RFP_H0115-R-0005_6-8-15.pdf

MARINE CORPS COMMUNITY SERVICES

SOLICITATION, OFFER, AND AWARD (Nonappropriated Funds)

This is a negotiated Request for Procurement (RFP).

Award will be made on this form or by other official written notice.

1. Solicitation No.

H0115-R-0005

2. Date Issued.

08 June 2015

3. Contract No. 4. Type of Product/Service

Fuel Dispensers

5. ISSUED BY/ADDRESS OFFER TO

Headquarters, U.S. Marine Corps NAF Business and Support Services Division (MR) Procurement Branch (MRB) 3044 Caitlin Avenue Quantico, VA 22134-5099

6. ADMINISTRATION OFFICE ADDRESS (if other than Block 5)

Jamie Fullinwider Phone: (703) 784-3804 Email: fullinwiderjl@usmc-mccs.org

SOLICITATION

7. Following the instructions in Section L, send sealed offers for receipt no later than _SEE Provision L.15_______________________. All offers are subject to the following:

a. The attached Solicitation instructions and Conditions. Receipt of Questions by: 22 June 2015

b. The Contract Clauses, which are attached or incorporated herein by reference. Receipt of Proposal by: 10 July 2015 by (per provision L.15)

c. The attached Schedule.

d. Such other provisions, representations, certifications, and specifications as are attached or incorporated herein by reference. (Attachments are listed in the Schedule.)

FOR INFORMATION CALL _Jamie Fullinwider________________, CONTRACT SPECIALIST, AT _(703) 784-3804__________________ (No collect calls):

8. The Sections marked with an "X" are incorporated.

(x) SEC DESCRIPTION PAGE(S) (X) SEC DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 15-27

x B PRICE AND FEE SCHEDULE 2- 3 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

x C STATEMENT OF WORK 4-5 x J LIST OF ATTACHMENTS 28 x D PACKAGING AND MARKING 6 PART IV - REPRESENTATIONS AND INSTRUCTIONS x E INSPECTION AND ACCEPTANCE 7-8 x K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

29-30 x F DELIVERABLES OR PERFORMANCE 9 x G CONTRACT ADMINISTRATION DATA 10-11 x L INSTR., CONDS., AND NOTICES TO

OFFERORS

31-34 x H SPECIAL CONTRACT REQUIREMENTS 12-17 x M EVALUATION FACTORS FOR AWARD 35-36

OFFER

9. The offeror agrees, if awarded all or part of the items and/or services solicited, to furnish them according to the price(s)/fee(s), terms and conditions contained in the solicitation and proposal. This proposal will be valid until __60____ calendar days (60 calendar days unless a different period is entered by offeror) after the date for receipt of proposals established above.

10. ACKNOWLEDGMENT OF AMENDMENTS. The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated.

Amendment No. Date Amendment No. Date

11. OFFEROR'S NAME & ADDRESS (Street, City, State, & ZIP Code) (Include Telephone and FAX Numbers)

If remittance address is different than above, check the space __________ and enter such address in Section B of the Schedule.

12. PRINTED OR TYPED NAME AND TITLE OF PERSON AUTHORIZED TO

SIGN OFFER

13. SIGNATURE

14. DATE

AWARD (To be completed by Contracting Activity)

15. ACCEPTED AS TO ITEMS NUMBERED

16. AMOUNT

17. ADMINISTERED BY (If other than Block 5).

18. SUBMIT INVOICES (4 copies unless otherwise specified) TO ADDRESS

SHOWN IN BLOCK

20. PAYMENT WILL BE MADE BY

19. ACCOUNTING DATA

21. NAME AND SIGNATURE OF CONTRACTING OFFICER 22. AWARD DATE

MR FORM 319 (APR 00)

RFP No. H0115-R-0005

SECTION B - PRICE SCHEDULE (Nonappropriated Funds)

B-1 A description of the products and services to be furnished, the specifications, the time and place of delivery, and any other terms and conditions applicable to this contract, are set forth below, or attached hereto.

B-2 This is a Firm-Fixed Price Requirements Contract. The Contractor shall enter below firm-fixed prices (including shipping) as detailed herein and as further defined by any subsequent delivery orders that may be placed against this Requirements Contract. The NAF Business and Support Services Division (MR), Headquarters, United States Marine Corps, reserves the right to buy additional items at negotiated contracted prices over the life of the contract award.

B-3 Delivery orders will be placed upon Section B pricing as required.

B-3.1. Base Year of Service. Starts on the date of contract award through one calendar year.

CLIN 001 Description Price

001A Fuel Dispenser – Gilbarco Encore 700S (See C-3.2 for Description), for Continental United States

001B Fuel Dispenser – Dresser Wayne Ovation2 (See C-3.2 for Description), for Continental United States

001C Fuel Dispenser – Gilbarco Encore 700S (See C-3.2 for Description), for outside the Continental United States

001D Fuel Dispenser – Dresser Wayne Ovation2 (See C-3.2 for Description), for outside the Continental United States

B-4 OPTION YEARS. This Requirements Contract is for one year but may be renewed for four one-year renewal options that may be renewed either separately or a combination thereof not to exceed four (4) Option Years or a total of five (5) contract years and three (3) months, at the option of the Contracting Officer as set forth in Paragraph G-2.

