FA4800-12-R-0001-00005.doc

Section SF 30 - BLOCK 14 CONTINUATION PAGE

PROPOSED QUEATION & RESPONSES

FA4800-12-R-0001 COCESS

Questions

1. We are in receipt of the documents in the package posted on FBO yesterday under the heading 'COCESS'. The solicitation documents are stamped "draft". Can you clarify if this is a draft or a released solicitation?

A. Document Updated

2. We are interested in bidding for Solicitation FA4800-12-R-0001. I had a quick question and wanted to see if there was a site visit on schedule before proposals are due? Any information would be appreciated.

A. A site visit was conducted on 21 Feb 2012 @ 9AM. (See page 48 of the solicitation)

3. We are interested in participating in the COCESS opportunity at Langley AFB. Regarding the NAICS Code 444130 that is called out for this COCESS solicitation, I am wondering if you would consider the Size Standard of 500 employees or will it be based on the $7 million Sales Volume as the Size Standard in order to participate?

A. The amended NAICS code will be 332510.

4. Would you consider NAICS codes of 423710 or 423840 for this solicitation?

A. The amended NAICS code will be 332510 (The NAICS code will be changed)

5. Any possibility of setting this solicitation aside for hub-zone or service disabled veterans?

A. The Air Force has established an acquisition strategy to compete this full and open.

6. Sir, can you please clarify the size standard for NAICS code 444130? The SBA website has the number listed as 500 employees for small business but the solicitation states $7 million dollars. Thank you for your assistance!

A. Size standard for NAICS code 332510 is 500 employees refer to the size standard table. (http://www.sba.gov/sites/default/files/Size_Standards_Table.pdf)

7. Page 3 of 52 of the Solicitation, Sections :Specifications, states;

SPECIFICATIONS

This will be a single award IDIQ contract based on clauses, terms, conditions and provisions as provided under this solicitation. The contract minimum guarantee is $25,000.00 (Applies to the base year only) and covers the life of the contract. The contract maximum award value is $8,000,000.00 (Applies to the base and all options) and covers the life of the contract.

The contract maximum award value is $8,000,000.00 that covers the life of the contract, which is one base year plus four option years. We are assuming that this number is derived from the CLIN 0001 referencing $1,353,000.00 annual estimated value of Non-Store Stock Sales and $263,800.00 annual estimated value of Store Stock Sales. Both figures are based on historical data from FY 09. Does the $8,000,000.00 maximum award amount consist of the value of the current Serv-Mart sales and the COCESS purchases? What are the historical sales figures for FY10 and FY11? $8,000,000.00 over the life of the contract seems to be underestimated and should be higher.

A. Contractor will use data provided in solicitation. See Attachment Titled: SOW Appendix 1-1, Historical Purchase Data

8. Page 3 of 52 of the Solicitation, CLIN0001 : Operate COCESS Store, states;

UNIT PRICING IS TO BE PROVIDED ON THE LIST OF ITEMS DESCRIBED IN EXHIBIT 1. PROPOSED UNIT PRICES WILL BE FIXED UNIT PRICES FOR THIS PERIOD OF PERFORMANCE ON THE CONTRACT.

Will these items have available to them an Economic Price Adjustment based on a quarterly or yearly schedule? As the solicitation now states, potential contractors for the COCESS contract would have to include a price contingency/buffer to account for the likelihood that the costs of materials will increase substantially over the course of the full five (5) year contract period. We respectfully submit that this is not in the Government’s best interests. The Government would be paying well above the Fair and Reasonable retail market price for these items during the initial period. If the commodity costs were to decrease in the five (5) year period, then the government would still be paying the higher Fixed Price as originally set at the beginning of the contract. This is in direct opposition to the intent of the Fair and Reasonable format as outlined in the Statement of Work. It further puts the contractor at an unreasonable risk since material prices cannot be predicted with a reasonable degree of certainty. Please see FAR 16.103(b), which provides “A firm-fixed price contract, which best utilizes the basic profit motive of business enterprise, shall be used when the risk involved is minimal or can be predicted with an acceptable degree of certainty.” (Emphasis added). In Four Star Maintenance Corp., B-240413, Nov. 2, 1990, 91-1 CPD ¶ 70, for example the GAO sustained a protest of the terms of an RFP where the requirement for fixed pricing would serve the Government’s interest only at unreasonable cost to both the contractor and Government, and impose unreasonable risk on the contractor.

