HDEC05-14-T-0046.doc

Section SF 1449 - CONTINUATION SHEET

Snow Removal - Harrison Village

FFP

Contractor to furnish all supervision, personnel, labor, equipment, supplies, materials, transportation and any other items necessary to perform snow removal and salt treatment service for the parking lot, sidewalks, access road, and loading dock areas at the Harrison Village Commissary in accordance with the attached Statement of Work.

Base Period: October 1, 2014 through September 30, 2015

Address Location:

Harrison Village Commissary

9702 East 59th Street

Indianapolis IN 46216-6800

POC: Alfreda Payne-Stewart (317) 610-7202 x3104

Email: Alfreda.payne-stewart@deca.mil

Store Director: Sharon Harris (317) 610-7202 x3112

Email: Sharon.harris@deca.mil

FOB: Destination

PURCHASE REQUEST NUMBER: HQCCAJ40350001000

NET AMT

0001AA

Snow Removal - 2" or more of snow

Contractor to perform snow removal as necessary when there is 2 or more inches of snow, prior to store opening at 7:00 am Tuesday - Sunday, and any other time deemed necessary by the store director on an on call basis.

A.

Hourly Charge:

$______________x EST 30 hours = $________________________(A)

B.

Trip Charge:

$______________x EST 10 trips = $_________________________(B)

Total: $_______________(A+B)

The above hours and trips are estimated amounts for evaluation purposes only and are not to be construed as guaranteed quantities or actual number of hours or trips. Actual quantities will be based on actual usage.

The government will insert a Not To Exceed (NTE) amount at the time of award based on the estimated amount.

NET AMT

0001AB

Salt Treatment

Contractor to perform salt treatment as necessary to prevent ice, prior to store opening at 7:00 am, Tuesday – Sunday, and any other time deemed necessary by the store director on an on call basis.

A.

Salt Treatment; Price Per Application:

$____________________x EST 20 app. = $_____________(A)

B. Trip Charge (only if performed other than w/snow removal above):

$_____________________________xEST 5 trips = $_______________(B)

Total: $______________________(A + B)

The above hours and trips are estimated amounts for evaluation purposes only and are not to be construed as guaranteed quantities or actual number of hours or trips. Actual quantities will be based on actual usage.

The government will insert a Not To Exceed (NTE) amount at the time of award based on the estimated amount.

NET AMT

FFP

Contractor to furnish all supervision, personnel, labor, equipment, supplies, materials, transportation and any other items necessary to perform snow removal and salt treatment service for the parking lot, sidewalks, access road, and loading dock areas at the Harrison Village Commissary in accordance with the attached Statement of Work.

First Option Period: October 1, 2015 through September 30, 2016

Address Location:

Harrison Village Commissary

9702 East 59th Street

Indianapolis IN 46216-6800

POC: Alfreda Payne-Stewart (317) 610-7202 x3104

Email: Alfreda.payne-stewart@deca.mil

Store Director: Sharon Harris (317) 610-7202 x3106 email: sharon.harris@deca.mil

NET AMT

1001AA

FFP

Contractor to perform snow removal as necessary when there is 2 or more inches of snow, prior to store opening at 7:00 am Tuesday - Sunday, and any other time deemed necessary by the store director on an on call basis.

A.

Hourly Charge:

$______________x EST 30 hours = $________________________(A)

B.

Trip Charge:

$______________x EST 10 trips = $_________________________(B)

Total: $_______________(A+B)

The above hours and trips are estimated amounts for evaluation purposes only and are not to be construed as guaranteed quantities or actual number of hours or trips. Actual quantities will be based on actual usage.

The government will insert a Not To Exceed (NTE) amount at the time of award based on the estimated amount.

NET AMT

1001AB

FFP

Contractor to perform salt treatment as necessary to prevent ice, prior to store opening at 7:00 am, Tuesday – Sunday, and any other time deemed necessary by the store director on an on call basis.

A.

Salt Treatment; Price Per Application:

$____________________x EST 20 app. = $_____________(A)

B. Trip Charge (only if performed other than w/snow removal above):

$_____________________________xEST 5 trips = $_______________(B)

Total: $______________________(A + B)

The above hours and trips are estimated amounts for evaluation purposes only and are not to be construed as guaranteed quantities or actual number of hours or trips. Actual quantities will be based on actual usage.

The government will insert a Not To Exceed (NTE) amount at the time of award based on the estimated amount.

NET AMT

FFP

Contractor to furnish all supervision, personnel, labor, equipment, supplies, materials, transportation and any other items necessary to perform snow removal and salt treatment service for the parking lot, sidewalks, access road, and loading dock areas at the Harrison Village Commissary in accordance with the attached Statement of Work.

