Amend_0002_SPM8E314R0005.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)

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

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a)By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPIRATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

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

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

1 97

0002 4/16/2014

SPM8E3

Defense Logistics Agency Troop Support 700 Robbins Ave.

Philadelphia, PA 19111 Vanessa Porter, (215) 737-0516

SPM8E3-14-R-0005

3/28/2014

1. Pages 2 through 97 of the solicitation are replaced with pages 2 through 97 of this amendment,due to the headers and page numbers being absent from the original solicitation document.

2. The Terms and Conditions of Amendment 0001 dated April 3, 2014 apply.

SOLICITATION SPM8E3-14-R-0005 Page 2 of 97

MRO SOUTH CENTRAL REGION USA

TABLE OF CONTENTS FOR SOLICITATION NO: SPM8E3-14-R-0005

TITLE PAGE

Standard Form (SF) 1449 – Solicitation/Contract/Order for Commercial Items 1 Continuation of any block(s) from SF 1449 3 Caution Notice 7

Contract Clauses

1. FAR 52.212-4 – Contract Terms and Conditions – Commercial Items 12

2. Addendum to FAR 52.212-4 13

3. FAR 52.212-5 – Contract Terms and Conditions Required to Implement 24 Statutes or Executive Orders – Commercial Items

Statement of Work 29

Solicitation Provisions

1. FAR 52.212-1 – Instructions to Offerors – Commercial Items 53

2. Addendum to FAR 52.212-1 54

3. FAR 52.212-2 – Evaluation – Commercial Items 71

4. Addendum to FAR 52.212-2 77

5. FAR 52.212-3 – Offeror Representations and Certifications – Commercial Items 78

6. Addendum to FAR 52.212-3 (e.g., Certifications, Surplus Material, Buy American Act) 95

ATTACHMENTS

• Attachment 1 Price Proposal Spreadsheet Zone 1

• Attachment 2 Price Proposal Spreadsheet Zone 2

• Attachment 3 Current Customers/Implementation Sites Zone 1 & Zone 2

• Attachment 4 Usage Data Format Zone 1 & Zone 2

Accessing the Attachments to the RFP

The following are the steps you will need to follow to access attachments if you are using Adobe Acrobat Reader X (10.1.3). The steps for older versions of Adobe Acrobat Reader may vary. The latest Adobe Acrobat Reader can be downloaded at http://get.adobe.com/reader/ (Note: this is a third party software. For support please contact Adobe directly.).

1. Open the .pdf RFP document

2. Position the cursor over the center of the RFP document.

3. A floating tool bar appears, click the Adobe Acrobat Reader logo at the right end of the tool bar.

4. This opens another tool bar on the left and side of the RFP document.

5. On this tool bar, click the paper clip icon.

6. This will open a list of attachments on the left hand side of the RFP document.

7. Click each attachment in the list to view them.

http://get.adobe.com/reader/

SOLICITATION SPM8E3-14-R-0005 Page 3 of 97

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS - SF 1449

(CONTINUATION SHEET)

1. Block 8 Offer Due Date/Local Time: 28 April 2014; 1:00 PM EST

2. Block 9 (continued)

Mailed offers should be sent to:

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

Solicitation No: SPM8E3-14-R-0005 Opening/Closing Date and Time: 28 April 2014; 1:00 PM EST

Handcarried Offers should be delivered to:

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

Solicitation No: SPM8E3-14-R-0005 Opening/Closing Date and Time: 28 April 2014; 1:00 PM EST

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

Notes: 1. All hand carried offers are to be delivered to the Business Opportunities Office between 8:00 a.m. and 5:00 p.m., Monday through Friday hand carried offers may not be submitted on legal federal holidays as set forth in 5 USC 6103. Offerors using a commercial carrier service must ensure that the carrier service “hand carries” the package to the Business Opportunities Office specified above for hand carried offers prior to the scheduled opening/closing time. Package must be plainly marked ON THE OUTSIDE OF THE COMMERCIAL 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.

2. Examples of “hand carried” offers include: In-person delivery by contractor, Fed Ex, Airborne, UPS, DHL, Emery, other commercial carrier, USPS Express Mail, and USPS Certified Mail.

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. Please allow sufficient time to

SOLICITATION SPM8E3-14-R-0005 Page 4 of 97 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 for receipt of initial proposals. 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.