B-4.1. First Option Year of Service. Commences on the expiration date of the base year for one calendar year, if exercised.

CLIN 002 Description Price

002A Fuel Dispenser – Gilbarco Encore 700S (See C-3.2 for Description), for Continental United States

002B Fuel Dispenser – Dresser Wayne Ovation2 (See C-3.2 for Description), for Continental United States

003C Fuel Dispenser – Gilbarco Encore 700S (See C-3.2 for Description), for outside the Continental United States

003D Fuel Dispenser – Dresser Wayne Ovation2 (See C-3.2 for Description), for

B-4.2. Second Option Year of Service. Commences on the expiration date of the first option year for one calendar year, if exercised.

CLIN 003 Description Price

003A Fuel Dispenser – Gilbarco Encore 700S (See C-3.2 for Description), for Continental United States

003B Fuel Dispenser – Dresser Wayne Ovation2 (See C-3.2 for Description), for Continental United States

003C Fuel Dispenser – Gilbarco Encore 700S (See C-3.2 for Description), for outside the Continental United States

003D Fuel Dispenser – Dresser Wayne Ovation2 (See C-3.2 for Description), for $

B-4.3. Third Option Year of Service. Commences on the expiration date of the second option year for one

CLIN 004 Description Price

004A Fuel Dispenser – Gilbarco Encore 700S (See C-3.2 for Description), for Continental United States

004B Fuel Dispenser – Dresser Wayne Ovation2 (See C-3.2 for Description), for Continental United States

004C Fuel Dispenser – Gilbarco Encore 700S (See C-3.2 for Description), for outside the Continental United States

004D Fuel Dispenser – Dresser Wayne Ovation2 (See C-3.2 for Description), for

B-4.4. Fourth Option Year of Service. Commences on the expiration date of the third option year for one

CLIN 005 Description Price

005A Fuel Dispenser – Gilbarco Encore 700S (See C-3.2 for Description), for Continental United States

005B Fuel Dispenser – Dresser Wayne Ovation2 (See C-3.2 for Description), for Continental United States

005C Fuel Dispenser – Gilbarco Encore 700S (See C-3.2 for Description), for outside the Continental United States

005D Fuel Dispenser – Dresser Wayne Ovation2 (See C-3.2 for Description), for

B-5 PROMPT PAYMENT DISCOUNT. The Contractor shall enter below the prompt payment discount that will be allowed to MR in the event that MR meets the terms of the Contractor’s discount. The preferred payment method of invoice

CLIN DESCRIPTION OF ITEM DISCOUNT PERIOD DISCOUNT RATE

Prompt Payment Discount

B-6 CONTRACTOR’S INFORMATION.

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

C-1 OBJECTIVE Marine Corps Community Services (MCCS) Headquarters, United States Marine Corps, NAF Business and Support Services Division(MR), Quantico, VA hereinafter collectively referred to as MCCS has the requirement to purchase Triple Data Encryption Standard (TDES) Purchase Card Industry (PCI) compliant fuel dispensers for its forty-five fueling sites aboard fourteen MCCS installations.

C-2 BACKGROUND. MR, under the staff cognizance of the Deputy Chief of Staff for Manpower and Reserve Affairs, is the resourcing and policy headquarters for MCCS. MR management philosophy provides for a consolidated, yet decentralized system. The administration, management and operation of local MCCS activities are the responsibility of each Installation Commander. MCCS provides commanders with an integrated organization for the development and delivery of Quality of Life programs and services. MCCS operates exchange, hospitality, and patron service businesses; fitness, recreation, and leisure time activities;

and individual and family information, education, and prevention programs. MR and MCCS focus on assuring Marines, their families, and other authorized patrons access to high quality services and programs wherever they are assigned.

C-2.1 MCCS activities are operated on Marine Corps installations on the east and west coasts of the United States; Hawaii; and Japan. Reference the website: http://www.usmc-mccs.org for further information regarding MCCS activities and locations.

C-2.2 MCCS activities are Nonappropriated Fund Instrumentalities of the Federal government, and are therefore subject to directives issued by the Department of Defense, the Secretary of the Navy, and the Commandant of the Marine Corps. The MCCS system generates over one billion in sales per year from a wide variety of business operations. Earnings from its major revenue generators are used to help fund non-revenue generating MCCS programs. Additional information is available at www.usmc-mccs.org.

C-2.3 MCCS has 39 fueling sites (218 dispensers) with 27 of the sites (150 dispensers) integrated into our Propriety Point of Sale (NCR’s Advanced Store 5.5) system using a third party fuel application (AJB’s Petrolane) via an interface (Allied’s NexGen). There are also 11 additional sites (66 dispensers) that are not integrated. One site (Camp Smith – 2 dispensers) is inactive.

C-2.4 MCCS currently uses Veeder-Root TLS 350-450 and INCON 550-5000 Automatic Tank Gauge (ATG) monitors. Currently each command is responsible for any maintenance or ordering of fuel equipment (hardware and software) thru a third party which includes installation, calibration, testing and disposal.

