HDEC0512T0039.doc

Section SF 1449 - CONTINUATION SHEET

Refuse Removal Services-C.E. Kelly

FFP

Refuse Removal Services for C. E. Kelly Commissary

Contractor shall provide all labor, materials, equipment, transportation and other items and services necessary to remove/dispose of refuse for the C.E. Kelly Commissary in accordance with the attached Statement of Work (SOW).

Location:

C.E. Kelly Commissary

1 Carey Road

Oakdale, PA 1507-5020

Commissary Points of Contact:

Store Director: Wayne Trotter (724) 693-2463

Secretary/Supply: Valerie Metz (724) 693-2463

Base Period: July 1, 2012 through June 30, 2013

FOB: Destination

PURCHASE REQUEST NUMBER: HQCNFA21160000000

NET AMT

0001AA

Refuse Removal/Disposal

Refuse Removal per SOW, per Month____________

NET AMT

0001AB

Refuse Removal/Disposal Extra Pickups

Special Event Extra Pickups (if required), Not-to-Exceed Three (3) per 12 Month Period

Price per Pickup____________

NET AMT

0001AC

30-40 Cu Yd Rolloff Container Rental

One Week Rental of ______ Cubic Yard Rolloff Container Twice per 12 Month Period

Base Price ________ for up to _______ Tons;

Price per Ton above the Base Price Ton Limit ________

Maximum Price _______for a Maximum________ Tons.

NET AMT

FFP

Refuse Removal Services for C. E. Kelly Commissary

Contractor shall provide all labor, materials, equipment, transportation and other items and services necessary to remove/dispose of refuse for the C.E. Kelly Commissary in accordance with the attached Statement of Work (SOW).

Location:

C.E. Kelly Commissary

1 Carey Road

Oakdale, PA 1507-5020

Commissary Points of Contact:

Store Director: Wayne Trotter (724) 693-2463

Secretary/Supply: Valerie Metz (724) 693-2463

Option One Period: July 1, 2013 through June 30, 2014

NET AMT

1001AA

FFP

NET AMT

1001AB

FFP

Special Event Extra Pickups (if required), Not-to-Exceed Three (3) per 12 Month Period

NET AMT

1001AC

FFP

One Week Rental of ______ Cubic Yard Rolloff Container Twice per 12 Month Period

Base Price ________ for up to _______ Tons;

Price per Ton above the Base Price Ton Limit ________

NET AMT

FFP

Refuse Removal Services for C. E. Kelly Commissary

Contractor shall provide all labor, materials, equipment, transportation and other items and services necessary to remove/dispose of refuse for the C.E. Kelly Commissary in accordance with the attached Statement of Work (SOW).

Location:

C.E. Kelly Commissary

1 Carey Road

Oakdale, PA 1507-5020

Commissary Points of Contact:

Store Director: Wayne Trotter (724) 693-2463

Secretary/Supply: Valerie Metz (724) 693-2463

Option Two Period: July 1, 2014 through June 30, 2015

NET AMT

2001AA

FFP

NET AMT

2001AB

FFP

Special Event Extra Pickups (if required), Not-to-Exceed Three (3) per 12 Month Period

NET AMT

2001AC

FFP

One Week Rental of ______ Cubic Yard Rolloff Container Twice per 12 Month Period

Base Price ________ for up to _______ Tons;

Price per Ton above the Base Price Ton Limit ________

NET AMT

FFP

Refuse Removal Services for C. E. Kelly Commissary

Contractor shall provide all labor, materials, equipment, transportation and other items and services necessary to remove/dispose of refuse for the C.E. Kelly Commissary in accordance with the attached Statement of Work (SOW).

Location:

C.E. Kelly Commissary

1 Carey Road

Oakdale, PA 1507-5020

Commissary Points of Contact:

Store Director: Wayne Trotter (724) 693-2463

Secretary/Supply: Valerie Metz (724) 693-2463

Option Three Period: July 1, 2015 through June 30, 2016

NET AMT

3001AA

FFP

NET AMT

3001AB

FFP

Special Event Extra Pickups (if required), Not-to-Exceed Three (3) per 12 Month Period

NET AMT

3001AC

FFP

One Week Rental of ______ Cubic Yard Rolloff Container Twice per 12 Month Period

Base Price ________ for up to _______ Tons;

Price per Ton above the Base Price Ton Limit ________

NET AMT

FFP

Refuse Removal Services for C. E. Kelly Commissary

Contractor shall provide all labor, materials, equipment, transportation and other items and services necessary to remove/dispose of refuse for the C.E. Kelly Commissary in accordance with the attached Statement of Work (SOW).