› Email offers are NOT authorized for receipt of initial proposals. However, in the event of solicitation amendments, clarifications and/or negotiations, revisions to the initial proposal may be authorized via email at the Contracting Officer’s discretion.

3. 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: ____________________________.

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

5. Continuation of Blocks 19-24: Schedule of Supplies/Services

I. PRODUCT SUPPORT

The contracts resulting from this solicitation will cover a full line of MRO supplies in support of the maintenance, repair and operations requirements of installations in the South Central Region (comprised of two Zones) of the United States as described herein. The awardee will be responsible for making available to authorized customers in the prospective Zone covered under the resulting contract, the categories of items listed below. The items listed below are not all inclusive of the items that may be required to be furnished by the Tailored Logistics Support Prime Vendor (TLS PV) as such term is defined in DLAD 17.95. The Price Evaluation Lists (PEL) of items illustrates the types of supplies that have been provided and potentially will be required of the awardee to provide to customers in their respective Zone. The PELs are included in the Microsoft Excel Spreadsheet attachments titled:

Attachment 1 SPM8E3-14-R-0005 SC Zone 1 Price Proposal or Attachment 2 SPM8E3-14-R-0005 SC Zone 2 Price Proposal.

1. Heating, Ventilation and Air Conditioning (HVAC) supplies;

2. Plumbing supplies (including bath and shower items, ablution units);

3. Electrical products (including generators, wire/cable, connectors, sockets, outlets, lights, etc.);

SOLICITATION SPM8E3-14-R-0005 Page 5 of 97

4. Tools of various kinds;

5. Chemical, lubricating, and rubber products and products including same;

6. Construction supplies (including but not limited to cement, lumber and plywood, bricks, blocks, steel, aluminum, and other metal products, conduits, prefabricated structures to include re-locatable buildings (RLBs & ablution units), etc.;

7. Perimeter security items such as barriers, barbed wire, concertina wire, and sand bags (also used for erosion prevention);

8. Communication devices (such as walkie-talkies, two-way radios, etc.

used by the maintenance personnel), and;

9. Various other commercial supplies required by the war-fighters to accomplish their mission AND related incidental services as such term is further explained herein.

II. PRICING

Offerors will provide four elements of pricing: firm fixed Acquisition Ceiling Prices for PEL items for three pricing periods, firm fixed Distribution Ceiling Prices for twenty pricing tiers (Distribution Matrix) for three pricing periods, a total acquisition price for an incidental service based on a scenario, and unburdened and burdened labor rates for identified storefront personnel for three pricing periods. Offerors must provide Acquisition Ceiling Prices for a minimum of 95% of the items on the PEL. Offerors may be excluded from the competition for failure to do

so. Offerors may offer alternate items. However, the offeror must provide a complete technical data package for the Alternate item being offered as well as the item on the Price Evaluation List for comparison purposes. If the item is deemed equal in form, fit, and function to the item on the Price Evaluation List, it will be accepted. Alternate items determined not to be acceptable will not count towards the 95% minimum of PEL items required to be priced and will not be evaluated. The prices for the PEL and Acceptable Alternates will be Acquisition Ceiling Prices.

They will be firm fixed per unit ceiling prices after contract award. The Acquisition Ceiling Price represents the maximum acquisition unit price the TLS PV can charge for an item on the PEL. For the Distribution Matrix, Contractors will offer a firm fixed total Distribution Ceiling Price, offered as a dollar amount, for each of the twenty pricing tiers listed in the matrix. The tiers are specific dollar value ranges based on the Total Acquisition Price Per Order when the TLS PV submits the order. They will be used to assign a corresponding total Distribution Ceiling Price for the order. The Distribution Ceiling Price represents the total maximum distribution price the TLS PV can charge for an order within the range. The prices are fixed for each pricing period. There will be three pricing periods under the contract and they will be sequential: Period 1: Two Years; Period 2: Eighteen Months; and Period 3: Eighteen Months.

The scenario price for the Incidental Service will be used for evaluation purposes. For Zone 1, proposed burdened labor rates are firm fixed for the identified Fort Polk Storefront personnel for each pricing period. The unburdened and burdened labor rates will also be used as a benchmark if additional personnel are required to support the storefront or if another storefront is negotiated for this Zone. For Zone 2, proposed unburdened and burdened labor rates for the identified storefront personnel will be used as a benchmark if a storefront is negotiated for this Zone.