Second Option Period: October 1, 2016 through September 30, 2017

Address Location:

Harrison Village Commissary

9702 East 59th Street

Indianapolis IN 46216-6800

POC: Alfreda Payne-Stewart (317) 610-7202 x3104

Email: Alfreda.payne-stewart@deca.mil

Store Director: Sharon Harris (317) 610-7202 x3106

Email: sharon.harris@deca.mil

NET AMT

2001AA

FFP

Contractor to perform snow removal as necessary when there is 2 or more inches of snow, prior to store opening at 7:00 am Tuesday - Sunday, and any other time deemed necessary by the store director on an on call basis.

A.

Hourly Charge:

$______________x EST 30 hours = $________________________(A)

B.

Trip Charge:

$______________x EST 10 trips = $_________________________(B)

Total: $_______________(A+B)

The above hours and trips are estimated amounts for evaluation purposes only and are not to be construed as guaranteed quantities or actual number of hours or trips. Actual quantities will be based on actual usage.

The government will insert a Not To Exceed (NTE) amount at the time of award based on the estimated amount.

NET AMT

2001AB

FFP

Contractor to perform salt treatment as necessary to prevent ice, prior to store opening at 7:00 am, Tuesday – Sunday, and any other time deemed necessary by the store director on an on call basis.

A.

Salt Treatment; Price Per Application:

$____________________x EST 20 app. = $_____________(A)

B. Trip Charge (only if performed other than w/snow removal above):

$_____________________________xEST 5 trips = $_______________(B)

Total: $______________________(A + B)

The above hours and trips are estimated amounts for evaluation purposes only and are not to be construed as guaranteed quantities or actual number of hours or trips. Actual quantities will be based on actual usage.

The government will insert a Not To Exceed (NTE) amount at the time of award based on the estimated amount.

NET AMT

FFP

Contractor to furnish all supervision, personnel, labor, equipment, supplies, materials, transportation and any other items necessary to perform snow removal and salt treatment service for the parking lot, sidewalks, access road, and loading dock areas at the Harrison Village Commissary in accordance with the attached Statement of Work.

Third Option Period: October 1, 2017 through September 30, 2018

Address Location:

Harrison Village Commissary

9702 East 59th Street

Indianapolis IN 46216-6800

POC: Alfreda Payne-Stewart (317) 610-7202 x3104

Email: Alfreda.payne-stewart@deca.mil

Store Director: Sharon Harris (317) 610-7202 x3106

NET AMT

3001AA

FFP

Contractor to perform snow removal as necessary when there is 2 or more inches of snow, prior to store opening at 7:00 am Tuesday - Sunday, and any other time deemed necessary by the store director on an on call basis.

A.

Hourly Charge:

$______________x EST 30 hours = $________________________(A)

B.

Trip Charge:

$______________x EST 10 trips = $_________________________(B)

Total: $_______________(A+B)

The above hours and trips are estimated amounts for evaluation purposes only and are not to be construed as guaranteed quantities or actual number of hours or trips. Actual quantities will be based on actual usage.

The government will insert a Not To Exceed (NTE) amount at the time of award based on the estimated amount.

NET AMT

3001AB

FFP

Contractor to perform salt treatment as necessary to prevent ice, prior to store opening at 7:00 am, Tuesday – Sunday, and any other time deemed necessary by the store director on an on call basis.

A.

Salt Treatment; Price Per Application:

$____________________x EST 20 app. = $_____________(A)

B. Trip Charge (only if performed other than w/snow removal above):

$_____________________________xEST 5 trips = $_______________(B)

Total: $______________________(A + B)

The above hours and trips are estimated amounts for evaluation purposes only and are not to be construed as guaranteed quantities or actual number of hours or trips. Actual quantities will be based on actual usage.

The government will insert a Not To Exceed (NTE) amount at the time of award based on the estimated amount.

NET AMT

FFP

Contractor to furnish all supervision, personnel, labor, equipment, supplies, materials, transportation and any other items necessary to perform snow removal and salt treatment service for the parking lot, sidewalks, access road, and loading dock areas at the Harrison Village Commissary in accordance with the attached Statement of Work.

Fourth Option Period: October 1, 2018 through September 30, 2019

Address Location:

Harrison Village Commissary

9702 East 59th Street

Indianapolis IN 46216-6800

POC: Alfreda Payne-Stewart (317) 610-7202 x3104

Email: Alfreda.payne-stewart@deca.mil

Store Director: Sharon Harris (317) 610-7202 x3106

NET AMT

4001AA

FFP

Contractor to perform snow removal as necessary when there is 2 or more inches of snow, prior to store opening at 7:00 am Tuesday - Sunday, and any other time deemed necessary by the store director on an on call basis.

A.

Hourly Charge:

$______________x EST 30 hours = $________________________(A)

B.

Trip Charge:

$______________x EST 10 trips = $_________________________(B)

Total: $_______________(A+B)

The above hours and trips are estimated amounts for evaluation purposes only and are not to be construed as guaranteed quantities or actual number of hours or trips. Actual quantities will be based on actual usage.