Why is there not an economic price adjustment solution included within FA4800-12-R-0001?

We would suggest the following alternative to protect the government from excessive prices above the local area Fair and Reasonable retail prices.

Minot AFB, a Global Strike Command base, recently awarded, April 2011, a Fair and Reasonable contract for a COCESS Operation. The solicitation contained a Fixed Price list of 100 high-use and recurring items that are stocked in the on base store and are available for immediate issue/purchase. The solicitation also contained language that addressed the economic adjustment issue within CLIN 0001 Operate COCESS Store

ITEM NO SUPPLIES/SERVICES MAX QUANTITY UNIT UNIT PRICE MAX AMOUNT

0001 1 Each

Operate COCESS Store 5BW

FFP

The contractor shall provide all necessary labor, supervision, equipment, supplies, and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Minot Air Force Base from 1 Feb 11 - 30 Sep 11. See attachment one, the Statement of Work for details. The number of transactions varies according to seasonal changes, funding cycles, special events, deployment cycles, etc. The dollar figures listed below are given by the Government for contractor information only. $1,916,380.62 is annual estimated value of Non-Store Stock Sales. $151,493.36 is annual estimated value of Store Stock Sales. Both figures are based on historical data from FY 08. NOTE: Government is not liable if actual amounts exceed or do not exceed estimates provided from history listed above. THIS CLIN IS NOT SEPARATELY PRICED. UNIT PRICING FOR A REPRESENTATIVE SAMPLING OF HIGH-USE LOW-COST ITEMS AND LOW-USE HIGH-COST ITEMS IS TO BE PROVIDED ON THE LIST OF ITEMS DESCRIBED IN EXHIBIT ONE. PROPOSED UNIT PRICES WILL BE FIXED UNIT PRICES FOR THE PERIOD OF PERFORMANCE ON THE CONTRACT. THE FIXED PRICE LIST WILL BE REVISED AND RENEGOTIATED AS NECESSARY FOR EACH OPTION YEAR.

FOB: Destination

PURCHASE REQUEST NUMBER: F3C3LG8354A001

SIGNAL CODE: A

This format protects both the government and contractor against significant fluctuations in material costs by providing economic adjustments in this solicitation. Attached is the current COCESS format from Minot AFB, with annotations for the sections covering economic price adjustments, evaluating pricing, and pricing as defined by the Statement of Work. We respectfully requests that FA4608-11-R-0017 Barksdale AFB COCESS solicitation be modified to the Fair and Reasonable COCESS Format that Minot AFB is currently operating under. To further protect both the government and contractor against significant fluctuations in material costs by providing economic adjustments in this solicitation, FAR 52.216-5 Price Redetermination-Prospective should be included within the solicitation.

A. There will be no Economic Price Adjustment allowed.

9. Page 4 of 52 of the Solicitation, CLIN0003 : Operate COCESS Store, states;

There will be no additional delivery cost to the government for any items procured within an 80 mile radius. For items procured between 0 - 80 miles the contractor will be reimbursed based on the current Joint Travel Regulation government mileage rate at the time of pickup.

Will the contractors submitting proposals insert pricing into this CLIN? The pricing of the CLIN is based on the current Joint Travel Regulation government mileage rate at the time of pickup and will fluctuate over the contract life.

A. See section 1.10.4 (IMMEDIATE PICKUP AND DELIVERY OF ITEMS of the SOW. Page 12)

10. Attachment 3, WD 2005-2543 Rev 13. Wage Determination Schedule;

Attachment 3, Wage Determination Schedule has been included in the solicitation. Was this included in error? The Wage Determination Schedule is usually included in all Service Contracts. The Service Contract Act, FAR 22.1003-1, is not included in the FAR’s incorporated by list or reference. COCESS contracts have historically been commodity/requirement contracts for MRO supplies utilized by the Civil Engineers of the Air Force and are not Service contracts. In May 2007, Air Force Labor Advisors Office (SAF/AQCK) published a Desktop Guide (attached AFD-080711-078.doc) on the Service Contract Act defining what contracts the Service Contract Act are applicable to.

