HDEC04-09-R-0036 SOLICITATION.doc

Section SF 1449 - Continuation Sheet

PERFORMANCE WORK STATEMENT (PW

PERFORMANCE WORK STATEMENT (PWS)

MAINTENANCE AND REPAIRS OF MATERIAL HANDLING EQUIPMENT (MHE)

AND OTHER SIMILAR EQUIPMENT

1. SCOPE: The Contractor shall provide all personnel, supervision, equipment, tools, parts, transportation, and other items necessary to perform maintenance and repair of material handling equipment (MHE) and other equipment, as identified, located at the commissary store and/or Central Distribution Center (CDC). The contractor shall comply with all applicable Federal, State and installation Fire, Safety, Security and Environmental Protection Regulations.

2. CONTRACTING OFFICER REPRESENTATIVE (COR): A copy of the appointment letter shall be furnished to the contractor identifying a primary and alternate COR.

3. NOTIFICATION: Within 10 days of contract award, the contractor shall provide the Contracting Officers Representative (COR) with point of contact (POC) information to include names, email addresses, and phone numbers to receive service calls. The contractor's POC shall check in with the COR prior to performing service and after completing service.

4. PERSONNEL: Contractor personnel must be recognizable while in the commissary by means of uniform, or identification badge, or company patch.

5. WORK SCHEDULE: Day and time of all work performed under this contract will be coordinated with the COR to prevent interference with normal commissary operations. At the Contractor's convenience, and with the approval of the COR, the Contractor may work extended hours to ensure timely completion of work at the Contractor's regular hourly rate.

Regular hours are defined as Monday through Friday from 8:00 AM to 5:00 PM, local time. Overtime hours are defined as outside regular hours, including weekends and federal holidays. Hours shall be recorded and invoiced in fifteen (15) minute increments.

6. AVAILABILITY OF UTILITIES: Water and electricity are available at the job site and may be utilized by the contractor, at no cost, in quantities necessary to perform the work required. The contractor will be responsible for all necessary temporary connections and for disconnection of same upon completion of the work.

7. LOCATION OF WORK: On site work is required; however, in the event that is not feasible, authorization will be obtained from the COR, who will complete DD Form 1149 for equipment removed from the installation. Contractor's signature on the form will serve to hold the contractor liable for any and all loss or damage to such equipment while in the contractor's possession. Contractor shall load and unload equipment at his/her expense. The contractor will notify the COR when equipment will be off-site for a duration exceeding seven calendar days. The COR will coordinate with DeCA HQ COE DOG if backup equipment is not readily available at the store and determine a plan of action.

8. CLEANUP:

Upon completion of services, the contractor is required to clean-up the workspace and remove and dispose of any parts and debris, returning the work area to the condition it was in prior to start of work.

9. EQUIPMENT: Equipment covered by this contract for maintenance and repair shall consist of all equipment identified below. Types of equipment may be added to or deleted from this contract by mutual agreement of the contractor and the Contracting Officer and shall be in writing via modification to this contract. Note: Some stores may not have all types of equipment listed below.

A.

PM & Repair:

Balers Electric Pallet Jacks

Forklifts Order Pickers Narrow Aisle Forklifts Floor Scrubbers Floor Sweepers B.

Repair Only:

Burnishers Cart Retrievers

Handicap Carts

Lawn Tractors

Pallet Wrappers

Power Washers

Scissor Lifts Personal Elevators Snow Blowers

Tractors Dock Levelers For purposes of coverage, equipment will not be identified by make, model, and serial number. However, for purposes of verification of work, this information shall be included on contractor service tickets. The government will not reimburse services performed outside the dates or scope of this contract.

10. PREVENTIVE MAINTENANCE: PM consists of a complete operational check and service or repair of all equipment to ensure it is maintained in proper operating condition according to Original Equipment Manufacturer’s (OEM) specifications and appropriate manufacturers’ manuals. PM work shall include repairing, cleaning, lubricating, oiling, aligning, adjusting, and replacing of parts where needed, to keep the equipment in good serviceable condition. Major deficiencies or required repairs discovered during PM procedures, will be brought to the attention of the COR, who will advise the contractor as to whether to complete the repairs. Major deficiencies or repairs are defined as those over $250.

