SPM8E3-14-R-0006_MRO_NORTHWEST_SOLICITATION.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. 2/2012)

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)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

IQC13304009010 103

SPM8E3-14-R-0006

Rodney A. Farrell, Jr. 215-737-7188

SPM8E3

to be specified on ea delivery order

TO BE SPECIFIED ON EACH DELIVERY ORDER

ISSUED

SEE BLOCK 9

MRO TAILORED LOGISTICS PRIME VENDOR

PROGRAM NORTHWEST REGION UNITED

STATES

339999

07/14/2014

08/18/2014

1:00 PM

DLA Troop Support- Construction & Equipment

700 ROBBINS AVENUE

PHILADELPHIA, PA. 19111-5092

MRO Northwest Region USA SPM8E3-14-R-0006 Page 2 of 103

TABLE OF CONTENTS

SOLICITATION SPM8E3-14-R-0006

Section Page

Standard Form (SF) 1449 – Solicitation/Contract/Order for Commercial Items Continuation of SF 1449 ..................................................................................................................... 3-7 Caution Notice .................................................................................................................................... 8-12

Contract Clauses

1. FAR 52.212-4 – Contract Terms and Conditions

2. Addendum to FAR 52.212-4 .................................................................................................... 13-25

3. FAR 52.212-5 – Implementation Statutes or Executive Orders ................................................ 26-30

4. DLAD 52.212-9002 – Implementation Statutes or Executive Orders ....................................... 31-33

Statement of Work ............................................................................................................................ 34-58

Solicitation Provisions

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

2. Addendum to FAR 52.212-1 .................................................................................................... 59-75

3. FAR 52.212-2 – Evaluation – Commercial Items .................................................................... 76-81

4. Addendum to FAR 52.212-2

5. FAR 52.212-3 – Offeror Representations and Certifications – Commercial Items ................... 83-98

6. Addendum to FAR 52.212-3 ................................................................................................... 99-103

Attachments

Attachment 1: Price Proposal Spreadsheet Northwest Region Attachment 2: Usage Data Format Attachment 3: Current Customers/Implementation Sites Attachment 4: Storefront Scenario

Accessing the Attachments to the RFP

1. Open the PDF RFP document

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

3. When 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

The above are the steps to follow when accessing attachments if you are using Adobe Acrobat Reader X (10.1.3).

The steps for older versions of Adobe Acrobat Reader may vary. You can download the latest Adobe Acrobat Reader at http://get.adobe.com/reader/ This is third-party software, for support please contact Adobe directly.

MRO Northwest Region USA SPM8E3-14-R-0006 Page 3 of 103

SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

CONTINUATION SHEET

I Block 8

Offer Due Date/Local Time: Monday, August 18, 2014, 1:00 PM Local Philadelphia Time

II Block 9

A. Offerors shall mail packages by regular United State Postal Service (USPS) delivery to:

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

Solicitation No: SPM8E3-14-R-0006 Opening/Closing Date and Time: Monday, August 18, 2014, 1:00 PM Local Philadelphia Time

B. Offerors shall deliver hand carried packages to:

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

Solicitation No: SPM8E3-14-R-0006 Opening/Closing Date and Time: Monday, August 18, 2014, 1:00 PM Local Philadelphia Time

C. Notes

1. Hand carried packages include In-Person delivery by offeror as well as delivery by private carrier such as FedEx, Airborne, UPS, DHL, Emery, et al. Offerors shall use the above address for offers delivered by USPS Express Mail, USPS Certified Mail.

2. Offerors shall deliver all hand carried packages to the Business Opportunities Office between

8:00 AM and 5:00 PM, Monday through Friday. Offerors may not submit hand carried packages 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 prior to the scheduled opening or closing time.

3. Offerors 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.

4. The Government advises offerors intending to deliver hand carried packages either in-person or through a hand-carried delivery service that the Business Opportunities Office (Bid Room) is located within a secure military installation. In order to gain access to the facility, an escort is required.

MRO Northwest Region USA SPM8E3-14-R-0006 Page 4 of 103

5. 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 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, the Government recommends 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. The government cannot guarantee that you will gain access to the base if you arrive one hour before the offer is due.

6. The Government cannot authorize submission of initial proposals via facsimile. However, in the event of solicitation amendments, clarifications, or negotiations, at the Contracting Officer’s discretion may authorize submission via facsimile.

7. The Government cannot authorize submission of initial proposals via Email. However, in the event of solicitation amendments, clarifications, or negotiations, at the Contracting Officer’s discretion may authorize submission via Email.

III Block 17a

A. Offeror’s DUNS Number _________________________________

1. 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.

