are acceptable provided they are current, approved, and identify the fiscal year to which it is applicable. If the Offeror has a previously approved plan, its new plan should be submitted at least 60 days prior to the expiration of the existing plan. The letter of approval issued by the approving Agency shall accompany subcontracting Plans approved by agencies other than DLA TROOP SUPPORT. Refer to DFARS Clause 252.219-7003, “SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED, VETERAN OWNED, HUBZONE, and SERVICE DISABLED VETERAN OWNED SMALL BUSINESS SUBCONTRACTING PLAN”. NOTE: To have the status of a small business concern, a concern shall meet the definition of “small business concern” set forth in FAR 19.001, and shall meet the size standard specified in block 10, cover of this Solicitation (Standard Form 1449). The status of a concern as a “small business concern,” a “small, disadvantaged business concern,” “woman-owned small business concern,” “veteran owned”, “service disabled veteran owned” and HUBZone is subject to review and verification by the Small Business Administration (SBA).

Term of Contract: The contract resulting from this solicitation will be an Indefinite Delivery/Indefinite Quantity Contact with a 2 year base ordering period which includes a 60-day implementation period (if needed) after award. The contract will contain a provision for unilateral options on the part of the Contracting Officer to extend the term of the contract for two periods of eighteen-months. The exercise of options by the Contracting Officer is covered in clause 52.217-9.

Acceptance of the option provision is mandatory.

Fast Pay: Fast Pay will be utilized for delivery orders issued under any resultant contract of solicitation

SPM8E3-11-R-0009 for orders valued less than $100,000.00. Prompt Pay will be utilized for all delivery orders valued at $100,000.00 or more.

SOLICITATION RESPONSE SHEET FOR “NO OFFER”

Please complete and submit this sheet if not submitting an offer.

Solicitation No.: ________________________________________

Offer Due Date/Time: ____________________________________

No Offer Submitted for Reason(s) Checked:

[ ] Cannot comply with specification

[ ] Cannot meet delivery requirement

[ ] No open production capacity at plant

[ ] Do not regularly manufacture or sell the type of items involved

[ ] Other (specify):

[ ] We do [ ] We do not desire to be retained on the mailing list for future procurements for the type of item(s) involved.

Name/Address of firm (include ZIP Code):

Type or print Name/Title of signer: _____________________________________

Signature: __________________________________________________________

TABLE OF CONTENTS

TABLE OF CONTENTS

TITLE PAGE

Standard Form (SF) 1449 Solicitation/Contract/Order for Commercial Items 1

Continuation for any block(s) from page 1 Standard Form (SF) 1449 2

Caution Notice 5

No Offer Response 10

CONTRACT CLAUSES

FAR 52.212-4 – Contract Terms and Conditions – Commercial Items 12 Addendum to FAR 52.212-4 17

FAR 52.212-5 – Contract Terms and Conditions Required to Implement Statutes 79 or Executive Orders Applicable to Defense Acquisition of Commercial Items

DFARS 252.212-7001 – Contract Terms and Conditions Required to Implement 83 Statutes or Executive orders Applicable to Defense Acquisition of Commercial Items

STATEMENT OF WORK 86

SOLICITATION PROVISIONS

FAR 52.212-1 – Instructions to Offerors – Commercial Items 109

Addendum to FAR 52.212-1 112

FAR 52.212-2 – Evaluation – Commercial Items 123

Addendum to FAR 52.212-2 125

FAR 52.212-3 – Offeror Representations and Certifications – Commercial Items 130

Other Required Certifications

Addendum to FAR 52.212-3 132

DFARS 252.212-7000 – Offeror Representations and Certifications 143 Attachment One – Core List of Items Attachment Two –Sample Pricing Worksheet

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(JUNE 2010)

(a) Inspection/Acceptance.

The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. 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. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment.

The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes.

Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes.

This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions.

The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable Delays.

The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration; or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent Indemnity.

The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer(EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(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 the date 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 as 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 33.607-2).

(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 the 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.

(j) Risk of Loss.

Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin, or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes.

The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s Convenience.

The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for Cause.

The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title.

Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty.

The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of Liability.

Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other Compliances.

The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with Laws Unique to Government Contracts.

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

(s) Order of Precedence.

Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

If preceded by an X, the following addenda to the designated paragraphs of FAR 52.212-4 are applicable:

Paragraph Addenda

[X] (i) FAR 52.213-1, Fast Payment Procedure, DLAD 52.212-

9001, Application of Fast Payment to Part 12 Acquisitions, and DLAD 52.213-9009, Fast Payment Procedure, apply and are hereby incorporated by reference. The Government will pay invoices based on the Contractor’s delivery of supplies to a post office or common carrier (or, in shipments by other means), to the point of first receipt by the Government.

ADDITIONAL ADDENDUM TO FAR 52.212-4

1) CONTRACT CLAUSES INCORPORATED BY REFERENCE:

THE CLAUSES LISTED BELOW ARE INCORPORATED BY REFERENCE WITH THE SAME

FORCE AND EFFECT AS IF THEY WERE GIVEN IN FULL TEXT. UPON REQUEST, THE

CONTRACTING OFFICER WILL MAKE THEIR FULL TEXT AVAILABLE. A CLAUSE WITH AN

AUTHORIZED DEVIATION IS SO MARKED AFTER THE DATE OF THE CLAUSE. (Also, the full text of solicitation clauses and provisions may be accessed electronically at the following websites):

FAR, DFARS, DLAD, and DSCP Local Clauses – http://www.dla.mil/j-3/j-336/icps.htm PROCLTRs and FARS Deviations – http://www.dla.mil/j-3/j-3311/dlad/rev5.htm

CLAUSE NUMBER TITLE/DATE

FAR 52.204-7 Central Contractor Registration (APRIL 2008) FAR 52.209-6 Protecting the Government’s Interests When

Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010)

FAR 52.211-17 Delivery of Excess Quantities (SEP 1989) FAR 52.213-1 Fast Payment Procedure (May 2006) FAR 52.222-24 Pre-Award On Site Equal Opportunity Compliance

Evaluation (FEB 1999) FAR 52.222-99 Notification of Employee Rights Under the National Labor Relations Act (JUNE 2010) (DEVIATION 2010-O0013) FAR 52.227-1 Authorization and Consent (DEC 2007) FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright

Infringement (DEC 2007) FAR 52.232-17 Interest (OCT 2008) FAR 52.242-13 Bankruptcy (JULY 1995) FAR 52.242-15 Stop-Work Order (AUG 1989) FAR 52.247-34 F.o.b Destination (NOV 1991) DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower

Rights (JAN 2009) DFARS 252.204-7003 Control of Government Personnel Work Product (APR

1992) DFARS 252.204-7004 Alternate A, Central Contractor Registration (SEP

2007) DFARS 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country (DEC 2006) DFARS 252.225-7002 Qualifying Country Sources as Subcontractors

(APR 2003)

DFARS 252.225-7031 Secondary Arab Boycott of Israel (JUN 2005)

DFARS 252.225-7040 Contractor Personnel Authorized to Accompany U.S.

Armed Forces Deployed Outside the United States (JUL 2009)

DFARS 252.232-7010 Levies on Contract Payments (DEC 2006) DLAD 52.211-9004 Priority Rating for Various Long Term Contracts (MAR

2000)

DLAD 52.211-9010 Shipping Label Requirements - MIL-STD-129P (MAY

2006) DLAD 52.212-9001 Application of Fast Payment to Part 12 Acquisitions

(AUG 2005)

DLAD 52.212-9000 Changes-Military Readiness (MAR 2001) DLAD 52.213-9009 Fast Payment Procedure (AUG 2005) DLAD 52.216-9006 Addition/Deletion of Items (AUG 2005) DLAD 52.233-9000 Agency Protests (SEP 1999) DLAD 52.247-9012 Requirements for Treatment of Wood Packaging Material (WPM) (FEB 2007)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of Firm-Fixed Price contracts resulting from this solicitation.

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through the end of the contract base period (or the end of each eighteen month option period).

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than ** , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of ***;

(2) Any order for a combination of items in excess of ***; or,

(3) A series of orders from the same ordering office within 90 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-

21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

** There is no minimum quantity/dollar value per order.

*** There is no maximum quantity/dollar value per order. Total obligations under all contracts issues as a result of the solicitation shall not exceed $900,000,000.00.

52.216-22 INDEFINITE QUANTITY (OCT 1995)