Solicitation_HDEC05-15-T-0042.pdf

SEE ADDENDUM

(No Collect Calls)

HDEC05-15-T-0042 11-Aug-2015

b. TELEPHONE NUMBER

(804) 734-8000X86062

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 25 Aug 2015

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

HDEC059. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LOIS S. MALONE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SEE SCHEDULE

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

DEFENSE COMMISSARY AGENCY

ENTERPRISE ACQUISITION DIVISION

1300 E AVENUE

FORT LEE VA 23801-1800

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

(804) 734-8669FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$38,500,000

NAICS:

532120

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF21

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

HDEC05-15-T-0042

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Hickam Freeze Container (Electric)

FFP

One (1) ea - 40 Foot Electric Freeze Container w/chassis and Rollup doors, 208/230 Volts, 70 Amps, 3PH

Period of Performance: October 8, 2015 thru January 5, 2016

Hickam AFB Commissary 20 Hickam Ct. Bldg 2093 Hickam AFB, HI 96853-5255 United States Ship To DoDACC: HQCWHU

POC: Yong Apana at yong.apana@deca.mil or Totolua Ripley at Totolua.ripley@deca.mil

(808) 449-1363 FOB: Destination

PURCHASE REQUEST NUMBER: HQCWHU52150001000

NET AMT

PSC CD: W023

0002 1 Each Kaneohe Bay Freeze Container (Electric)

FFP

One (1) ea – 40 Foot Electric Freeze Container w/chassis W744 Rollup door, 220 Volts, 30 Amps, 3ph NOTE: Extra long extension cord RDD

Period of Performance: October 1, 2015 thru January 15, 2016

Kaneohe Bay Commissary BLDG 6088 Box 63088

NEXT TO MCBH MOKAPU MALL

MCBH Kaneohe Bay, HI 96863-3080 United States Ship To DoDACC: HQCWHV

POC: Clarissa L. Pearson at clarissa.pearson@deca.mil or Brian Tatum at brian.tatum@deca.mil

(808) 257- 1465 or (808) 257-2383

PURCHASE REQUEST NUMBER: HQCWHV52150001000

0003 1 Each Pearl Harbor Freeze Container (Electric)

FFP

One (1) each - 40 Foot Electric Freeze Container w/Swing doors, 230 Volts, 3ph

Period of Performance: October 5, 2015 through January 7, 2016

Pearl Harbor Commissary 4725 Bougainville Drive, Bldg 617 Pearl Harbor, HI 96860-6000 United States

Ship To DODAAC: HQCWHW

POC: Fe Ligaya at fe.ligaya@deca.mil or Eyvinne Umemoto at Eyvinne.umemoto@deca.mil

(808) 471-8402, ext. 160 or ext. 101

PURCHASE REQUEST NUMBER: HQCWHW52080001000

0004 1 Each Pearl Harbor Freeze Container (Electric)

FFP

One (1) each - 40 Foot Electric Freeze Container w/Swing doors, 230 Volts, 3ph

Period of Performance: October 26, 2015 through January 7, 2016

Pearl Harbor Commissary 4725 Bougainville Drive, Bldg 617 Pearl Harbor, HI 96860-6000 United States

Ship To DODAAC: HQCWHW

POC: Fe Ligaya at fe.ligaya@deca.mil or Eyvinne Umemoto at Eyvinne.umemoto@deca.mil

(808) 471-8402, ext. 160 or ext. 101

0005 1 Each Pearl Harbor Chill Container (Electric)

FFP

One (1) each - 40 Foot Electric Chill Container w/Swing doors, 230 Volts, 3ph

Period of Performance: November 9, 2015 through January 7, 2016

Pearl Harbor Commissary 4725 Bougainville Drive, Bldg 617 Pearl Harbor, HI 96860-6000 United States

Ship To DODAAC: HQCWHW

POC: Fe Ligaya at fe.ligaya@deca.mil or Eyvinne Umemoto at Eyvinne.umemoto@deca.mil

(808) 471-8402, ext. 160 or ext. 101

0006 1 Each Schofield Bks Chill Container (Electric

FFP

One (1) each - 40 Foot, Electric, Chill Container with Pullout Doors, 240 Volts, 60 Amps, 3ph NOTE: To be set on the side of the loading dock

