GAO PRE - AWARD PROTEST DEFENSE LOGISTICS AGENCY

Latvian Connection LLC Al Shareefa Complex – 5

th FL

Kuwait City, Kuwait

Tel: 707 385 9344

August 14, 2015

BY REGISTERED EMAIL

General Counsel

Government Accounting Office

441 G Street, NW

Washington DC 20548

Email: Protests@gao.gov

Attn: Procurement Law Control Group, Room 1139

RE: Pre Award Protest against the Defense Logistics Agency

SOLICITATION No SPE8ED15Q0573

FAILING TO SET ASIDE SOLICITATION WITH VALUE OF $ 3,000 - $ 150,000

FAILING TO PROVIDE SOLE BRAND JUSTIFICATION AND APPROVAL

Dear Procurement Law Group: Latvian Connection LLC, (“ LC LLC”) A U.S. SMALL BUSINESS SAM REGISTERED with

DUNS 534749622CAGE SGM59, submits this PRE- AWARD Protest against the:

Defense Logistics Agency for not setting aside solicitation for U.S. Small Businesses exclusively and violating the Small

Business Act.

State argues that the GAO decision of Latvian Connection General Trading and Construction LLC, B-408633,

Sept. 18, 2013 CPD ¶ 224, applies here. In that case, GAO ruled that FAR 19.000(b) limits the application of FAR

part 19 (dealing with SBA’s small business programs) to acquisitions conducted in the United States (and its

outlying areas). We believe the basis for the GAO’s ruling was that SBA’s regulation were silent on this issue and

therefore, the more specific far regulations controlled.

Heeding this advice, the SBA recently promulgated regulations to address this issue. Specifically, SBA made

wholesale changes to 13 CFR § 125.2 on October 2, 2013. As a result, SBA issued a final rule stating that: “Small

business concerns must receive any award ( including orders, and orders placed against Multiple Award Contracts)

or contract, part of any such award or contract, and any contract for the sale of Government property, regardless of

the place of performance, which the SBA and the procuring or disposal agency determine to be in the interest of:”

13 C.F.R. § 125.2(a)(emphasis added). Likewise, the rule also states that: “Small Business Act requires each

Federal agency to foster the participation of small business concerns as prime contractors and subcontractors in the

contracting opportunities of the Government regardless of the place of performance of the contract.” Id. 125.2

(c)(emphasis added).

Therefore, SBA’s policy and legal interpretation of the Small Business has been incorporated into the regulations. In sum,

according to statute and regulations, small business set asides, regardless of place of performance, are mandatory for

acquisitions valued from $ 3,000 to $ 150,000 We request you invite the SBA to comment please.

Additionally, there is no Justification and Approval for a Sole Brand or Sole Source

¹ ¹In accordance with 4 C.F.R. § 21.1 (c ) (1), the relevant electronic mail address for this protest is

keven.barnes@LatvianConnectionLLC.com ( Representative for the Protester Latvian Connection General Trading and Construction LLC)

CALIFORNIA DUNS 830587791 CAGE 5GLB3

² The Contracting Office for this procurement is DLA TROOP SUPPORT CONSTRUCTION & EQUIPMENT CONTAINERS 700

ROBBINS AVENUE PHILADELPHIA PA 19111-5096 USA Buyer: Joseph Persaud PEPCDBB Tel: 215-737-7133 Email: joseph.persaud@dla.mil

email: Joseph.Persaud@dla.mil

2 | P a g e

GAO PRE - AWARD PROTEST DEFENSE LOGISTICS AGENCY

Per FAR 33.103 Protests to the agency

INTERESTED PARTY STATUS

Our company is a U.S. Small Business and we will have a reasonable chance of winning the Contract if we are

competing against ONLY other U.S. Small Businesses. Therefore, LATVIAN CONNECTION LLC is an actual offeror

that is LOCAL in Kuwait and whose direct economic interest is affected by the award of the Contract and hence, an

interested party. 31 U.S.C. § 3551 (2000); FAR 33.101; 4 C.F.R. § 21.0(a)(2006); Designer Assoc. , Inc.,B-293226, FEB

12, 2004 C.P.D. ¶ 114 at 2.

