Solicitation_Final.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

SPM8E5-14-R-0006

Brittany Killian 215-737-5448

SPM8E1

TO BE SPECIFIED ON EACH DELIVERY ORDER

Prime Vendor for Metals and Metal Products for the Northeast Region of the United States of America

06/24/2014

07/24/2014 3pm ET

DLA Troop Support Construction & Equipment 700 Robbins Avenue Philadelphia, PA 19111-5096

Solicitation Number SPM8E5-14-R-0006 Page 2 of 114

TABLE OF CONTENTS FOR SOLICITATION NO: SPM8E5-14-R-0006

TITLE PAGE

Standard Form (SF) 1449 – Solicitation/Contract/Order for Commercial Items 1 Continuation of any block(s) from SF 1449 3 Caution Notice 6

Contract Clauses

1. FAR 52.212-4 – Contract Terms and Conditions – Commercial Items 10

2. Addendum to FAR 52.212-4 11

3. FAR 52.212-5 – Contract Terms and Conditions Required to Implement 35 Statutes or Executive Orders – Commercial Items

Statement of Work 40-69

Solicitation Provisions

1. FAR 52.212-1 – Instructions to Offerors – Commercial Items 70

2. Addendum to FAR 52.212-1 70

3. FAR 52.212-2 – Evaluation – Commercial Items 87

4. Addendum to FAR 52.212-2 93

5. FAR 52.212-3 – Offeror Representations and Certifications – Commercial Items 95

6. Addendum to FAR 52.212-3 (e.g., certifications Surplus Material, Buy American Act) 112

ATTACHMENTS

Attachment 1: Price Evaluation List (PEL) Spreadsheet

Attachment 2: Schedule of Extras Spreadsheet

Attachment 3: Distribution Price Discounts Table

Attachment 4: EPA Table

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 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.

Solicitation Number SPM8E5-14-R-0006 Page 3 of 114

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS - SF 1449

(CONTINUATION SHEET)

1. Block 8 Offer Due Date/Local Time: July 24, 2014 3:00 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: SPM8E5-14-R-0006 Opening/Closing Date and Time: July 24, 2014 3:00 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: SPM8E5-14-R-0006 Opening/Closing Date and Time: July 24, 2014 3:00 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. EST, 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 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 Business Opportunities Office. The following are telephone numbers for the Business Opportunities Office Room: (215)737-8511, (215)737- 9044, or (215)737-7354. Please allow sufficient time to complete delivery of hand carried

Solicitation Number SPM8E5-14-R-0006 Page 4 of 114 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.)

Solicitation Number SPM8E5-14-R-0006 Page 5 of 114

SOLICITATION RESPONSE SHEET FOR “NO OFFER”

Solicitation No.: ________________________________________

Offer Due Date/Time: ____________________________________

No Offer Submitted for Reason(s) Checked:

[ ] Cannot comply with specification

[ ] Cannot meet delivery requirement

[ ] No open production capacity at plant

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

[ ] Other (specify):

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

Name/Address of firm (include ZIP Code):

Type or print Name/Title of signer: _____________________________________

Signature: __________________________________________________________

Solicitation Number SPM8E5-14-R-0006 Page 6 of 114

CAUTION NOTICE

1. DLA Troop Support is establishing various follow-on “prime vendor” contract for metals, metal products and related services throughout the continental United States (CONUS) and overseas (OCONUS). A “prime vendor” is a business concern that functions as the primary supplier of all metal products either personally or through business partnerships with other concerns. This solicitation encompasses one region defined as the Northeast Region. The Northeast Region consists of the following states: Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont and West Virginia. This region has previously been awarded under the prime vendor program.

2. Ordering offices may include, but are not limited to: military activities, other federal agencies, contractors performing under DoD contracts; including the Maintenance, Repair, Operations (MRO) contractor(s), Naval Facilities Engineering Command (NAVFAC) contractor(s), Army Corps of Engineers (ACE) contractor(s), state Governments, Local Governments, and any other prime vendor/virtual prime vendor performing under a DoD contract. Based on the success of this acquisition, it is anticipated that this initiative may expand to various other military and Government installations within the region. Any such additions or deletions made by DLA may result in a significant increase or decrease in the Government’s contract estimated dollar value, but the maximum contract dollar value will not be changed if and when new authorized customers are added.