Period of Performance: November 15, 2015 thru January 6, 2016

Schofield Barracks Commissary 698 Trimble Road Wahiawa, HI 96786-3699 United States

Ship To DoDAAC: HQCWHX

POC: Annette Queen at annette.queen@deca.mil or Charles McMinn at charles.mcminn@deca.mil

(808) 471-8402, x154 or (808) 655-6886

PURCHASE REQUEST NUMBER: HQCWHX52050001000

0007 1 Each Schofield Bks Freeze Container (Electric

FFP

One (1) each - 40 Foot, Electric, Freeze Container w/chassis and Rollup Doors, 240 Volts, 60 Amps, 3ph NOTE: To be parked on dock #4

Period of Performance: November 15, 2015 thru January 6, 2016

Schofield Barracks Commissary 698 Trimble Road Wahiawa, HI 96786-3699 United States

Ship To DoDAAC: HQCWHX

POC: Annette Queen at annette.queen@deca.mil or Charles McMinn at charles.mcminn@deca.mil

(808) 471-8402, x154 or (808) 655-6886

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUL 2013

52.204-13 System for Award Management Maintenance JUL 2013 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

AUG 2013

52.212-1 Instructions to Offerors--Commercial Items APR 2014 52.212-3 Alt I Offeror Representations and Certifications--Commercial

Items (MAR 2015) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015

52.222-50 Combating Trafficking in Persons MAR 2015 52.223-5 Alt II Pollution Prevention and Right-to-Know Information (May

2011) Alt II

MAY 2011

52.223-12 Refrigeration Equipment and Air Conditioners MAY 1995 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-36 Payment by Third Party MAY 2014 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding of Unclassified Controlled Technical

Information

NOV 2013

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.216-7009 Allowability of Legal Costs Incurred in Connection With a

Whistleblower Proceeding

SEP 2013

252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013

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)

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, or prices and any discount terms.

(2) Schedule of Supplies/Services to include prices (Item Nos. 0001 – 0007, pages 3-9) and other statements of Quoter, or prices and any discount terms.

(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 DFARS clause 252.209-7992 (Dev) Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law – Fiscal Year 2015 Appropriations (Deviation 2015-O0010) Pages 19.

(5) Remit to Address (if other than the address on the face of the contract):

(6) Contractor E-Mail Address: ________________________________________

(7) Dun and Bradstreet (DUNS) or DUNS + 4 Number: ____________________________

(8) Trailer Specification Worksheets, Attachment 1. There is a separate worksheet for each commissary location.

Quoters may submit a quote for one, some or all commissary locations by filling in the following information for each location you are quoting on:

- Nearest “Trailer Hub” location

- Number of miles from Hub to Commissary

- Monthly Price per Trailer

- Weekly Price per Trailer

- Daily Price per Trailer

- Cost per Operating Hour (if applicable) or

- Flat Delivery and Pickup Fee

North American Industry Classification System (NAICS) Code applicable to this solicitation is 532120 and the Size Standard is $38.5 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 document and indicate your organization’s business size status.

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 OF 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.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(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:

Price and Availability.

Award will be made to the lowest-priced, technically acceptable Offeror (based on price and availability)

(b) Options (if included in the schedule). 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 are 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.

ADDENDUM TO FAR 52.212-4

CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

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, or addition of funds.

a. 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.

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.

PAYMENT INFORMATION: Reference 52.212-4 Paragraph (i)

a. If your company can accept credit card payments, please provide the following:

Contractor Point of Contact for credit card payments: __________________________________

Phone Number: _______________________________

Fax Number: _________________________________

b. 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). For example, if CLIN 0001 has a set monthly amount of $500, the total amount paid to the contractor will not be in excess of $500 without prior authorization from the Contracting Officer.

b. The contractor must submit invoices to the paying office shown in Block 18a of the SF 1449. If credit card is the method , upon receipt of the monthly invoice from the contractor, and signed receiving report from the commissary, an authorized government credit card user will provide a Credit Card Payment Authorization Form (by FAX) to the point of contact named above. 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.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (MAY 2015)

(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) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 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.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi)

___ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

(xvi) 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).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 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 76062 (Lois Malone).