TIMELINESS OF THIS PROTEST

This is a PRE-Award Protest filed before the bid due in date of Aug 20, 2015. (Exhibits 1)

§ 21.2 Time for filing:

(a)(1) Protests based upon alleged improprieties in a solicitation which are apparent prior to bid opening or the time set for

receipt of initial proposals shall be filed prior to bid opening or the time set for receipt of initial proposals. In

procurements where proposals are requested, alleged improprieties which do not exist in the initial solicitation but which

are subsequently incorporated into the solicitation must be protested not later than the next closing time for receipt of

proposals following the incorporation.

(2) Protests other than those covered by paragraph (a)(1) of this section shall be filed not later than 10 days after the basis

of protest is known or should have been known (whichever is earlier), with the exception of protests challenging a

procurement conducted on the basis of competitive proposals under which a debriefing is requested and, when requested,

is required. In such cases, with respect to any protest basis which is known or should have been known either before or as

a result of the debriefing, the initial protest shall not be filed before the debriefing date offered to the protester, but shall

be filed not later than 10 days after the date on which the debriefing is held. This pre award protest is filed before bid due

in date of 20 AUG 2015.

FACTUAL GROUNDS OF THE PROTEST

The solicitation SPE8ED15Q0573 was posted on 14 AUG 2015 with a bid due in date of 20 AUG 2015 and was

not set aside for U.S. Small Businesses exclusively. ( Exhibit 1 ) and this solicitation has a value of between $ 3,000 and

$ 150,000. There is no Brand Name or Equal and there is no salient characteristics, characteristics or specifications. This

is a Sole Source and Sole Brand without a Justification and Approval being posted. This is a defective solicitation that

does not have a justification and approval for sole source.

Request of a ruling by the Comptroller General of the United States

LATVIAN CONNECTION LLC specifically requests that the GAO recommend that the solicitation

SPE8ED15Q0573 be conducted as a Lowest Priced, Technically Acceptable solicitation on www.fbo.gov and be

reserved for U.S. Small Businesses exclusively. We also request that drawings, technical specifications, and salient

3 | P a g e

GAO PRE - AWARD PROTEST DEFENSE LOGISTICS AGENCY

characteristics are posted. This should be brand name or equal or DLA should post a J & A as to why this one company

should be awarded this contract without competition. This solicitation is defective and violates the Competition in

Contracting Act, the Small Business Act and the Federal Acquisition Regulations regarding elements of a solicitation and

the salient characteristics and this solicitation lacks specifications.

REQUEST FOR HEARING OR CONFERENCE AND PROTECTIVE ORDER

If the issues in this case cannot be resolved on the basis of the documents requested, then LATVIAN

CONNECTION LLC requests a hearing on all of the matters set forth above. 4 C.F.R. § 21.1 (d)(2008). Latvian

Connection LLC does not request a protective order. GAO - WE EXPRESSLY REQUEST THAT THIS PROTEST NOT

BE EXPIDITED.

LEGAL GROUNDS OF PROTEST

State argues that the GAO decision of Latvian Connection General Trading and Construction LLC, B-408633, Sept.

18, 2013 CPD ¶ 224, applies here. In that case, GAO ruled that FAR 19.000(b) limits the application of FAR part 19

(dealing with SBA’s small business programs) to acquisitions conducted in the United States (and its outlying areas). We

believe the basis for the GAO’s ruling was that SBA’s regulation were silent on this issue and therefore, the more specific

far regulations controlled.

Heeding this advice, the SBA recently promulgated regulations to address this issue. Specifically, SBA made wholesale

changes to 13 CFR § 125.2 on October 2, 2013. As a result, SBA issued a final rule stating that: “Small business concerns

must receive any award ( including orders, and orders placed against Multiple Award Contracts) or contract, part of any

such award or contract, and any contract for the sale of Government property, regardless of the place of performance,

which the SBA and the procuring or disposal agency determine to be in the interest of:” 13 C.F.R. § 125.2(a)(emphasis

added). Likewise, the rule also states that: “Small Business Act requires each Federal agency to foster the participation of

small business concerns as prime contractors and subcontractors in the contracting opportunities of the Government

regardless of the place of performance of the contract.” Id. 125.2 (c)(emphasis added).