3. Based on the expansion of the contract, there may be significant additions to the list of items required to be supplied. The items listed in the Price Evaluation List (PEL) represent estimates based on historical usage data. Further, this list represents items ordered by current customers of the Metals program. Other activities, as added to the contract, may require additional items, not identified on the list, but included in the Items Covered as listed on page of this solicitation. This information will be furnished to the contractor prior to the inclusion of any respective installation. If the Government does exercise the right to add product lines, the contractor shall have a maximum of 30 calendar days to arrange for distribution of any new items.

4. This procurement is being solicited on an UNRESTRICTED basis, and will be evaluated utilizing Lowest Price Technically Acceptable source selection procedures. Award will be based on factors other than cost or price alone, technical factors and past performance, as well as price and will be made to the lowest priced offeror meeting the minimum requirements for technical acceptability and past performance. Evaluation factors for award are contained in FAR 52.212-2 “EVALUATION – COMMERCIAL ITEMS”, contained on page 87. The information provided in the non-price proposal will be used for evaluation purposes only. However, the Government reserves the right to make any part of the proposal a contractual requirement at time of award.

5. Proposals shall be prepared and submitted in accordance with Addendum to FAR 52.212-1 and FAR 52.212-2, of this solicitation. These sections provide instructions on the preparation and evaluation of proposals.

6. This solicitation is for an indefinite quantity type contract. The resulting contract will have a base ordering period of five (5) years with no options.

Solicitation Number SPM8E5-14-R-0006 Page 7 of 114

7. Subcontracting plans are required in accordance with FAR 52.219-9, "SMALL BUSINESS SUBCONTRACTING PLAN (ALTERNATE II), located on page 36 of this solicitation. Plans must be submitted with the initial proposal. Large businesses must submit a Small Business Subcontracting Plan as required with input into eSRS.

a. In the event that an annual company or division-wide subcontracting plan is submitted in response to this solicitation under the offeror’s Technical Proposal, offerors are reminded that the plan should be current, approved and cover the company’s fiscal year. A new plan should be submitted to the Procurement Contracting Officer at least 60 days before the existing plan expires.

b. Subcontracting plans approved by other Government agencies should be company or division-wide in order to be applicable. All plans approved by another Government agency must be accompanied by the letter of approval issued by that agency.

c. A commercial plan (as defined in FAR 19.701) is the preferred type of subcontracting plan for contractors furnishing commercial items. The contractor shall—

Submit the commercial plan to either the first contracting officer awarding a contract subject to the plan during the contractor’s fiscal year, or, if the contractor has ongoing contracts with commercial plans, to the contracting officer responsible for the contract with the latest completion date. The contracting officer shall negotiate the commercial plan for the Government. The approved commercial plan shall remain in effect during the contractor’s fiscal year for all Government contracts in effect during that period; and (2) submit a new commercial plan, 30 working days before the end of the fiscal year, to the contracting officer responsible for the uncompleted government contract with the latest completion date. The contractor must provide to each contracting officer responsible for an ongoing contract subject to the plan, the identity of the contracting officer that will be negotiating the new plan. When the new commercial plan is approved, the contractor shall provide a copy of the approved plan to each contracting officer responsible for an ongoing contract that is subject to the plan.

9. 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 Metals 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.

10. 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 to the online catalog after an award is made, the

Solicitation Number SPM8E5-14-R-0006 Page 8 of 114 offeror and/or awardees may be required to submit a Surge and Sustainment Plan/Capability Assessment Plan.

11. Fast Pay and Prompt Pay: Fast Pay will be utilized for delivery orders issued under any resultant contract of solicitation SPM8E5-14-R-0006 for orders valued less than $100,000.00, subject to annual renewal of authorizing class deviation. 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.

12. 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 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) When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the Contracting Officer upon request by the Contracting Officer.

Solicitation Number SPM8E5-14-R-0006 Page 9 of 114

13. ESTIMATED VALUE

The estimated dollar value over the five-year period is $60 million for the region. 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.

14. TERM

The contract resulting from this solicitation will be Indefinite Delivery/Indefinite Quantity Contract with base ordering period and maximum term of 5 years. This includes a 30 day implementation period, if needed, after award. There are no options.