(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.

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 end of the contract period.

(End of clause)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

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 Hawaii.

(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/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

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/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

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.

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.

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

252.203-7998 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS—REPRESENTATION (DEVIATION 2015-O0010) (FEB 2015)

(a) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

252.209-7992 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—FISCAL YEAR 2015

APPROPRIATIONS (DEVIATION 2015-OO0005) (DEC 2014)

(a) In accordance with sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other 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; 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.

IMPORTANT INFORMATION

FREEDOM OF INFORMATION ACT (FOIA)

Upon award of this contract, the Agency intends to make public the total contract award amount, as well as any awarded individual contract line item pricing (CLIN or Sub-CLIN), within the Agency’s electronic reading room located at www.commissaries.com and on the Government Point of Entry (GPE) www.fbo.gov .

Unexercised Option year prices will not be published.

This action is taken to ensure contract award information is available to the general public pursuant to the President’s January 21, 2009 memorandum regarding the Freedom of Information Act.

Be advised that the contract(s) resulting from this solicitation will be posted at two distinct points during the procurement cycle:

RECENT CONTRACT AWARDS: The first posting will take place immediately after the contracts are awarded and will contain only the base year pricing.

HISTORICAL PRICING: The second posting will take place when it is time for re-solicitation of an existing contract and will contain all CLIN and Sub-CLIN prices for the base period and all exercised options from the contract(s) under re-solicitation.

STATEMENT OF WORK

STATEMENT OF WORK FOR

REFRIGERATED TRAILERS

Refrigerated/Freezer trailers are being leased for the main purpose of storing frozen turkeys for the upcoming holiday season at the commissary location specified on the request for quote and resulting BPA call order. The performance start and end dates may vary at each location and are shown on the Trailer Specification Quote Sheets.

Contractor shall:

1. Coordinate the delivery and pickup of the refrigerated trailer(s) with store’s POC no later than 5 working days prior to start date and 3 working days prior to ending date of rental period. Rental period ends on the store’s requested pickup date regardless of actual pickup date unless a written modification is issued to extend the rental period.

2. Trailers shall be delivered full of fuel and contractor shall have before and after fuel readings annotated on the delivery/pickup tickets.

3. Damage reports upon delivery and upon pickup shall be provided and shall be signed off by an authorized commissary representative with a copy left at the commissary.

4. Set temperature as required by the store director/representative.

5. Bill monthly for all charges incurred from the first to last day of the prior month. The hourly run time charge may be billed one-time at completion of the last month of rental period. The number of days quoted in the monthly rate shall include all the days of that month. (i.e. based on 31 days in the month).

October, December and January all have 31 days in the month and are the primary months of the rental period.

6. Provide 24-hour emergency on-site repair. Service contact phone number must be provided prior to award. Vendor repair personnel must be on-site within 2 hours of receipt of emergency call from store personnel. Repair must be either completed within 4 hours of initial receipt of emergency phone call or a substitute trailer provided so as not to interrupt the mission.

� Note: Repairs caused by commissary negligence will be covered via modification to the contract.

Repairs required due to contractor negligence, or as a result of faulty equipment, shall be repaired at the expense of the contractor.

DeCA Commissary POC shall:

1. Coordinate to have appropriate Installation personnel available to hook up electric trailers, as necessary.

2. Locate source for diesel fuel that accepts the Wright Express card. Diesel Fuel is not allowed to be charged against the Government Purchase Card (GPC) or this DeCA contract.

3. Ensure damage report is signed off on by the contractor and store personnel upon delivery and pickup of trailer.

4. Maintain temperature log in accordance with DeCAM 40-5.1.

5. Notify the Contracting Officer immediately of any repairs necessary or damage to the trailers prior to calling in for repairs.

6. Coordinate the pick up of trailers with the contractor 3 days prior to the scheduled pickup date.

7. Clean the trailers of all debris and ensure the fuel tanks are full before contractor pickup.

LIST OF ATTACHMENTS (under separate cover)

1. Attachment 1 Worksheet (Hickam)

2. Attachment 1 Worksheet (Kaneohe Bay)

3. Attachment 1 Worksheet (Pearl Harbor)

4. Attachment 1 Worksheet (Schofield Barracks)