C-2.5 MCCS fuel stations are divided into three (3) areas:

East Coast: Camp Lejeune (9 sites; 2 sites with cash acceptors), South Carolina (3 sites), Albany (1 site) with cash acceptors, Elmore (1 site), Cherry Point (3 sites) and Quantico (1 site).

West Coast: Camp Pendleton (8 sites), MCRD San Diego (1 site), Yuma (1 site), Miramar (3 sites), 29 Palms (2 sites) with cash acceptors, and Barstow (1 site).

Pacific: Hawaii (4 sites) and Iwakuni Japan (1 site)

C-3 REQUIREMENT. The Contractor shall provide fuel dispensers in the quantity and to the locations as identified in delivery orders placed against this contract, as required. Requirement is for fuel dispenser and delivery only. Contractor is not responsible for installation of new dispensers or removal of old fuel dispensers.

C-3.1. The fuel dispensers are intended to replace older units at all MCCS locations. MCCS currently uses three types of fuel dispensers: Gilbarco Encore 500/700S, Bennett Pacific series and Dresser Wayne Vista/Ovation. MCCS will develop consistency across the Marine Corps by replacing end of lifecycle units with a single uniform dispenser. The following two dispensers will be considered based off the evaluation criteria presented at Section L and Section M.

http://www.usmc-mccs.org/

C-3.2 Fuel Dispenser Description.

a. Gilbarco Encore 700S (Dispenser) with MCCS branded graphics, compatible with a NeXGen forecourt controller, and the following list of options.

1. 3+0 Blenders

2. 3+1 Blenders NL1 (with diesel)

3. Intercom Speakers

4. Intercom Call Button

5. Totalizer per inlet

6. Hybrid Chip and Card Reader

7. Contactless card reader/NFC Reader

b. Dresser Wayne Ovation2 (Dispenser) with MCCS branded graphics, compatible with a NeXGen forecourt controller, and the following list of options.

1. 3+0 Blenders

2. 3+1 Blenders NL1 (with diesel)

3. Intercom Speakers

4. Intercom Call Button

5. Totalizer per inlet

6. Hybrid Chip and Card Reader

7. Contactless card reader/NFC Reader

C-4 BRANDED GRAPHICS. The Contractor shall provide custom branding for fuel dispensers to include images and logos provided by MCCS. The Contractor shall provide bezel graphics constructed of thick polycarbonate with a high performance protective laminate. Final proofs to be approved by COR.

C-5 START-UP MEETING. A start-up meeting via conference call shall take place not later than five (5) business days after contract award or as otherwise required by the COR.

SECTION D - PACKAGING AND MARKING

D-1 GENERAL. Contractor shall comply with the packaging and marking instructions set forth below. MR and MCCS activities reserve the right to charge back excess costs incurred by failure of the Contractor to comply with these instructions. These costs may include transportation, packing, marking, and administrative expenses. Any questions concerning these instructions should be directed to the Contracting Officer.

D-1.1 Shipping. All shipments made under this contract shall be prepaid by the Contractor and added to the invoice as a separate line item. Contractor shall ship via carrier designated on contract or individual delivery orders.

D-1.2 Packing. Contractor shall pack all shipments to ensure safe delivery in standard packaging which meets the requirements of the National Motor Freight/Uniform Freight Classification and is necessary to prevent deterioration of contents and damages due to the hazards of shipping, handling, and storage.

D-1.3 Marking

a. Markings by Contractor shall be clear and easily readable. Non-pertinent markings shall be covered or removed.

b. As a minimum requirement, each carton in a shipment must be marked by the Contractor with the MR contract number and, if applicable, the MCCS activity delivery order number. Instructions for other markings, if required, will be indicated by the ordering MCCS activity.

D-1.4 Documentation

a. Bill of Lading. Contractor shall complete the bill of lading in accordance with the rules of the National Motor Freight/Uniform Freight Classification.

b. Packing List. Contractor shall prepare a packing list for each shipment, enclose it in the number one carton, and mark the outside of the carton "Packing List Enclosed." (A detailed copy of the invoice or a copy of the delivery order showing the quantities shipped will suffice as a packing list.) The Contractor shall include the contract number and, if applicable, delivery order number on the packing list.

SECTION E - INSPECTION AND ACCEPTANCE

E-1 GENERAL

E-1.1 The Contractor agrees that authorized representatives of MR and the participating MCCS activities shall have access, at all reasonable times, to inspect the work performed under this contract.

E-1.2 In case any products or services are defective or not acceptable in material or workmanship, or otherwise do not conform with the requirements of this contract, MR shall have the right to reject such products or services, and to require replacement or correction within 24 hours of notification of such problems. The Contractor, after notice of defect or non-conforming products or services or any part thereof, shall be responsible for any shipping charges and handling costs to and from the Contractor's facility for such rejections, corrections, and replacements as well as any administrative costs that may be incurred.

E-2 INSPECTION OF PRODUCTS AND SERVICES - FIXED PRICE

E-2.1 Definitions. "Services", as used in this clause, includes services performed, workmanship, and material furnished or utilized during performance of contract services.