Excerpt from page one of May, 2007 Air Force Labor Advisors Office (SAF/AQCK) Desktop Guide on the Service Contract Act:

APPLICATION OF THE SERVICE CONTRACT ACT (COVERAGE)

Application The Service Contract Act (SCA) applies to all Federal contracts, “…the principal purpose of which is to furnish services in the United States through the use of service employees” (FAR 22.1003-1). SCA applies only when all of these criteria are met. Review statutory and administrative exemptions only if the contract first meets these coverage criteria.

Principal Purpose Is the principal purpose of the contract services? If yes, SCA may apply. If the contract is mainly for construction or supplies then SCA does not apply. Services involve time and effort performing a service, as opposed to furnishing an end product. SCA covers most maintenance and repair of equipment and machinery, including aircraft systems and motor vehicles, but does not cover major overhaul of aircraft or aircraft engines (See FAR 22.1003-6).

A. People will physically work and maintain the store. Contract unit price will not be paid on hourly rates.

11. Page 5 of 36 of the Statement of Work, Section 1.5.1.20 ;

Section 1.5.1.20 is a required function of the WEB-BASED/INTERNET ON-LINE AUTOMATED ORDERING AND PURCHASING SYSTEM.

1.5.1.20 Ability to provide the government the actual price paid by the contractor backed up by actual vendor invoices (reference paragraph 1.12.3 – Invoicing). (Relates to performance objectives #5 and #6)

Why does the contractor need to provide the actual price paid by the contractor if this is a Fair and Reasonable contract based on local market prices?

A. The government needs to be able to confirm they are getting a fair and reasonable price for items procured within an 80 mile radius. .

12. Is the overhead and profit for the successful bidder on this contract based on the markup over our cost that we will put on the products sold through the store?

A. Yes

13. Are we required to collect sales taxes from the government for items sold through the COCESS? In other words, we are to provide you an end price to the government - does that include OK sales tax? Is the government charged sales tax on base? I miss-typed. I meant sales tax in VA

A. Government doesn’t pay sales tax. Contractor will not charge sales tax for items sold to federal entities.

14. Page 3 of 51 of the solicitation, under SPECIFICATIONS, indicates that an IDIQ maximum award value for the life of the contract will be $8 Million. As this contract covers five years, this implies a contract cap of $1.6 Million per year. As a COCESS contractor on five separate installations, we suggest to you that such a figure is far below the usual requirements of the civil engineering squadron at most USAF installations. Can you provide totals for actual requirements for the Civil Engineering Squadron over the past several years, which presumably would have been spent through the COCESS if such a contract vehicle had been in place?

A. Contractor will use data provided in solicitation. See Attachment Titled: SOW Appendix 1-1, Historical Purchase Data

15. Paragraph 1.5.1.20 of the SOW requires the contractor's website/computer system to "provide the government actual price paid by the contractor backed up by actual vendor invoices."

We first suggest that the actual price paid by the contractor to its vendors for supplied a product is irrelevant, if the contractor meets the requirements of paragraph 5.13.

We also suggest that requiring a contractor's website to provide such functionality would require massive programming and data storage requirements. We request that this paragraph be deleted from the SOW.

A. The Government has considered this request however we will keep this paragraph in place as is.

16. Attachment 3 of the solicitation is a Wage Determination schedule. The Service Contract Act is not included in this solicitation. As COCESS is a supply/requirements type contract, we suggest that incorporation of a wage determination is not appropriate. We request that this Wage Determination be removed from the solicitation.

A. People will physically work in and maintain the store. The contract unit price will not be paid on hourly rates.

17. In regards to the CLIN “Mileage for Non-Local Item Pickups”, there seems to be some conflicting language. There will be no additional delivery cost to the government for any items procured within an 80 mile radius. For items procured between 0-80 miles the contractor will be reimbursed based on the current Joint Travel Regulation government mileage rate at the time of pickup. Is there or isn’t there mileage reimbursement for items procured within an 80 mile radius?