Within 30 days after contract award, the contractor shall schedule PM for all equipment requiring PM. Afterwards, PM shall be conducted quarterly. The PM schedule will not afford the opportunity for any PM on a specific piece of equipment occur less than 70 days nor more than 100 days from the last scheduled PM. As stated in paragraph 5, the schedule will be coordinated with the COR. The COR may request an alternate date for PM within the quarter; however, he may not deny performance of the PM.

The contractor will perform a condition inspection on MHE to ensure that the overall structural, mechanical and electrical components are in compliance with OSHA standards. The safety inspection will be performed on all MHE after major repairs or as otherwise determined by the Contracting Officer or COR.

PM checklist is provided as attached for each type of equipment covered. A copy of this checklist will be completed and signed by the contractor and the COR at time of service. The contractor will be responsible for maintaining these with all other records for each piece of equipment covered by this contract.

11. LOAD TEST AND CERTIFICATION: For all lift capable equipment, a selective inspection and either a load test or other appropriate proof test and certification shall be made after adjustment, repair, replacement, or alteration/modification of a load bearing or load controlling part or component. The load test or other appropriate proof test need only be performed where the adjustment, repair, replacement or alteration/modification if not performed correctly, could result in dropping, uncontrolled shifting, or movement of the load. If holding strength is a function of the parts or components affected by the maintenance work, a load test and certification shall be performed. The Contractor shall maintain records on completed load testing and certifications and shall make available to the Contracting Officer or COR for review on request.

12. SERVICE CALLS AND REPAIR PARTS: A service call charge is defined as the cost charged for contractor response to the commissary store, repair parts plus mark-up, and an hourly labor rate for one technician unless repair requires more than one technician. If more than one technician is required, contractor shall state in the estimate and have it approved before work is performed. Service calls shall be made as deemed necessary by the COR to repair the equipment and return it to normal operating condition.

A.

Contractor shall respond to routine service calls within 8 working hours after receiving notification by the COR and shall perform necessary service on equipment within 24 hours. Such service shall be completed during the regular duty hours.

B.

Contractor shall respond to emergency service calls within 2 hours and perform repairs within four 4 hours of receiving the call. An emergency service call is defined as an equipment failure which would interrupt critical commissary operations and in which no backup equipment is available at the commissary. The COR may request that the contractor provide service outside the hours covered by the Regular Hourly Rate based on an assessment of the situation and its impact on the commissary operation and shall pay the Overtime Hourly Rate for work outside the defined regular hours. The Regular Hourly Rate shall be paid for emergency calls during regular hours. The COR will advise the contractor if the call is an emergency at the time the service call is placed.

C.

Prior to commencing repair work, the contractor will provide the COR with a written cost estimate, listing the estimated number of labor hours per technician, parts cost, mark-up and will proceed only upon approval of the COR. The COR will coordinate with DeCA HQ COE DOG to determine if the repairs are authorized. The contractor will advise the COR of the anticipated completion time of the repairs. If the repair will take longer than two (2) workdays, the contractor will be required to provide the COR a written justification for the delay and an estimated date of completion. In the event that the repair requires non-standard or non-stocked repair parts, the parts shall be ordered to allow for completion of the total repair within 10 calendar days of notification of the service call. The contractor will immediately notify the COR if, during the work, it is anticipated that actual repair costs will exceed the estimate by more than 20%. The Contractor shall advise the COR of any equipment whose repair cost estimate exceeds fair market value.

D.

In an event where the contractor is called to the location to provide an estimate, the costs for labor hours exhausted on site to provide the estimate will be paid at time of estimate. However, if the contractor provides the service which was quoted, the estimate charge will be deducted from the total cost of that service.

13. ACCEPTANCE/CORRECTION OF WORK: All work performed under this contract shall be subject to the acceptance of the COR or designated inspector. If performance is found to be unsatisfactory and not in accordance with the requirements of this contract, the contractor shall begin correcting unsatisfactory work as soon as possible but not later than the first three (3) hours of the following regularly scheduled government workday. Correction of work is performed at the expense of the contractor.

14. PARTS AND MATERIALS: Costs for parts and materials which are less than $5.00 shall be absorbed within the overhead of the loaded hourly rate, and not be invoiced separately. Parts and materials valued at greater than $5.00 shall be itemized and invoiced under the Repair Parts contract line item. Parts and materials shall be broken out and invoiced to show supplier cost and markup rate separately. The contractor shall be reimbursed by the Government for the parts/supplies at the contractor’s net price as stated in the invoice from the respective supplier plus the negotiated markup. A copy of the supplier’s purchase invoice for individual replacement parts shall be provided to the Contracting Officer on request.