Therefore, SBA’s policy and legal interpretation of the Small Business has been incorporated into the regulations. In sum,

according to statute and regulations, small business set asides, regardless of place of performance, are mandatory for

acquisitions valued from $ 3,000 to $ 150,000

REQUEST FOR DOCUMENTS

LATVIAN CONNECTION LLC LLC requests that the following materials be included in the agency

report, pursuant to 4 C.F.R. § 21.1(d)(2008):

Copy of Pre-Solicitation Notice

Copy of Small Business Coordination Record DD FORM 2579

Copy of the Bid Abstract

Copy of the Amendment Amending the solicitation for any reason

REQUEST FOR RELIEF AND CONCLUSION

LATVIAN CONNECTION LLC requests that the Agency take corrective action and issue an Amendment, that

is posted on www.fbo.gov and that this solicitation as a Lowest Priced, Technically Acceptable solicitation that is

reserved for U.S. Small Business concerns exclusively.

4 | P a g e

GAO PRE - AWARD PROTEST DEFENSE LOGISTICS AGENCY

We also request that Latvian Connection LLC be reimbursed the costs of filing and pursuing its protest,

including reasonable protest preparation fees. Bid Protest Regulations 4 C.F.R. § 21.8(d)(1) (2010).

Under the Competition in Contracting Act of 1984, the GAO may recommend that protest costs be reimbursed where

they find that an agency’s action violated a procurement statute or regulation. 31 U.S.C. § 3554(c)(1) (2010). The

GAO’s Bid Protest Regulations provide that, where the contracting agency decides to take corrective action in response to

a protest, the GAO may recommend that the protester be reimbursed the costs of filing and pursuing its protest, including

reasonable attorneys’ fees. 4 C.F.R. § 21.8(e) (2010). The GAO has stated that it “does not mean that costs should be

reimbursed in every case in which an agency decides to take corrective action; rather, a protester should be reimbursed its

costs where an agency unduly delayed its decision to take corrective action in the face of a clearly meritorious protest.

Griner’s-A-One Pipeline Servs., Inc.--Costs, B-255078.3, July 22, 1994, 94-2 CPD ¶ 41 at 5.

The Equal Access to Justice Act (EAJA)[i] provides for the award of attorney fees and other expenses to eligible

individuals and small entities who are parties to certain adversary adjudications in administrative proceedings. An eligible

party may receive an award when the party prevails over the government, unless the government’s position was

substantially justified or special circumstances make an award unjust. Fee provided under the EAJA is limited to $125

per hour. The EAJA applies to adversary adjudications pending or commenced on or after August 5, 1985.

To recover fee under the EAJA, a claimant must show that s/he is a prevailing party. Prevailing party is one who achieves

the benefits s/he sought. To obtain fee under the EAJA a party must also show that:

the lawsuit was a material factor in bringing about the desired result;

the outcome was required by law; and

decision was not a gratuitous act by the government.

If, in adversary adjudication arising from an agency action the demand by the agency is found substantially in excess of

the decision of the adjudicative officer and is unreasonable when compared with the decision, the adjudicative officer

shall award to the party the fees and other expenses against the excessive demand. To claim award under the EAJA party

need not have committed a willful violation of law or otherwise acted in bad faith. Award granted should not be unjust in

any circumstances. Fees and expenses awarded shall be paid only as a consequence of appropriations provided in

advance.[ii]

Fees and other expenses under the EAJA include:

the reasonable expenses of expert witnesses:

the reasonable cost of any study, analysis, engineering report, test, or project which is found by the agency to be

necessary for the preparation of the party’s case; and

reasonable attorney’s or agent fees.[iii]

Every party other than an agency who participated in adversary adjudication can recover attorney’s fee and agent

fee. Party represented by a non attorney is also permitted under the EAJA to recover fee. Award provided under the

5 | P a g e

GAO PRE - AWARD PROTEST DEFENSE LOGISTICS AGENCY

EAJA is mandatory and the agency has no discretion to deny attorney fee provided s/he complies all the requirements

under the EAJA.

However certain state laws also authorizes the recovery of reasonable attorney fees. N.D. Cent. Code § 28-32-50(1)

requires an award of reasonable attorney fees and costs to a prevailing claimant if an administrative agency has acted

without substantial justification. N.D. Cent. Code § 28-32-50(1) sets forth a two-part test which must be met in order to

properly award attorney fees: first, the non administrative party must prevail, and second, the agency must have acted

without substantial justification.[iv]

[i] 5 U.S.C. § 504; 28 U.S.C. § 2412; [ii] 5 U.S.C.A. § 504(a)(4) ; [iii] 5 U.S.C.A. § 504(b)(1)(A); [iv] 5 U.S.C.A. §

504(b)(1)(A), Tedford v. Workforce Safety & Ins., 2007 ND 142 (N.D. 2007).