E-2.2 The Contractor shall provide and maintain an inspection system, acceptable to the MR, covering the products and services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the MR during contract performance and for as long afterwards as the contract requires.

E-2.3 The MR has the right to inspect and test all products and services called for by the contract, to the extent practicable at all times and places during the term of the contract. The MR will perform inspections and tests in a manner that will not unduly delay the work.

E-2.4 If MR performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, without additional charge, all reasonable facilities and assistance for the safe convenient performance of these duties.

E-2.5 If any of the services do not conform with contract requirements, the MR may require the Contractor to perform the services again in conformity with contract requirements at the Contractor's expense. When the defects in the services cannot be corrected by reperformance, the MR may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced values of the services performed.

E-2.6 If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the MR may: (1) by the contract or otherwise, perform the services and charge to the Contractor any cost incurred by the MR that is directly related to the performance of such service, or (2) terminate the contract for default.

E-2.7 The MR has the right either to reject or to require correction of nonconforming products or services.

Products or services are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The MR may reject nonconforming products or services with or without disposition instructions.

E-2.8 The Contractor shall remove products or services rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected products or services without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

E-2.9 If the Contractor fails to promptly remove, replace, or correct rejected products or services that are required to be removed or to be replaced or corrected, the MR may either (1) by contract or otherwise, remove, replace, or correct the products or services and charge the cost to the Contractor or (2) terminate the contract for default.

E-3 ACCEPTANCE. Acceptance of services and/or deliverables occurs when services and deliverables have been reviewed and approved, in writing, by the Contracting Officer or his/her authorized representative.

Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

SECTION F - DELIVERABLES AND PERFORMANCE

F-1 DELIVERABLES.

F-1.1 The Contractor shall provide products and services described in Sections B and C, and any other required documentation to MR at the following address or as otherwise coordinated with the COR:

NAF Business and Support Services Division Attn: Program Manager (MRX) 3044 Catlin Ave.

Quantico, VA 22134-5103

F 1.2 Start-up Meeting. A start-up meeting (via in-person or conference call) shall be conducted not later than five (5) business days after contract award. Travel cost for the start-up meeting is inclusive in the contract award and shall not be separately reimbursed.

F-1.3 Deliverables. The delivery schedule will be determined via issuance of the Delivery Orders.

Contractor deliverables under the contract include, but are not limited to the following:

SECTION DELIVERABLE DELIVERABLE DATE

C-5 Start-up Meeting Not later than (NLT) 5 business days after contract award

F-1.3 Delivery Orders Within 30 calendar days of receipt of Delivery Order

F-1.3 Delivery Orders

a. The Contractor shall provide the products and services listed in Sections B and C of this contract and will ship to the designated locations per notice by MR.

b. All deliverables shipped under this contract will be F.O.B. destination for CONUS activities or point of debarkation for OCONUS activities.

c. The Contractor shall, upon receipt of MR notice, contact the COR to coordinate interfacing with existing systems at MCCS activities. The Contractor shall deliver products and services within thirty (30) calendar days after receipt of an order or on the delivery date shown on the order, whichever is later, or an earlier date if mutually agreed upon in a bilateral order.

d. MR agrees to pay for items ordered, delivered, and accepted by MR.

e. See paragraph G-5 for other NAF activity delivery order instructions.

F-2 PERFORMANCE. The Contractor will perform the tasks identified in Section C of this contract in a professional manner. Contractor warrants that upon and for a period of one year, unless otherwise specified herein, following completion of the services provided by it hereunder ("Warranty Period"), such services will have been performed in a good and workmanlike manner in accordance with applicable professional standards. Contractor's obligation under this warranty is to use its best efforts to correct, at its expense, any failure of its services to conform to the foregoing warranty if it is notified of such failure in writing within the Warranty Period. If requested by MR or MCCS to investigate a suspected problem, Contractor will advise MR or MCCS whether in Contractor's opinion the problem is covered by the Warranty. If Contractor determines it is not covered by warranty and MR or MCCS agrees and still desires corrective action, a fixed price task order will be negotiated for the correction. Failure of parties to agree will be a dispute handled under the disputes clause.

SECTION G - CONTRACT ADMINISTRATION DATA

G-1 EFFECTIVE DATE OF CONTRACT AND CONTRACT PERIOD

G-1.1 The effective date of any contract awarded as a result of this solicitation will be the date entered in block 22 on the Solicitation, Offer, and Award Form. The contract period is for one (1) year from the date of contract award with four (4) one-year renewal options unless extended or terminated in accordance with the contract General Provisions. The Contractor shall commence contract performance immediately after contract award.

G-1.2 The contract shall be automatically terminated in the event of the discontinuance of the operation of MCCS without cost or liability to either party. In all other instances, the provisions covering termination as set forth in Section I shall apply.

G-1.3 The contract may be partially terminated if one or more MCCS activities are deactivated without cost or liability to either party. In that event, the rest of the contract will remain in full force and effect.

G-2 OPTION TO EXTEND THE TERM OF THE CONTRACT.

G-2.1 The MR may extend the term of this contract by written notice to the Contractor.

