W911SG23R0003 (Solicitation CPX III Reefer Trucks).pdf

SEE ADDENDUM

(No Collect Calls)

W911SG23R0003 19-Jan-2023

b. TELEPHONE NUMBER

9155685150

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 27 Jan 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W911SG9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JIMMY PERRY

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011889441-0002

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MICC - FORT BLISS

111 PERSHING RD

FT BLISS TX 79916

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE WK4K6V 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

0001 AR HQ DIV HQ AND HQ B

0001 AR HQ DIV HQ AND HQ B

BLDG 2527 CHAFFEE RD

FORT BLISS TX 79916-6844

TEL: 915-568-2310 FAX:

FAX:

TEL: (915) 569-7596 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

X 8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$40,000,000

NAICS:

532490

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF47

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W911SG23R0003

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

20ft Reefer Truck

CPX III

Part 1 General Information

1. GENERAL:

This is a non-personnel services contract to provide six (6) 20ft Reefer Truck(s). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Introduction: The Contractor shall deliver the six (6) of 20ft Reefer Truck(s) for the dates required. All additional components of the vehicle must be operational in accordance with the vehicle’s manual. The Government reserves the right to extend or curtail the lease/rental for each 20ft Reefer Truck(s) and the Contracting Officer will notify the Contractor within 24 hours if such a requirement is needed.

1.2 Background: The mission of the Command Post Exercise (CPX) III is to provide tough, realistic, joint and combined arms training in multi-national venues across the full spectrum of conflict set in a contemporary operating environment to assist Commanders in developing trained, competent leaders and Soldiers by presenting them with current problem sets to improve the force and prepare for success in the Global War on Terrorism and future joint battlefields.

1.3 Scope: The Contractor shall ensure the six (6) 20ft Reefer Truck(s) are delivered with all necessary original equipment parts IAW the operator’s manual and this PWS. All parts must be fully functional IAW the operator’s manual. The Government reserves the right to vary quantities by +/- 30% due to operational requirements and to make multiple awards to meet said requirements. All 20ft Reefer Truck(s) are to be delivered to designated locations inside training areas.

1.3.1 The 20ft Reefer Truck(s) and equipment must be in compliance with all applicable safety and environmental regulations. The Contractor shall label their equipment near the fuel tank with the wording “Diesel Fuel Only”. The Government will provide qualified drivers to operate the 20ft Reefer Truck(s)

1.4 Period of Performance:

04 FEB Thru 10 FEB 2023 including weekends

The Government also reserves the right to increase or decrease the Period of Performance (POP) dates due to mission requirements. In the event changes occur, the Contracting Officer (KO) will notify the Contractor within 24 hours to make adjustments accordingly. The Government will not be charged for decreasing quantities or POPs due to mission changes. Any changes will be prorated at the calculated daily amount to adjust for increasing or decreasing requirements.

1.5 General Information

1.5.1 Quality Control: The contractor shall maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which he/she assures themselves that their work complies with the requirement of the contract.

1.5.2 Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). Each location will contain a Contracting Officer’s Representative (COR) who will evaluate and inspect the quality of each item under their direct control.

1.5.4 Hours of Operation: The Contractor shall be responsible for conducting business, between the hours of 0900hrs – 1700hrs. Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the Contractor will not be reimbursed when the Government facility is closed for the above reasons. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.5.5 Place of Performance: The work to be performed under this contract will be performed at Ft. Bliss.

1.5.6 Type of Contract: The Government will award a Firm-Fixed Price contract.

1.5.7 Security Requirements: Contractor personnel performing work under this contract shall need to have access to Fort Bliss Main at the time of delivery/services.

1.5.7.1 PHYSICAL Security: The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for contractor use.

1.5.8 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5.

The KO, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the contractor's performance. At these meetings the KO will apprise the contractor of how the government views the contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. Minutes shall be taken by the Contractor with no additional cost to the government.