Respectfully submitted,

__________________________

KEVEN L. BARNES

CEO

LATVIAN CONNECTION LLC

8/14/2015 81CONTAINER,REFRIGERA  SPE8ED15Q0573  Federal Business Opportunities: Opportunities

https://www.fbo.gov/index?s=opportunity&mode=form&id=39104bd924b781daec30d45c9a26bfba&tab=core&_cview=0 1/2

Solicitation Number:SPE8ED15Q0573

Notice Type:Combined Synopsis/Solicitation

Welcome, Business Development Officer   Accessibility   User Guide   Logout

Original SynopsisAug 13, 201510:05 am

Return To Opportunities List   Watch This Opportunity  

Add Me To Interested Vendors

Synopsis:Added: Aug 13, 2015 10:05 amProposed procurement for NSN 8145015305463 CONTAINER,REFRIGERA:

Line 0001 Qty 1.000 UI EA Deliver To: 0000 HQ HQ ASG KUWAIT By: 0100DAYS ADOApproved source is 1CVY3 6610R500.

The solicitation is an RFQ and will be available at the link provided in this notice.Hard copies of this solicitation are not available. Specifications, plans, ordrawings are not available.

All responsible sources may submit a quote which, if timely received, shall beconsidered.

Quotes may be submitted electronically.

Additional Info:DLA TROOP SUPPORT

Contracting Office Address:332439

Point of Contact(s):Questions regarding this solicitation should be emailed to the buyer listed inblock 5 of the solicitation document which can be found under the AdditionalInformation link.If the Additional Information link does not work, please go tohttps://www.dibbs.bsm.dla.mil/Solicitations/ and type the solicitation number inthe Global Search box.

Return To Opportunities List   Watch This Opportunity  

Add Me To Interested Vendors

GENERAL INFORMATION

Notice Type:Combined Synopsis/Solicitation

Posted Date:August 13, 2015

Response Date:August 20, 2015

Archiving Policy:Automatic, on specified date

Archive Date:September 19, 2015

Original Set Aside:N/A

Set Aside:N/A

Classification Code:81  Containers, packaging, &packing supplies

NAICS Code:332  Fabricated Metal ProductManufacturing/332439  OtherMetal Container Manufacturing

81CONTAINER,REFRIGERASolicitation Number: SPE8ED15Q0573Agency: Defense Logistics AgencyOffice: DLA Acquisition LocationsLocation: DLA Troop Support  Medical  BSM

Notice Details Packages Interested Vendors List Print   Link

8/14/2015 81CONTAINER,REFRIGERA  SPE8ED15Q0573  Federal Business Opportunities: Opportunities

https://www.fbo.gov/index?s=opportunity&mode=form&id=39104bd924b781daec30d45c9a26bfba&tab=core&_cview=0 2/2

User Guide For Help: Federal Service Desk Accessibility

8/14/2015 DIBBS Request For Quote Record

https://www.dibbs.bsm.dla.mil/rfq/rfqrec.aspx?sn=spe8ed15q0573 1/1

[   RFQ Search     Recent RFQs     RFQs by Issue Date     RFQs by Return By Date     RFQs by FSC   ] [ 226 ] 8/14/2015 1:28:56 PM

     Home            Solic itations            RFQs              RFP/IFB/NonQuotable  RFQs              Tech Data              Downloads              Awards      Navigation:  Navigation/Documents      

GO  

Database Search:  Choose Search  Value:

  GONotice:   · See Notice for schedule of system maintenance. » Read Notice  · DLA Land and Maritime Training, Knowledge and Opportunities (TKO) Webinars August 19th from 09301030 EST » Read Notice

  Please read notices posted on the Notices page.

  Location: Home » Solicitations » RFQs » RFQ Record

 

Printer Friendly VersionRFQ Package Data

Solicitation # Status Issue Date Return By

SPE8ED15Q0573  Open uote   08142015 08202015

Documents:

Solicitation:  SPE8ED15Q0573.PDFNo Attachments

Item/Tech Data/Purchase Request:

# NSN/Part No. NomenclatureTechnicalDocuments

Purchase RequestQTY

1 8145015305463 CONTAINER, REFRIGERA None 0059843504 Qty: 1

Policy Statements · Feedback

FAQ/Help  ·  Refs  ·  My Account  ·  Log In

REQUEST FOR QUOTATIONS THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

4. CERT.FOR NAT. DEF. UNDER BDSA REG. 2 AND/OR DMS REG. 1

5. ISSUED BY

7. DELIVERY

9. DESTINATION

10. PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5 ON OR

BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (See Continuation Sheets)

