RFQ HDEC05-11-T-0019 - Attachment B - Terms and Conditions Full Text.doc

ATTACHMENT B

HDEC05-11-T-0019, Page 1 of 7

Contract Terms and Conditions in full text

SOLICITATION NUMBER HDEC05-11-T-0019

FOR DRY, REFRIGERATOR, & FREEZER TRAILERS

For transportation Support at New Orleans NAS-JRB

*Please note: all provisions/clauses requiring offerors to provide information within the provision/clause are included in Attachment A. There may be duplicate provisions/clauses in this attachment, which are provided for information only.

52.204-4500, INSTALLATION ACCESS REQUIREMENTS (DEC 2001)

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

(End of clause)

52.212-3 (alt 1) - Offeror Representations and Certifications -- Commercial Items (see attachment c)

52.217-4501, (FAR 52.217-9) OPTION TO EXTEND THE TERM OF THE CONTRACT (JUL 2003)

a. The Government may extend the term of this contract by written notice to the Contractor prior to expiration of the current contract period; provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend prior to the expiration date of the contract. The preliminary notice does not commit the Government to an extension.

b. If the Government exercises this option, the extended contract shall be considered to include this option provision.

c. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 1 month.

(End of clause)

52.217-4505 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to expiration of the contract performance period.

52.222-42 - Statement of Equivalent Rates for Federal Hires (May 1989) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

New Orleans (Jefferson Parish, LA):

WG-2 Equivalent, Step 2 (Non-Supervisory) Basic Pay = $10.39/hour

Health and Welfare = $3.50/hour

Paid Holidays per year = 10

(End of Clause)

52.223-11, Ozone-Depleting Substances

(a) Definition. “Ozone-depleting substance,” as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:

Warning Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

(End of Clause)

52.228-4500 LIABILITY TO THIRD PERSONS (APR 1997)

The contractor shall be responsible for and hold the Government harmless from all claims on the part of persons not a party to this contract for personal injury, death, and property loss or damage caused in whole or in part by the fault or negligence of the contractor, his officers, agents, or employees in the performance of work under this contract.

(End of Clause)

52.228-4501 VEHICLE OPERATION AND INSURANCE (DEC 2001)

a. All private-owned and Contractor-owned vehicles shall be properly licensed, insured and safety inspected in accordance with applicable federal, state and local regulations. The following automotive liability coverage is required:

(1) For Contractor-owned vehicles: Bodily injury $200,000 per person, $500,000 per occurrence; property damage $20,000 per occurrence.

(2) For privately-owned vehicles: Bodily injury and property damage insurance meeting requirements of state in which vehicle is registered.

b. Vehicles licensed or registered in a state which requires a mechanical safety inspection must display a valid inspection sticker.

c. All vehicles operating at the installation are subject to the installation traffic code, copies of which are available in the office of the installation Provost Marshal.

(End of Clause)

52.228-4501, VEHICLE OPERATION AND INSURANCE;

a. All private-owned and Contractor-owned vehicles shall be properly licensed, insured and safety inspected in accordance with applicable federal, state and local regulations. The following automotive liability coverage is required:

(1) For Contractor-owned vehicles: Bodily injury $200,000 per person, $500,000 per occurrence; property damage $20,000 per occurrence.

(2) For privately-owned vehicles: Bodily injury and property damage insurance meeting requirements of state in which vehicle is registered.

b. Vehicles licensed or registered in a state which requires a mechanical safety inspection must display a valid inspection sticker.

c. All vehicles operating at the installation are subject to the installation traffic code, copies of which are available in the office of the installation Provost Marshal.

(End of Clause)

52.228-4502 OTHER INSURANCE REQUIREMENTS (OCT 1995)

The contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance and shall furnish a certificate upon request by the Contracting Officer:

(1) Workmen's Compensation: As required by law of the State of LA.

(2) Employer's Liability: $100,000

(3) Comprehensive General Liability: $500,000 each occurrence.

(End of Clause)

52.232-4503 REMIT TO ADDRESS (OCT 1995)

Remit to address (if other than Contractor/Offeror address on the face of this contract):

Address:

Point of Contact for invoice inquiries: ____________________________________

Telephone Number: ___________________________________________________

52.233-4500 INDEPENDENT REVIEW OF AGENCY PROTESTS (APR 2004)

Offerors may submit their agency protest directly to the contracting officer or request an independent review at a level above the contracting officer. The independent review is available as an alternative to consideration of the agency protest by the contracting officer. The independent review is not an appeal of the contracting officer's decision on an agency protest.

Agency protests for consideration by the contracting officer must be submitted to the issuing office indicated on the face of the solicitation. Agency protests for consideration by a level above the contracting officer must be submitted to:

Defense Commissary Agency

ATTN: AM (Director, Contracting)

1300 E Avenue Fort Lee, Virginia 23801-1800

(End of clause)

52.233-2, Service of Protest

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Defense Commissary Agency

Attn: Michael G. Shaffer, Contracting Officer

Contracting Business Unit (AMDR)

1300 E. Avenue, Fort Lee, VA 23801-1800.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of clause)

52.252-1 Solicitation Provisions Incorporated by Reference This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these addresses:

http://www.arnet.gov/far http://farsite.hill.af.mil http://www.acq.osd.mil/dp/dars/dfars.html (End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.arnet.gov/far http://farsite.hill.af.mil http://www.acq.osd.mil/dp/dars/dfars.html (End of clause)

52.252-5, Authorized Deviations in Provisions

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any Defense Acquisition Regulation (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

52.252-6, Authorized Deviations in Clauses.

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Defense Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause)