Fort Drum - Solicitation HDEC08-09-R-0001.doc

Section B - Supplies or Services and Prices

SERVICES: NON-PERSONAL

FFP

Provide all of the necessary supervision, personnel, supplies and equipment to perform Shelf Stocking, Receiving/Storage/Holding Area (RSHA) and Custodial Operations for the Fort Drum Commissary located at Fort Drum, New York, in accordance with Attachment 2, the Performance Work Statement (PWS) and all terms and conditions herein.

BASE YEAR: July 1, 2009 through June 30, 2010

FOB: Destination

PURCHASE REQUEST NUMBER: HQCNEY02250001

NET AMT

0001AA

SHELF STOCKING OPERATIONS

Perform Shelf Stocking Operations (includes overwrites between 0 and 7%) in accordance with Attachment 2 (PWS). NOTE: The quantity shown is an ESTIMATED quantity.

NET AMT

0001AB

OVERWRITES

Overwrites (cases exceeding 7% of the total monthly cases, IAW paragraph 4.3.3.8 of the PWS @ the unit price of 60% of the case price reflected in subline AA above). NOTE: The quantity shown is an ESTIMATED quantity.

NET AMT

0001AC

INVENTORY PREPARATION

Perform Inventory Preparation Services in accordance with Attachment 2 (PWS). NOTE: The quantity shown is an ESTIMATED quantity.

NET AMT

0001AD

RECEIVING/STORAGE/HOLDING AREA OPERATION

Perform Receiving/Storage/Holding Area Operations in accordance with Attachment 2 (PWS).

NET AMT

0001AE

MATERIAL HANDLING SUPPORT (MHE)

Perform MHE support for inventories in accordance with Attachment 2 (PWS). NOTE: The quantity shown is an ESTIMATED quantity.

NET AMT

0001AF

CUSTODIAL OPERATIONS

Custodial Operations (excluding Custodial for Meat Department, RSHA and Outside Areas.) Perform Custodial Operations EXCLUDING the Meat Department, RSHA and Outside Areas in accordance with Attachment 2, PWS.

NET AMT

0001AG

CUSTODIAL OPERATIONS (MEAT DEPARTMENT)

Perform Meat Processing, Preparation and Wrapping Area Custodial tasks in accordance with Attachment 2, PWS.

NET AMT

0001AH

CUSTODIAL (RSHA AND OUTSIDE AREAS)

Perform RSHA and Outside Area Custodial tasks in accordance with Attachment 2, PWS.

NET AMT

0001AJ

GROUNDS MAINTENANCE -- GRASS REMOVAL

Perform Grounds Maintenance Services in accordance with Attachment 2 (PWS) for grass cutting for the period of mid-April through mid-October. (The QUANTITY shown is an ESTIMATED QUANTITY.)

NET AMT

0001AK

GROUNDS MAINTENANCE -- SNOW

Perform Grounds Maintenance Services in accordance with Attachment 2 (PWS) for snow and ice removal for the period of mid-October through mid-April. (The QUANTITY shown is an ESTIMATED QUANTITY.)

NET AMT

FFP

Provide all of the necessary supervision, personnel, supplies and equipment to perform Shelf Stocking, Receiving/Storage/Holding Area (RSHA) and Custodial Operations for the Fort Drum Commissary located at Fort Drum, New York, in accordance with Attachment 2, the Performance Work Statement (PWS) and all terms and conditions herein.

FIRST OPTION YEAR: July 1, 2010 through June 30, 2011

NET AMT

0002AA

FFP

Perform Shelf Stocking Operations (includes overwrites between 0 and 7%) in accordance with Attachment 2 (PWS). NOTE: The quantity shown is an ESTIMATED quantity.

NET AMT

0002AB

FFP

Overwrites (cases exceeding 7% of the total monthly cases, IAW paragraph 4.3.3.8 of the PWS @ the unit price of 60% of the case price reflected in subline AA above). NOTE: The quantity shown is an ESTIMATED quantity.

NET AMT

0002AC

FFP

Perform Inventory Preparation Services in accordance with Attachment 2 (PWS). NOTE: The quantity shown is an ESTIMATED quantity.