Location:

C.E. Kelly Commissary

1 Carey Road

Oakdale, PA 1507-5020

Commissary Points of Contact:

Store Director: Wayne Trotter (724) 693-2463

Secretary/Supply: Valerie Metz (724) 693-2463

Option Four Period: July 1, 2016 through June 30, 2017

NET AMT

4001AA

FFP

NET AMT

4001AB

FFP

Special Event Extra Pickups (if required), Not-to-Exceed Three (3) per 12 Month Period

NET AMT

4001AC

FFP

One Week Rental of ______ Cubic Yard Rolloff Container Twice per 12 Month Period

Base Price ________ for up to _______ Tons;

Price per Ton above the Base Price Ton Limit ________

NET AMT

FFP

One-Month Rental of 30-40 Cubic Yard Rolloff Container and Not-to-Exceed 10 Disposal Pickups.

Period of Performance is Dependent upon Date of Store Closure. Rental will be After Store is Closed to Commissary Patrons.

NET AMT

5001AA

FFP

_______ Cubic Yard Roll-off Container Rental for ONE MONTH.

Price for MONTH Rental___________

NET AMT

5001AB

FFP

_____ Cubic Yard Rolloff Pickups, Not-to-Exceed 10 Pickups within One-Month Rental Period

Base Price ________ for up to _______ Tons;

Price per Ton above the Base Price Ton Limit ________

NET AMT

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-4500

INSTALLATION ACCESS REQUIREMENTS (JAN 31 2012)

The contractor shall be responsible for ensuring full compliance with all installation access procedures. Installation access includes, but is not limited to, obtaining applicable installation passes and inspections for vehicles and personnel. Contractor employees may also be subject to background security checks/clearances in order to obtain credentials for passes. Some installations are using programs, such as RAPIDGate, which may result in a cost to the contractor. Any costs associated with such programs or with obtaining passes, will not be reimbursed separately and should be included in the contractor's proposed pricing for the product or services being acquired.

CLAUSES INCORPORATED BY FULL TEXT

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

I. SUBMISSION OF QUOTES: Reference 52.212-1 Paragraph (b)

North American Industry Classification System (NAICS) Code applicable to this solicitation is 562111 and the Size Standard is $12.5 mil average annual gross revenue.. Per FAR 4.1201(a): Prospective contractors SHALL complete electronic annual representations and certifications (Reps & Certs), via the ORCA website, and in conjunction with the required registration in the Central Contractor Registration (CCR) database. Both sites may be accessed at https://www.acquisition.gov. Your Reps and Certs must include the NAICS applicable to this solicitation document and indicate your organization’s business size status.

If the size determination is based on average annual gross revenue, the method for determining business size status is based on the company’s average annual gross revenues for the last three fiscal years. Organizations whose average annual gross revenues exceed the size standard of this solicitation are considered large businesses. [Additional definition is available by searching 13CFR121 at http://www.gpoaccess.gov/cfr/index.html] (13 CFR 121.104 )

Quoters shall submit an original copy of the following documents:

(1) Standard Form 1449, Solicitation/Contract/Order for Commercial items, page 1, Blocks 17a, 17b (if applicable), 30a, 30b, 30c completed and signed by an authorized representative on behalf of the quoter. Discount terms, if any, in Block 12.

(2) Schedule of Supplies - Complete each of the Contract Line Item Numbers (CLINs) for the Base Period and for each of the Option Periods.

(3) Prospective contractors shall complete electronic annual representations and certifications at http://orca.bpn.gov in conjunction with required registration in the Central Contractor Registration (CCR) database.

(4) Complete and return DFARS clause 252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (DEV JAN 2012).