Rebuilt assemblies may only be used with prior approval of the COR when it is a standard industry practice and the rebuilt assembly or subassembly carries the same manufacturer’s or re-manufacturer’s warranty as a new assembly or subassembly. Parts or components damaged by the contractor shall be repaired or replaced at the expense of the contractor to the satisfaction of the Contracting Officer or COR.

15. WARRANTY: The contractor agrees that the materials and services furnished under this contract shall be covered by the most favorable commercial warranties the contractor provides to customers for such materials and services, but if not otherwise specified, not less than a minimum of ninety (90) days warranty. The contractor agrees that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the government by any other clause of this contract. Repairs covered under this warranty will be accomplished at no cost to the government.

The COR will provide a copy of the warranty and expiration date to the contractor and to DeCA HQ COE DOG. PM and/or repairs of equipment under warranty will be covered by this contract if authorized by the warranty, to be billed as stated in part 5. Upon expiration of the warranty, the equipment will be covered by this contract.

The contractor is responsible to notify the COR if repairs covered under warranty need to occur. The COR will coordinate with DeCA HQ COE DOG for these repairs. Prior to performing repairs on equipment covered by a warranty, the contractor shall coordinate with the Manufacturer’s representative to obtain written authorization to perform such services at no additional charge to the government.

16. COMPLIANCE WITH ENVIRONMENTAL PROTECTION AGENCY (EPA) AND ASSOCIATED FEES: Under Executive Order 13101, the contractor shall comply with all applicable EPA guidelines and procedures during the performance of this contract. The contractor shall, without additional effort by or cost to the Government, maintain and acquire all permits in accordance with local, state, and federal regulations. The Government does not assume liability or responsibility for the Contractor’s compliance or noncompliance with such responsibilities. Environmental fees associated with disposal of materials or parts in performance of maintenance and repair shall be reimbursed under the Repair Parts line item.

17. SERVICE TICKET: The contractor will furnish a completed service ticket for each repair or maintenance provided. Service tickets shall list all work performed; the make, model and serial number of the equipment; and all parts used. This data shall also be provided to the Contracting Officer in an Excel spreadsheet, or other approved format, quarterly. The service ticket must also include the date and time the contractor began and completed service. A signature of the COR shall validate the service described on the ticket. A copy of each service ticket shall be submitted with invoice to the COR.

18. INVOICES: DeCA is currently transitioning to Wide Area Work Flow (WAWF). Contractor shall invoice in WAWF. The contractor will prepare a DD250 to be signed by the authorized store personnel. The DD250 will be faxed to DeCA HQ – Attn: MHE Contracts at 804-734-8009 x78886. DeCA HQ personnel will act as the receiver in WAWF until such time our commissaries are trained to perform the receiving function in WAWF.

EIELSON AFB COMMISSARY - BASE YEAR

FFP

Equipment List:

Electric Fork Lift

4 Each

Cardboard Baler

2 Each

Floor Scrubber

1 Each

Electric Handicap Cart

Snow Blower

Pressure Washer

FOB: Destination

NET AMT

0001AA

REGULAR HOURLY RATE

NET AMT

0001AB

OVERTIME HOURLY RATE

NET AMT

0001AC

PARTS

PARTS SHALL BE INVOICED AT COST PLUS THE PERCENTAGE INDICATED BELOW:

MARK-UP ON PARTS: ______________%

FOR EVALUATION PURPOSES: EACH OFFEROR'S PARTS MARK-UP PERCENTAGE WILL BE APPLIED TO THE GOVERNMENT'S ESTIMATE OF THE NTE AMOUNT OF $5,000. THE GOVERNMENT WILL INSERT A NTE AMOUNT AT TIME OF AWARD.

NET AMT

FT WAINWRIGHT COMMISSARY STORE - BASE YR

Walkie Pallet Jack

3 Each

Lawn Tractor

Trash Compactor

NET AMT

0002AA

REGULAR HOURLY RATE

NET AMT

0002AB

OVERTIME HOURLY RATE

NET AMT

0002AC

PARTS

PARTS SHALL BE INVOICED AT COST PLUS THE PERCENTAGE INDICATED BELOW:

MARK-UP ON PARTS: ______________%

FOR EVALUATION PURPOSES: EACH OFFEROR'S PARTS MARK-UP PERCENTAGE WILL BE APPLIED TO THE GOVERNMENT'S ESTIMATE OF THE NTE AMOUNT OF $5,000. THE GOVERNMENT WILL INSERT A NTE AMOUNT AT TIME OF AWARD.