12. DISCOUNT FOR PROMPT PAYMENT

d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

14. SIGNATURE OF PERSON AUTHORIZED TO SIGN QUOTATION

16. SIGNER

AUTHORIZED FOR LOCAL REPRODUCTION Previous edition not useable

STANDARD FORM 18 (REV. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

SPE8ED-15-Q-0573

1. REQUEST NO.

2015 AUG 14

2. DATE ISSUED

W91RH252150349

3. REQUISITION/PURCHASE REQUEST NO.

DO-C9

RATING

DLA TROOP SUPPORT CONSTRUCTION & EQUIPMENT CONTAINERS 700 ROBBINS AVENUE PHILADELPHIA PA 19111-5096 USA Buyer: Joseph Persaud PEPCDBB Tel: 215-737-7133 Email: joseph.persaud@dla.mil

100 DAYS ADO 6. DELIVER BY (Date)

8. TO:

c. CITY

d. STATE

b. STREET ADDRESS

a. NAME OF CONSIGNEE

e. ZIP CODE

a. 10 CALENDAR DAYS (%)

b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%)

15. DATE OF QUOTATION

a. NAME (Type or Print)

AREA CODE

c. TITLE (Type or Print)d. CITY

c. COUNTY

b. STREET ADDRESS

e. STATE f. ZIP CODE

See Schedule

2015 AUG 20

NUMBER

FOB DESTINATIONOTHER (See Schedule)

CAGE

b. TELEPHONE

PAGE OF PAGES1 10

See attached schedule to complete quote information. Quoter must also complete the following: a. Quotation is valid for 90 days from date specified in Block 10 above unless otherwise indicated: _____________ . b. Prices quoted are: ___ Contained in Commercial Catalog or Published Price List No. ___________________ dated _______________ page __________ . ___ Contained in Internal Price List No. _______________dated ____________________, which may be examined at our facility. ___ Commercial sales of comparable quantities: Quantity ____________ ; Price _____________; ___ Customer ________________________. ___ Other (provide basis) ______________________________________ _______________________________________ . c. FOB Point: ____ Destination ____ Origin Shipping Point (City, State) _________________________________________ . d. If delivery period shown in Block 6 is unacceptable, provide best possible delivery: _________________________________. e. Remittance Address (Name, Street, City, State, ZIP): Same as Block 13 unless otherwise indicated below: ___________________________________________________ _________________________________________ ___________________________________________________ _________________________________________ ___________________________________________________ _________________________________________ ___________________________________________________ _________________________________________ f. Vendor FAX Number: ____________________ Vendor Toll-Free Number: ____________________ Vendor E-mail: ______________________________

CONTINUED ON NEXT PAGE

THE PURCHASE ORDER CLAUSES ARE APPLICABLE AS INDICATED IN THE DLA MASTER SOLICITATION FOR AUTOMATED SOLICITATIONS AND RESULTING AWARDS. REFERENCE THE LATEST PUBLISHED REVISION WHICH CAN BE FOUND ON THE WEB AT http://www.dla.mil/Acquisition/Pages/Automaster.aspx

PAGE 2 OF 10 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:SPE8ED-15-Q-0573