B. Offeror’s CAGE Code __________________________________

IV Block 17b

A. Remittance Address if different from Contractor/Offeror address in block 17a

V Block 19 through 24

A. Product Support

1. The contract that results from this solicitation will cover a full line of MRO supplies in support of the Maintenance, Repair, and Operations (MRO) requirements of installations in the Northwest Region of the United States. The Northwest Region is a single zone covering the following: Washington (all ordering activities in the state of Washington); California (all ordering activities located from the San Francisco and Oakland area north); Oregon (all ordering activities in the state of Oregon); Wyoming (all ordering activities in the state of Wyoming); Montana, (all ordering activities in the state of Montana); and Idaho (all ordering activities in the state of Idaho). The awardee will be responsible for making available to authorized customers in the region covered under the resulting contract, the categories of

MRO Northwest Region USA SPM8E3-14-R-0006 Page 5 of 103 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 200 item Price Evaluation List (PEL) illustrates the types of supplies potentially required and provided by the awardee to customers in the region. The PEL is included in the Microsoft Excel Spreadsheet attachment titled MRO Northwest Region Price Proposal.

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

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

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

d. Tools of various kinds;

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

f. 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.;

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

h. Communication devices (such as walkie-talkies, two-way radios, etc. used by the maintenance personnel), and;

i. Various other commercial supplies required by the war-fighters to accomplish their mission

j. Related incidental services as defined herein.

B. Ordering Facilities

1. The following are the top ordering facilities in the Northwest region. Based on the success of this acquisition, the Government anticipates that this initiative may expand to various other military and Government installations within the Northwest region.

N4523A Puget Sound Naval Shipyard Main.t Fac. Rec Officer Bldg. 514 1400 Farragut Ave Bremerton, WA 98314-5001

W68NE6 W12K JBLM Lewis DPW Bldg. 2063 N 4TH Street Fort Lewis, WA 98433-9500

FC4620 92 CES CEOM

CP 509 247 2866

610 N Twinning Ave Ste 380 Fairchild AFB, WA 99011-9566

FC4427 60 CES CEOM

CP 707 424 2141

249 V ST

Travis AFB, CA 94535-2833

N00253 NUWC Keyport Supply Officer Comm 360 396 2185 610 Dowell Street Keyport, WA 98345-7610

FA4479 62 CONS LGC

100 Main St McChord AFB, WA 98438-1109

W81PRB 0555 EN HHC REAR

DET

Bldg. 9640 South I Street Bay F Fort Lewis, WA 98433-5000

W80091 0001 SF HHC HHC SF

GPS (ABN

Bldg. 9141 Sansone FT Lewis, WA 98433-5000

MRO Northwest Region USA SPM8E3-14-R-0006 Page 6 of 103

FC4479 62 CES CEOM

CP 253 982 1110

555 A ST

McChord AFB, WA 98438-1325

N32416 Naval Station Bremerton 120 South Dewey Street Bldg. 515 Pier C Bremerton, WA 98314-5020

N68436 Naval Base Kitsap Receipt Control CC 6331 7000 Finback Circle Silverdale, WA 98315

W81LL8 W8SV OR ARNG FMS

15300 South East Minuteman Way Building 6465 Reset Clackamas, OR 97015-9372

N00406 NAVSUP FLT LOG CTR

Puget Sound

DDD PUGET SOUND DDPW

467 W Street Bremerton, WA 98314-5100

W5652S JBLM Lewis DPTMS Bldg. 9630 I Street Joint Base Lewis McChord, WA 98433-9500

FB4479 627 LRS LGRM Central

REC

Bldg. 1180 CP 253 982 3553 1180 Levitow Blvd Lewis McChord, WA 98438-1123

FB4626 341 LRS LGRM

BLDG 400 CP 406 731 6575

5 80TH St N Malmstrom AFB, MT 59402-7557

W56DRN W12K JBLM Lewis DES Bldg. 9630 I Street Fort Lewis, WA 98433-9500

F2Y2MX 62 MXS

1197 A ST STE 46

McChord AFB, WA 98438-1301

W66QKZ W071 Endist Portland 8010 NW ST Helens Road Portland, OR 97210-3169

C. Pricing

1. 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. The Government may exclude offerors 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 offered as well as the item on the Price Evaluation List for comparison purposes. If the Government deems the item equal in form, fit, and function to the item on the Price Evaluation List, the Government will accept the item as an Alternate. If the Government determines Alternate items unacceptable, the item will not count towards the 95% minimum required PEL items and will not evaluate the item. 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. The tiers will assign a corresponding total Distribution Ceiling Price for the order. The Distribution Ceiling Price

MRO Northwest Region USA SPM8E3-14-R-0006 Page 7 of 103 represents the total maximum distribution price the TLS PV can charge for an order within the range fixing 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 proposed scenario price (Incidental Service) is for evaluation purposes only. The Government will use unburdened and burdened labor rates as a benchmark if the Government negotiates storefronts in the Northwest Region.