A. See section 1.10.4 (IMMEDIATE PICKUP AND DELIVERY OF ITEMS of the SOW. Page 12)

18. In the SOW 4.3.5 it mentions “Self Help Store Tools”. The CLIN “Self Help Store Tools” states that the CLIN is reserved and will not be used. Can you explain this more? Would the contract holder be required to provide tools for rent? If so, where do we find a list of what types of tools are required?

A. The strategy does not encompass maintaining tools for rental.

19. On page 50 (evaluation of the web based system), the RFP states; the offeror’s web-based purchasing system clearly demonstrates the ability to provide the government the actual price paid by the contractor. Can you explain this some more? Are we supposed to provide the price that we paid to our suppliers? If so, would each item list a “price paid” and a “for sale price”?

A. The government needs to be able to confirm we are receiving a fair and reasonable price for items procured.

20. Is Exhibit 1 (Historical Store Stock High-use Item Listing) to be priced as part of this RFP? If so, will a Bid form be provided?

A. See attachment titled: COCESS RFP Bid Schedule (bid form)

21. If Exhibit 1 is being priced, Please clarify item “Throw Member 7-Pin / Best / B5400” B5400 is not an accurate Best product number – please clarify at a minimum which lockset the throw member belongs to – 8K or 9K

A Product number identified was incorrect. Correct number is B54200.

22. In the SOW 1.3.14 it states provide an on-base Self-help store/area servicing base facility manager and/or family housing occupants and other authorized government personnel. The signage on the physical COCESS says Self Help / Serv-Mart. Are the two terms interchangeable or do they each refer to different functions?

A. The physical name on the building will not be changed.

23. Based on SOW 1.3.14, I read it to mean that in addition to CE personnel, there are other individuals that have access to the store. Does the term Self Help refer to non-CE personnel? Can you define these two terms further?

A. Serv-Mart will provide service to base facility managers and authorized government personnel. CE Forces will have work orders. Facility Managers will be on an approved list. Everyone else fall under the category of regular customer.

24. In the SOW 1.3.15.2 it states that an easy system/method to identify Self-Help (S/H) store merchandise for authorized base S/H personnel. This may be accomplished by color coding and/or using the bar coding system to flag products specifically for use by the S/H customer. Does this mean that there are different items being used by different groups of people? Is it correct to say that some items are for CE?

A. Serv-Mart will provide service to base facility managers and authorized government personnel. CE Forces will have work orders. Facility Managers will be on an approved list. Everyone else fall under the category of regular customer.

25. CC Distributors has a question/comment regarding FA4800-12-R-0001 COCESS for Langley AFB. A statement was posted this morning on FBO.gov, 24 February 2012, changing the set-aside form Small business to Unrestricted. Will an Amendment be posted reflecting the set-aside status?

Did the NAICS code also change? Due to recent changes to the Small Business Administration Size Tables, NAICS 444130 is not applicable to this solicitation.

Sector 44-45 – Retail Trade states that these NAICS codes will not be used to classify Government acquisitions for supplies. Instead a manufacturing NAICS code shall be used to classify acquisitions of supplies.

In recent COCESS solicitations and awards the NAICS code has been set to 332510 with a Size Standard of 500 employees. It has also been issued as Unrestricted.

A. The amended NAICS code will be 332510.

26. Can you please clarify and provide an example of what is required for CLIN 0001? Specifically the text:

THIS CLIN IS NOT SEPARATELY PRICED. UNIT PRICING IS TO BE PROVIDED ON THE LIST OF ITEMS DESCRIBED IN EXHIBIT 1. PROPOSED UNIT PRICES WILL BE FIXED UNIT PRICES FOR THIS PERIOD OF PERFORMANCE ON THE CONTRACT.

Are contractors to figure a monthly fee and indicate that on page 3 of the solicitation or is the cost to be incorporated into the price list? An example of what you are looking for would be greatly appreciated. Please advise.

A. Total of the unit prices.

B. There are no monthly fees.

27. On the solicitation 1449 page 3 of 52, CLIN 0001. In the UNIT PRICE block that we will fill in, is the customer wanting to know our reimbursable cost per month that we will offer, or are is the customer looking for the cumulative product price we are offering on the attachment to RFP “COCESS RFP Bid Schedule 18JAN12.xlsx”, under the “TOTAL PRICE BASE YEAR BLOCK”?