CONTINUED ON NEXT PAGE

SECTION B

SUPPLIES/SERVICES: 8145-01-530-5463 ITEM DESCRIPTION: CONTAINER,REFRIGERATION SESOLIINC MILITARY VEHICLE SHELTERS SAVANNAH GA WHEN THE PURCHASE ORDER TEXT (POT) DESCRIBES THE REQUIRED PRODUCT(S) BY NAME AND PART NUMBER OF A SPECIFIC ENTITY, BY THE NAMES AND PART NUMBERS OF A NUMBER OF SPECIFIC ENTITIES, OR BY THE NAME(S) AND PART NUMBER(S) OF SPECIFIC ENTITY/ENTITIES AS MODIFIED BY ADDITIONAL REQUIREMENTS SET FORTH IN THE POT ONLY THAT/THOSE PRODUCT(S) HAVE BEEN DETERMINED TO MEET THE NEEDS OF THE GOVERNMENT AND ARE ACCEPTABLE. SUCH PRODUCT(S) ARE EXACT PRODUCT(S) AS DEFINED IN DLAD 52.217-9002, CONDITIONS FOR EVALUATION AND ACCEPTANCE OF OFFERS FOR PART NUMBERED ITEMS. A VENDOR OFFER/QUOTATION, BID WITHOUT EXCEPTION, IS A CERTIFICATION THAT THE EXACT PRODUCT, MANUFACTURED AND/OR SUPPLIED BY ONE OF THE ENTITIES CITED IN THE POT WILL BE FURNISHED UNDER THE CONTRACT OR ORDER. ANY PRODUCT NOT MANUFACTURED AND/OR SUPPLIED BY ONE OF THE ENTITIES CITED IN THE POT IS AN ALTERNATE PRODUCT, EVEN THOUGH IT MIGHT BE MANUFACTURED IN ACCORDANCE WITH THE DRAWING(S) AND/OR SPECIFICATIONS OF ONE OF THE ENTITIES CITED IN THE POT. IF AN ALTERNATE PRODUCT IS FURNISHED UNDER A CONTRACT OR ORDER FOR AN EXACT PRODUCT, THE ALTERNATE PRODUCT WILL BE AN UNAUTHORIZED SUBSTITUTION, AND MAY YIELD CRIMINAL PENALTIES IN ADDITION TO ANY CIVIL REMEDIES AVAILABLE TO THE GOVERNMENT. ADEQUATE DATA FOR THE EVALUATION OF ALTERNATE OFFERS IS NOT AVAILABLE AT THE PROCUREMENT AGENCY.THE OFFEROR MUST PROVIDE A COMPLETE DATA PACKAGE INCLUDING DATA FOR THE APPROVED AND ALTERNATE PART FOR EVALUATION. SESOLINC GRP, INC. DBA 1CVY3 P/N 6610R500

PAGE 3 OF 10 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:SPE8ED-15-Q-0573

CONTINUED ON NEXT PAGE

SECTION B

SUPPLY/SERVICE: 8145-01-530-5463 CONT'D ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT . 0001 8145-01-530-5463 1.000 EA $ ________________ $ ________________ CONTAINER ,REFRIGERA PRICING TERMS: Firm Fixed Price QTY VARIANCE: PLUS 0% MINUS 0% INSPECTION POINT: DESTINATION ACCEPTANCE POINT: DESTINATION FOB: DESTINATION DELIVERY DATE: 100 DAYS ADO PREP FOR DELIVERY: PKGING DATA-QUP:001 SHALL BE PACKAGED STANDARD COMMERCIAL IN ACCORDANCE WITH ASTM D 3951. BULK BREAK POINT: W25N14 W1BG DLA DISTRIBUTION CONSOL AND CONTAINERIZATION POINT 2001 NORMANDY DR DOOR 135 168 NEW CUMBERLAND PA 17070-5002 US FOR TRANSPORTATION ASSISTANCE SEE DLAD 52.247-9034. FOR FIRST DESTINATION TRANSPORTATION (FDT) AWARDS SEE DLAD 52.247-9059 AND CONTRACT INSTRUCTIONS INSTEAD. FREIGHT SHIPPING ADDRESS: W91RH2 0000 HQ HQ ASG KUWAIT OEF AWCF SSF CAMP ARIFJAN KUWAIT CITY KW M/F:(TCN) W91RH252150349 RDD: 228 PROJ 9GF TP 1 SUP ADD W9046W SIG C FOR GOVERNMENT USE ONLY:IPD 02

PAGE 4 OF 10 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:SPE8ED-15-Q-0573

CONTINUED ON NEXT PAGE

SECTION B

SUPPLY/SERVICE: 8145-01-530-5463 CONT'D DIC A01 DIST V ADV FC Z9 GOVT USE External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date . 0001 0059843504 0001 N/A N/A N/A 08/07/2015 *****************************************************************************************

PAGE 5 OF 10 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:SPE8ED-15-Q-0573