(5) Submit the following information:

(a) Dun and Bradstreet (DUNS) or DUNS + 4 Number: _______________________________

(b) Contractor E-Mail Address: ___________________________________________________

(6) Past Performance References: Three (3) past performance references must be submitted that are most similar to the work of this solicitation that you have performed in the past three years. Submit the names of the 3 companies who will be providing your reference. The reference must complete and submit the attached survey directly to the contracting office listed on the survey.

The attached past performance survey (Attachment 1) must be completed and submitted directly, from your reference, to the contracting office via email to barbara.wright@deca.mil or faxed to 804-734-8009 pp 78599 (pp=pause pause; which is the pause button on your fax machine).

Past performance references must be submitted by the closing date of the solicitation. Surveys provided directly by the offeror will not be considered.

DeCA reserves the right to consider any other past performance information available to the Government such as PPIRS or other databases.

II. PERIOD FOR ACCEPTANCE OF QUOTES: Reference 52.212-1 Paragraph(c)

The Government requires a minimum acceptance period of 90 calendar days in lieu of the 30 calendar days as specified in FAR 52.212-1(c), Period of Acceptance of Quotes. The Government will not award a contract to a quoter allowing less than the Government’s minimum acceptance period.

III. SITE VISIT:

A site visit to access the facilities may be scheduled by calling the point(s) of contact listed in the Item No description located at the commissary. [(Reference 52.237-1 Site Visit (April 1984)]

IV. NOTICE OF AWARD:

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 offerors 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.

IMPORTANT NOTICE

Upon award of this contract, the Agency intends to make available to the public the total contract award amount, as well as any awarded individual contract line item pricing (CLIN and Sub-CLIN) either by posting within the Agency's electronic reading room located at www.commissaries.com or upon request.

Unexercised Option year prices will not be published.

This action is being taken to ensure contract award information is available to the general public, as it was in the past, pursuant to the President’s January 21, 2009 memorandum regarding the Freedom of Information Act (FOIA).

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:

The following factors shall be used to evaluate offers:

1. Past Performance

a. Timeliness of Performance

b. Customer Satisfaction/Quality of Service

c. Business Relations

2. Price (will be evaluated by adding the total price for the Base Year to the total price for all option periods)

Past Performance is equal to price.

(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

Addendum to 52.212-3 Alt 1

FAR provision 52.212-3 (Alt 1), Offeror Representations and Certifications – Commercial Items, is incorporated by reference in this solicitation. The offeror verifies by submission of this offer that the representation and certifications currently posted electronically at ORCA:

(1) Have been entered or updated in the last 12 months;

(2) Are current, accurate, complete, and applicable to this solicitation; and

(3) Include the business size standard applicable for the NAICS code referenced in this solicitation.

A full copy of 52.212-3 (Alt 1) is available at the ORCA website, at https://www.acquisition.gov/far/index.html, or by contacting the point of contact identified on the face of this document.

ADDENDUM TO FAR 52.212-4

CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

Addendum 52.212-4 (Contract Terms and Conditions – Commercial):

I. CHANGES: Reference 52.212-4 Paragraph (c)

a. Unilateral Modifications: The Government may issue unilateral written administrative modifications that do not affect the substantive rights of the parties. Examples of administrative modifications are corrections in the payment office address, changes to the accounting and appropriation data, and addition of funds.

b. Bilateral Modifications. Services may be added to or deleted from this contract at the option of the Government. Any change in service must be added to this contract prior to service being performed and will be accomplished by bilateral modification. Services performed outside the dates or scope of this contract will not be reimbursed by the Government.

II. INVOICES: Reference 52.212-4 Paragraph (g)

If, at any time during the performance of this contract, the company name changes or assets involving this service are sold to another company, the contract administration office must be notified prior to change of name or closing of sale to ensure actions required by the Federal Acquisition Regulation Part 42.12 are completed. Failure to notify this office in advance of the change may result in delay of payment.

III. PAYMENT INFORMATION: Reference 52.212-4 Paragraph (i)

a. The contractor will not be paid in excess of the amount set forth in the Schedule of Supplies/Services for the corresponding CLIN (Contract Line Item Number).

b.