A. This acquisition is not a cost contract

28. In addition, the contract bid schedule indicates pricing for one (1) annual maintenance and four (4) quarterly maintenance. If the requirements and schedule in paragraph 4.1.3 pertain, should the quarterly maintenance quantity be changed to three (3)?

A. This acquisition requires no maintenance.

29. There is one item which your office should review that has not been addressed within the amendments. The NAICS code for the requirement is listed as 444130. The size standard for 444130 is 500 employees (per the SBA website). I am bringing this to your attention because the form 1449 has the size standard listed as $7.0 dollars. This makes a difference on whether a firm is required to file a small business subcontracting plan with its technical offer. Could you please amend the solicitation to state 500 employees? This will avoid confusion as to whether a small business subcontracting plan is required from small businesses that have over $7 million dollars in annual revenue.

A. The amended NAICS code will be 332510.

30. Will the contractor have to maintain to in accordance with CLIN #2 of the solicitation.

A. The Serv-Mart will not maintain tools for rental.

CLIN #2 will be reserved

31. On page 50 (evaluation of the web based system), the RFP states; the offeror’s web-based purchasing system clearly demonstrates the ability to provide the government the actual price paid by the contractor. Can you explain this some more? Are the contractors supposed to provide the price that they paid to their suppliers? If so, would each item list a “price paid” and a “for sale price”?

A. The government needs to be able to confirm we are receiving a fair and reasonable price for items procured.

32. There was a question proposed on paragraph 4.1.3 of the PBWS.

A. That paragraph does not exist in the PBWS.

Section SF 1449 - CONTINUATION SHEET

Operate COCESS Store

The contractor shall provide all necessary labor, supervision, equipment, supplies, and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Langley AFB, VA. See Attachment 1, Statement of Work (SOW), for details. The number of transactions varies according to seasonal changes, funding cycles, special events, deployment cycles, etc. The dollar figures listed below are given by the Government for contractor information only. $1,353,000.00 is the annual estimated value of Non-Store Stock Sales. $263,800.00 is the annual estimated value of Store Stock Sales. Both figures are based on historical data from FY 09. NOTE: Government is not liable if actual amounts exceed or do not exceed estimates provided from history listed above.

THIS CLIN IS NOT SEPARATELY PRICED. UNIT PRICING IS TO BE PROVIDED ON THE LIST OF ITEMS DESCRIBED IN EXHIBIT 1. PROPOSED UNIT PRICES WILL BE FIXED UNIT PRICES FOR THIS PERIOD OF PERFORMANCE ON THE CONTRACT.

FOB: Destination

SIGNAL CODE: A

MAX

NET AMT

(RESERVED)

This CLIN is RESERVED and will not be used.

MAX

Mileage for Non-Local Item Pickups

Base Period, 01Apr 12 - 30 Mar 13

See Sections 1.10.4 and 1.12.4 of the SOW.

There will be no additional delivery cost to the government for any items procured within a 80 mile radius. For items procured between 0 - 80 miles the contractor will be reimbursed based on the current Joint Travel Regulation government mileage rate at the time of pickup.

MAX

Standby/Emergency Support

Standby/emergency support. See Section 4.3.1 of the SOW.

MAX

Reports

The contractor shall provide all necessary labor, supervision, equipment, supplies, and materials to provide reports in accordance with Section 1.11 of the SOW.

MAX

FFP

The contractor shall provide all necessary labor, supervision, equipment, supplies, and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Langley AFB, VA. See Attachment 1, Statement of Work (SOW), for details. The number of transactions varies according to seasonal changes, funding cycles, special events, deployment cycles, etc. The dollar figures listed below are given by the Government for contractor information only. $1,353,000.00 is the annual estimated value of Non-Store Stock Sales. $263,800.00 is the annual estimated value of Store Stock Sales. Both figures are based on historical data from FY 09. NOTE: Government is not liable if actual amounts exceed or do not exceed estimates provided from history listed above.