NET AMT

0002AD

FFP

Perform Receiving/Storage/Holding Area Operations in accordance with Attachment 2 (PWS).

NET AMT

0002AE

FFP

Perform MHE support for inventories in accordance with Attachment 2 (PWS). NOTE: The quantity shown is an ESTIMATED quantity.

NET AMT

0002AF

FFP

Custodial Operations (excluding Custodial for Meat Department, RSHA and Outside Areas.) Perform Custodial Operations EXCLUDING the Meat Department, RSHA and Outside Areas in accordance with Attachment 2, PWS.

NET AMT

0002AG

FFP

Perform Meat Processing, Preparation and Wrapping Area Custodial tasks in accordance with Attachment 2, PWS.

NET AMT

0002AH

FFP

Perform RSHA and Outside Area Custodial tasks in accordance with Attachment 2, PWS.

NET AMT

0002AJ

FFP

Perform Grounds Maintenance Services in accordance with Attachment 2 (PWS) for grass cutting for the period of mid-April through mid-October. (The QUANTITY shown is an ESTIMATED QUANTITY.)

NET AMT

0002AK

FFP

Perform Grounds Maintenance Services in accordance with Attachment 2 (PWS) for snow and ice removal for the period of mid-October through mid-April. (The QUANTITY shown is an ESTIMATED QUANTITY.)

NET AMT

FFP

Provide all of the necessary supervision, personnel, supplies and equipment to perform Shelf Stocking, Receiving/Storage/Holding Area (RSHA) and Custodial Operations for the Fort Drum Commissary located at Fort Drum, New York, in accordance with Attachment 2, the Performance Work Statement (PWS) and all terms and conditions herein.

SECOND OPTION YEAR: July 1, 2011 through June 30, 2012

NET AMT

0003AA

FFP

Perform Shelf Stocking Operations (includes overwrites between 0 and 7%) in accordance with Attachment 2 (PWS). NOTE: The quantity shown is an ESTIMATED quantity.

NET AMT

0003AB

FFP

Overwrites (cases exceeding 7% of the total monthly cases, IAW paragraph 4.3.3.8 of the PWS @ the unit price of 60% of the case price reflected in subline AA above). NOTE: The quantity shown is an ESTIMATED quantity.

NET AMT

0003AC

FFP

Perform Inventory Preparation Services in accordance with Attachment 2 (PWS). NOTE: The quantity shown is an ESTIMATED quantity.

NET AMT

0003AD

FFP

Perform Receiving/Storage/Holding Area Operations in accordance with Attachment 2 (PWS).

NET AMT

0003AE

FFP

Perform MHE support for inventories in accordance with Attachment 2 (PWS). NOTE: The quantity shown is an ESTIMATED quantity.

NET AMT

0003AF

FFP

Custodial Operations (excluding Custodial for Meat Department, RSHA and Outside Areas.) Perform Custodial Operations EXCLUDING the Meat Department, RSHA and Outside Areas in accordance with Attachment 2, PWS.

NET AMT

0003AG

FFP

Perform Meat Processing, Preparation and Wrapping Area Custodial tasks in accordance with Attachment 2, PWS.

NET AMT

0003AH

FFP

Perform RSHA and Outside Area Custodial tasks in accordance with Attachment 2, PWS.

NET AMT

0003AJ

FFP

Perform Grounds Maintenance Services in accordance with Attachment 2 (PWS) for grass cutting for the period of mid-April through mid-October. (The QUANTITY shown is an ESTIMATED QUANTITY.)

NET AMT

0003AK

FFP

Perform Grounds Maintenance Services in accordance with Attachment 2 (PWS) for snow and ice removal for the period of mid-October through mid-April. (The QUANTITY shown is an ESTIMATED QUANTITY.)

NET AMT

FFP

Provide all of the necessary supervision, personnel, supplies and equipment to perform Shelf Stocking, Receiving/Storage/Holding Area (RSHA) and Custodial Operations for the Fort Drum Commissary located at Fort Drum, New York, in accordance with Attachment 2, the Performance Work Statement (PWS) and all terms and conditions herein.

THIRD OPTION YEAR: July 1, 2012 through June 30, 2013

NET AMT

0004AA

FFP

Perform Shelf Stocking Operations (includes overwrites between 0 and 7%) in accordance with Attachment 2 (PWS). NOTE: The quantity shown is an ESTIMATED quantity.

