Combined_Synopsis_RFP_-_Manual_Price_Shopping_Final.docx
DOCX document 79 KB Posted
- Attached to
- Manual Price Shopping Services Federal contract opportunity
- Solicitation number
- HDEC05-16-R-0005
- Issued by
- Defense Commissary Agency
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Combined Synopsis/Solicitation for Manual Price Shopping Services
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| HDEC05-16-D-0005_Contract_Posting.pdf | ||
| HDEC05-16-D-0004_Award_FBO.gov.pdf | ||
| Amendment_1-_Questions_and_Answers.docx | DOCX document | |
| Attachment_A._Statement_of_Work.pdf.docx | DOCX document | |
| Attachment_D._Past_Performance_Survey.docx | DOCX document | |
| Attachment_C_-_Quote_Sheet.xls | XLS spreadsheet | |
| Attachment_B._Listing_of_Commissaries_and_Addresses.pdf.xlsx | XLSX spreadsheet |
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Combined Synopsis/Solicitation Notice Manual Price Shopping Services
| Solicitation Number: | HDEC05-16-R-0005 | ||||
| Response Date: | Friday, July 29, 2016, 2:00 p.m. EDST | ||||
| POC: | Michael Barnes, Contract Specialist | ||||
| Email: | Michael.Barnes@deca.mil | ||||
| Phone: | 804-734-8000, x86160 | ||||
| Place of Performance: | Defense Commissary, Headquarters, | ||||
| 1300 E Avenue, Fort Lee, VA 23801-1800 | |||||
| Set Aside: | Unrestricted | ||||
| Classification Code: | R702, Support – Management: Data Collection | ||||
| NAICS Code: | 541910, Marketing Research and Public Opinion Polling | ||||
| Size Standard: | $15.0M |
i. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued.
ii. The solicitation number for this procurement is HDEC05-16-R-0005 and is issued as a Request for Proposal (RFP).
iii. This solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular (FAC) 2005-88, DFARS Change Notice 20160630, and Defense Commissary Agency Acquisition Regulations (DeCAARS) 2005 Edition.
iv. This solicitation is unrestricted. For information purposes, the Product Service Code is R702, the North American Industry Classification systems (NAICS) code is 541910, which has a small business size standard of $15.0M. 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 13 CFR 121 at http://www.gpoaccess.gov/cfr/index.html] (13 CFR 121.104 )
v. Contract Line Item Numbers (CLINS):
CLIN 0001
Initial Price Shop
Initial price shop - Contractor shall provide all labor, supplies, & transportation required to complete Task 2 – Initial Price Shop IAW SOW. Initial price shop shall be conducted at locations specified by DeCA (Attachment B). The Contractor shall, within 45 days of contract award, conduct the initial price shop at the locations specified by DeCA. This will include approximately 708 locations comprised of 177 commissaries and three designated commercial grocery stores or supercenters which are mostly located within 20 miles of each commissary. Where an item on the list of SKUs is on sale at either the commercial grocery store or the commissary, the contractor will record the regular and the sale price for each item.
The contractor is responsible for all of the following: supervision of price shops conducted, labor hired, tools used, and travel (not reimbursed) to accomplish the tasks defined in the SOW.
Performance to be completed within 45 days of contract award.
Quantity: 1 Each
Performance Starts Approximately August 10, 2016
CLIN 0002 (Option) Quarterly Shop
Quarterly shop - Contractor shall provide all labor, supplies, & transportation required to complete Task 3 – Quarterly Shops IAW SOW. This will include approximately 180 locations comprised of approximately 45 (25% of total commissaries) commissaries and three designated commercial grocery stores or supercenters which are mostly located within 20 miles of each commissary. Where an item on the list of SKUs is on sale at either the commercial grocery store or the commissary, the contractor will record the regular and the sale price for each item.
The contractor is responsible for all of the following: supervision of price shops conducted, labor hired, tools used, and travel (not reimbursed) to accomplish the tasks defined in the SOW.
To be completed within 45 days after receipt of the list of locations and SKU’s is received by the contractor.