Electronic Invoicing - Contractor/Vendor Responsibility:

All invoices shall be submitted electronically to DFAS Columbus via https://wawf.eb.mil/ in accordance with DFARS Clause 252.232-7003, Electronic Submission of Payment Requests AND Receiving Reports (MAR 2008). The full text of this clause can be found at http://farsite.hill.af.mil/.

Below is information you will need to complete the electronic WAWF Combo Invoice:

1. INVOICE TYPE: This contract requires the type of invoice to be used as “Invoice and Receiving Report (Combo)”.

2. PAY DoDAAC: HQ0131, located in Block 18a of contract.

3. ADMIN DoDAAC: HDEC05, Located in Block 9 of contract.

4. Inspect by DoDAAC and Ship to DoDAAC: HQCNFA – C. E. Kelly [Refers to the DoDAAC of the receiver of the goods/services, which is located in block 15 of the contract.

5. INSPECTION AND ACCEPTANCE: Both are Destination

6. SHIPMENT NO: Please use your invoice number in the shipment number field.

7. LINE ITEM NO: Must match the CLIN number on the contract.

PAYMENT QUESTIONS: Payment Status can be obtained by checking the Misc Info Tab on your invoice in WAWF and/or on the MyInvoice link at https://myinvoice.csd.disa.mil/index.html.

Payment questions may be addressed to DFAS Customer Service (Columbus OH) at 800-756-4571, option 2, option 2.

Technical Assistance with WAWF: Ogden Help Desk, 1-866-618-5988, Opt 2, Opt 3

STORE: After you sign the receiving report in WAWF, add the email address of the contracting POC; barbara.wright@deca.mil to generate a copy of the receiving report to the POC.

IV. LABOR POSTERS

Clause at 52.222-41, Service Contract Act of 1965, as amended, is applicable to the services performed under this contract. The contractor is responsible for obtaining and posting the following publications available at http://www.dol.gov/osbp/sbrefa/poster/matrix.htm:

1. Employee Rights on Government Contracts (WHD Publication 1313)

2. Employee Rights under Fair Labor Standards Act (WHD Publication 1088)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (APR 2012) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) Reserved.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

___ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.215-5 FACSIMILE PROPOSALS (OCT 1997)

(a) Definition. Facsimile proposal, as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: (804) 734-8009 (pause) (pause) 76093 ((pause) indicates pressing the pause button on the fax machine).

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document--

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

(End of provision)

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 the expiration of the contract performance period.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor at least 30 days prior to expiration of the contract period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. 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 clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(End of clause)

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

Employee Class Monetary Wage-Fringe Benefits

Refuse Collector WG 4-2 $17.37

Truck Driver, Light WG 6-2 $19.81

Truck Driver, Medium WG 7-2 $21.05 (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.

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.

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 Pennsylvania

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

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

52.233-4500 INDEPENDENT REVIEW OF AGENCY PROTESTS (NOV 2011)

Offerors/bidders 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: LEA (HQ Acquisition)

1300 E Avenue

Fort Lee, Virginia 23801-1800

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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 these addresses:

http://farsite.hill.af.mil/ https://www.acquisition.gov/comp/far/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

(End of provision

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 these addresses:

http://farsite.hill.af.mil/ https://www.acquisition.gov/comp/far/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

(End of clause)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(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 Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(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 Defemse Federal Acquisition Regulation Supplement (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)

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012)

(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012,(Pub. L. 112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ___ ] is not [ ___ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (DEC 2010) (DEVIATION)

(a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5) (OCT 2010) (DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

252.237-7010

252.237-7019 Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84).

Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375).

(End of clause)

WAGE DETERMINATIONS

REGISTER OF WAGE DETERMINATIONS UNDER |U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2005-2451

Diane C. Koplewski Division of | Revision No.: 14

Director Wage Determinations| Date Of Revision: 06/13/2011

States: Ohio, Pennsylvania

Area: Ohio Counties of Belmont, Harrison, Jefferson, Tuscarawas

Pennsylvania Counties of Allegheny, Armstrong, Beaver, Bedford, Blair, Butler, Cambria, Cameron, Centre, Clarion, Clearfield, Clinton, Crawford, Elk, Erie, Fayette, Forest, Fulton, Greene, Huntingdon, Indiana, Jefferson, Lawrence, McKean, Mercer, Potter, Somerset, Venango, Warren, Washington, Westmoreland