THIS CLIN IS NOT SEPARATELY PRICED. UNIT PRICING IS TO BE PROVIDED ON THE LIST OF ITEMS DESCRIBED IN EXHIBIT 1. PROPOSED UNIT PRICES WILL BE FIXED UNIT PRICES FOR THIS PERIOD OF PERFORMANCE ON THE CONTRACT.

MAX

FFP

This CLIN is RESERVED and will not be used.

MAX

FFP

Option Period 01Apr 13 - 30 Mar 14

See Sections 1.10.4 and 1.12.4 of the PWS.

There will be no additional delivery cost to the government for any items procured within a 80 mile radius. For items procured between 0 - 80 miles the contractor will be reimbursed based on the current Joint Travel Regulation government mileage rate at the time of pickup.

MAX

FFP

Standby/emergency support. See Section 4.3.1 of the SOW

MAX

FFP

The contractor shall provide all necessary labor, supervision, equipment, supplies, and materials to provide reports in accordance with Section 1.11 of the SOW.

MAX

FFP

The contractor shall provide all necessary labor, supervision, equipment, supplies, and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Langley AFB, VA. See Attachment 1, Statement of Work (SOW), for details. The number of transactions varies according to seasonal changes, funding cycles, special events, deployment cycles, etc. The dollar figures listed below are given by the Government for contractor information only. $1,353,000.00 is the annual estimated value of Non-Store Stock Sales. $263,800.00 is the annual estimated value of Store Stock Sales. Both figures are based on historical data from FY 09. NOTE: Government is not liable if actual amounts exceed or do not exceed estimates provided from history listed above.

THIS CLIN IS NOT SEPARATELY PRICED. UNIT PRICING IS TO BE PROVIDED ON THE LIST OF ITEMS DESCRIBED IN EXHIBIT 1. PROPOSED UNIT PRICES WILL BE FIXED UNIT PRICES FOR THIS PERIOD OF PERFORMANCE ON THE CONTRACT.

MAX

FFP

This CLIN is RESERVED and will not be used.

MAX

FFP

Option Period 01Apr 14 - 30 Mar 15

See Sections 1.10.4 and 1.12.4 of the SOW.

There will be no additional delivery cost to the government for any items procured within a 80 mile radius. For items procured between 0 - 80 miles the contractor will be reimbursed based on the current Joint Travel Regulation government mileage rate at the time of pickup.

MAX

FFP

Standby/emergency support. See Section 4.3.1 of the SOW

MAX

FFP

The contractor shall provide all necessary labor, supervision, equipment, supplies, and materials to provide reports in accordance with Section 1.11 of the SOW.

MAX

FFP

The contractor shall provide all necessary labor, supervision, equipment, supplies, and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Langley AFB, VA. See Attachment 1, Statement of Work (SOW), for details. The number of transactions varies according to seasonal changes, funding cycles, special events, deployment cycles, etc. The dollar figures listed below are given by the Government for contractor information only. $1,353,000.00 is the annual estimated value of Non-Store Stock Sales. $263,800.00 is the annual estimated value of Store Stock Sales. Both figures are based on historical data from FY 09. NOTE: Government is not liable if actual amounts exceed or do not exceed estimates provided from history listed above.

THIS CLIN IS NOT SEPARATELY PRICED. UNIT PRICING IS TO BE PROVIDED ON THE LIST OF ITEMS DESCRIBED IN EXHIBIT 1. PROPOSED UNIT PRICES WILL BE FIXED UNIT PRICES FOR THIS PERIOD OF PERFORMANCE ON THE CONTRACT.

MAX

FFP

This CLIN is RESERVED and will not be used.

MAX

FFP

Base Period, 01Apr 12 - 30 Mar 13

See Sections 1.10.4 and 1.12.4 of the SOW.

There will be no additional delivery cost to the government for any items procured within a 80 mile radius. For items procured between 0 - 80 miles the contractor will be reimbursed based on the current Joint Travel Regulation government mileage rate at the time of pickup.

MAX

FFP

Standby/emergency support. See Section 4.3.1 of the SOW.

MAX

FFP

The contractor shall provide all necessary labor, supervision, equipment, supplies, and materials to provide reports in accordance with Section 1.11 of the SOW.