15. CONTRACT MINIMUM/MAXIMUM

The contract maximum for the Northeast Region is $120 million. The guaranteed minimum for the Northeast Region is $1.5 million for the five year period.

16. DELIVERY

See page 54, “Delivery Requirements.”

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

1. Signed copy of SF 1449

2. Completed copies of FAR 52.212-3

3. Non-Price Proposal

4. Price Proposal

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 Number SPM8E5-14-R-0006 Page 10 of 114

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL ITEMS

(MAY 2014)

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.

2. Paragraph (t), System for Award Management.

Add the following paragraph:

(a) Definitions.

“System for Award Management (SAM) database” means the primary Government repository for contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) Code” means—

(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an “NCAGE code”.

“Data Universal Number System (DUNS) Number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) Number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11 of the Federal Acquisition Regulation) for the same parent concern.

“Registered in the System for Award Management database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM

Solicitation Number SPM8E5-14-R-0006 Page 11 of 114 database;

(2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service. The Contractor will be required to provide consent for TIN validation to the Government as part of the SAM registration process; and

(4) The Government has marked the record “Active”.

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.

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

Solicitation Number SPM8E5-14-R-0006 Page 12 of 114

(APR 2014)

FAR 52.204-7 System for Award Management (JULY 2013) FAR 52.204-13 System for Award Management Maintenance (JULY

2013) 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 52.223-11 Ozone Depleting Substances (MAY 2001) 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) 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 252.203-7000 Requirements Relating to Compensation of Former DoD

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

Rights (SEP 2013) 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) DFARS 252.209-7004 Subcontracting with Firms That Are Owned or

Controlled by the Government of a Terrorist Country

(MAR 2014)

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 252.223-7008 Prohibition of Hexavalent Chromium (JUNE 2013) DFARS 252.225-7002 Qualifying Country Sources as Subcontractor (DEC

2012) DFARS 252.225-7008 Restriction on Acquisition of Specialty Metals (MAR

2013) DFARS 252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals (JUNE 2013) 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 (OCT 2013) DFARS 252.225-7030 Restriction on Acquisition of Carbon, Alloy, and Armor

Steel Plate (DEC 2006)

Solicitation Number SPM8E5-14-R-0006 Page 13 of 114

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 (FEB 2014) 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 (DEC 2012) DFARS 252.246-7000 Material Inspection and Receiving Report (MAR 2008)* only applicable to shipments to DOD Transshipment points

DFARS 252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000)

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 52.216-9006 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)

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)

ADMINISTRATIVE COSTS OF REPROCUREMENT AFTER

TERMINATION FOR CAUSE (APRIL 2011)

If this contract is terminated in whole or part for cause pursuant to Paragraph (m) of the clause included in this contract entitled “Contract Terms and Conditions - Commercial Items”, 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 Government expressly agree that in addition to any excess costs of repurchase, or any other damages resulting

Solicitation Number SPM8E5-14-R-0006 Page 14 of 114 from the Contractor’s 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. The assessment of damages for administrative costs shall apply for any termination for cause for which the Government repurchases the terminated supplies or services, regardless of whether any other damages are incurred and/or assessed.

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.

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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.

FAR 52.223-3 -- HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY

DATA (JAN 1997)

(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material

(If none, insert “None”)

Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

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(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to --

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

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 252.223-7001 HAZARD WARNING LABELS (DEC 1991)

(a) “Hazardous material,” as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.

(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR

1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labeling requirements of one of the following statutes:

(1) Federal Insecticide, Fungicide and Rodenticide Act;

(2) Federal Food, Drug and Cosmetics Act;

(3) Consumer Product Safety Act;

(4) Federal Hazardous Substances Act; or

(5) Federal Alcohol Administration Act.

(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labeled in accordance with one of the Acts in paragraphs (b)(1) through (5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the

Solicitation Number SPM8E5-14-R-0006 Page 17 of 114

Hazard Communication Standard.

MATERIAL (If None, Insert “None.”) ACT

(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.

(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).

252.246-7003 Notification of Potential Safety Issues.

NOTIFICATION OF POTENTIAL SAFETY ISSUES (JUN 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;

(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.

Solicitation Number SPM8E5-14-R-0006 Page 18 of 114

(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 Contractor or higher-tier subcontractor; and

(ii) The ACO and the PCO, if the subcontractor is aware of the ACO and the PCO for the contract.

