HDEC0514T0006.doc

Section SF 1449 - CONTINUATION SHEET

Linen/Mat Rental

FFP

See attached linen spreadsheet(s) for unit/item pricing and estimated quantities.

Stores covered under this solicitation are listed in the below schedule.

Pricing Spreadsheets are at Attachment 2.

Stores covered under this contract will be determined at time of award. See scheduled start date chart for each location.

Base Period of Performance: July 1, 2014 - June 30, 2015

FOB: Destination

NET AMT

FFP

See attached linen spreadsheet(s) for unit/item pricing and estimated quantities.

Stores covered under this solicitation are listed in the below schedule.

Pricing Spreadsheets are at Attachment 2.

Stores covered under this contract will be determined at time of award. See scheduled start date chart for each location.

Option Period 1 Performance: July 1, 2015 - June 30, 2016

NET AMT

FFP

See attached linen spreadsheet(s) for unit/item pricing and estimated quantities.

Stores covered under this solicitation are listed in the below schedule.

Pricing Spreadsheets are at Attachment 2.

Stores covered under this contract will be determined at time of award. See scheduled start date chart for each location.

Option Period 2 Performance: July 1, 2016 - June 30, 2017

NET AMT

FFP

See attached linen spreadsheet(s) for unit/item pricing and estimated quantities.

Stores covered under this solicitation are listed in the below schedule.

Pricing Spreadsheets are at Attachment 2.

Stores covered under this contract will be determined at time of award. See scheduled start date chart for each location.

Option Period 3 Performance: July 1, 2017 - June 30, 2018

NET AMT

FFP

See attached linen spreadsheet(s) for unit/item pricing and estimated quantities.

Stores covered under this solicitation are listed in the below schedule.

Pricing Spreadsheets are at Attachment 2.

Stores covered under this contract will be determined at time of award. See scheduled start date chart for each location.

Option Period 4 Performance: July 1, 2018 - June 30, 2019

NET AMT

SCHEDULED START DATES

SCHEDULE AND DELIVERY LOCATIONS:

The scheduled start dates for this solicitation are staggered for each location as shown below depending on the end date of the current contract.

Orders will be placed orally and may increase or decrease during the term of the contract, without a modification to the contract, as determined necessary by the Commissary Store Director or their designee and authorized by the GPC card holder. Orders shall be placed verbally by the designated GPC cardholder at each service location.

AWARD CRITERIA

This solicitation contains multiple locations, an offeror may submit an offer on any one or more locations. Therefore multiple awards may result from this solicitation.

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

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal 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 division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

ADDENDUM TO FAR 52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

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

Offerors shall submit an original copy of the following documents, via email to Robert Stuyck at robert.stuyck@deca.mil, by the closing date and time as stated in the solicitation.

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

(2) Completed attached linen pricing spreadsheet at Attachment 2 with pricing for the base and all four option periods, for every item listed, for the location(s) on which you are submitting an offer. Contractor must provide pricing for every item listed on the linen attachment, even if the estimated quantity is zero. Although the commissary does not have a current requirement for those items, the prices entered for those items will be effective for any future requirements or quantity increases. However, un-balanced pricing will NOT be allowed.

If you are submitting an offer for multiple locations and the price will be the same for all locations, you may submit the pricing and locations on Attachment 3 – Multiple Locations Standard Pricing for All Locations.

SUBMIT pricing spreadsheet in both excel and pdf copy. Do not change or manipulate formulas on the excel spreadsheets.

NOTE: Where the quantity is zero each a multiplier of one (1) will be used for evaluation purposes only. This will be multiplied by maximum number of pickups authorized per week of 1 times 52 weeks. This will be done for each performance period of 12 consecutive months. This will become the offerors total evaluated price for that location. Ex: Blue Bib Aprons – 0 quantity x $0.00 would be converted to Blue Bib Aprons – 1 x $0.33 = $.33. This is to ensure there is no unbalanced pricing. All individual pricing will be evaluated for cost realism. Un-balanced pricing will not be allowed. All other quantities will be evaluated on the quantities given as the estimated usage quantity per week. See Statement of work regarding billing for weekly quantities delivered – not quantities in total inventory.

a. Weekly environmental fee if applicable is entered on Line Number 16.

b. Energy Surcharge percentage (if applicable for period of high-energy costs) is entered on Line Number 19. The percentage rate will be applicable to the rental total for the week.

c. Weekly lost/damage fee percentage is entered on Line Number 20. This fee will fund replacement costs for items lost or damaged by commissary personnel. The rate will be applied to the total rental fee, exclusive of the environmental fee and energy surcharge, if applicable. The fee will eliminate the need for billing for individual items and reconciliation of reasonable lost/damaged items at the end of the contract period(s).

d. If no pricing is entered for Lines a, b, and c above, it will be assumed the item or service is provided at no charge. No changes will be made to these costs after contract is awarded. These fees will be evaluated as part of the total contract cost for award purposes.

e. Pricing spreadsheet is provided in excel format with formulas to total weekly and annual costs. Any errors in the formulas for extended pricing will be verified and corrected upon evaluation of offers. Completed pricing spreadsheet(s) must be submitted in electronic format and a hard copy or pdf file.