Quantity: 3 Each
Estimated Quarterly Start Dates:
November 10, 2016 February 10, 2017 May 10, 2017
CLIN 1002 (Option) Quarterly Shop
Quarterly shop - Contractor shall provide all labor, supplies, & transportation required to complete Task 3 – Quarterly Shops IAW SOW. This will include approximately 180 locations comprised of approximately 45 (25% of total commissaries) commissaries and three designated commercial grocery stores or supercenters which are mostly located within 20 miles of each commissary. Where an item on the list of SKUs is on sale at either the commercial grocery store or the commissary, the contractor will record the regular and the sale price for each item.
The contractor is responsible for all of the following: supervision of price shops conducted, labor hired, tools used, and travel (not reimbursed) to accomplish the tasks defined in the SOW.
To be completed within 45 days after receipt of the list of locations and SKU’s is received by the contractor.
Quantity: 4 Each
Estimated Quarterly Start Dates:
August 10, 2017 November 10, 2017 February 10, 2018 May 10, 2018
CLIN 2002 (Option) Quarterly Shop
Quarterly shop - Contractor shall provide all labor, supplies, & transportation required to complete Task 3 – Quarterly Shops IAW SOW. This will include approximately 180 locations comprised of approximately 45 (25% of total commissaries) commissaries and three designated commercial grocery stores or supercenters which are mostly located within 20 miles of each commissary. Where an item on the list of SKUs is on sale at either the commercial grocery store or the commissary, the contractor will record the regular and the sale price for each item.
The contractor is responsible for all of the following: supervision of price shops conducted, labor hired, tools used, and travel (not reimbursed) to accomplish the tasks defined in the SOW.
To be completed within 45 days after receipt of the list of locations and SKU’s is received by the contractor.
Quantity: 4 Each
Estimated Quarterly Start Dates:
August 10, 2018 November 10, 2018 February 10, 2019 May 10, 2019
CLIN 3002 (Option) Quarterly Shop
Quarterly shop - Contractor shall provide all labor, supplies, & transportation required to complete Task 3 – Quarterly Shops IAW SOW. This will include approximately 180 locations comprised of approximately 45 (25% of total commissaries) commissaries and three designated commercial grocery stores or supercenters which are mostly located within 20 miles of each commissary. Where an item on the list of SKUs is on sale at either the commercial grocery store or the commissary, the contractor will record the regular and the sale price for each item.
The contractor is responsible for all of the following: supervision of price shops conducted, labor hired, tools used, and travel (not reimbursed) to accomplish the tasks defined in the SOW.
To be completed within 45 days after receipt of the list of locations and SKU’s is received by the contractor.
Quantity: 4 Each
Estimated Quarterly Start Dates:
August 10, 2019 November 10, 2019 February 10, 2020 May 10, 2020
CLIN 4002 (Option) Quarterly Shop
Quarterly shop - Contractor shall provide all labor, supplies, & transportation required to complete Task 3 – Quarterly Shops IAW SOW. This will include approximately 180 locations comprised of approximately 45 (25% of total commissaries) commissaries and three designated commercial grocery stores or supercenters which are mostly located within 20 miles of each commissary. Where an item on the list of SKUs is on sale at either the commercial grocery store or the commissary, the contractor will record the regular and the sale price for each item.
The contractor is responsible for all of the following: supervision of price shops conducted, labor hired, tools used, and travel (not reimbursed) to accomplish the tasks defined in the SOW.
Quantity: 4 Each
Estimated Quarterly Start Dates:
August 10, 2020 November 10, 2020 February 10, 2021 May 10, 2021
vi. Description of Requirements: DeCA requires the support of a contractor with specialized expertise and experience physically conducting Manual Price Shopping. Manual Price Shopping is the physical process used for Stock Keeping Unit (SKU) price verification. The contractor will not be permitted to utilize a web or database method of data collection. The contractor shall dispatch contract employees to stores in designated areas to physically conduct price shops and deliver the resulting data to DeCA within the timelines outlined in the Statement of Work (SOW).
To conduct the price shops, DeCA will provide to the contractor the individual SKUs requiring price audits at commercial grocery store outlets identified by DeCA. The contractor must deliver the data in the required format to DeCA within the specified allotment of time. In addition, DeCA requires that private label SKUs utilized as a part of the manual price shop process be chosen based on their attributes, be national brand equivalent in quality, and be specifically flagged as private label items.
The contractor shall have a clearly outlined process for auditing and certifying the statistical accuracy of each data collection and report. The contractor is responsible for all of the following: supervision of price shops conducted, labor hired, tools used, and travel (not reimbursed) to accomplish the tasks defined in this SOW. The contractor shall closely coordinate with DeCA for SKU lists, private label requests, and data formatting requirements.
vii. The period of performance is one (1) base year period (August 10, 2016 through August 9, 2017) with the possibility of four (4) additional one-year option periods. Reports shall be delivered IAW the SOW. All deliverables will be FOB destination.
viii. Provision at FAR 52.212-1, Instruction to Offerors - Commercial Items applies to this acquisition along with the following Addendum:
Addendum to FAR 52.212-1 Instruction to Offerors – Commercial Items
The following paragraphs are altered as follows:
a. North American Industry Classification System (NAICS) Code: 541910
b. Submission of Quotes: Submit signed and dated quotes to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotes may be submitted on letterhead stationery, formatted as shown on Attachment C (Pricing Sheet), or as otherwise specified in the solicitation. As a minimum, quotes must show --
| (1) | The solicitation number: HDEC05-16-R-0005 | |
| (2) | The time specified in the solicitation for receipt of quotes: | Friday, July 29, 2016, 2:00 p.m. EDST; |
| (3) | The following company information: |
Company Name:
Address:
Point of Contact:
Phone Number:
Email Address:
Cage Code:
DUNS Number:
| (4) | Price: Provide your firm’s pricing proposal for each individual CLIN on Attachment C (Pricing Sheet); Note: There are two tabs on this spread sheet. One tab is for overall Pricing and the second tab is for a cost breakdown of the overall pricing. Please fill out both. |
| (5) | “Remit to” address, if different than mailing address: |
| (6) | Offeror Representations and Certifications for both FAR and DFARS must be completed and submitted through the System for Acquisition Management (SAM); | ||||
| (7) | Signed acknowledgment of Solicitation Amendments, if applicable (submit each amendment separately); | ||||
| (8) | A statement specifying the extent of agreement with all terms, conditions, and | provisions included in the solicitation. Quotes that fail to furnish required | representations or information, or reject the terms and conditions of the | solicitation may be excluded from consideration. |
| Accepted/Agreed: | Date: | |
| Signature |
The following requirements for quote submissions are added:
(9) Proposals must be submitted in electronic format by an authorized representative of the Offeror. Hand written portions and those including signatures and completion of certain clauses and provisions shall be scanned into pdf format and emailed to Michael.Barnes@deca.mil. The following should be in the subject line for the email submittal:
“Quote from (company name) in response to RFP HDEC05-16-R-0005”
(10) Past Performance Survey: Please have three references fill out the Attachment D (Past Performance Survey) and submit them to Michael.barnes@deca.mil by the solicitation due date and time. References should represent previous work of similar scope and magnitude to the requirements in this solicitation that is either currently being performed or has been performed within the last three years. Only submissions provided directly from the references will be accepted. Please also provide the requested information below regarding the references you plan to have submit a past performance survey.
Reference #1:
Company Name:____________________________________________________ Address:__________________________________________________________ Point of Contact:___________________________________________________ Phone Number:____________________________________________________ Email Address:____________________________________________________
Reference #2:
Company Name:____________________________________________________ Address:__________________________________________________________ Point of Contact:___________________________________________________ Phone Number:____________________________________________________ Email Address:____________________________________________________
Reference #3:
Company Name:____________________________________________________ Address:__________________________________________________________ Point of Contact:___________________________________________________ Phone Number:____________________________________________________ Email Address:____________________________________________________
(11) Technical Capability: Interested firms shall submit a written explanation (maximum of 3 pages using a 12 point font with 1” standard margins) describing how the firm will fulfill the following IAW the SOW:
a. Explain your process for collecting the data (this should also include collecting equivalent private label and/or store brand products and their pricing). Explanation must identify data collection methodology, length of time required to perform data collection at one store, and other relevant capability information to demonstrate your capability to perform the requirement of the SOW.
b. Please explain your personnel coverage of the geographic areas that demonstrates that adequate personnel resources can perform the efforts required by the SOW.
c. Define your quality control methods to ensure accuracy. Include any guaranteed accuracy rates and details explaining them.