NET AMT

FORT WAINWRIGHT CDC - BASE YEAR

Reach and Tier

Stock Selector

14 Each

NET AMT

0003AA

REGULAR HOURLY RATE

NET AMT

0003AB

OVERTIME HOURLY RATE

NET AMT

0003AC

PARTS

PARTS SHALL BE INVOICED AT COST PLUS THE PERCENTAGE INDICATED BELOW:

MARK-UP ON PARTS: ______________%

FOR EVALUATION PURPOSES: EACH OFFEROR'S PARTS MARK-UP PERCENTAGE WILL BE APPLIED TO THE GOVERNMENT'S ESTIMATE OF THE NTE AMOUNT OF $5,000. THE GOVERNMENT WILL INSERT A NTE AMOUNT AT TIME OF AWARD.

NET AMT

ANCHORAGE AREA - BASE YEAR

12 Each

Gas Forklift

Rider Pallet Jack

7 Each

Scissor Lift

13 Each

NET AMT

0004AA

REGULAR HOURLY RATE

NET AMT

0004AB

OVERTIME HOURLY RATE

NET AMT

0004AC

PARTS

PARTS SHALL BE INVOICED AT COST PLUS THE PERCENTAGE INDICATED BELOW:

MARK-UP ON PARTS: ______________%

FOR EVALUATION PURPOSES: EACH OFFEROR'S PARTS MARK-UP PERCENTAGE WILL BE APPLIED TO THE GOVERNMENT'S ESTIMATE OF THE NTE AMOUNT OF $5,000. THE GOVERNMENT WILL INSERT A NTE AMOUNT AT TIME OF AWARD.

NET AMT

FFP

NET AMT

1001AA

NET AMT

1001AB

NET AMT

1001AC

FFP

PARTS SHALL BE INVOICED AT COST PLUS THE PERCENTAGE INDICATED BELOW:

MARK-UP ON PARTS: ______________%

FOR EVALUATION PURPOSES: EACH OFFEROR'S PARTS MARK-UP PERCENTAGE WILL BE APPLIED TO THE GOVERNMENT'S ESTIMATE OF THE NTE AMOUNT OF $5,000. THE GOVERNMENT WILL INSERT A NTE AMOUNT AT TIME OF AWARD.

NET AMT

FFP

NET AMT

1002AA

NET AMT

1002AB

NET AMT

1002AC

FFP

PARTS SHALL BE INVOICED AT COST PLUS THE PERCENTAGE INDICATED BELOW:

MARK-UP ON PARTS: ______________%

FOR EVALUATION PURPOSES: EACH OFFEROR'S PARTS MARK-UP PERCENTAGE WILL BE APPLIED TO THE GOVERNMENT'S ESTIMATE OF THE NTE AMOUNT OF $5,000. THE GOVERNMENT WILL INSERT A NTE AMOUNT AT TIME OF AWARD.

NET AMT

FFP

NET AMT

1003AA

NET AMT

1003AB

NET AMT

1003AC

FFP

PARTS SHALL BE INVOICED AT COST PLUS THE PERCENTAGE INDICATED BELOW:

MARK-UP ON PARTS: ______________%

FOR EVALUATION PURPOSES: EACH OFFEROR'S PARTS MARK-UP PERCENTAGE WILL BE APPLIED TO THE GOVERNMENT'S ESTIMATE OF THE NTE AMOUNT OF $5,000. THE GOVERNMENT WILL INSERT A NTE AMOUNT AT TIME OF AWARD.

NET AMT

FFP

NET AMT

1004AA

NET AMT

1004AB

NET AMT

1004AC

FFP

PARTS SHALL BE INVOICED AT COST PLUS THE PERCENTAGE INDICATED BELOW:

MARK-UP ON PARTS: ______________%

FOR EVALUATION PURPOSES: EACH OFFEROR'S PARTS MARK-UP PERCENTAGE WILL BE APPLIED TO THE GOVERNMENT'S ESTIMATE OF THE NTE AMOUNT OF $5,000. THE GOVERNMENT WILL INSERT A NTE AMOUNT AT TIME OF AWARD.