NET AMT

0004AB

FFP

Overwrites (cases exceeding 7% of the total monthly cases, IAW paragraph 4.3.3.8 of the PWS @ the unit price of 60% of the case price reflected in subline AA above). NOTE: The quantity shown is an ESTIMATED quantity.

NET AMT

0004AC

FFP

Perform Inventory Preparation Services in accordance with Attachment 2 (PWS). NOTE: The quantity shown is an ESTIMATED quantity.

NET AMT

0004AD

FFP

Perform Receiving/Storage/Holding Area Operations in accordance with Attachment 2 (PWS).

NET AMT

0004AE

FFP

Perform MHE support for inventories in accordance with Attachment 2 (PWS). NOTE: The quantity shown is an ESTIMATED quantity.

NET AMT

0004AF

FFP

Custodial Operations (excluding Custodial for Meat Department, RSHA and Outside Areas.) Perform Custodial Operations EXCLUDING the Meat Department, RSHA and Outside Areas in accordance with Attachment 2, PWS.

NET AMT

0004AG

FFP

Perform Meat Processing, Preparation and Wrapping Area Custodial tasks in accordance with Attachment 2, PWS.

NET AMT

0004AH

FFP

Perform RSHA and Outside Area Custodial tasks in accordance with Attachment 2, PWS.

NET AMT

0004AJ

FFP

Perform Grounds Maintenance Services in accordance with Attachment 2 (PWS) for grass cutting for the period of mid-April through mid-October. (The QUANTITY shown is an ESTIMATED QUANTITY.)

NET AMT

0004AK

FFP

Perform Grounds Maintenance Services in accordance with Attachment 2 (PWS) for snow and ice removal for the period of mid-October through mid-April. (The QUANTITY shown is an ESTIMATED QUANTITY.)

NET AMT

FFP

Provide all of the necessary supervision, personnel, supplies and equipment to perform Shelf Stocking, Receiving/Storage/Holding Area (RSHA) and Custodial Operations for the Fort Drum Commissary located at Fort Drum, New York, in accordance with Attachment 2, the Performance Work Statement (PWS) and all terms and conditions herein.

FOURTH OPTION YEAR: July 1, 2013 through June 30, 2014

NET AMT

0005AA

FFP

Perform Shelf Stocking Operations (includes overwrites between 0 and 7%) in accordance with Attachment 2 (PWS). NOTE: The quantity shown is an ESTIMATED quantity.

NET AMT

0005AB

FFP

Overwrites (cases exceeding 7% of the total monthly cases, IAW paragraph 4.3.3.8 of the PWS @ the unit price of 60% of the case price reflected in subline AA above). NOTE: The quantity shown is an ESTIMATED quantity.

NET AMT

0005AC

FFP

Perform Inventory Preparation Services in accordance with Attachment 2 (PWS). NOTE: The quantity shown is an ESTIMATED quantity.

NET AMT

0005AD

FFP

Perform Receiving/Storage/Holding Area Operations in accordance with Attachment 2 (PWS).

NET AMT

0005AE

FFP

Perform MHE support for inventories in accordance with Attachment 2 (PWS). NOTE: The quantity shown is an ESTIMATED quantity.

NET AMT

0005AF

FFP

Custodial Operations (excluding Custodial for Meat Department, RSHA and Outside Areas.) Perform Custodial Operations EXCLUDING the Meat Department, RSHA and Outside Areas in accordance with Attachment 2, PWS.

NET AMT

0005AG

FFP

Perform Meat Processing, Preparation and Wrapping Area Custodial tasks in accordance with Attachment 2, PWS.

NET AMT

0005AH

FFP

Perform RSHA and Outside Area Custodial tasks in accordance with Attachment 2, PWS.

NET AMT

0005AJ

FFP

Perform Grounds Maintenance Services in accordance with Attachment 2 (PWS) for grass cutting for the period of mid-April through mid-October. (The QUANTITY shown is an ESTIMATED QUANTITY.)

NET AMT

0005AK

FFP

Perform Grounds Maintenance Services in accordance with Attachment 2 (PWS) for snow and ice removal for the period of mid-October through mid-April. (The QUANTITY shown is an ESTIMATED QUANTITY.)