1.5.9 Contracting Officer’s Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions:

assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract:

issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinate availability of Government Furnished Property (GFP), and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.5.10 Key Personnel: The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be identified. The Contract Manager or Alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager or Alternate shall be available 24hrs, Monday thru Friday except Federal holidays or when the Government facility is closed for administrative reasons.

1.5.11 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties shall be required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.5.12 Contractor Travel: Contractor shall be required to travel throughout Fort Bliss, TX during the performance of this contract to load and unload equipment. The Contractor is not required to travel to off-site locations.

Part 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the Government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed as the COR to administer the contract. Such appointment will be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement (PWS).

2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). This is a government only document and will not be shared with the Contractor. This document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service meets contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor.

The Government does not have privity of contract with the subcontractor.

2.1.12. WORKDAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

Part 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will provide qualified operators.

3.2 Facilities: The Government will not provide any facilities to the contractor.

3.3 Utilities: The government will provide fuel.

3.4 Equipment: N/A

3.5 Materials: N/A

Part 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1. General: Everything included in this paragraph and its subparagraphs is basic to the contract and should be included in the overhead of the Contractor.

4.1.1. The Contractor shall provide all labor, supervision, transportation, vehicles, supplies, equipment, materials, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2. Materials. The Contractor shall provide materials to meet the performance of this contract such as but not limited to repair parts, fluids for generators(s) (oil/grease), and batteries.

4.3. Equipment. The Contractor shall provide equipment to meet the performance of this contract.

4.4. Responsibilities of the Contractor.

4.4.1. The Contractor shall provide a safe working environment for key consultants and all persons in his/her employ as prescribed by 29 CFR 1910 “Occupational Health and Safety”. The Contractor shall be responsible for all damages to persons and property that occur in connection with the work and service under this contract, without recourse again the government.

4.4.2. Contractor shall exercise extreme caution to protect building finishes, private property military property, etc., from damage during the performance of these contract requirements. Contractor shall be responsible for all loss or damage or whatever kind and nature to all government property, while in the performance of these contract requirements, which results in whole or in part from the negligence or missions of contractor, any of his subcontractors or any employee, agent or any representative of the contractor or subcontractor(s).

4.4.3. The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, 50 State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor agrees to comply with federal, state, and local public health regulations and also will comply with DoD and Army Public Health Regulations and guidance.

Part 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. General: The Contractor shall ensure all equipment is delivered with all necessary parts in accordance with (IAW) the operators’ manual and deliver the equipment with a full tank of fuel (diesel operated). The Government will not be responsible for returning equipment with a full tank of gas or paying to refuel the equipment at the end of the Period of Performance.

5.2. 20ft Reefer Truck(s) Requirement: The reefer truck shall be able to work in a variety of environments from lose soil to hard gravel and temperatures up to 120 Fahrenheit.

The reefer truck shall have standard the basic vehicle operator’s manual associated with that equipment.

5.2.1. Equipment Condition: Each item of equipment or property furnished under this contract shall be in safe operational condition and shall comply with the Federal Safety Standards, the American National Standards and State Safety Regulations applicable to this equipment or property. The equipment shall also have its’ service logs and calibration test to indicate it has passed inspection. If the KO or their representative determines that any item of equipment or property furnished is not suitable for performance under this contract, the KO shall promptly inform the contractor in writing.

5.2.2. Quantity: The Government reserves the right to vary quantities by +/- 30% due to operational requirements and to make multiple awards to meet said requirements. The Government also reserves the right to increase or decrease the POP dates due to mission requirements. In the event changes occur, the KO will notify the Contractor within 24 hours to make adjustments accordingly. The Government shall not be charged for decreasing quantities or POPs due to mission changes. Any changes shall be prorated at the calculated daily amount to adjust for increasing or decreasing requirements.

5.2.3. The Contractor shall provide familiarization training on the delivered equipment.

Soldiers to be trained will be licensed operators of similar equipment, but not necessarily the same equipment.