d. Demonstrate that your personnel have the requisite skills to perform the efforts of the SOW. If current staffing is not adequate to perform the SOW requirements, demonstrate what your company will do to adequately train your personnel in sufficient time to perform the SOW efforts.
e. Confirmation that the offeror can provide a price survey report in the same format as described below.
i. Data must be submitted in Excel format (.xlsx) as one worksheet (one tab)
ii. Data must utilize the HEADERS provided in Row 1 (DATE SCANNED, UNIVERSAL PROD CODE, DODAAC, COMMISSARY, DECA PRICE, COMPETITOR 1 PRICE, COMPETITOR 2 PRICE, COMPETITOR 3 PRICE). DO NOT ADD ADDITIONAL ROWS ABOVE HEADER ROW OR BELOW
iii. All pricing columns (DECA PRICE, COMPETITOR 1 PRICE, COMPETITOR 2 PRICE, COMPETITOR 3 PRICE) MUST be in NUMBER format (not accounting or currency).
iv. All pricing columns (DECA PRICE, COMPETITOR 1 PRICE, COMPETITOR 2 PRICE, COMPETITOR 3 PRICE) MUST be in NUMBER format (not accounting or currency).
v. Competitors MUST be defined as follows:
COMPETITOR 1: Walmart* or other mass retail if no Walmart is available within a 20 mile radius of the commissary COMPETITOR 2: Retail Grocer COMPETITOR 3: Retail Grocer
vi. For all pricing fields, the price should be the lowest price available without use of a coupon or loyalty card (i.e. the sale price if the item is on sale).
(12) Completed clauses and provisions (see full text clauses and provisions below).
All questions of a technical and/or contractual nature concerning this solicitation shall be submitted in writing to Michael Barnes, Contract Specialist at Michael.Barnes@deca.mil no later than July 25, 2016 by 2:00 PM EDST. A consolidated list of questions and answers, if applicable, will be provided to all prospective offerors as appropriate. Answers to questions will not alter the solicitation unless and until an amendment is made to the solicitation incorporating the answers.
ix) Provision at FAR 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. This requirement will be awarded using the Lowest Price Technically Acceptably Methodology (LPTA).The following factors shall be used to evaluate offers:
1. Technical Capability
2. Past Performance
3. 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). Options will exercise as needed prior to the beginning of performance. There is no guarantee that all any or all options will be exercised.
(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 52.212-2, Evaluation-Commercial Items:
Each vendor is required to submit a technical capabilities write-up and have their references provide past performance surveys. Both technical capabilities and past performance factors will be evaluated and assigned an Acceptable/Unacceptable rating. If any of the factors are determined Unacceptable, the overall offer will be determined Unacceptable and will not be eligible for award. A quote will be evaluated as acceptable if the quote demonstrates that the vendor can adequately perform the requirements of the SOW. If the vendor has no record of past performance, but is otherwise determined technically acceptable and responsible, they will be rated “neutral” for past performance. A rating of neutral will be considered as Acceptable.
Once past performance and technical capability evaluations are complete, all Acceptable quotes will be ranked by price. The price used for purposes of ranking will be equal to the sum of the prices for the Initial Price Shop and all option Quarterly Price Shop CLINS.
The evaluation factors for this requirement are as follows:
1. Technical Capability The technical capability proposed by offerors shall demonstrate the offerors ability to perform the efforts in the Statement of Work using the following sub factors:
(a) Data Collection Process-Adequacy of data collection process to satisfactorily perform SOW requirements.
(b) Geographical Coverage-Adequacy of staffing to satisfactorily perform SOW requirements.
(c) Quality Control Procedures-Demonstrates adequate quality control procedures to satisfactorily perform SOW requirements.
(d) Skill of Personnel-Demonstrates adequate skilled personnel to satisfactorily perform SOW requirements.
(e) Confirmation of ability to comply with the Survey Report Requirement
1. Past Performance Using the Past Performance Surveys from the references provided, the evaluator will use the business references provided by the vendor, and any other information available. The offerors will be evaluated on the four following areas:
(a) Timeliness of Performance
(b) Customer Satisfaction/Quality of Service
(c) Business Relations
(d) Compliance with Contract Specifications
1. Price
x) Both FAR and DFARS Representations and Certifications must be completed and submitted to the System for Acquisition Management (SAM).
xi) FAR Clause 52.212-4, Contract Terms and Conditions-Commercial Items (MAY 2015) applies to this acquisition along with the following Addendum:
Addendum to 52.212-4, Contract Terms and Conditions – Commercials:
The following paragraphs are altered or added:
(h) Payment.