G-2.2 If MR exercises this option, the extended contract shall be considered to include this option provision.

G-2.3 The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years and three (3) months.

G-3 APPOINTMENT OF COR. The Contracting Officer will appoint a COR to perform the following tasks as identified in the COR appointment letter during the term of this contract.

G-3.1 The COR may not change the terms or conditions of this contract, may not interpret it, nor execute or agree to any contract modifications thereto. Only the Contracting Officer can authorize modifications to the terms and conditions of this contract, including deviations from specification requirements. In the event that the Contractor does deviate without written approval of the Contracting Officer, such deviation shall be at the Contractor's own risk. Any costs related to the Contractor's unauthorized deviation shall be borne by the Contractor.

G-3.2 The Contractor will be provided a copy of the COR appointment letter.

G-4 INVOICING AND PAYMENT. Contractor shall submit a proper invoice as stated in Section I, paragraph 21 of this contract to the address at F-1 and payment will be authorized after COR acceptance as defined in Section E, “Inspection and Acceptance.”

G-5 ORDERING INSTRUCTIONS FOR OTHER NAF ORDERING ACTIVITIES. Other NAF activities will be authorized to use the terms and conditions of this Firm-Fixed Price Requirements contract. Other NAF instrumentalities such as Army and Air Force Exchange Service (AAFES); United States Army Family and MWR Command (F&MWRCOM); Air Force Nonappropriated Fund Purchasing Office (AFNAFPO); Marine Corps Community Services (MCCS); Navy Exchange Command (NEXCOM) and Navy Exchange System (NES); Commander Navy Installations Command, Fleet and Family Readiness (CNIC, F&FR); Coast Guard Exchange Service (CGES) or other NAF activities not specifically named in this contract. Additional quantity discounts need to be negotiated based on other NAF activity’s ordering quantities exceeding those quantities identified in Section B or exceeding any aggregated volume discounts accepted under the contract. Any NAF ordering activity placing an order shall be responsible for payment on such order. The MR will not be responsible or liable for payment on other NAF activity orders. All NAF activities shall provide the following minimum information on delivery orders placed against this contract:

a. Contract Number.

b. Delivery Order Number.

c. Name, shipping address and instructions, billing address, and point of contact (with telephone or FAX number), and the required delivery date.

G-6 PRICE REVISIONS. The prices established in this contract will remain for the period of the contract;

however, if the Contractor offers to industry or government at large, price decreases of the items of equipment, supplies, or service included in this contract, which become effective during the term of the contract, the price decreases will be passed on to MR and MCCS. Any portion of contact performance not completed at the time price decreases are implemented by the Contractor, to the extent the decreased prices would be lower than this contract’s prices and or unless the parties hereto mutually agree to a price adjustment, the adjustment will become effective only on the effective date of a written modification to the contract. Any request by the Contractor for adjustment of price(s) must be made in writing to the Contracting Officer, and must provide sufficient factual information and data to substantiate the proposed revision, including a clear and definite identification of existing cost factors that could not be identified at the time of entering into the contract. Any price adjustment under this provision is subject to negotiation and mutual agreement of the parties and the accomplishment of a finalized written modification to the contract.

(Contractor has no expressed or implied right to a price adjustment by reason of this clause.)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 ORDERING

H-1.1 Any products and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities designated in Section B, Price Schedule. Such orders may be issued from the effective date of the contract and continue for one (1) year thereafter unless increased by any exercised option year.

H-1.2 All delivery orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order and this contract, the contract shall control.

H-1.3 If mailed, a delivery order is considered "issued" when the MR deposits the order in the mail.

H-2 ISSUANCE OF DELIVERY ORDERS.

H-2.1. The Contracting Officer prepares and issues a delivery order against Section B of the contract, itemizing the products and services required.

H-2.2 The Contracting Office at other NAF Ordering activities (see G-5) will prepare and issue delivery orders against Section B of the contract, itemizing products and/or services required.

H-3 REQUIREMENTS

H-3.1 This is a requirements contract for the supplies or services specified, and effective for the period stated, in Section B. The quantities of supplies or services specified in Section B are estimates only and are not purchased by this contract.

H-3.2 Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to MCCS, when and if ordered, the supplies or services specified in Section B.

H-3.3 There is no limit on the number of orders that may be issued against this contract. MCCS and other NAF activities (see G-5) may issue orders requiring delivery to multiple destinations or performance at multiple locations.

H-3.4 Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and MCCS' rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period.

H-4 MANAGEMENT CONTROLS. The Contractor shall at all times provide adequate supervision of his employees to insure complete, satisfactory performance of all work in accordance with the terms of the contract. The Contractor, or his representative, will be available at all times when the work of the contract is being carried out.

H-5 MR-CONTRACTOR RELATIONSHIP

H-5.1 MR and the Contractor understand and agree that the products and services to be delivered under this contract by the Contractor to the MR are non-personal services and the parties recognize and agree that no employer-employee or master-servant relationships exist or shall exist under the contract between the MR and the Contractor and-or between the MR and the Contractor's employees. It is, therefore, in the best interest of the MR to afford the parties a full and complete understanding of their respective obligations.