DLAD 52.212-9000 CHANGES - MILITARY READINESS (NOV 2011)

The commercial changes clause at FAR 52.212-4(c) is applicable to this contract in lieu of the changes clause at FAR 52.243-1. However, in the event of a Contingency Operation or a Humanitarian or Peace Keeping Operation, as defined below, the Contracting Officer may, by written order, change (1) the method of shipment or packing, and (2) the place of delivery. If any such change causes an increase in the cost of, or the time required for performance, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract. The contractor must assert its right to an adjustment within 30 days from the date of receipt of the modification.

“Contingency operation” means a military operation that is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force;

or results in the call or order to, or retention on, active duty of members of the uniformed services under 10 U.S.C. 688, 12301(a), 12302, 12304, 12305, or 12406, Chapter 15 of U.S.C., or any other provision of law during a war or during a national emergency declared by the President or Congress (10 U.S.C. 101(a)(13)).

“Humanitarian or peacekeeping operation” means a military operation in support of the provision of humanitarian or foreign disaster assistance or in support of peacekeeping operation under Chapter VI or VII of the Charter of the United Nations. The term does not include routine training, force rotation, or stationing. (10 U.S.C. 2302 (8) and 41 U.S.C. 259 (d)(2)(B)).

DLAD 52.216-9007 CONTRACT AND DELIVERY ORDER LIMITATIONS (NOV 2011)

(a) Delivery orders will specify delivery no less than ** days from the date of order. Changes or cancellations to delivery orders may be made by giving the Contractor notice no less than ** days [remembering that days are always calendar days unless otherwise defined] before the required delivery date.

**Delivery timeframes will vary from order to order. Accordingly, the terms of delivery shall be specified in each particular TLS PV order.

(b) Maximum contract limitation. The maximum dollar value that may be ordered against the contract is $120 million

Solicitation Number SPM8E5-14-R-0006 Page 19 of 114

(c) Guaranteed minimum.

(1) The Government guarantees that it will order under this contract (and under the contract awarded for any partial set-aside) the following minimum, as applicable:

[ ] (i) Base period of one year.

______ (Quantity)

______ (Percentage of the annual estimated quantity or dollar value)

[X ] (ii) Base period of two or more years.

______ (Quantity) multiplied by ______.

X Dollar Value of $1.5 million.

[ ] (iii) The following minimum quantities within the time periods prescribed (quarter (QTR) represents a three-month period computed from date of award):

Contract Line-Item (CLIN) First Quarter Second Quarter Third Quarter Fourth Quarter

[ ] (iv) The Contractor will not be obligated to honor any order with F.o.b. Destination terms that requires delivery to a single destination of a quantity less than that shown below:

CLIN Minimum Quantity Per Destination

(2) The Government may fulfill the guarantee by a single delivery order or by any number of delivery orders subject to the minimum per order specified in the clause Order Limitations, Federal Acquisition Regulation (FAR) clause 52.216-19 (a). The maximum quantity per order does not apply until after the guaranteed minimum is satisfied.

(3) In the event that a single delivery order includes both items that are within the guaranteed minimum and items in excess of the guaranteed minimum, the maximum delivery order limitations in FAR 52.216-19 (b) shall apply, and the Contractor shall be governed by the notice requirement of FAR 52.216-19 (d).

(4) The total of the delivery orders issued during the base contract period will apply to the minimum guarantee stated in this paragraph (c). The Government’s obligations with regard to the guarantee will be satisfied when the total of the delivery orders equals or exceeds the guaranteed quantity or guaranteed dollar value, as applicable.

(d) If this is an invitation for bids (IFB) and the Government elects to award a different quantity than that solicited or offer upon, the delivery schedule will be changed in direct proportion to the change in quantity. If this solicitation involves a partial set-aside, the Government will consider each destination (or combined destinations) separately in awarding the set-aside portion. The destination(s) appearing on page(s)______________ is (are) the non-setaside portion.

Solicitation Number SPM8E5-14-R-0006 Page 20 of 114

PRICE ADJUSTMENTS

1. During any term of the contract the contract unit prices shall be subject to adjustment as provided by the clauses herein entitled Economic Price Adjustment-Price Indexes-Ferrous & Non-Ferrous Metal Shapes (AUG 2008) and Economic Price Adjustment –…