SOLICITATION SPM8E3-14-R-0005 Page 6 of 97

III. DELIVERY ORDERS

Each delivery order issued against the contract will be firm fixed price. The delivery order will consist of the acquisition price for each item or incidental service on the order and the distribution price based on the total dollar value of the order. The acquisition price for PEL items and Acceptable Alternates and non-PEL Items may vary based on market conditions and will be supported by competitive subcontractor quotes and/or other additional information as determined by the Contracting Officer. The acquisition price for PEL items and acceptable alternates shall not exceed the Acquisition Ceiling Prices established at contract award for each pricing period. The distribution price shall not exceed the Distribution Ceiling Prices established at contract award for each pricing period.

IV. TERM

The contracts resulting from this solicitation will be Indefinite Delivery/Indefinite Quantity Contracts with base ordering periods of 5 years and maximum terms of 5 years, which includes a 30-day implementation period, if needed, after award. There are no options.

V. HISTORICAL DEMAND VALUE

The South Central Region is divided into two zones. At the time of award of these contracts, the implementation sites for the South Central Region will be those activities ordering through the current contracts. 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, and do not constitute guarantees that this volume or value will actually be ordered. Offerors must consider any business risks associated with the estimates and include them within the breadth of their proposals.

VI. CONTRACT MINIMUM/MAXIMUM

The Government guarantees that it will order under the contract awarded under this solicitation a quantity of supplies having a minimum dollar value of $3,000,000.00 for Zone 1 and supplies having a minimum dollar value of $2,000,000.00 for Zone 2. The aggregate of delivery orders issued during contract performance in each Zone will be applied to the minimum guarantee in each Zone. At the time when the aggregate of delivery orders equals or exceeds the guaranteed minimum for the contract, the guaranteed minimum will have been met and the Government’s obligations with regard to the guarantee will have been satisfied. NOTE: The contract minimum represents the guaranteed minimum amount for the entire five year contract period.

The estimated yearly value of Zone 1 is $30,000,000.00; the estimated yearly value of Zone 2 is $21,000,000.00.

The maximum dollar value that can be obligated for the contract awarded under this solicitation for Zone 1 is $225,000,000.00, meaning that the cumulative obligations of all orders placed against the contract resulting from this solicitation for Zone 1 cannot exceed $225,000,000.00.

The maximum dollar value that can be obligated for the contract awarded under this solicitation for Zone 2 is $157,500,000.00, meaning that the cumulative obligations of all orders placed against the contract resulting from this solicitation for Zone 2 cannot exceed $157,500,000.00.

Note: The Maximum Contract Value for the MRO South Central Region is $382.5 Million. The maximum dollar value of $225 Million for Zone 1 and $157.5 Million for Zone 2 accounts for

SOLICITATION SPM8E3-14-R-0005 Page 7 of 97 potential surge and contingency requirements; however, $150 Million remains the estimated dollar value for Zone 1 and $105 Million remains the estimated dollar value for Zone 2.

CAUTION NOTICE

1. This solicitation represents a continuation of the Maintenance, Repair and Operations (MRO) Tailored Logistics Support Prime Vendor (TLS PV) Program at DLA Troop Support. It constitutes the “third generation” acquisition under the MRO Program for the full line of logistics support of the maintenance, repair, and operations supply requirements of the military installations, federal agencies, and other authorized customers located in the geographical areas defined herein as the South Central Region in the United States. The South Central Region includes two zones: Zone 1 includes the states of Texas and Louisiana. Zone 2 includes the states of Colorado, New Mexico, Oklahoma, Kansas and Arkansas. A single TLS PV contract will be awarded for each zone. In 2013, for Zone 1, there were 6,485 orders for 9,748 lines for 70 customers. For Zone 2, there were 4,681 orders for 12,283 lines for 47 customers. A TLS PV is a supplier of a wide variety of products within a specific industry/sector, which along with supplying those products provides additional capabilities such as distribution.

2. DLA Troop Support is a Primary Level Field 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 solicitation, 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.

3. Proposals are being solicited for TLS PV support of military installations, federal agencies, and other DOD authorized customers located within the geographic area defined as the South Central Region.

See attachment 3 for list of current customers/implementation sites in each Zone. DLA Troop Support anticipates that participation in the program may be expanded to various additional ordering activities in the South Central Region. However, expansion of the program will depend greatly on the successful management of its contract by the awardees. There are ongoing regular customers in the South Central Region in each Zone at this time.