H-5.2 Contractor personnel under this contract shall not be placed in a position where they are appointed or employed by a Federal officer, or are under the supervision, direction, or evaluation of a Federal officer, military or civilian.

H-6 INSURANCE REQUIREMENTS. The Contractor shall maintain, during any contract period, insurance coverage listed below, with insurance company(ies) acceptable to MCCS. Acceptable is defined as a carrier that is A rated by A.M. Best, Inc., or equivalent. The Contractor shall provide, upon contract award, a certification from a duly authorized corporate officer stating that the Contractor's Errors and Omissions policy is in full force and effect; not less than 30 days prior written notice will be given to MR Contracting Officer in the event of reduction, cancellation, or non-renewal of such insurance coverage. All liability insurance coverage shall name the United States Marine Corps, MCCS, and MR as additional insureds for claims, demands, suits, judgments, costs, charges, and expenses arising out of or in connection with any loss, damage, or injury resulting from the negligence or other fault of Contractor, or Contractor's agents, representatives, or employees. The Contractor shall have any policy endorsed to waive rights of subrogation against the MCCS, MR, and the United States Marine Corps.

H-6.1 Worker's Compensation and Employer's Liability Insurance if Contractor has one or more employees aside from any state requirement as to the minimum number of employees. The Contractor's insurance hereunder shall comply with the minimum limits of $1,000,000 each accident, $1,000,000 disease - policy limit, $1,000,000 disease - each employee.

H-6.2 Business Automobile Bodily Injury and Property Damage Liability covering all owned, non-owned and hired automobiles with a Combined Single minimum limit of $1,000,000.

H-6.3 Commercial General Liability to include personal injury and contractual liability extension in minimum limits of $2,000,000 General Aggregate, $2,000,000 Products/Completed Operations Aggregate, $1,000,000 Per Occurrence and $1,000,000 Personal Injury/Advertising Injury.

H-6.4 Local Insurance Requirements. The Contractor agrees to furnish necessary insurance and unemployment compensation as provided by the local labor laws.

H-7 PUBLIC DISCLOSURE OF WORK UNDER THIS CONTRACT

H-7.1 Public disclosure of information derived from or knowledge gained as a result of work under this contract whether by press release, word of mouth, written correspondence, or any other means is prohibited without the advance written consent of the Contracting Officer. Any request for authority to release such information will be made in writing and submitted by the Contractor to the Contracting Officer. Each request will be documented with sufficient evidence to justify the requested release as being in the best interest of the public. Final determination with regard to the necessity of public disclosure of such information remains solely with the Contracting Officer.

H-7.2 As used in this clause, the prohibition against "public disclosure" is defined to include a prohibition against disclosure to any governmental agency or unit other than the MCCS or the Commandant of the Marine Corps (CMC), as well as any individual or group of individuals outside of MCCS or CMC.

H-7.3 Contractor agrees to insert the clause in paragraphs H-7.1 and H-7.2, above, in any and all subcontracts hereunder relating to performance of work under this contract.

H-8 MR FURNISHED INFORMATION. All information furnished by MR to the Contractor shall remain the MR's property, shall be disclosed or duplicated only as authorized in writing by the Contracting Officer, and shall be returned to the MR upon request or when no longer needed for the performance of this contract.

Except as may be necessary for the performance of this contract, Contractor shall not use or disclose information concerning the activities of the MR without the prior written consent of the Contracting Officer.

H-9 CONTRACT SCOPE. Contract scope will be flexible enough to account for additional enhancements to the requirements as set forth in the Statement of Work, which may arise within the period of contract performance. Potential enhancements may include, but are not limited to, customization of the software, data migration, site visits, beyond those described in the current Statement of Work.

If required by the MR, these enhancements may be added via contract modification and could result in a contract extension to account for performance of the enhanced work effort. However, contract enhancements cannot be added to extend contract performance after performance of basic contract work effort has already been completed.

H-10 PAYMENT CARD INDUSTRY DATA SECURITY STANDARD (PCI DSS) (Jul 2011).

H-10.1 If payment cardholder data is processed via a contractor’s processor or via an MCCS point of sale terminal or if card data is shared with contractors, subcontractors, merchants or service providers under the terms and conditions of this contract, the contractors, subcontractors, merchants and service providers shall adhere to the most current version of the Payment Card Industry Data Security Standards (PCI DSS) requirements. These requirements are available at https://www.pcisecuritystandards.org/.

H-10.2 The contractor acknowledges that each contractor, subcontractor, merchant and service provider with access to payment cardholder data is responsible for the security of the cardholder data the provider possesses. The contractor shall also include this clause in any subcontract that provides access to cardholder data.

H-10.3 The contractor shall control any duplicate or store copies of payment card receipts in a locked cabinet or in a locked register or locked drawer. The contractor shall use equipment that masks the card number on the customer’s receipt per the PCI DSS. The contractor shall develop and implement procedures for destruction of receipts based on PCI standards and applicable state law.

H-11 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (Jan 11). This clause provides guidance concerning compliance with Homeland Security Presidential Directive (HSPD) 12 and Contractor Screening Policy when contract performance requires routine physical access to a federally controlled facility and/or routine access to a federally controlled information system. As processes and procedures could change over time, obtain the current process from the contracting officer or COR. Direct questions to the MCCS contracting officer or COR.