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE

RATE

31000 - Transportation/Mobile Equipment Operation Occupations

31361 - Truckdriver, Light

14.65

31362 - Truckdriver, Medium

17.07

99000 - Miscellaneous Occupations

99730 - Refuse Collector

16.68

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $3.59 per hour or $143.60 per week or $622.27 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 8 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4174)

STATEMENT OF WORK

STATEMENT OF WORK

TRASH REMOVAL AND DISPOSAL

1. CONTRACTOR’S RESPONSIBILITY: The contractor shall provide all personnel, supervision, equipment, tools, parts, transportation, and other items necessary to perform removal, pickup and disposal off trash at the commissary location(s) covered by this contract.

The contractor is required to provide container(s) in accordance with the Equipment paragraph below.

Contractor is required to comply with all local, state and federal regulations applicable to the removal, transportation and disposal of solid waste. All charges pertaining to the removal and transportation including but not limited to maintaining, emptying, transporting and dumping such containers and all state and local feed for the proper disposal of the waste shall be included in the contractor’s price for this solid waste services.

The contractor shall pickup from the facilities based on the frequency schedule identified below and in the schedule to this contract with the exception of holidays specified in the contract. Pickups for the CE Kelly commissary shall be made on Tuesdays, Thursdays and Saturdays during the normal business hours of the commissary, as stated in the contract and shall not interfere with the normal commissary operations.

The contractor shall be responsible for the cleaning of any spillage that occurs during the transport of the solid waste from the commissary location as well as in and around all facility(s), roads and highways while in route to the solid waste disposal location.

2. NOTIFICATION: Within 10 days of contract award, the contractor shall provide the Store Director* with a point of contact and phone number to receive service calls. The contractor’s representative shall coordinate with the Store Director for services under this contract.

3. PERSONNEL: Contractor personnel must be recognizable while on Government property by means of uniform or identification badge or patch.

4. COMPLIANCE WITH ENVIRONMENTAL PROTECTION AGENCY (EPA) AND ASSOCIATED FEES: 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 applicable to removal, transportation and disposal of refuse. Disposal shall be at an off-base location. The Government will assume no liability or responsibility for the Contractor’s compliance or noncompliance with such responsibilities. All charges pertaining to providing, maintaining, emptying, transporting and dumping containers and refuse shall be included in the contactor’s price for services.

5. EQUIPMENT: The contractor shall provide all equipment necessary for the performance of this contract. All covered dumpsters and roll-offs shall meet industry standards and shall be leak proof and free of rust. The lids shall be counter-balances, odor-sealing, easy to open and close and in good working condition. For this contract two types of containers are required.

For normal solid waste pickups the contractor is required to provide one (1) 8 cubic yard containers OR a mix of containers that will not exceed 1,248 cubic yards of capacity for a 12 month period. Formula for calculating the 12-month total capacity is: 8 cubic yards multiplied by three (3) pickups per week equals 24 cubic yards; 24 cubic yards multiplied by 52 weeks equals 1,248 cubic yards total per 12 months.

The contractor shall also provide a roll off container for a period of one week twice during each year of performance. The roll off container shall be at least 30 cubic yards, but no more than 40 cubic yards.

The contractor shall also provide a roll off container for a period of one month from the date of store closing to be used for purposes of cleaning out the store and disposing of the final trash from the store. The roll off container shall be at least 30 cubic yards, but no more than 40 cubic yards. The contractor will be required to empty the roll off on an on-call basis but should not exceed 10 times during this clean up period.

6. SANITATION AND MAINTENANCE: All equipment, including trucks, roll-offs and covered dumpsters, will be kept in clean and well-maintained condition. The contractor shall thoroughly wash all refuse collection containers with steam, soap or detergent and water in accordance with industry and OSHA standards to preclude unsanitary conditions. Containers shall be free of unpleasant odor, dirt and debris. Cleaning shall be performed as often as necessary to prevent an unsanitary environment.

a. Missing or deteriorated containers (i.e., excessive rust, lids not operating properly, exterior damage, etc.) will be replaced by the contractor at no additional cost to the government. In addition, the contractor shall furnish replacement dumpsters or roll-off containers for each one that is removed for maintenance or repair.

b. The contractor shall not collect or dispose of any material which has obvious value and appears to have been inadvertently placed near the collection point unless such material is designated as refuse by the Store Director.