NET AMT

FFP

NET AMT

2001AA

NET AMT

2001AB

NET AMT

2001AC

FFP

PARTS SHALL BE INVOICED AT COST PLUS THE PERCENTAGE INDICATED BELOW:

MARK-UP ON PARTS: ______________%

FOR EVALUATION PURPOSES: EACH OFFEROR'S PARTS MARK-UP PERCENTAGE WILL BE APPLIED TO THE GOVERNMENT'S ESTIMATE OF THE NTE AMOUNT OF $5,000. THE GOVERNMENT WILL INSERT A NTE AMOUNT AT TIME OF AWARD.

NET AMT

FFP

NET AMT

2002AA

NET AMT

2002AB

NET AMT

2002AC

FFP

PARTS SHALL BE INVOICED AT COST PLUS THE PERCENTAGE INDICATED BELOW:

MARK-UP ON PARTS: ______________%

FOR EVALUATION PURPOSES: EACH OFFEROR'S PARTS MARK-UP PERCENTAGE WILL BE APPLIED TO THE GOVERNMENT'S ESTIMATE OF THE NTE AMOUNT OF $5,000. THE GOVERNMENT WILL INSERT A NTE AMOUNT AT TIME OF AWARD.

NET AMT

FFP

NET AMT

2003AA

NET AMT

2003AB

NET AMT

2003AC

FFP

PARTS SHALL BE INVOICED AT COST PLUS THE PERCENTAGE INDICATED BELOW:

MARK-UP ON PARTS: ______________%

FOR EVALUATION PURPOSES: EACH OFFEROR'S PARTS MARK-UP PERCENTAGE WILL BE APPLIED TO THE GOVERNMENT'S ESTIMATE OF THE NTE AMOUNT OF $5,000. THE GOVERNMENT WILL INSERT A NTE AMOUNT AT TIME OF AWARD.

NET AMT

FFP

NET AMT

2004AA

NET AMT

2004AB

NET AMT

2004AC

FFP

PARTS SHALL BE INVOICED AT COST PLUS THE PERCENTAGE INDICATED BELOW:

MARK-UP ON PARTS: ______________%

FOR EVALUATION PURPOSES: EACH OFFEROR'S PARTS MARK-UP PERCENTAGE WILL BE APPLIED TO THE GOVERNMENT'S ESTIMATE OF THE NTE AMOUNT OF $5,000. THE GOVERNMENT WILL INSERT A NTE AMOUNT AT TIME OF AWARD.

NET AMT

FFP

NET AMT

3001AA

NET AMT

3001AB

NET AMT

3001AC

FFP

PARTS SHALL BE INVOICED AT COST PLUS THE PERCENTAGE INDICATED BELOW:

MARK-UP ON PARTS: ______________%

FOR EVALUATION PURPOSES: EACH OFFEROR'S PARTS MARK-UP PERCENTAGE WILL BE APPLIED TO THE GOVERNMENT'S ESTIMATE OF THE NTE AMOUNT OF $5,000. THE GOVERNMENT WILL INSERT A NTE AMOUNT AT TIME OF AWARD.

NET AMT

FFP

NET AMT

3002AA

NET AMT

3002AB

NET AMT

3002AC

FFP

PARTS SHALL BE INVOICED AT COST PLUS THE PERCENTAGE INDICATED BELOW:

MARK-UP ON PARTS: ______________%

FOR EVALUATION PURPOSES: EACH OFFEROR'S PARTS MARK-UP PERCENTAGE WILL BE APPLIED TO THE GOVERNMENT'S ESTIMATE OF THE NTE AMOUNT OF $5,000. THE GOVERNMENT WILL INSERT A NTE AMOUNT AT TIME OF AWARD.

NET AMT

FFP

NET AMT

3003AA

NET AMT

3003AB

NET AMT

3003AC

FFP

PARTS SHALL BE INVOICED AT COST PLUS THE PERCENTAGE INDICATED BELOW:

MARK-UP ON PARTS: ______________%

FOR EVALUATION PURPOSES: EACH OFFEROR'S PARTS MARK-UP PERCENTAGE WILL BE APPLIED TO THE GOVERNMENT'S ESTIMATE OF THE NTE AMOUNT OF $5,000. THE GOVERNMENT WILL INSERT A NTE AMOUNT AT TIME OF AWARD.

NET AMT

FFP

NET AMT

3004AA

NET AMT

3004AB

NET AMT

3004AC

FFP

PARTS SHALL BE INVOICED AT COST PLUS THE PERCENTAGE INDICATED BELOW:

MARK-UP ON PARTS: ______________%

FOR EVALUATION PURPOSES: EACH OFFEROR'S PARTS MARK-UP PERCENTAGE WILL BE APPLIED TO THE GOVERNMENT'S ESTIMATE OF THE NTE AMOUNT OF $5,000. THE GOVERNMENT WILL INSERT A NTE AMOUNT AT TIME OF AWARD.

NET AMT

FFP

NET AMT

4001AA

NET AMT

4001AB

NET AMT

4001AC

FFP

PARTS SHALL BE INVOICED AT COST PLUS THE PERCENTAGE INDICATED BELOW:

MARK-UP ON PARTS: ______________%

FOR EVALUATION PURPOSES: EACH OFFEROR'S PARTS MARK-UP PERCENTAGE WILL BE APPLIED TO THE GOVERNMENT'S ESTIMATE OF THE NTE AMOUNT OF $5,000. THE GOVERNMENT WILL INSERT A NTE AMOUNT AT TIME OF AWARD.

NET AMT

FFP

NET AMT

4002AA

NET AMT

4002AB

NET AMT

4002AC

FFP

PARTS SHALL BE INVOICED AT COST PLUS THE PERCENTAGE INDICATED BELOW:

MARK-UP ON PARTS: ______________%

FOR EVALUATION PURPOSES: EACH OFFEROR'S PARTS MARK-UP PERCENTAGE WILL BE APPLIED TO THE GOVERNMENT'S ESTIMATE OF THE NTE AMOUNT OF $5,000. THE GOVERNMENT WILL INSERT A NTE AMOUNT AT TIME OF AWARD.

NET AMT

FFP

NET AMT

4003AA

NET AMT

4003AB

NET AMT

4003AC

FFP

PARTS SHALL BE INVOICED AT COST PLUS THE PERCENTAGE INDICATED BELOW:

MARK-UP ON PARTS: ______________%

FOR EVALUATION PURPOSES: EACH OFFEROR'S PARTS MARK-UP PERCENTAGE WILL BE APPLIED TO THE GOVERNMENT'S ESTIMATE OF THE NTE AMOUNT OF $5,000. THE GOVERNMENT WILL INSERT A NTE AMOUNT AT TIME OF AWARD.

NET AMT

FFP

NET AMT

4004AA

NET AMT

4004AB

NET AMT

4004AC

FFP

PARTS SHALL BE INVOICED AT COST PLUS THE PERCENTAGE INDICATED BELOW:

MARK-UP ON PARTS: ______________%

FOR EVALUATION PURPOSES: EACH OFFEROR'S PARTS MARK-UP PERCENTAGE WILL BE APPLIED TO THE GOVERNMENT'S ESTIMATE OF THE NTE AMOUNT OF $5,000. THE GOVERNMENT WILL INSERT A NTE AMOUNT AT TIME OF AWARD.

NET AMT

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-4500

INSTALLATION ACCESS REQUIREMENTS (DEC 2001)

The contractor is responsible for ensuring compliance with installation access procedures for both personnel and vehicles.

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

ADDENDUM TO FAR 52.212-1

INSTRUCTION TO OFFEORS- COMMERCIAL ITEMS

SUBMISSION OF OFFERS:

a. Proposals are to be submitted to the Defense Commissary Agency (DeCA), Equipment and Maintenance Acquisition Division, Support and MHE Branch (DOAM), ATTN: Brandie Wells, 1300 E Avenue, Fort Lee, Virginia 23801-1800. No faxed or email copies of the proposal will be accepted. The complete proposal with authorized representative’s signature must be received by the closing date and time annotated within this solicitation.

b. Failure by the offeror to submit all of the requirements may be cause for the offer to be rejected with no further consideration given.

c. TECHNICAL CAPABILITY

(1) Provide a written summary of the experience which qualifies you to successfully perform this requirement.

(2) Provide your written plan on how services will be performed, to include a strategy to service all locations in the event that each location requires coverage on the same day.