H-11.1 After contract award and prior to performance on any Federal installation, the contractor shall comply with the local installation’s personal identity verification procedures identified by that installation which implements HSPD-12 policy for a Common Identification Standard for Federal Employees and Contractors.

a. If the contractor employee is to work at only one site, MCCS’s contractors must follow local installation guidelines and directives concerning identification, access, and security requirements. These guidelines may vary from one installation to another and it is the contractor’s responsibility to seek guidance concerning these issues from the contracting officer or COR.

b. If contractor employees will require routine access to one or more installations or access to MR or

MCCS information systems, contractor personnel must obtain a Common Access Card (CAC) and will be required to submit a clearance package no less than 30 days in advance of needed access. CAC issuance can take from 1 week to 3 months to process. Refer to the contracting officer or COR for current requirements for CAC applications. Prior to submitting the CAC clearance package, contractor personnel must have a current National Agency Check with written Inquiries (NACI).

H-11.2 The contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally controlled facility and/or routine access to a Federally-controlled information system.

H-11.3 The contractor is responsible for securing and returning to the issuing office all identification cards issued under these procedures (1) for all employees at the end of the contract; and (2) for individual employees no longer employed or no longer assigned to perform the MCCS contract.

H-11.4 Any costs associated with the clearance process are the responsibility of the contractor.

H-12 PRIVACY ACT NOTIFICATION (Jan 2008). If applicable, the Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, https://www.pcisecuritystandards.org/

Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

H-13 PRIVACY ACT (Feb 2008).

H-13.1 The Contractor agrees to:

a. Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

(1) The systems of records; and

(2) The design, development, or operation work that the Contractor is to perform;

b. Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the design, development, or operation of a system of records on individuals that is subject to the Act; and

c. Include this clause, including this subparagraph c., in all subcontracts awarded under this contract, which requires the design, development, or operation of such a system of records.

H-13.2 In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individual's to accomplish an agency function. For purposes of the Act, when the contract is for operation of a system of records on individuals to accomplish an agency function, the Contractor and any employee of the Contractor is considered to be an employee of the agency.

H-13.3 a. "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use and dissemination of records.

b. "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

c. "System of records on individuals," as used in this clause means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

H-13.4 Contractor shall comply with the following requirements:

a. Privacy Act Data shall not be stored on any mobile storage device (i.e. laptops, thumb drives, portable hard drives, etc.).

b. If transmitting Privacy Act Data, files will be encrypted and password protected or sent via secure file transfer protocol (FTP).

c. If used for analysis, the use of unique identifiers or dummy data will be substituted whenever practical.

d. Complete annual Personally Identifiable Information training and provide certificates of completion to Contracting Officer. The on-line training may be accessed at http://iase.disa.mil/eta/pii/pii_module/pii_module/index.html

H-14 TECHNOLOGY IMPROVEMENTS.

http://iase.disa.mil/eta/pii/pii_module/pii_module/index.html

H-14.1 After contract award and not including any software or software upgrades that are already provided as part of this contract, the MCCS may solicit, and the Contractor is encouraged to propose independently, technology improvements to the software specifications or other requirements of the contract. These improvements may be proposed to save money, to improve performance, to save energy, or for any other purpose which presents a technological advantage to the MCCS.

H-14.2 Technology improvements will generally provide the MCCS with equal or greater technical capability at equal or lower cost. In the event that the technology improvement is such that there is an increase in performance which gives the MCCS an increased cost/benefit ratio, this ratio will be considered when determining "equal or lower cost."

H-14.3 In order to support the net unit price for a technology improvement, the Contractor will provide at the time of proposal submission the following: the Contractor's General Services Administration (GSA) Schedule price, or, where the Contractor's GSA Schedule does not exist, the Contractor's open market or catalog price, whichever is less. Those proposed technology improvements that are acceptable to the MCCS shall be processed as modifications to the contract.

H-14.4 As a minimum, the following information will be submitted by the Contractor with each proposal:

a. A description of the difference between the existing contract requirement and the proposed change, and the comparative advantages and disadvantages of each.

b. Itemized requirements of the contract which must be changed if the proposal is adopted, and the proposed revision to the contract for each such change.

c. An estimate of the changes in performance and cost, if any, that shall result from adoption of the proposal.

d. An evaluation of the effects the proposed changes would have on collateral costs to the MCCS, such as MCCS-furnished property costs, costs of related items, and costs of maintenance, operation and conversion (including MCCS application software).

e. A statement of the time by which the contract modification adopting the proposal must be issued so as to obtain the maximum benefits of the changes during the remainder of this contract including supporting rationale.

f. Any effect on the contract completion time or delivery schedule shall be identified.

H-14.5 The MCCS shall not be liable for proposal preparation costs or any delay in acting upon any proposal submitted pursuant to this clause. The Contractor has the right to withdraw, in whole or in part, any proposal not accepted by the MCCS within the period specified in the proposal. The decision of the Contracting Officer as to the acceptance of any such proposal under this contract is final and not subject to the "Disputes" clause of this contract.