4. Under the contracts awarded pursuant to this solicitation, each participating facility within the South Central Region will be able to purchase its normal day-to-day MRO requirements from the DLA Troop Support MRO TLS PV contractors in their perspective Zones.

5. As the MRO Program and the TLS PV contracts expand coverage in their respective Zones, significant additions to the lists of items may occur. If product lines are added to the contracts resulting from this solicitation, the contractors will be required to arrange for distribution of such product lines within 30 days of their addition to the contract.

SOLICITATION SPM8E3-14-R-0005 Page 8 of 97

6. The TLS PVs may be required to provide inventory management and/or provide manpower to issue materials or supplies furnished under “storefront” operations located on one or more military installations. For the South Central Region, there is currently a storefront in Zone 1 at Fort Polk in Louisiana.

7. The Government is seeking proposals that, to the maximum practicable extent, will employ the techniques, advantages and economies of existing contractor commercial business practices to reduce the total logistics cost to DLA Troop Support and its customers. TLS PVs provide rapid response, direct vendor delivery, 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.

8. Offerors may submit proposals for one or both Zones. A single TLS PV contract will be awarded for each Zone. Proposals for each Zone will be evaluated using Best Value Trade-off source selection procedures with the non-price factors being significantly more important than price. As the non-price ratings of offers become more equivalent, price will become more important. The contract for Zone 1 will be awarded to that offeror whose proposal is most advantageous to the Government considering non-price evaluation factors and price. To ensure the continuous availability of reliable sources of supply, the offeror who is selected as the best value for Zone 1 will be eliminated from competition on Zone 2. The contract for Zone 2 will be awarded to that offeror whose proposal is the most advantageous to the Government considering non-price evaluation factors and price. In the event the Government does not receive more than one acceptable offer, the same vendor may be awarded both Zone 1 and Zone 2

9. Offerors are advised that the Preference for Certain Domestic Commodities/Berry Amendment and Trade Agreements Act apply to this solicitation. Depending on the item being solicited, the Berry Amendment or the Trade Agreements Act requirements may apply. Additionally, there are other procurement restrictions set forth in the regulations that may apply to certain specific products.

Please note, clauses implementing and certifications for the applicable restrictions are checked in FAR 52.212-4, below, or may be separately incorporated into the contracts or individual orders under the contracts. Contractors must be aware of which provision applies at the time that they submit their offer.

10. Price Catalog: DLA Troop Support will maintain a Price Catalog of the acquisition prices of products in the Contracting Officer Portal (KOP) at Troop Support. The initial Price Catalog will consist of the items in the PEL, and Acceptable Alternates, determined fair and reasonable at their Acquisition Ceiling Price. Acquisition prices for PEL items and Acceptable Alternates and Non- PEL Items will vary based on market conditions and will be supported by competitive subcontractor quotes and/or additional supporting documentation. Items will be added to the Price Catalog prior to or simultaneous with the issuance of each delivery order.

11. Reverse Auction: This solicitation contains DLAD 52.215-9023 for Reverse Auction (RA). If discussions are held, the Government may conduct a Reverse Auction on the Distribution Ceiling Prices in the Distribution Matrix for each pricing period with those offers in the competitive range.

The Contracting Officer will establish a competitive range and those firms removed from the competitive range shall be notified in writing prior to the RA. All offerors whose proposals are

SOLICITATION SPM8E3-14-R-0005 Page 9 of 97 included in the competitive range shall be notified of the date and time of the Reverse Auction. If and when conducted, the RA represents the Final Proposal Revision (FPR) for the Distribution Ceiling Prices in accordance with DLAD 52.215-9023. The Government reserves the right to conduct negotiations for all elements of pricing. By submitting an offer, the offeror consents that the RA Vendor (DLA’s commercial RA service provider) may have access to its submitted data for the purpose of the RA. The RA Vendor shall have a confidentiality agreement in place.

12. 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). The MRO TLS PV contractor 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.

13. Surge/Sustainment Plan: This acquisition includes clauses pertaining to a Surge/Sustainment Plan.

The surge option requirement is found in the addendum to FAR 52.212-4. Instructions for submission of the Surge/Sustainment Plan are found in the addendum to FAR 52.212-1. Information about the evaluation of the Surge/Sustainment Plan is found in FAR 52.212-2.

Note: a Surge and Sustainment Plan/Capability Assessment Plan is not required for this acquisition.

There are no surge requirements for any items included in the PEL at the time of this solicitation.

Although Surge and Sustainment Plan clauses are contained in this solicitation, offerors are not required to submit a Surge and Sustainment Plan. In the event that items are added to the PEL during the pre-award stage or after an award is made, the offeror and/or awardees may be required to submit a Surge and Sustainment Plan/Capability Assessment Plan (see pages 19-21).

14. Fast Pay and Prompt Pay: Fast Pay will be utilized for delivery orders issued under any resultant contract of solicitation SPM8E3-14-R-0005 for orders valued less than $100,000.00, subject to FARS DEV 13-09. A quarterly audit will be conducted. DLA Troop Support anticipates using carrier data provided in the 856 Advance Shipping Notice EDI transaction set, data in the Next Generation Enterprise Linked Logistics Information Source (NGE) system and/or Proof of Deliveries (PODs) provided by the contractor. Prompt Pay will be utilized for all delivery orders valued at or above $100,000.00. DLA Troop Support anticipates using carrier data provided in the 856 Advance Shipping Notice EDI Transaction set, data in the NGE systems and/or PODs provided by the contractor to facilitate prompt payment.

15. Subcontracting Plan: Large business firms are required to submit a Subcontracting Plan with their original proposal which includes new plans as well as previously approved annual company-wide or division-wide Plans. 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 must accompany Subcontracting Plans approved by agencies other than DLA TROOP SUPPORT. Approved plans must be input into the Electronic Subcontracting Reporting System (eSRS), which is available at https://esrs.symplicity.com. Refer to DFARS Clause 252.219-7003, “SMALL BUSINESS https://wawf.eb.mil/ mailto:dscpwawfteam@dla.mil mailto:dscpwawfteam@dla.mil https://esrs.symplicity.com/

SOLICITATION SPM8E3-14-R-0005 Page 10 of 97

SUBCONTRACTING PLAN (DOD CONTRACTS)” and FAR 52.219-9, “SMALL BUSINESS

SUBCONTRACTING PLAN, ALT II.”

Summary Subcontract Report (SSR) - Reports submitted under individual contract plans. If a prime contractor and/or subcontractor is performing work for more than one executive agency, a separate report shall be submitted to each executive agency covering only that agency’s contracts, provided at least one of that agency’s contracts is over $650,000 (over $1.5 million for construction of a public facility) and contains a subcontracting plan. For DoD, a consolidated report shall be submitted for all contracts awarded by military departments /agencies and/or subcontracts awarded by DoD prime Contractors. The consolidated SSR shall be submitted annually for the twelve month period ending September 30. The report is due 30 days after the close of the reporting period. NOTE: To have the status of a small business concern, a concern must meet the definition of “small business concern” set forth in FAR 19.001, and must 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).

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

Also, 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.

Please note that the requirement to submit a subcontracting plan is separate from the socioeconomic requirements of the statement of work, which apply to all offerors.

16. CONTRACTOR CODE OF BUSINESS ETHICS (FEB 2012) DLA TROOP SUPPORT

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 within thirty days of award. 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 or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT. 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 http://www.sba.gov/

SOLICITATION SPM8E3-14-R-0005 Page 11 of 97 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) Contractors must provide a copy of its written code of business ethics and conduct to the Contracting Officer upon request by the Contracting Officer.

17. Offerors are NOT required to submit the information required by FAR 52.223-3 Hazardous Material Identification and Material Safety Data with their initial offer. The information will be required upon award.

18. Proposals: Offerors must submit the following items for their proposal to be considered:

1. Signed copy of SF 1449, completed copy of FAR 52.212-3 and if applicable, a subcontracting plan (Volume III)

2. Non-Price Proposal (Volume I) for each Zone on which an offer is being submitted

3. Price Proposal (Volume II) for each Zone on which an offer is being submitted

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

The Government reserves the right to cancel this solicitation. If this should occur, the Government will not be liable for an offeror’s solicitation preparation costs or any other such related costs incurred.

In accordance with FAR 52.225-25, each offeror must certify that the offeror and any person owned or controlled by the offeror does not engage in any activity for which sanctions may be imposed under section 5 of the Iran Sanctions Act. Each offeror shall update its ORCA certifications and/or by submission of an offer make the above certification (See FAR 52.212-3).