(3) Prospective contractors shall complete electronic annual representations and certifications at https://www.acquisition.gov in conjunction with required registration in the System for Award Management (SAM) database prior to submission of the offer.

(4) Complete and return the following clauses:

- FAR Clause 52.209-7 Information Regarding Responsibility Matters (JULY 2013), Pages 9-10.

- DFARS Clause 252.209-7993 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under Any Federal Law (Feb 2014), Page 23–24.

(5) Submit the following information:

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

(b) Contractor’s E-Mail Address: _____________________________

(6) Technical and Past Performance Proposal Submission Requirements:

(a) Technical Capability – The offeror is required to provide the information below in a written statement to explain their technical capability. A written response is required for each item.

i. Ability to deliver and meet linen specifications in accordance with the Statement of Work.

1. Submit a written statement to explain your ability to deliver the types and quantities of garments as required by the Statement of Work.

2. Provide pictures and detailed specifications of the garment types your company is proposing for rental during the performance of this contract to include the size availability for each garment. Note: In the case that a sample of any proposed garment is requested, the contractor shall submit one non-returnable item to the Contracting Officer for evaluation purposes only.

(b) Past Performance References: Three (3) past performance references are requested to be submitted that are most similar to this proposal for work that you have performed in the past three years. The past performance references will be used to determine whether an offeror has relevant past performance. Performance will be evaluated based on timeliness, customer satisfaction, and business relations with your customers.

i. The attached past performance survey (Attachment 4) is to be completed and submitted directly from your reference, to the contracting office via email to robert.stuyck@deca.mil or by fax to 804-734-8009pp78658 (pp=pause pause).

ii. 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 Contracting Officer.

North American Industry Classification System (NAICS) Code applicable to this solicitation is 812332 and the Size Standard is $35.5 MIL. Per FAR 4.1201(a): Prospective contractors SHALL complete electronic annual representations and certifications (Reps & Certs), via the SAM website, and in conjunction with the required registration in the SAM database. Access can be done through 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)

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. COLLECTIVE BARGAINING AGREEMENTS (CBAs):

The contractor is required to submit all CBAs applicable to the facility providing service to the requested store location. The CBA is required to be completely signed.

If the CBA is currently in negotiation, an unsigned copy will suffice and must be submitted with the quote.

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 offeror'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.

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 @ 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).

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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 using Simplified Acquisition Procedures:

FACTOR 1

Technical Capability

a. Ability to deliver and meet linen specifications in accordance with the Statement of Work.

FACTOR 2

Past Performance

a. Performance

i. Timeliness

ii. Customer Satisfaction

iii. Business Relations

Note: A contractor that does not have past performance will be given a neutral rating for this factor.

FACTOR 3

Price: Price will be evaluated by multiplying the quantity of each item times the price times 52 weeks. The total for the base year’s pricing will be added to the pricing for all option periods. This will be the offerors total evaluated price.

Where the quantity is zero each a multiplier of one (1) will be used for evaluation purposes only. This will be multiplied by maximum number of pickups authorized per week of 1 times 52 weeks. This will be done for each performance period of 12 consecutive months. This will become the offerors total evaluated price for that location. Ex: Blue Bib Aprons – 0 quantity x $0.00 would be converted to Blue Bib Aprons – 1 x $0.33 = $.33. This is to ensure there is no unbalanced pricing. All individual pricing will be evaluated for cost realism. Un-balanced pricing will not be allowed.

The price for each location will be evaluated separately. An Offeror may provide a proposal on more than one location; therefore, there is a possibility of receiving an award for one or more locations.

Award will be made to the Lowest Priced Technically Acceptable (LPTA) Offeror

Technical Capability and Past Performance, when combined, are Equal to Price.

An offeror must be found acceptable in all sub-factors to be eligible for award.

(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 www.acquisition.gov:

(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 https://www.acquisition.gov, or by contacting the point of contact identified on the face of this document.

CLAUSES INCORPORATED BY FULL TEXT

ADDENDUM TO FAR 52.212-4

CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

The following paragraphs are altered or added:

c. Changes: 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 or changes to the accounting and appropriation data.

g. Invoices: Invoices must contain the company name and address as it appears on the contract or in the remit to address and must contain, as a minimum, the following information:

1. Name and address of the contractor

2. Invoice date and invoice number

3. Contract/Purchase Order Number

4. Description, quantity, unit of measure, unit price and extended price

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.

i. Payment Information: The method of payment for award is the Government Purchase Card (GPC) via an authorized Government credit card user located at the commissary.

Partial payments are authorized for each performance period. Payments will be made once per month. The contractor must submit a monthly invoice to the Commissary. An authorized government credit card user will provide a Credit Card Payment Authorization Form (by FAX or email) to the billing office. The contractor is permitted to charge ONLY the amount authorized on the Credit Card Payment Authorization. The contractor is not permitted, under any circumstances, to charge any amount other than the amount authorized on the Credit Card Payment Authorization. No advance or automatic payments are authorized.

The amount of total payment will be based upon the following:

1. Weekly rental rate invoiced. Weekly quantity is the quantity being rented, which includes cost of cleaning. Charges are based on the weekly quantity available for use (i.e. delivered items only). Items not used, but available for use at the commissary are eligible for charge and, if billed, will be paid at the same rate as if used. Exception for items that are assigned to specific individuals (i.e. Butcher shirts and pants.)

2. Weekly fee for environmental charges, if such charges are included as part of this contract.

3. Weekly fees for lost and damaged items.

4. Deductions will be made for unacceptable items, items not requested by the store, or erroneous billing. Contractor is required to obtain a signature on a delivery receipt/ticket from an authorized commissary representative at time of delivery.

The contractor will not be paid in excess of the amount set forth in the Schedule of Supplies/Services for the corresponding linen listing attachment.

r. 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/oasam/programs/osdbu/sbrefa/poster/matrix.htm.

1. Notice to Employees Working on Government Contracts

2. Fair Labor Standards Act)

3. Equal Employment Opportunity is the Law

4. Employee Rights Under the National Labor Relations Act (contracts > SAT)

If you are unable to obtain a copy of the applicable posters at the above web site, please contact the Contract Administrator identified on page one of this award document.

t. ELECTRONIC DOCUMENT ACCESS (EDA):

This award document and any subsequent modifications will be posted to the Department of Defense Electronic Document Access (EDA) system. Contractors must obtain copies of all contract documents through EDA by registering as a “Vendor” at http://eda.ogden.disa.mil. Assistance in registering in EDA is available online, via e-mail at cscassig@csd.disa.mil or by phoning the EDA Help Desk toll free at 866-618-5988 (801-605-7095).

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2014)

(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 clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) 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) (41 U.S.C. 3509).

(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) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (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 .Chapter 67).

(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. Chapter 67).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. Chapter 67).

(xii) 52.222-54, Employment Eligibility Verification (E.O. 12989) (Jul 2012).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 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)

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52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA OR INFORMATION OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010)—ALTERNATE IV (OCT 2010)

(a) Submission of certified cost or pricing data is not required.

(b) Provide data described below:

Appropriate data on the prices at which the same item or similar items have previously been sold, established catalog pricing or current market prices or sales to other government and non-governmental entities.

(End of provision)

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52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Indefinite Delivery Requirements contract resulting from this solicitation.

(End of provision)

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52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one (1), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of quantity 1,000;

(2) Any order for a combination of items in excess of quantity 5,000; or

(3) A series of orders from the same ordering office within seven (7) days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within one (1) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

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52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after June 30, 2019.

(End of clause)

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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.

(End of clause)

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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 within 30 days prior to expiration of current contract period; insert the period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days prior to the expiration of current contract period. 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)

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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

See consolidated Equivalent Rate Table

(End of clause)

52.222-4503 CONSOLIDATED WAGE DETERMINATION (FEB 2011)

The DOL wage determinations required for this solicitation and any resulting contract are incorporated by reference with full force and effect as required by FAR 52.222-41, Service Contract Act of 1965, as Amended (for commercial items see FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items, paragraph (c)(1)). The applicable wage determinations are listed in the attached consolidated wage determination. If there is any discrepancy between the consolidated wage determination and the DOL wage determination, the DOL wage determination shall prevail. Copies of the applicable wage determinations are available at www.wdol.gov . If you are unable to obtain a copy of the WD from this site, please contact the issuing office identified in Block 9 of the SF 1449 or Block 7 of the SF 33.

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 for commissaries listed for this requirement. applicable states

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

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

52.233-2 SERVICE OF PROTEST (SEP 2006)

(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: LEAAS – Loria Samples Hile

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 provision)

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:

Director, Acquisition Management

Defense Commissary Agency

ATTN: LEA

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 this/these address(es):

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 this/these address(es):

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

(End of clause)

252.209-7993 (DEV) REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—FISCAL YEAR 2014 APPROPRIATIONS (DEVIATION 2014-OO0009) (FEB 2014)

(a) In accordance with sections 8113 and 8114 of the Department of Defense Appropriations Act, 2014, and sections 414 and 415 of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2014 (Public Law 113-76, Divisions C and J), none of the funds made available by those divisions (including Military Construction funds) 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; or

(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)

252.215-7008 ONLY ONE OFFER (OCT 2013)

(a) After initial submission of offers, the Offeror agrees to submit any subsequently…