NET AMT

Section C - Descriptions and Specifications All work performed under this contract shall be in accordance with Attachment 2, Performance Work Statement (PWS) and all terms and conditions set forth herein.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.246-4504 INSPECTION AND ACCEPTANCE (OCT 1995)

a. The inspection and acceptance point for all services performed under this contract will be the Defense Commissary Agency, Fort Drum Commissary, located in Fort Drum, New York, or as otherwise specified in the Performance Work Statement (PWS) contained herein.

b. The performance by the Contractor and the quality of work delivered, including services rendered, and any documentation or written material in support thereof, shall be subject to continuous inspections, surveillance and review for acceptance by the Contracting Officer or authorized representatives in accordance with the surveillance plan.

c. The rights of the Government and remedies described in TE-1 of the PWS are in addition to all other rights and remedies set forth in this contract. Specifically, the Government reserves its rights under the Inspection of Services clause. Any deductions taken pursuant to the Performance Requirements Summary (PRS) shall reflect the reduced value of services performed under the contract; however, the contract issues shall be resolved in accordance with the Disputes Clause, FAR 52.233-1.

Section F - Deliveries and Performance

CLAUSES INCORPORATED BY REFERENCE

Section G - Contract Administration Data

52.232-4503 REMIT TO ADDRESS (OCT 1995)

Remit to address (if other than Contractor/Offeror address on the face of this contract):

Address:

Point of Contact for invoice inquiries: ____________________________________

Telephone Number: ___________________________________________________

CLAUSES INCORPORATED BY FULL TEXT

52.232-4504 INVOICE AND PAYMENT (OCT 1995)

a. The Contractor may submit monthly itemized invoices for services rendered under this contract. Invoices shall list each line item covered by the contract and the unit price per line item for services performed during the month.

b. Any monetary deductions for services not performed or Performed unsatisfactorily shall be deducted from the amount of the invoice prior to payment (See Technical Exhibit 1 of the Performance Work Statement).

c. In connection with any circumstances in which it is necessary to compute a daily rate of payment (i.e., services performed for less than a month), payment will be made on a pro rata basis for the actual number of working days services are performed (e.g., # days custodial services performed during the month). For those line items in which the unit price is based on an estimated number of units rather than a monthly price (e.g., est. # of cases to be stocked monthly, est. hours for equipment repair, etc.), the contractor shall be paid for actual services performed.

d. Original invoices shall be submitted to the designated payment office. One (1) additional copy of each invoice shall be forwarded to the office of the Contracting Officer responsible for administering this contract.

52.246-4501 QUALITY ASSURANCE EVALUATOR (QAE) (OCT 1995)

Government employed Quality Assurance Evaluator(s) will exercise general surveillance over the contract operation to include input to the contracting officer for contractor performance evaluation.

52.246-4506 ACCESS TO RECORDS, DATA AND FACILITIES (OCT 1995)

The contractor shall permit Defense Contract Audit Agency and the Contracting Officer or any other authorized Government representative access to all records, data and facilities used in the performance of this contract.

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

52.201-4500 AUTHORITY (OCT 1995)

The Contractor shall not in any way represent that he is a part of the United States Government or that he has the authority to contract or procure supplies on the credit of the United States of America.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.204-4500

INSTALLATION ACCESS REQUIREMENTS (DEC 2001)

The contractor is responsible for ensuring compliance with installation access procedures for both personnel and vehicles.

52.209-4501 PERMITS AND RESPONSIBILITIES (OCT 1995)

The Contractor shall, without additional effort by the Government, be responsible for obtaining any necessary licenses and permits, giving all notices, and complying with any applicable Federal, State, and municipal laws, codes, and regulations in connection with the supplies/services covered by this contract.

52.222-4502 EMPLOYMENT OF OFF-DUTY MILITARY PERSONNEL BY GOVERNMENT CONTRACTORS (OCT 1995)

Off-duty employment of military personnel by Government contractors is generally permissible provided such employment does not contravene the policies set forth in DeCAD 80-2 and provided further, that such employment does not involve the holding of a concurrent Federal Civilian position nor result in the direct receipt of Federal compensation for work performed for a Government contractor. DeCAD 80-2 prohibits off-duty employment which interferes with or is not compatible with the performance of Government duties, may reasonably be expected to bring discredit upon the Department of Defense, or is otherwise inconsistent with the requirement to avoid actions which create a conflict or the appearance of a conflict of interest.