METHOD OF PAYMENT:
1. Contract payments will be processed electronically via EFT through the DEFENSE FINANCE AND ACCOUNTING SERVICE (DFAS). Prior to DFAS releasing any contract payment, the contractor must submit a proper invoice using the Wide Area Work Flow (WAWF) electronic commerce. After a proper invoice is received, a Government representative will acknowledge acceptance and receipt of the service via WAWF.
2. The contractor must access the WAWF Vendor Tools on the DFAS website and complete the requirements to obtain an active WAWF account. This will allow the contractors to submit invoices via WAWF so that payments can be processed electronically through EFT.
3. For additional WAWF information, see clause 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008)
xii) FAR Clause 52.212-5 (DEV) (JUN 2015), Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Deviation 2013-O0019)
(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 2015) (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)
The following clauses and provisions are applicable to this acquisition and are hereby incorporated by reference:
| 52.203-3 | Gratuities | Apr-84 | |
| 52.203-6 | ALT I | Restrictions on Subcontractor Sales to the Government, with Alternate I | Sep06 |
| 52.203-12 | Limitation on Payments to Influence Certain Federal Transactions | Oct-10 | |||
| 52.204-4 | Printed or Copied Double-Sided on Post Consumer Fiber Content Paper | May-11 | |||
| 52.204-7 | System for Award Management (SAM) | Jul-13 | |||
| 52.204-10 | Reporting Executive Compensation and First-Tier Subcontract Awards | Oct-15 | |||
| 52.204-13 | System for Award Management (SAM) Maintenance | Jul-13 | |||
| 52.204-19 | Incorporation by Reference of Representations and Certifications | Dec-14 | |||
| 52.209-6 | Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended or Proposed for Debarment | Oct-15 | |||
| 52.209-9 | Updates of Publicly Available Information Regarding Responsibility Matters | Jul-13 | |||
| 52.209-10 | Prohibition on Contracting with Inverted Domestic Corporations | Nov-15 | |||
| 52.212-1 | Instructions to Offerors | Oct-15 | |||
| 52.212-4 | Contract Terms and Conditions | May-15 | |||
| 52.219-4 | Notice of Price Evaluation Preference for Hub Zone Small Business | Oct-14 | |||
| 52.219-8 | Utilization of Small Business Concerns | Oct-14 | |||
| 52.219-9 | Small Business Subcontracting Plan | Oct-15 | |||
| 52.219-16 | Liquidated Damages - Subcontracting Plan | Jan-99 | |||
| 52.219-28 | Post Award Small Business Program Representation | Jul-13 | |||
| 52.222-3 | Convict Labor (E.O. 1755) | Jun-03 | |||
| 52.222-21 | Prohibition of Segregated Facilities | Apr-15 | |||
| 52.222-26 | Equal Opportunity | Apr-15 | |||
| 52.222-37 | Employment Reports on Veterans | Feb-16 | |||
| 52.222-40 | Notification of Employee Rights under National Labor Relations Act | Dec-10 | |||
| 52.222-41 | Service Contract Labor Standards | May-14 | |||
| 52.222-43 | Fair Labor Standards Act and Service Contract Labor Standards -Price Adjustment (Multiple Year and Option Contracts) | May-14 | |||
| 52.222-50 | Combating Trafficking In Persons | Feb-09 | |||
| 52.222-54 | Employment Eligibility Verification | Oct-15 | |||
| 52.222-55 | Minimum Wages Under Executive Order 13658 | Dec-15 | |||
| 52.223-18 | Encourage Contractor Policies to Ban Text Messaging While Driving | Aug-11 | |||
| 52.225-13 | Restriction on Certain Foreign Purchases | Jun-08 | |||
| 52.232-17 | Interest | May-14 | |||
| 52.232-18 | Availability Of Funds | Apr-84 | |||
| 52.232-33 | Payment by Electronic Funds Transfer--System for Award Management | Jul-13 | |||
| 52.232-40 | Providing Accelerated Payments to Small Business Subcontractors | Dec-13 | |||
| 52.233-3 | Protest after Award | Aug-96 | |||
| 52.233-4 | Applicable Law for Breach of Contract Claim | Oct-04 | |||
| 52.242-13 | Bankruptcy | Jul-95 | |||
| 252.201-7000 | Contracting Officer’s Representative | Dec-91 | |||
| 252.203-7000 | Requirements Relating to Compensation of Former DoD Officials | Sep-11 | |||
| 252.203-7002 | Requirements to Inform Employees of Whistleblower Rights | Sep-13 | |||
| 252.203-7005 | Representation Relating to Compensation of Former DoD Officials | Nov-11 | |||
| 252.204-7004 ALT A | System for Award Management (SAM) | Feb-14 | |||
| 252.204-7008 | Compliance with Safeguarding Covered Defense Information Controls | Dec-15 | |||
| 252.204-7012 | Safeguarding Covered Defense Information and Cyber Incident Reporting | Dec-15 | |||