5.2.4. Delivery Instructions: All equipment shall be delivered to the specified Ft.

Bliss locations no later than 1000PST on the first day of the POP. Delivery of equipment must be coordinated with the COR prior to delivery to confirm delivery times and location. The Contractor shall allow adequate time for a joint visual inspection. All set up must be complete and equipment ready for use at time of delivery.

NOTE: Increased installation security may delay Contractors’ delivery time. It is the Contractors’ responsibility to plan and prepare prior to the beginning of the POP to gain access to the post.

5.2.5.1. Pre-Inspection Requirements: The Contractor shall coordinate with the COR to assure all delivery confirmations prior to arrival. At time of delivery, the Contractor shall complete a joint pre-inspection with the COR verifying that items delivered are in the correct location and are operational in accordance with the contract requirements.

Contractor must be present until these joint inspections are complete.

5.2.5.2. Post-Inspections Requirements: The Contractor shall complete a joint post-inspection with the COR verifying that items have been returned in as-delivered condition with only normal wear and tear. The Government will not be responsible for returning the equipment with full fuel tanks or paying to refuel the equipment at the end of the POP.

5.2.5.3. POP or Quantity Change Inspections: In the event that the Contractor is not available for a joint inspection within 24 hours of being notified of a decrease change to the POP, the Government will conduct its inspection unilaterally and submit the inspection to the contractor as evidence that the Government’s POP is complete. The Contractor shall adjust the invoice in accordance with the adjusted POP.

5.2.5.4. Inspection Sheets: All pre and post-inspection/acceptance sheets must be provided to the KO and COR after joint completion by the COR and Contractor.

Inspection sheets must be signed and dated. Both parties’ names must be printed legibly and signed. Pre & Post-Inspection Sheets shall be hard copies only and not by

Portable Electronic Device or Portable handheld Device. The COR is not authorized to sign any electronic device that the vendor uses.

5.2.6. Emergency Services: The Contractor shall identify an emergency maintenance individual(s) to be available by phone to provide 24-hour emergency repair and/or replacement services for the leased equipment, including all weekends and holidays, at the Contractor’s expense. The Contractor shall provide emergency services upon notification from the KO and have repaired or replaced the equipment within four (4) hours. All repairs, replacement, delivery, and pick-up costs not due to Government negligence shall be at no additional cost to the Government. Repairs shall be on-site at the equipment’s location. All backup units utilized in the event of primary failure shall be at no additional cost to the Government.

5.2.6.1. 20ft Reefer Truck Service Package will include: The Contractor shall respond to all maintenance calls within four (4) hours and repair or replace the vehicle within 12 hours. All repairs or replacements for the leased equipment not completed within 12 hours will not be charged to the U.S. Government. All equipment shall operate on Ultra Low Sulfur Diesel fuel and be capable of operating in rough terrain. All repairs and replacement costs are included in the price. Delivery/pick-up costs are included in the price.

5.2.7 Removal of Equipment: The Contractor shall coordinate with the COR for removal of equipment at the end of the POP. The Contractor shall remove all contracted/leased equipment from the installation within 48 hours after the POP. Should equipment remain in place beyond 48 hours, the Government is not liable for usage, theft, loss, damage or replacement costs due to the Contractor's negligence to take possession of owned items. If for any reason the Contractor is unable to pick-up equipment, notify the KO in writing 24 hours prior to scheduled pick-up date.

5.2.7.1. Contract Manger/Supervisor: The appointed Contractor Manager or Supervisor shall be on call to respond to maintenance requests with full telephone coverage and authority to make decisions on behalf of the company on a 24-hour basis. The time for a required maintenance call starts when the Government calls the company representative. The Contractor shall have functioning voicemail. Lack of receiving capabilities by the Contractor does not relieve the Contractor of liability for the required service call timeframe to repair or replace equipment.