The government will insert a Not To Exceed (NTE) amount at the time of award based on the estimated amount.

NET AMT

4001AB

FFP

Contractor to perform salt treatment as necessary to prevent ice, prior to store opening at 7:00 am, Tuesday – Sunday, and any other time deemed necessary by the store director on an on call basis.

A.

Salt Treatment; Price Per Application:

$____________________x EST 20 app. = $_____________(A)

B. Trip Charge (only if performed other than w/snow removal above):

$_____________________________xEST 5 trips = $_______________(B)

Total: $______________________(A + B)

The above hours and trips are estimated amounts for evaluation purposes only and are not to be construed as guaranteed quantities or actual number of hours or trips. Actual quantities will be based on actual usage.

The government will insert a Not To Exceed (NTE) amount at the time of award based on the estimated amount.

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)

MANDATORY SITE VISIT:

A site visit to access the facility is mandatory and may be scheduled by calling the below point of contacts at the commissary. [(Reference 52.237-1 Site Visit (April 1984)]

To be scheduled during the following time period: September 15 - 19, 2014) POINT OF CONTACT: Alfreda Payne-Stewart, (317) 610-7206, ext. 3104 or email:

alfreda.payne-stewart@deca.mil or Sharon Harris, (317) 610-7202 x 3106 or email: sharon.harris@deca.mil

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, 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/Services to include price per hourly rate, trip charge and salt treatment for the base period and all option periods. Complete and return Item No’s 0001AA-4001AB, pages 4-17.

(3) Prospective contractors shall complete electronic annual representations and certifications at System for Award Management (SAM) website available at https://www.acquisition.gov and must indicate their business size for the applicable NAICS code.

(4) Complete and return DFARS clauses

-- 252.209-7993 (Dev) Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal (Deviation 2014-O0004) (Oct 2013) Page 27-28.

(5) Submit the following information:

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

(b) Contractor E-Mail Address: ___________________________________________________

(6) Past Performance information required:

a.

References: Three (3) past performance references are requested to be submitted that are most similar to the work of this solicitation that you have performed in the past three years.

The attached past performance survey (Attachment 1) must be completed and submitted, directly from your reference, to the contracting office via email to Sandra Scott at sandra.scott@deca.mil or by fax to 804-734-8009 pause pause 78599. Surveys must be submitted by the September 25, 2014. 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.

North American Industry Classification System (NAICS) Code applicable to this solicitation is 561790 and the Size Standard is $7.5 mil. Per FAR 4.1201(a): Prospective contractors SHALL complete electronic annual representations and certifications (Reps & Certs) at https://www.acquisition.gov database. Your Reps and Certs must include the NAICS applicable to this solicitation and indicate your organization’s business size status.

Per 13 CFR 121.106 – If the size determination is based on the number of employees, the method of determining business size status is based on the average number of employees of the concern (including part-time and full-time employees of its domestic and foreign affiliates), which is based upon the number of employees for each of the pay periods for the preceding 12 calendar months. [Additional definition is available by searching 13CFR121 at http://www.gpoaccess.gov/cfr/index.html]

Per 13 CFR 121.104 - 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]

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. NOTICE OF AWARD:

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

End of Provision

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 using Simplified Acquisition Procedures.

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)

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.

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JUN 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 clause in 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) (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) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) 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. 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 (Jul 2012).

(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) 734-8000 Pause Pause 78599 (Sandra Scott)..

(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 current contract period provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60days 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 2014)

In compliance with the Service Contract Labor Standards statute 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

11210 – Laborer, Ground Maintenance

WG 3/2 $17.32

31361 – Truck Driver Light

WG 6/2 $ 22.20

31362 – Truck Driver Medium

WG 7/2 23.54

(End of clause)

52.222-99 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (DEVIATION 2014-O0017) (JUNE 2014)

This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, dated June 12, 2014.

(a) Each service employee, laborer, or mechanic employed in the United States (the 50 States and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour.

(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor’s annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.

(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.

(d) The Contractor Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).

(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.

(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 INDIANA

(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:

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 Federal 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 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 Federal 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)

252.209-7993 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)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUNE 2012)

(a) Definitions. As used in this clause–

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when–

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or

(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.

(End of clause)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

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

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through

WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Invoice and Receiving Report “COMBO”

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Destination

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF

Data to be entered in WAWF

Pay Official DoDAAC

HQ0131

Issue By DoDAAC

HDEC05

Admin DoDAAC

HDEC05

Inspect By DoDAAC

Ship To Code

HQCCAJ (HARRISON VILLAGE COMMISSARY)

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Sandra.scott@deca.mil

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Sandra Scott (804) 734-8000 x 48599

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

(a) Contract line item(s) 1001 through 4001 is/are incrementally funded. For this/these item(s), the sum of $ 0.00 of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

(b) For items(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least thirty days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause, or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT".

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraph (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both.