7. VEHICLES: The contractor shall provide all vehicles required to fulfill the requirement. Vehicles shall be in operable condition; meet all local, state and federal safety requirements; painted or present a neat appearance; and shall bear the contractor’s name on both sides. The contractor is responsible for obtaining pass/identification forms and ID from the installation and shall comply with posted speed limits and base safety regulations while on post grounds.

8. EXTRA COLLECTIONS: The contractor may be required to make extra refuse collections as a result of holidays, special events, etc. The extra collections shall be made within 24 hours after notification by the Contracting Officer or Store Director. The contractor shall be reimbursed for extra collections at the rate specified in the schedule/contract. Pickups will not exceed 3 (three) per year and capacity will not exceed 24 cubic yards per year.

9. INCLEMENT WEATHER SCHEDULE: The contractor shall collect refuse during the periods of inclement weather. Exceptions to this may be authorized by the Store Director in cases of unduly severe weather. When exceptions are granted, the contractor shall accomplish all collections for each day missed within 24 hours after the severe weather has terminated. Rescheduling to provide make-up collections shall not be a basis for a claim by the contractor for additional compensation.

10. MISSED PICK-UPS: The contractor shall be required to collect refuse at missed pick-up points at no additional cost to the government. Such collections shall be within 24 normal working hours after notification by the Store Director or designated representative.

11. Reporting Requirements. The contractor is responsible for signing a DeCA Form 70-61 for each pickup at the store. The 70-61 will indicate the number of containers that were dumped and the fill rate of those containers. The contractor shall retain a copy of the document and the store shall retain a copy of the document for their store records. The contractor shall provide a monthly report to the contracting office indicating the number of cubic yards of material that was picked up from the commissary.

*NOTE: Store Director is intended to include the Store Director’s authorized representative.

ATTACHMENT 1

DEFENSE COMMISSARY AGENCY

Past Performance Survey

Refuse (Trash) Removal HDEC05-12-T-0039

SURVEY MUST BE RETURNED BY 03:00 PM, MAY 29, 2012

Date: ________________________________

Company's Name being surveyed: _________________________________________________

Your company name: ____________________________________________________________

Your Name: ________________________________ Phone No._________________________

Type of services you received from surveyed company__________________________________

Please circle a number from 1 to 5 that reflects the company’s service.

Written comments or additional details would be appreciated.

1. How would you rate the company's timeliness to perform service? (Do they seem efficient; Do they pickup at the time and/or days requested by your company)?

1 (Very Poor) 2 (Poor) 3 (Average) 4 (Good) 5 (Excellent)

Comments:

2. How frequently does the company NOT show up at all for pickups/deliveries?

1 (Always) 2 (Often) 3 (Sometimes)

4 (Rarely) 5 (Never)

Comments:

3. If a scheduled pickup was missed, did they notify you in advance and/or reschedule?

1 (Never) 2 (Rarely) 3 (Sometimes)

4 (Often) 5 (Always)

Comments:

4. When completed, is the area and containers clean and free of debris?

1 (Never) 2 (Rarely) 3 (Sometimes)

4 (Often) 5 (Always)

Comments:

5. How would you rate the company’s invoicing/billing system? (Are invoices complete and accurate? Do you have to contact the company for corrections?)

1 (Very Poor) 2 (Poor) 3 (Average) 4 (Good) 5 (Excellent)

Comments:

6. Overall, how would you rate your experience with this company?

Poor

Below

Average Above

Excellent

Average

Average

7. Would you hire them again for similar work?

Definitely Doubtful Maybe

Probably Definitely

Not

Yes

Yes

Comments:_____________________________________________________________________________

Thank you very much for helping us by filling out this survey!

RETURN SURVEY TO BARBARA WRIGHT AT

Barbara.wright@deca.mil Questions?

Barbara Wright, Contract Specialist, Defense Commissary Agency, Fort Lee, VA, 23801 (804) 734-8000, Extension 86093, Email Fax (804) 734-8009 (pause) (pause) 76093; Fax (804) 734-8669