(END OF CAUTION NOTICE)

SOLICITATION SPM8E3-14-R-0005 Page 12 of 97

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL ITEMS

(SEP 2013)

is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.acquisition.gov/far/index.html. Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

Addendum to 52.212-4:

The following paragraph of 52.212-4 is amended as indicated below:

1. Paragraph (m), Termination for Cause.

Delete paragraph (m) in its entirety and substitute the following:

(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 this contract is terminated in whole or in part for cause, and the supplies or services covered by the contract so terminated are repurchased by the Government, the Government will incur administrative costs in such repurchases. The Contractor and the Government expressly agree that, in addition to any excess costs of repurchase, or any other damages resulting from such default, the Contractor shall pay, and the Government shall accept, the sum of $1,350.00 as payment in full for the administrative costs of such repurchase. This assessment of damages for administrative costs shall apply for any termination for cause following which the Government repurchases the terminated supplies or services together with any incidental or consequential damages incurred because of the termination. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

If preceded by an X, the following paragraphs of 52.212-4 contain additional language:

Paragraph Additional Language

[ ] (a) FAR 52.246-2, Inspection of Supplies - Fixed Price, is hereby included in this contract and takes precedence over FAR 52.212-4(a).

[ 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.

Fast Pay only applies to Delivery Orders valued under $100,000.00 and is subject to renewal of an authorizing class deviation.

https://www.acquisition.gov/far/index.html

SOLICITATION SPM8E3-14-R-0005 Page 13 of 97

ADDENDUM TO FAR 52.212-4

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 Clauses: https://www.acquisition.gov/far/index.html DFARS Clauses: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html DLAD Clauses: http://www.dla.mil/Acquisition/Documents/DLAD%20Rev%205.htm

CLAUSE NUMBER TITLE/DATE

FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

(SEP 2013)

FAR 52.208-9 Contractor Use of Mandatory Sources of Supply or

Services (OCT 2008)* FAR 52.211-17 Delivery of Excess Quantities (SEP 1989) FAR 52.222-24 Pre-Award On Site Equal Opportunity Compliance

Evaluation (FEB 1999) FAR 52.223-3 Hazardous Material Identification and Material Safety Data

(JAN 1997)

FAR 52.223-11 Ozone Depleting Substances (MAY 2001) FAR 52.223-12 Refrigeration Equipment and Air Conditioners (MAY

1995) 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 2010) 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 252.201-7000 Contracting Officer’s Representative (DEC 1991) DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials (SEP 2011) DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights

(JAN 2009)

DFARS 252.203-7003 Agency Office of the Inspector General (DEC 2012) DFARS 252.204-7003 Control of Government Personnel Work Product (APR

1992) DFARS 252.204-7004 Alternate A, System for Award Management (FEB 2014)

DFARS 252.205-7000 Provision of Information to Cooperative Agreement

Holders (DEC 1991) https://www.acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.dla.mil/Acquisition/Documents/DLAD%20Rev%205.htm

SOLICITATION SPM8E3-14-R-0005 Page 14 of 97

DFARS 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country (DEC 2006) DFARS 252.211-7006 Passive Radio Frequency Identification (SEP 2011) DFARS 252.219-7003 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (DOD Contracts)

(AUG 2012)

DFARS 252.223-7001 Hazard Warning Labels (DEC 1991) DFARS 252.223-7008 Prohibition of Hexavalent Chromium (JUNE 2013) DFARS 252.225-7002 Qualifying Country Sources as Subcontractor (DEC 2012) DFARS 252.225-7012 Preference for Certain Domestic Commodities (FEB 2013) DFARS 252.225-7015 Restriction on Acquisition of Hand or Measuring Tools

(JUN 2005)

DFARS 252.225-7021 Trade Agreements (AUG 2013) DFARS 252.225-7030 Restriction on Acquisition of Carbon, Alloy, and Armor

Steel Plate (DEC 2006) DFARS 252.226-7001 Utilization of Indian Organizations, Indian Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) DFARS 252.227-7015 Technical Data—Commercial Items (JUN 2013) DFARS 252.227-7037 Validation of Restrictive Markings on Technical Data (JUN

2013) DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports (JUN 2012) DFARS 252.232-7010 Levies on Contract Payments (DEC 2006) DFARS 252.243-7002 Requests for Equitable Adjustments (MAR 1998) DFARS 252.246-7000 Material Inspection and Receiving Report (MAR 2008)* only applicable to shipments to DOD Transshipment points DFARS 252.247-7023 Transportation of Supplies by Sea (JUN 2013) DLAD 52.211-9004 Priority Rating for Various Long Term Contracts

(NOV 2011)

