HDEC08-12-R-0004.doc

Section B - Supplies or Services and Prices

FOIA NOTICE

IMPORTANT NOTICE

Upon award of this contract, the Agency intends to make public the total contract award amount, as well as any awarded individual contract line item pricing(CLIN and Sub-CLIN), within the Agency's electronic reading room located @ www.commissaries.com.

Unexercised Option year prices will not be published.

This action is being taken to ensure contract award information is available to the general public, as it was in the past, pursuant to the President’s January 21, 2009 memorandum regarding the Freedom of Information Act (FOIA).

Services, Nonpersonal

FFP

Provide all necessary supervision, personnel, supplies and equipment to perform shelf stocking, receiving/storage/holding area, custodial and residual grocery operations for the Fort Carson Commissary located in Colorado Springs, Colorado, in accordance with the Performance Work Statement (PWS) as set forth at Attachment 2 and all terms and conditions contained herein:

BASE YEAR: MAY 1, 2013 THROUGH APRIL 30, 2014

FOB: Destination

PURCHASE REQUEST NUMBER: HQCMCA01770001

NET AMT

0001AA

Shelf Stocking Operations

Perform Shelf Stocking Operations in accordance with Attachment 2 (PWS). Includes overwrites between 0% and 7%, as specified in paragraph 4.3.3.8. of the PWS. (Note: The quantity shown is an estimated quantity.)

NET AMT

0001AB

Payment for Excess Overwrites

Overwrite cases exceeding 7% of the total monthly cases, as specified in paragraph 4.3.3.8. of the PWS, will be paid at a unit price of 60% of the case price located in SubCLIN 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

Shelf Stocking - Bereavement Leave

Shelf Stocking - Bereavement Leave (to accommodate the use of Bereavement Leave, per the CBA (Attachment 3) of this requirement for STOCKERS/STOCK CLERK personnel). NOTE: In the case of Bereavement Leave, in order to be reimbursed, the contractor must complete and submit the BEREAVEMENT LEAVE CERTIFICATION form (Attachment 4) per occurrence.

NOTE: The QUANTITY shown is an ESTIMATED QUANTITY.

NET AMT

0001AE

Receiving/Storage/Holding Area Services

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

NET AMT

0001AF

MHE Support for Inventories

Provide Material Handling Equipment (MHE) Support for Inventories in accordance with Attachment 2 (PWS).

(Note: The quantity shown is an estimated quantity.)

NET AMT

0001AG

RSHA Bereavement Leave

RSHA - Bereavement Leave (to accommodate the use of Bereavement Leave, per the CBA (Attachment 3) of this requirement for WAREHOUSE SPECIALIST personnel). NOTE: In the case of Bereavement Leave, in order to be reimbursed, the contractor must complete and submit the BEREAVEMENT LEAVE CERTIFICATION form (Attachment 4) per occurrence.

NOTE: The QUANTITY shown is an ESTIMATED QUANTITY.

NET AMT

0001AH

Custodial Operations – Sales/Admin Area

Provide Custodial Operations in accordance with Attachment 2 (PWS) for all areas except the meat processing, preparation and wrapping area, receiving/storage/holding area, and outside areas.

NET AMT

0001AJ

Custodial Operations - Meat Room

Perform Custodial Operations in accordance with Attachment 2 (PWS) for the meat processing, preparation and wrapping area.

NET AMT

0001AK

Custodial Operations – RSHA/Outside

Perform Custodial Operations in accordance with Attachment 2 (PWS) for the receiving/storage/holding area and all outside areas.

NET AMT

0001AL

Custodial - Bereavement Leave

Custodial - Bereavement Leave (to accommodate the use of Bereavement Leave, per the CBA (Attachment 3) of this requirement for CUSTODIAN personnel). NOTE: In the case of Bereavement Leave, in order to be reimbursed, the contractor must complete and submit the BEREAVEMENT LEAVE CERTIFICATION form (Attachment 4) per occurrence. NOTE: The QUANTITY shown is an ESTIMATED QUANTITY.

NET AMT

0001AM

Residual Grocery Operations

Perform Residual Grocery Operations in accordance with Attachment 2 (PWS), to include the paragraphs preceded with "RG" in shelf stocking, receiving/storage/holding area, and custodial operations.

NET AMT

0001AN

Snow & Ice Removal

Snow and Ice Removal from locations as specified in Attachment 2, paragraph 13.1 and Exhibit 4-6-4 of the PWS. (Note: The quantity shown is an estimated quantity.)