D. Delivery Orders

1. 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. As that acquisition price for PEL items, Acceptable Alternates, and non-PEL Items may vary based on market conditions, the offeror shall support their offers by competitive subcontractor quotes 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.

E. Term

1. The contract resulting from this solicitation will be an Indefinite Delivery Indefinite Quantity Contract (IDIQ) with base ordering period of five years and maximum terms of five years, which includes a 30-day implementation period, if needed, after award. There are no options.

F. Historical Demand Value

1. At the time of award of this contract, the implementation sites for the Northwest Region will be those activities ordering through the current contract. 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.

G. Contract Minimum and Maximum

1. For the Northwest region awarded contract, the Government guarantees it will order a quantity of supplies having a minimum dollar value of $1,000,000.00. The aggregate of delivery orders issued during contract performance will be applied to the minimum guarantee. 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.

2. The Estimated Annual Dollar Value for the Northwest Region is $21,000,000.00. The

Government may order a quantity of supplies having a maximum dollar value of $157,500,000.00. The Government shall not exceed this maximum cumulative obligation for the contract awarded.

MRO Northwest Region USA SPM8E3-14-R-0006 Page 8 of 103

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 second 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 Northwest Region in the United States. A single TLS PV contract will be awarded for the region. 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 (DLA TS), formerly known as Defense Supply Center Philadelphia-DSCP, 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 Northwest Region. See attachment 3 for list of current customers and implementation sites in the region.

DLA TS anticipates that participation in the program may be expanded to various additional ordering activities in the Northwest Region. However, expansion of the program will depend greatly on the successful management of its contract by the awardee. There are ongoing regular customers in the Northwest Region at this time.

4. Under the contracts awarded pursuant to this solicitation, each participating facility within the

Northwest Region will be able to purchase its normal day-to-day MRO requirements from the DLA Troop Support MRO TLS PV contractor.

5. As the MRO Program and the TLS PV contracts expand coverage in the region, significant additions to the list may 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 product lines within 30 days of their addition to the contract.

6. The TLS PVs may be required to provide inventory management and provide work force to issue materials or supplies furnished under “storefront” operations located military installations as defined in the solicitation. Currently the Government does not expect to establish a storefront in the Northwest Region, but will evaluate offer proposals based upon a storefront scenario.

MRO Northwest Region USA SPM8E3-14-R-0006 Page 9 of 103

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. A single TLS PV contract will be awarded. Proposals will be evaluated using Best Value

Tradeoff 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.

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 contract or individual orders under the contract. Contractors must be aware of which provision applies at the time that they submit their offer.

10. Price Catalog.

a. 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.

a. This solicitation contains DLAD 52.215-9023 for Reverse Auction (RA). If the Government holds discussions, 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 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.

MRO Northwest Region USA SPM8E3-14-R-0006 Page 10 of 103

12. Wide Area Work Flow (WAWF).

a. 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 and Sustainment Plan.

a. 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 and Sustainment Plan is found in FAR 52.212-2.

b. A Surge and Sustainment Plan or 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. If the Government adds items to the PEL during the pre-award stage or after making an award, the offeror and awardees may be required to submit a Surge and Sustainment Plan or Capability Assessment Plan, as later defined.

14. Fast Pay and Prompt Pay.

a. The Government will use Fast Pay for delivery orders issued under any resultant contract of solicitation SPM8E3-14-R-0006 for orders valued less than $100,000.00, subject to renewal of FARS DEV 13-09. The Government will conduct a quarterly audit. 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 or Proof of Deliveries (PODs) provided by the contractor. The Government may use Prompt Pay for all delivery orders valued at or above $100,000.00. DLA TS anticipates using carrier data provided in the 856 Advance Shipping Notice EDI Transaction set, data in the NGE systems and PODs provided by the contractor to facilitate prompt payment.

15. Subcontracting Plan.

a. Large business firms are required to submit a Subcontracting Plan with their original proposal. Approved plans must be input into the Electronic Subcontracting Reporting System (ESRS), available at https://esrs.symplicity.com. The offerors submitted Subcontracting Plan shall be current and shall identify the period of approval. 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, the offeror shall submit a new plan least 60 days prior to the expiration of the existing plan. The letter of approval issued by the approving agency must accompany Subcontracting Plan approved by agencies other than DLA TS.

MRO Northwest Region USA SPM8E3-14-R-0006 Page 11 of 103

b. Refer to DFARS Clause 252.219-7003, “Small Business Subcontracting Plan (DOD Contracts)” and FAR 52.219-9, “Small Business Subcontracting Plan, ALT II.” 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).

c. The Government requests all offerors to use 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.

d. The Government encourages offerors to use SubNet to post subcontracting opportunities for small business firms. Small business firms may use SubNet to identify tangible bidding opportunities.

e. Both Dynamic Small Business Search and SubNet may be reached through the SBA Homepage at: http://www.sba.gov.

f. 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

a. 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)

MRO Northwest Region USA SPM8E3-14-R-0006 Page 12 of 103

b. This solicitation and 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 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). Ccontractors 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. During performance of the contract, the awardee shall be required to follow DFARS 252.223-7001 Hazard Warning Labels for labeling and provision of Material Safety Data Sheets for each delivery order.