MAX

FFP

The contractor shall provide all necessary labor, supervision, equipment, supplies, and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Langley AFB, VA. See Attachment 1, Statement of Work (SOW), for details. The number of transactions varies according to seasonal changes, funding cycles, special events, deployment cycles, etc. The dollar figures listed below are given by the Government for contractor information only. $1,353,000.00 is the annual estimated value of Non-Store Stock Sales. $263,800.00 is the annual estimated value of Store Stock Sales. Both figures are based on historical data from FY 09. NOTE: Government is not liable if actual amounts exceed or do not exceed estimates provided from history listed above.

THIS CLIN IS NOT SEPARATELY PRICED. UNIT PRICING IS TO BE PROVIDED ON THE LIST OF ITEMS DESCRIBED IN EXHIBIT 1. PROPOSED UNIT PRICES WILL BE FIXED UNIT PRICES FOR THIS PERIOD OF PERFORMANCE ON THE CONTRACT.

MAX

FFP

This CLIN is RESERVED and will not be used.

MAX

FFP

Base Period, 01Apr 12 - 30 Mar 13

See Sections 1.10.4 and 1.12.4 of the SOW.

There will be no additional delivery cost to the government for any items procured within a 80 mile radius. For items procured between 0 - 80 miles the contractor will be reimbursed based on the current Joint Travel Regulation government mileage rate at the time of pickup.

MAX

FFP

Standby/emergency support. See Section 4.3.1 of the SOW.

MAX

FFP

The contractor shall provide all necessary labor, supervision, equipment, supplies, and materials to provide reports in accordance with Section 1.11 of the SOW.

MAX

SPECIFICATIONS

This will be a single award IDIQ contract based on clauses, terms, conditions and provisions as provided under this solicitation. The contract minimum guarantee is $25,000.00 (Applies to the base year only) and covers the life of the contract. The contract maximum award value is $8,000,000.00 (Applies to the base and all options) and covers the life of the contract.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-MAY-2013

PATRICK E SMITH

37 SWEENEY BLVD RM 148

LANGLEY AFB VA 23665

(757) 764-2729

F2Q366

31-MAY-2013

PATRICK E SMITH

37 SWEENEY BLVD RM 148

LANGLEY AFB VA 23665

(757) 764-2729

F2Q366

31-MAY-2013

F2Q366

31-MAY-2013

F2Q366

31-MAY-2014

F2Q366

31-MAY-2014

PATRICK E SMITH

37 SWEENEY BLVD RM 148

LANGLEY AFB VA 23665

(757) 764-2729

F2Q366

31-MAY-2014

F2Q366

31-MAY-2014

F2Q366

31-MAY-2015

F2Q366

31-MAY-2015

PATRICK E SMITH

37 SWEENEY BLVD RM 148

LANGLEY AFB VA 23665

(757) 764-2729

F2Q366

31-MAY-2015

F2Q366

31-MAY-2015

F2Q366

31-MAY-2016

F2Q366

31-MAY-2016

PATRICK E SMITH

37 SWEENEY BLVD RM 148

LANGLEY AFB VA 23665

(757) 764-2729

F2Q366

31-MAY-2016

F2Q366

31-MAY-2016

F2Q366

31-MAY-2017

F2Q366

31-MAY-2017

PATRICK E SMITH

37 SWEENEY BLVD RM 148

LANGLEY AFB VA 23665

(757) 764-2729

F2Q366

31-MAY-2017

F2Q366

31-MAY-2017

F2Q366

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.203-7 Anti-Kickback Procedures. (OCT 2010)

(a) Definitions.

"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

"Prime Contractor," as used in this clause, means a person who has entered into a prime contract with the United States.

"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from -

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice.

(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.

(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold, from sums owed a subcontractor under the prime contract, the amount of any kickback. The Contracting Officer may order the monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.

(5) The Contractor agrees to incorporate the substance of this clause, including this subparagraph (c)(5) but excepting subparagraph (c)(1), in all subcontracts under this contract which exceed $150,000.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2009)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

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

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"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.

Inverted domestic corporation means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 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 Federal Supply Classes (FSC) 1000-9999, except--

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

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.

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" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) 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 veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201).

(Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of…