(3) Provide a suggested preventative maintenance plan.

(4) Describe the method(s) that will be utilized to ensure services will be provided in a timely manner in accordance with the Performance Work Statement.

(5) Describe your company’s ability to provide quality services and quality assurance practices, to include certifications to work on specific equipment and brand specific equipment when available

(6) Describe how your company develops and maintains productive and responsible business relations and to address concerns and resolve problems during performance.

d. PAST PERFORMANCE

Past Performance References: Submit at least five (5) references from companies that you have conducted business with for services that are similar to those listed in this solicitation within the last three (3) years. You should notify the references that we will be contacting them to complete past performance surveys and that they should return them. Provide the following information for each reference no later than August 7, 2009 by facsimile to Brandie Wells (804) 734-8009 press pause twice then dial 78886 or e-mail to brandie.wells@deca.mil:

(1) Period Serviced

(2) Company Name and Address

(3) Point of Contact Name and Title

(4) Phone Number

(5) Facsimile Number

(6) E-Mail Address

(7) Description of Services Provided

The references will be asked to provide information on your company’s past performance with regard to timeliness of service, quality of service, and business relations. Any other past performance information available will also be considered.

e. By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.(refer to clause 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008))

f. An offeror shall complete the annual representations and certifications electronically at http://orca.bpn.gov. (refer to clause 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2009))

g. PERIOD FOR ACCEPTANCE OF OFFERS: [Reference Paragraph ( d) ]

Change minimum acceptance period to 90 days.

h. Offeror’s are urged to arrange site visits to obtain detailed information regarding the equipment to be covered by the resultant contract. Arrangements should be made with the store director at each location.

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

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

A. TECHNICAL CAPABILITY

a) Experience

b) Preventative Maintenance Plan

c) Methodology to achieve services as described in the performance work statement

The evaluation of technical capability will be an assessment of the offeror’s experience, quality, narratives on service and preventative maintenance. It is not based on an absolute standard, but an offeror’s overall capability. The Government is seeking to determine whether the offeror has established plans and possess the technical capability to implement their plan and perform under the resultant contract.

B. PAST PERFORMANCE

a) Service timeliness

b) Quality History

c) Customer Satisfaction/Business Relations

Each offeror is required to submit their past performance references. Offerors are required to submit five (5) references for contracts for the same or similar requirements. These contracts should be active or have been performed within the last three (3) years. The offeror is expected to make every reasonable effort to ensure that completed Past Performance Survey Sheets are submitted.

In evaluating the contractor’s past performance, performance under DeCA and/or other similar contracts, and customer surveys submitted by the references identified in the proposal will be used. The evaluator may consider other information available, such as the Contractor Performance Evaluations (DeCA Form 10-17), and past performance surveys. The evaluation of past performance will be an assessment based on a consideration of all relevant facts and circumstances, such as, timeliness of services (respond and complete), quality of services, and business relations. It will not be based on absolute standards of acceptable performance, but an offeror's overall past performance history and relationship with its customers. The Government is seeking to determine whether the offeror has consistently demonstrated a genuine concern by performing quality services on time, with concern for the customer's satisfaction. This determination is a matter of judgment.

An offeror without a record of relevant past performance or whom information on past performance is not available, will not be evaluated favorably or unfavorably on past performance. If the offeror has no record of past performance, but is otherwise determined responsible, they will be rated technically acceptable. If adverse information is obtained, that was not previously communicated; the offeror will be provided an opportunity to respond.

C. PRICE

All CLINs and associated sub-CLINs and Option CLINs will be evaluated separately by location. Offerors shall include pricing for the Base Year and four option years for each location to be considered for award for that location. The Contracting Officer will determine price reasonableness for all pricing, and will ensure the selection of the lowest priced, technically acceptable offer for the contract award for each location. Although they are on separate CLINs, the Fort Wainwright Commissary and Fort Wainwright CDC will be evaluated and awarded together.

Award(s) will be made to the responsible offeror that submits the lowest-priced, technically acceptable proposal for each location. A total of three possible awards may be made from this solicitation based on the CLIN with Fort Wainwright Commissary Store and Fort Wainwright CDC being awarded together.

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

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

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2009) ALTERNATE I (APR 2002)

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 (b) through (i) 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 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 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.

"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.

(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), except for paragraphs ----------.

(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,…