18. Proposals.

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

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

ii. Non-Price Proposal (Volume I)

iii. Price Proposal (Volume II)

b. 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 or negotiations, if held, and for proposal revisions including Final Proposal revisions.

c. 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.

d. 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 by submission of an offer make the above certification (See FAR 52.212-3).

END OF CAUTION NOTICE

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CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions –Commercial Items (MAY 2014) is incorporated in this solicitation by reference. Offerors may access the full text electronically at http://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 FAR 52.212-4

I The following amends paragraph of 52.212-4 as indicated

A. Paragraph (m) - Termination for Cause

1. 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.

B. Paragraph Additional Language

1. If preceded by an X, the following paragraphs of 52.212-4 contain 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.

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ADDENDUM TO FAR 52.212-4

The contract shall incorporate the clauses listed by reference with the same force and effect as if 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. Offerors may access full text of solicitation clauses and provisions electronically at the following websites.

FAR Clauses: http://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 TITLE/DATE

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 52.242-13 ................Bankruptcy (Jul 1995) FAR 52.242-15 ................Stop-Work Order (AUG 1989) FAR 52.247-34 ................F.O.B. Destination (NOV 1991) FAR 52.247-52 ................Clearance and Documentation Requirements – Shipments to DOD Air or Water Terminal Transshipment Points (FEB 2006) DFARS 252.201-7000 .....Contracting Officer’s Representative (DEC 1991) DFARS 252.203-7002 .....Requirement to Inform Employees of Whistleblower Rights (SEP

2013) DFARS 252.204-7003 .....Control of Government Personnel Work Product (APR 1992) DFARS 252.204-7004 .....Alternate A, System for Award Management (MAY 2013) DFARS 252.209-7004 .....Subcontracting with Firms That Are Owned or Controlled by the

Government of a Terrorist Country (DEC 2006) 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 252.225-7002 .....Qualifying Country Sources as Subcontractor (DEC 2012) DFARS 252.225-7030 .....Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate

(DEC 2006)

DFARS 252.246-7000 .....Material Inspection and Receiving Report (MAR 2008)* only applicable to shipments to DOD Transshipment points DLAD 52.211-9004 ........Priority Rating for Various Long Term Contracts (NOV 2011)

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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 52.217-9012 .........Warstopper Program Material Buffer Availability 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) 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)

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DLAD 52.215-9037 Price Reductions (JAN 2014)

(a) This clause shall be read in conjunction with provisions 52.215-9035, Sales Pricing Practices -

Noncommercial Items, and 52.215-9036, Sales Pricing Practices - Commercial Items, as applicable.

(b) During the contract period, the Contractor shall report to the Contracting Officer all price reductions to any aligned customer (or category of customers). The Contractor's report shall include an explanation of the conditions under which the reductions were made.

(c) Price reductions.

(1) Commercial items. A price reduction shall apply to purchases of commercial items under this contract if, after the date negotiations conclude, the Contractor -

(i) Revises the commercial catalog, pricelist, schedule, or other document upon which contract award was based to reduce prices;

(ii) Grants more favorable discounts or terms and conditions than those contained in the commercial catalog, pricelist, schedule, or other documents upon which contract award was based; or

(iii) Grants discounts to an aligned customer (or category of customers) for item pricing, and the change disturbs the price/discount relationship of the Government to that customer (or category of customers).

(2) Noncommercial items. A price reduction shall apply to purchases of noncommercial items under this contract if, after the date negotiations conclude, the Contractor lowers the price paid by an aligned customer. The price reduction to the Government for an item will be calculated by applying the same percentage reduction to the Government price as was made to the price to the aligned customer.

(3) The Contractor shall offer the price reduction to the Government with the same effective date, and for the same time period, as extended to the aligned customer (or category of customers).

(4) There shall be no price reduction for sales caused by an error in quotation or billing, provided adequate documentation is furnished by the Contractor to the Contracting Officer.

(d) The Contractor may offer the Contracting Officer a voluntary price reduction at any time during the contract period.

(e) The Contractor shall notify the Contracting Officer of any price reduction subject to this clause as soon as possible, but not later than 15 calendar days after the effective date of the price reduction.

(f) The contract will be modified to reflect any price reduction that becomes applicable in accordance with this clause, with an effective date for the price change determined in accordance with paragraph ( c) of this clause.

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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 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.

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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 5 calendar years after the date of contract award.

(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 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;

(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

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(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…