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 New York.

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

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

52.232-4505 ADDITIONAL PAYMENT TERMS (OCT 1995)

Notwithstanding any other payment provision contained herein, the Government will not consider any net payment terms less than 30 days. Where no prompt payment terms are offered or net payment terms less than 30 days are offered, acceptance of the offer shall be considered to be on a net 30 days basis only.

52.237-4500 OBSERVATION PERIOD (APR 2004)

The Contractor may be provided an observation period of up to two (2) weeks prior to full take over of services to be performed under this contract. The observation period shall be at no cost to the Government and solely at the option of the Contractor.

A Contractor representative may observe the current work effort prior to full take over of the Shelf Stocking, Receiving/Storage/Holding Area and Custodial operations. During such time, the Contractor is prohibited from interfacing with the current Contractor (if applicable), to include queries as to internal procedures. However, the Contractor may interface with the Government [e.g., Store Director or Quality Assurance Evaluator (QAE)] to determine general work effort required during contract performance.

52.237-4501

RELATIONSHIP BETWEEN GOVERNMENT, CONTRACTOR AND CONTRACTOR

PERSONNEL (OCT 1995)

a. The Government and the Contractor understand and agree that the services to be performed under this contract by the Contractor are non-personal services and the parties recognize and agree that no employer-employee or master-servant relationship exist or will exist under the contract between the Government and the Contractor and/or between the Government and the contractor's personnel. The contractor personnel shall be responsible, not to the Government but solely to the Contractor, who, in turn, shall be accountable to the Government.

b. The Government shall not exercise any supervision or control over Contractor personnel performing services under this contract. Contractor personnel shall not be placed under the supervision, direction, or evaluation of a Federal officer, military or civilian, in connection with performance under this contract. Likewise, Contractor personnel shall not be placed in a position of command, supervision, administration or control over DOD military or civilian personnel, or personnel of other prime contractors, performing under this contract.

c. The Contractor shall be responsible for selecting personnel who are well qualified to perform the required services, for supervising techniques used in their work and for keeping them informed of all improvements, changes and method of operations.

d. Rules, regulations, directives and requirements which are issued during the contract term by DOD Military Command Authorities, under their responsibility for law and order, administration, and security on the installation shall be applicable to all Contractor personnel or representatives who enter the installation, or who travel on Government transportation. This requirement shall not be construed or interpreted to establish any degree of Government control which is inconsistent with the intent of a non-personal services contract. Contractor personnel or representatives shall be subject to such checks as may be deemed necessary to assure that their presence on the installation does not violate these requirements. No employee will be permitted on the installation when such a check reveals that his presence would be detrimental to the security of the installation or the accomplishment of work. When directed by the Contracting Officer, the Contractor shall remove any employee from an assignment to perform services under this contract for reasons of misconduct or breaches of security in connection with his or her employment. Under such circumstances, replacement cost will be a Contractor expense and not reimbursable by the Government. In other instances, the Contractor shall take appropriate personnel action as required in the event of the employee misconduct in connection with his or her employment.

e. The services to be performed under this contract shall not require the Contractor or his employees to exercise personal judgement and discretion on behalf of the Government, but rather, the Contractor's employee shall act and exercise personal judgement and discretion on behalf of the contractor.

f. Contractor and Contractor personnel shall not be considered employees of the Federal Government and shall not be eligible, by virtue of performance under this contract, for payment by the Government of entitlements and benefits accorded federal employees.

g. The entire consideration to the Contractor for performance of this contract is contained in the provisions for payment set forth in this contract.