CONTINUED ON NEXT PAGE

SECTION D - PACKAGING AND MARKING 52.211-9033 PACKAGING AND MARKING REQUIREMENTS (APR 2008) DLAD 52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) (FEB 2007) DLAD SECTION F - DELIVERIES OR PERFORMANCE 52.247-34 F.O.B. DESTINATION (NOV 1991) FAR SECTION I - CONTRACT CLAUSES 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 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS 252.204-7012 SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION (NOV 2013) DFARS 52.209-06 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR SUSPENSION (AUG 2013) FAR 52.211-9000 GOVERNMENT SURPLUS MATERIAL (AUG 2014) DLAD **** (c) With respect to the surplus material being offered, the Offeror represents that: (1) The material is new, unused, and not of such age or so deteriorated as to impair its usefulness or safety. Yes [ ] No [ ] The material conforms to the technical requirements cited in the solicitation (e.g., Commercial and Government Entity (CAGE) code and part number, specification, etc.). Yes [ ] No [ ] The material conforms to the revision letter/number, if any is cited. Yes [ ] No [ ] Unknown [ ] If no, the revision offered does not affect form, fit, function, or interface. Yes [ ] No [ ] Unknown [ ] The material was manufactured by: ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ (Name) (Address) (2) The Offeror currently possesses the material. Yes [ ] No [ ] If no, the Offeror must attach or forward to the Contracting Officer an explanation as to how the offered quantities will be secured. If yes, the Offeror purchased the material from a Government selling agency or other source. Yes [ ] No [ ] If yes, provide the information below:

Government Selling Agency

Contract Number

Contract Date (Month, Year)

Date Acquired

PAGE 6 OF 10 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:SPE8ED-15-Q-0573

CONTINUED ON NEXT PAGE

Other Source Address (Month, Year)

(3) The material has been altered or modified. Yes [ ] No [ ] If yes, the Offeror must attach or forward to the Contracting Officer a complete description of the alterations or modifications. (4) The material has been reconditioned. Yes [ ] No [ ] If yes, (i) the price offered includes the cost of reconditioning/refurbishment. Yes [ ] No [ ]; and (ii) the Offeror must attach or forward to the Contracting Officer a complete description of any work done or to be done, including the components to be replaced and the applicable rebuild standard. The material contains cure-dated components. Yes [ ] No [ ] If yes, the price includes replacement of cure-dated components. Yes [ ] No [ ] (5) The material has data plates attached. Yes [ ] No [ ] If yes, the Offeror must state below all information contained thereon, or forward a copy or facsimile of the data plate to the Contracting Officer. (6) The offered material is in its original package. Yes [ ] No [ ] (If yes, the Offeror has stated below all original markings and data cited on the package; or has attached or forwarded to the Contracting Officer a copy or facsimile of original package markings.)

Contract Number National Stock Number (NSN)

Commercial and Government Entity

(Cage) Code

Part Number Other Markings/Data

(7) The Offeror has supplied this same material (National Stock Number) to the Government before. Yes [ ] No [ ] If yes, (i) the material being offered is from the same original Government contract number as that provided previously. Yes [ ] No [ ]; and (ii) state below the Government Agency and contract number under which the material was previously provided: Agency Contract Number (8) The material is manufacturered in accordance with a specification or drawing. Yes [ ] No [ ] If yes, (i) the specification/drawing is in the possession of the Offeror. Yes [ ] No [ ]; and (ii) the Offeror has stated the applicable information below, or forwarded a copy or facsimile to the Contracting Officer. Yes [ ] No [ ] Specitication/Drawing

Number

Revision (if any)

Date

(9) The material has been inspected for correct part number and for absence of corrosion or any obvious defects. Yes [ ] No [ ] If yes, (i) Material has been re-preserved. Yes [ ] No [ ]; (ii) Material has been repackaged. Yes [ ] No [ ]; (iii) Percentage of material that has been inspected is ______% and/or number of items inspected is _____; and (iv) a written report was prepared. Yes [ ] No [ ] If yes, the Offeror has attached it or forwarded it to the Contracting Officer. Yes [ ] No [ ] (d) The Offeror agrees that in the event of award and notwithstanding the provisions of the solicitation, inspection and acceptance of the surplus material will be performed at source or destination subject to all applicable provisions for source or destination inspection.