H-14.6 The Contracting Officer may accept any proposal submitted pursuant to this clause by giving the Contractor written notice thereof. This written notice will be given by issuance of a modification to the contract. Unless and until a modification is executed to incorporate a proposal under this contract, the Contractor will remain obligated to perform in accordance with the requirements, terms, and conditions of the existing contract.

H-14.7 If a proposal submitted pursuant to this clause is accepted and applied to this contract, the equitable adjustment increasing or decreasing the contract price will be in accordance with the procedures of the "Changes" clause.

H-15 FUEL SURCHARGE. A surcharge may be allowed, with written MCCS approval, when fuel prices exceed 20% of the cost of fuel at the inception of the contract. Contractor must submit fuel prices per gallon effective on a date ten calendar days prior to the bid opening.

Contractor’s unit (per mile) pricing should include an allowance for a +/- 20% variance in fuel costs. A surcharge may be requested for those fuel costs in excess of the 20% variance. In their request, Contractor must indicate new fuel price, new cost per mile and the calculations for obtaining the price (for example:

correlation between miles per gallon for equipment used and new cost per gallon for fuel).

Accordingly, Contractors must offer a reduced rate to the MCCS when fuel prices decrease below the 20% variance.

H-16 MCCS/MCX LOGO. The Contractor is authorized to use the MCCS / MCX logo solely in the furtherance of completing the requirements of this contract and any Delivery Orders issued to acquire services in accordance with the terms and conditions of this contract. The Contractor is prohibited from using or displaying the MCCS / MCX logo for any other purpose. Upon termination or expiration of this contract, the Contractor’s limited privilege to use the MCCS / MCX logo shall immediately cease.

SECTION I - GENERAL PROVISIONS FOR EQUIPMENT AND SUPPLIES (MCCS) (MAR 09)

I-1 DEFINITIONS

I-2 LEGAL STATUS

I-3 EXAMINATION OF RECORDS

I-4 OFFICIALS NOT TO BENEFIT

I-5 GRATUITIES

I-6 ORAL REPRESENTATIONS

I-7 CHANGES

I-8 REPRESENTATIONS

I-9 ADVERTISEMENTS

I-10 SUBCONTRACTING

I-11 ASSIGNMENT

I-12 REPRESENTATIVES

I-13 TAXES

I-14 PERMITS AND LICENSES

I-15 NON-WAIVER OF DEFAULTS

I-16 INDEMNIFY AND HOLD HARMLESS

I-17 INSURANCE

I-18 WARRANTY

I-19 ITEM SUBSTITUTION AND VARIATION

IN QUANTITY

I-20 NON-EXCLUSIVE CONTRACT

I-21 INSPECTION AND ACCEPTANCE

I-22 INVOICING AND PAYMENT

I-23 WITHHOLDING

I-24 DISPUTES (MCCS)

I-25 CONTRACTOR LIABILITY

I-26 TERMINATION

I-27 REQUESTS FOR MONETARY OR OTHER

RELIEF

I-28 NOTIFICATION OF DEBARMENT OR

SUSPENSION STATUS

I-29 EQUAL EMPLOYMENT OPPORTUNITY

I-30 EQUAL OPPORTUNITY FOR SPECIAL

DISABLED VETERANS, VETERANS OF

THE VIETNAM ERA, AND OTHER

ELIGIBLE VETERANS

I-31 AFFIRMATIVE ACTION AND

NONDISCRIMINATION FOR WORKERS

WITH DISABILITIES

I-32 CONVICT LABOR

I-33 DRUG-FREE WORK PLACE

I-34 ACCIDENT PREVENTION, FIRE

PREVENTION, AND SANITATION

I-35 ENVIRONMENTAL PROTECTION

I-36 PERSONAL IDENTIFICATION OF

CONTRACTOR PERSONNEL

I-37 RESTRICTIONS ON PURCHASES OF

FOREIGN GOOD

I-1 DEFINITIONS. As used throughout this contract, the following terms shall have the meaning set out below:

a. “MR” identifies the NAF Business and Support Services Division (MR), United States Marine Corps.

"MCCS" identifies United States Marine Corps Community Services activities.

b. "Contract" identifies this contract or any modification thereto.

c. "Contracting Officer" means a person authorized in writing to execute and administer the contract on behalf of MCCS. It includes said contracting officer's successor or successors. (NOTE: Only the contracting officer may waive or change contract terms; impose additional contract requirements, issue cure, show cause, or termination notices; or render final decisions according to contract terms.) Other MCCS and government officials who are by virtue of their positions concerned with the administration and operation of this contract may take certain administrative actions in behalf of the contracting officer. These officials may conduct inspections, process and collect contract payments, make administrative decisions, and perform other duties of an administrative nature. All questions concerning the authority of other MCCS or government officials should be referred to the contracting officer.

d. "Contractor" means the individual, partnership, corporation, or other entity which is a party to this contract and who is responsible for all actions, performance and work thereunder, to include that of any subcontractor.

I-2 LEGAL STATUS (MAR 09). Marine Corps Community Services (MCCS) activities are an integral part of the Department of Defense, and are a…