5.2.7.2. Claims: If a claim is submitted, it will require the joint inspection pre-and post-inspection/acceptance sheets to accompany the claim form. Both must be provided to the KO at the time of claim submission. The pre-and post-inspection/acceptance sheets must only be signed by the authorized receiving representative that is indicated in the contract. Inspection/acceptance sheets must be signed and dated. Both parties’ names must be printed legible and signed.

5.2.7.3. If a claim is submitted without the pre-and post-inspection/acceptance sheets, the claim is subject to be denied. The Contractor shall submit their claim invoice in the following format:

ITEM

DESCRIPTION

VIN/SERIAL

NUMBER

CONCISE DAMAGE

DESCRIPTION TO

INCLUDE DATE

REPAIR &

MATERIAL COST

AUTHORIZED

COR

Part 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS:

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

Part 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Technical Exhibit 1 – Performance Requirements Summary

7.2. Technical Exhibit 2 – Deliverables Schedule

TECHNICAL EXHIBIT 1

PERFORMANCE REQUIREMENTS SUMMARY

The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective (The Service required— usually a shall statement)

Standard Performance Threshold (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Incentive/Disinc entive

PRS # 1.

The Contractor shall ensure equipment is delivered with all necessary original equipment parts IAW the operator’s manual and have a full tank of diesel fuel, if require PWS. 5

The equipment shall be 100% fully functional

IAW the operator’s manual upon delivery.

100%

First failure will result in the issuance of a Nonconformance

Report (NCR) that specifies deviation or work that fails to meet quality standards.

(2 or more) a corrective action plan will be developed at the discretion of the

KO

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # Of Copies Medium/Format Submit To

Quality Control Plan

One time, with updates as required 1 PDF via e-mail KO, COR

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Reefer Trucks

FFP

The contractor shall provide all, labor, equipment, and material necessary to provide seven (1) 20-foot refrigerated trucks as outlined in the performance work statement.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011889441-0002

PSC CD: W023

NET AMT

0002 1 Job Reefer Trucks

FFP

The contractor shall provide all, labor, equipment, and material necessary to provide seven (1) 20-foot refrigerated trucks as outlined in the performance work statement.

FOB: Destination

0003 1 Job Reefer Trucks

FFP

The contractor shall provide all, labor, equipment, and material necessary to provide seven (1) 20-foot refrigerated trucks as outlined in the performance work statement.

FOB: Destination

0004 1 Job Reefer Trucks

FFP

The contractor shall provide all, labor, equipment, and material necessary to provide seven (1) 20-foot refrigerated trucks as outlined in the performance work statement.

FOB: Destination

0005 1 Job Reefer Trucks

FFP

The contractor shall provide all, labor, equipment, and material necessary to provide seven (1) 20-foot refrigerated trucks as outlined in the performance work statement.

FOB: Destination

0006 1 Job Reefer Trucks

FFP

The contractor shall provide all, labor, equipment, and material necessary to provide seven (1) 20-foot refrigerated trucks as outlined in the performance work statement.

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 04-FEB-2023 TO

10-FEB-2023

N/A 0001 AR HQ DIV HQ AND HQ B

0001 AR HQ DIV HQ AND HQ B

BLDG 2527 CHAFFEE RD

FORT BLISS TX 79916-6844

915-568-2310 FOB: Destination

WK4K6V

0002 POP 04-FEB-2023 TO

10-FEB-2023

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 04-FEB-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 04-FEB-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 04-FEB-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 04-FEB-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.208-4 Vehicle Lease Payments APR 1984 52.208-5 Condition of Leased Vehicles APR 1984

52.208-6 Marking of Leased Vehicles APR 1984 52.208-7 Tagging of Leased Vehicles MAY 1986 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

NOV 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2022

52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.223-6 Drug-Free Workplace MAY 2001 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-1 Disputes MAY 2014 52.246-1 Contractor Inspection Requirements APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Price Only

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision --

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1002", means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The…