52.237-4503 MOBILIZATION AND CONTINGENCY PLANNING (OCT 1995)

a. In the event of a general or limited mobilization of reserve forces or an emergency which impacts upon contract performance, the contractor shall take whatever measures needed to meet any new demands placed upon him. Such demands may require increased contractor furnished property, materials, extended work hours and increased number of personnel. Added responsibility, as a result of this requirement will be added by change order or supplemental agreement by the Contracting Officer. No price increase shall become effective until approval by the Contracting Officer.

b. To ensure that Government operations, which depend upon the services provided by this contract, can proceed with no or only minimal disruption, the contractor shall therefore plan for a mobilization or similar emergency and take actions needed to rapidly expand his contract capabilities to meet the exigency. Added responsibilities as a result of this requirement, will be added by change order or supplemental agreement by the Contracting Officer. No price increase shall become effective until approval by the Contracting Officer.

52.245-4500 MEDICAL TREATMENT (OCT 1995)

Government emergency vehicles and medical personnel may be used in emergency situations affecting Contractor personnel whose life may be in danger or who is suffering unendurable pain. Government facilities may be used in these instances as the first point of treatment. Transfer to other than Government medical treatment facilities shall be effected as soon as possible and as determined by attending medical authorities. Based on medical center policies in effect, charges may be made to the employee.

52.246-4505 GOVERNMENT PERFORMANCE OF SERVICES (OCT 1995)

a. If, for any reason, the Contractor fails to perform any services covered by this contract, or should an emergency require performance of services beyond the capability of the contractor, the Government may, if the Contracting Officer determines that the mission at Fort Drum Commissary is endangered, perform or supplement performance of such contract services with Government personnel. Such performance shall not constitute a breach of contract by the Government.

b. If the Government performs services with Government personnel because of the Contractor's failure to perform, as provided in paragraph "a" above, the Contractor shall permit the Government to use and operate such equipment as necessary to perform the function during a period not to exceed one hundred twenty (120) days at the location covered by the contract. The Government's right to use Contractor equipment, pursuant to this subparagraph b, shall cease in the event of cancellation of the contract. During this period any contractor-owned equipment used by the Government shall be maintained by the Government.

c. The Government shall be entitled to an equitable adjustment for the services, if any, which were performed by the Government personnel due to the Contractor's failure to perform required services. The deduction shall be made in accordance with other provisions of this contract. Government performance of services will not constitute a termination for convenience by the Government within the meaning of the FAR Clause 52.249-2.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.217-4501 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (JUL 2003)

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 shall give the Contractor a preliminary written notice of its intent to extend at least 60 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

b. If the Government exercises this option, the extended contract shall be considered to include this option provision.

c. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

52.217-4504 EXERCISE OF OPTION (OCT 1995)

Should the Government exercise its option to extend the term of this contract, the rates set forth in the Schedule (Section B) for each option period shall apply, except as provided by the clause entitled "Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multi Year and Option Contracts)" which is incorporated by reference in the Contract Clauses, Section I of this contract.

52.217-4505 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to expiration of the contract performance period.

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003)

(a) Definition.

"Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(c) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(End of clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUNE 2007)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 561990 assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004)

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

United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board

Division of Information

1099 14th Street, N.W.

Washington, DC 20570

1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to--

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that--

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall--

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(End of clause)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits

21140, Store Worker I, WG 1/2, $14.45 11150, Janitor, WG 2/2, $15.67

11210, Laborer, Grounds Maintenance, WG 3/2, $16.88 21410, Warehouse Specialist, WG 5/2, $19.32 21020, Forklift Operator, WG 5/2, $19.32

21050, Material Handling Laborer, WG 2/2, $15.67 (End of clause)

52.222-4505 FRINGE BENEFITS (OCT 1995)

Under FAR Clause 52.222-42, Statement of Equivalent Rates for Federal Hires, fringe benefits include: Contribution of five point one (5.1) percent of basic hourly rate for health and insurance; contribution of seven (7) percent of basic hourly rate for retirements; ten (10) paid holidays (New Years Day, Martin Luther King Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, and Christmas Day); and Paid Annual Leave vacation as follows: Two (2) hours of annual leave each week for an employee with less than three (3) years service - three (3) hours of annual leave each week for an employee with less than fifteen (15) years service - Four (4) hours of annual leave each week for any employee with fifteen (15) or more years of service.

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—CENTRAL CONTRACTOR REGISTRATION (OCT 2003)

(a) Method of payment. (1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term “EFT” refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either--

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend the payment due date until such time as the…