| 252.204-7015 | Notice of Authorized Disclosure of Information for Litigation Support | May-16 | |||
| 252.205-7000 | Provision of Information to Cooperative Agreement Holders | Dec-91 | |||
| 252.209-7004 | Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism | Oct-15 | |||
| 252.216-7009 | Allowability of Legal Costs Incurred in Connection With a Whistleblower Proceeding | Sep-13 | |||
| 252.219-7003 | Small Business Subcontracting Plan (DoD Contracts) | Mar-16 | |||
| 252.222-7007 | Representation Regarding Combating Trafficking in Persons | Jan-15 | |||
| 252.225-7001 | Buy American Act and Balance of Payments Program | Nov-14 | |||
| 252.225-7002 | Qualifying Country Sources as Subcontractors | Dec-12 | |||
| 252.225-7012 | Preference for Certain Domestic Commodities | Feb-13 | |||
| 252.225-7021 | Trade Agreements - Basic | Oct-15 | |||
| 252.225-7048 | Export-Controlled Items | Jun-13 | |||
| 252.226-7001 | Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns | Sep-04 | |||
| 252.227-7015 | Technical Data - Commercial Items | Feb-14 | |||
| 252.232-7010 | Levies On Contract Payments | Dec-06 | |||
| 252.243-7001 | Pricing of contract Modifications | Dec-91 | |||
| 252.243-7002 | Requests for Equitable Adjustment | Dec-12 | |||
| 252.244-7000 | Subcontracts for Commercial Items and Commercial Components (DoD Contracts) | Jun-13 |
The following clauses and provisions are applicable to this acquisition and are hereby incorporated in full text:
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)
(a) Definitions. As used in this clause--
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
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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.
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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).
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52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm Fixed Price Indefinite Quantity contract resulting from this solicitation.
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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 the expiration of the contract.
(End of clause)
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)
(a) Definitions. As used in this clause--
``Active duty wartime or campaign badge veteran,'' ``Armed Forces service medal veteran,'' ``disabled veteran,'' ``protected veteran,'' ``qualified disabled veteran,'' and ``recently separated veteran'' have the meanings given at FAR 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, 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.
(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.
(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
Access http://www.wdol.gov/sca.aspx for each store location Use the job title Survey Worker to determine the wage rate Access https://www.cpms.osd.mil/Subpage/AFWageSchedules/ for each store location Compare the wage rate to the WG scale
(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.
52.228-4502 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 various 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 Acquisition Management Directorate ATTN: LEAAR (Contracting Officer) 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
(End of provision)
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://www.arnet.gov/far http://farsite.hill.af.mil www.acq.osd.mil/dp/dars/dfars.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://www.arnet.gov/far http://farsite.hill.af.mil www.acq.osd.mil/dp/dars/dfars.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 Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.203-7996 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION 2016-O0003)(OCT 2015)
(a) In accordance with section 101(a) of the Continuing Appropriations Act, 2016 (Pub. L. 114-53) and any subsequent FY 2016 appropriations act that extends to FY 2016 funds the same restrictions as are contained in section 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds appropriated (or otherwise made available) by this or any other Act may be used for a contract 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.
(End of provision)
252.203-7997 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2016-O0003)(OCT 2015)
(a) The Contractor shall not require employees or subcontractors seeking to…
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