PAGE 7 OF 10 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:SPE8ED-15-Q-0573

CONTINUED ON NEXT PAGE

(e) The Offeror has attached or forwarded to the Contracting Officer one of the following, to demonstrate that the material being offered was previously owned by the Government (Offeror check which one applies): [ ] For national or local sales, conducted by sealed bid, spot bid or auction methods, a solicitation/Invitation For Bid and corresponding DLA Distribution Services 1427, Notice of Award, Statement and Release Document. [ ] For DLA Distribution Services Commercial Venture (CV) Sales, the shipment receipt/delivery pass document and invoices/receipts used by the original purchaser to resell the material. [ ] For DLA Distribution Services Recycling Control Point (RCP) term sales, the statement of account or billing document. [ ] For property sold under the exchange or sale regulation, conducted by sealed bid, auction or retail methods, a solicitation/Invitation for Bid and corresponding DLA Distribution Services Form 1427. [ ] When the above documents are not available, or if they do not identify the specific NSN being acquired, a copy or facsimile of all original package markings and data, including NSN, Commercial and Government Entity (CAGE) code and part number, and original contract number. (This information has already been provided in paragraph (c)(6) of this clause. Yes [ ] No [ ]) [ ] When none of the above are available, other information to demonstrate that the offered material was previously owned by the Government. Describe and/or attach. _______________________________________________ _______________________________________________ _______________________________________________ **** 52.215-08 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997) FAR 52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2014) FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) FAR 52.222-26 EQUAL OPPORTUNITY (APR 2015) FAR 52.222-50 COMBATTING TRAFFICKING IN PERSONS (MAR 2015) FAR 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) FAR 52.223-9002 ANTI-STAIN TREATMENT (UNTREATED WOOD PRODUCTS) (SEP 2008) DLAD 52.232-25 PROMPT PAYMENT (JUL 2013) FAR 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS 52.233-03 PROTEST AFTER AWARD (AUG 1996) FAR 52.233-04 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) FAR 52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS (APR 2015) FAR 52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.dla.mil/Acquisition and http://farsite.hill.af.mil/ . (End of Clause) 52.253-01 COMPUTER GENERATED FORMS (JAN 1991) FAR 252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (JAN 2015) DFARS 252.225-7048 EXPORT CONTROLLED ITEMS (JUN 2013) DFARS

(a) Definition. “Export-controlled items,” as used in this clause, means items subject to the Export Administration Regulations (EAR) (15 CFR Parts 730-774) or the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130). The term includes:

(1) “Defense items,” defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related technical data, and further defined in the ITAR, 22 CFR Part 120.

PAGE 8 OF 10 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:SPE8ED-15-Q-0573

CONTINUED ON NEXT PAGE

(2) “Items,” defined in the EAR as “commodities”, “software”, and “technology,” terms that are also defined in the EAR, 15 CFR 772.1.

(b) The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, including, but not limited to, the requirement for contractors to register with the Department of State in accordance with the ITAR. The Contractor shall consult with the Department of State regarding any questions relating to compliance with the ITAR and shall consult with the Department of Commerce regarding any questions relating to compliance with the EAR. (c) The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is not established or limited by, the information provided by this clause. (d) Nothing in the terms of this contract adds, changes, supersedes, or waives any of the requirements of applicable Federal laws, Executive orders, and regulations, including but not limited to—

(1) The Export Administration Act of 1979, as amended (50 U.S.C. App. 2401, et seq.); (2) The Arms Export Control Act (22 U.S.C. 2751, et seq.); (3) The International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.); (4) The Export Administration Regulations (15 CFR Parts 730-774); (5) The International Traffic in Arms Regulations (22 CFR Parts 120-130); and (6) Executive Order 13222, as extended.

(e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts. (End of clause) SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS 252.209-7993 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW – FISCAL YEAR 2014 APPROPRIATIONS (FEB 2014) DFARS 252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL VIOLATION UNDER ANY FEDERAL OR STATE LAW (DEVIATION 2012-O0007) (MAR 2012) (a) In accordance with section 514 of Division H of the Consolidated Appropriations Act, 2012, none of the funds made available by that Act may be used to enter into a contract with any corporation that was convicted of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The Offeror represents that it is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal or State law within the preceding 24 months. (End of provision)

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012) (a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012,(Pub. L. 112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

PAGE 9 OF 10 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:SPE8ED-15-Q-0573

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) DFARS 52.233-9000 AGENCY PROTESTS (NOV 2011) DLAD 52.252-01 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) - FAR This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electron ically at this/these address(es): http://www.dla.mil/Acquisition and http://farsite.hil.af.mil/ . (End of Provision) SECTION M - EVALUATION FACTORS FOR AWARD 52.211-9011 BUSINESS SYSTEMS MODERNIZATION (BSM) DELIVERY TERMS AND EVALUATION (MAY 2006) DLAD

PAGE 10 OF 10 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:SPE8ED-15-Q-0573