DLAD 52.211-9010 Shipping Label Requirements -Military Standard (MIL-

STD) -129P (MAR 2012)* applicable to shipments to DOD Transshipment points and when required by DLA Troop Support

DLAD 52.211-9014 Contractor Retention of Traceability Documentation

(AUG 2012)

DLAD 52.215-9036 Sales Pricing Practices – Commercial (JAN 2014) DLAD 52.215-9037 Price Reductions (JAN 2014) DLAD 52.216-9006 Addition/Deletion of Items (AUG 2005) DLAD 52.223-9000 Material Safety Data Sheets and Hazard Warning Labels (NOV 2011) DLAD 52.223-9002 Anti-Stain Treatment (Untreated Wood Products)

(SEPT 2008)

DLAD 52.223-9003 Marking Dangerous Goods or Hazardous Materials (NOV 2011) DLAD 52.223-9004 Federal Insecticide, Fungicide, and Rodenticide Act

(FIFRA)(SEP 2008)

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DLAD 52.233-9000 Agency Protests (NOV 2011) DLAD 52.246-9019 Material and Inspection Report (APR 2008) DLAD 52.246-9020 Distribution of Material Inspection and Receiving Report

(APR 2008) * only applicable to shipments to DOD Transshipment points

DLAD 52.247-9012 Requirements for Treatment of Wood Packaging Material (WPM) (FEB 2007) DLAD 52.247-9029 Shipping Instructions (NOV 2011)

*At this time, no Ability One items have been identified.

FAR 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.

FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract, and not completed within that period, shall be completed by the Contractor within the time specified in the order. The contract shall

SOLICITATION SPM8E3-14-R-0005 Page 16 of 97 govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract later than 2 years after expiration of the contract ordering period.

DFARS 252.216-7006 ORDERING (MAY 2011)

(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 contract schedule. Such orders may be issued from the date of contract award through the end of the contract base 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)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

DFARS 252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JUNE 2013)

(a) Definitions. As used in this clause— “Credible information” means information that, considering its source and the surrounding circumstances, supports a reasonable belief that an event has occurred or will occur.

“Critical safety item” means a part, subassembly, assembly, subsystem, installation equipment, or support equipment for a system that contains a characteristic, any failure, malfunction, or absence of which could have a safety impact.

“Safety impact” means the occurrence of death, permanent total disability, permanent partial disability, or injury or occupational illness requiring hospitalization; loss of a weapon system; or property damage exceeding $1,000,000.

“Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for the Contractor or another subcontractor under this contract.

(b) The Contractor shall provide notification, in accordance with paragraph (c) of this clause, of—

(1) All nonconformances for parts identified as critical safety items acquired by the Government under this contract; and

(2) All nonconformances or deficiencies that may result in a safety impact for systems, or subsystems, assemblies, subassemblies, or parts integral to a system, acquired by or serviced for the Government under this contract.

(c) The Contractor—

(1) Shall notify the Administrative Contracting Officer (ACO) and the Procuring Contracting Officer (PCO) as soon as practicable, but not later than 72 hours, after discovering or acquiring credible information concerning nonconformances and deficiencies described in paragraph (b) of this clause; and

(2) Shall provide a written notification to the ACO and the PCO within 5 working days that includes—

(i) A summary of the defect or nonconformance;

(ii) A chronology of pertinent events;

SOLICITATION SPM8E3-14-R-0005 Page 17 of 97

(iii) The identification of potentially affected items to the extent known at the time of notification;

(iv) A point of contact to coordinate problem analysis and resolution; and

(v) Any other relevant information.

(d) The Contractor—

(1) Is responsible for the notification of potential safety issues occurring with regard to an item furnished by any subcontractor; and

(2) Shall facilitate direct communication between the Government and the subcontractor as necessary.

(e) Notification of safety issues under this clause shall be considered neither an admission of responsibility nor a release of liability for the defect or its consequences. This clause does not affect any right of the Government or the Contractor established elsewhere in this contract.

(f) (1) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts for—

(i) Parts identified as critical safety items;

(ii) Systems and subsystems, assemblies, and subassemblies integral to a system; or

(iii) Repair, maintenance, logistics support, or overhaul services for systems and subsystems, assemblies, subassemblies, and parts integral to a system.

(2) For those subcontracts, including subcontracts for commercial items, described in paragraph

(f)(1) of this clause, the Contractor shall require the subcontractor to provide the notification required by paragraph (c) of this clause to—

(i) The…