NET AMT

FFP

Provide all necessary supervision, personnel, supplies and equipment to perform shelf stocking, receiving/storage/holding area, custodial and residual grocery operations for the Fort Carson Commissary located in Colorado Springs, Colorado, in accordance with the Performance Work Statement (PWS) as set forth at Attachment 2 and all terms and conditions contained herein:

OPTION YEAR ONE: MAY 1, 2014 THROUGH APRIL 30, 2015

NET AMT

0002AA

FFP

Perform Shelf Stocking Operations in accordance with Attachment 2 (PWS). Includes overwrites between 0% and 7%, as specified in paragraph 4.3.3.8. of the PWS. (Note: The quantity shown is an estimated quantity.)

NET AMT

0002AB

FFP

Overwrite cases exceeding 7% of the total monthly cases, as specified in paragraph 4.3.3.8. of the PWS, will be paid at a unit price of 60% of the case price located in SubCLIN 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

Shelf Stocking - Bereavement Leave (to accommodate the use of Bereavement Leave, per the CBA (Attachment 3) of this requirement for STOCKERS/STOCK CLERK personnel). NOTE: In the case of Bereavement Leave, in order to be reimbursed, the contractor must complete and submit the BEREAVEMENT LEAVE CERTIFICATION form (Attachment 4) per occurrence.

NOTE: The QUANTITY shown is an ESTIMATED QUANTITY.

NET AMT

0002AE

FFP

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

NET AMT

0002AF

FFP

Provide Material Handling Equipment (MHE) Support for Inventories in accordance with Attachment 2 (PWS).

(Note: The quantity shown is an estimated quantity.)

NET AMT

0002AG

FFP

RSHA - Bereavement Leave (to accommodate the use of Bereavement Leave, per the CBA (Attachment 3) of this requirement for WAREHOUSE SPECIALIST personnel). NOTE: In the case of Bereavement Leave, in order to be reimbursed, the contractor must complete and submit the BEREAVEMENT LEAVE CERTIFICATION form (Attachment 4) per occurrence.

NOTE: The QUANTITY shown is an ESTIMATED QUANTITY.

NET AMT

0002AH

FFP

Provide Custodial Operations in accordance with Attachment 2 (PWS) for all areas except the meat processing, preparation and wrapping area, receiving/storage/holding area, and outside areas.

NET AMT

0002AJ

FFP

Perform Custodial Operations in accordance with Attachment 2 (PWS) for the meat processing, preparation and wrapping area.

NET AMT

0002AK

FFP

Perform Custodial Operations in accordance with Attachment 2 (PWS) for the receiving/storage/holding area and all outside areas.

NET AMT

0002AL

FFP

Custodial - Bereavement Leave (to accommodate the use of Bereavement Leave, per the CBA (Attachment 3) of this requirement for CUSTODIAN personnel). NOTE: In the case of Bereavement Leave, in order to be reimbursed, the contractor must complete and submit the BEREAVEMENT LEAVE CERTIFICATION form (Attachment 4) per occurrence. NOTE: The QUANTITY shown is an ESTIMATED QUANTITY.

NET AMT

0002AM

FFP

Perform Residual Grocery Operations in accordance with Attachment 2 (PWS), to include the paragraphs preceded with "RG" in shelf stocking, receiving/storage/holding area, and custodial operations.

NET AMT

0002AN

FFP

Snow and Ice Removal from locations as specified in Attachment 2, paragraph 13.1 and Exhibit 4-6-4 of the PWS. (Note: The quantity shown is an estimated quantity.)

NET AMT

FFP

Provide all necessary supervision, personnel, supplies and equipment to perform shelf stocking, receiving/storage/holding area, custodial and residual grocery operations for the Fort Carson Commissary located in Colorado Springs, Colorado, in accordance with the Performance Work Statement (PWS) as set forth at Attachment 2 and all terms and conditions contained herein:

OPTION YEAR TWO: MAY 1, 2015 THROUGH APRIL 30, 2016

NET AMT

0003AA

FFP

Perform Shelf Stocking Operations in accordance with Attachment 2 (PWS). Includes overwrites between 0% and 7%, as specified in paragraph 4.3.3.8. of the PWS. (Note: The quantity shown is an estimated quantity.)

NET AMT

0003AB

FFP

Overwrite cases exceeding 7% of the total monthly cases, as specified in paragraph 4.3.3.8. of the PWS, will be paid at a unit price of 60% of the case price located in SubCLIN 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

Shelf Stocking - Bereavement Leave (to accommodate the use of Bereavement Leave, per the CBA (Attachment 3) of this requirement for STOCKERS/STOCK CLERK personnel). NOTE: In the case of Bereavement Leave, in order to be reimbursed, the contractor must complete and submit the BEREAVEMENT LEAVE CERTIFICATION form (Attachment 4) per occurrence.

NOTE: The QUANTITY shown is an ESTIMATED QUANTITY.

NET AMT

0003AE

FFP

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

NET AMT

0003AF

FFP

Provide Material Handling Equipment (MHE) Support for Inventories in accordance with Attachment 2 (PWS).

(Note: The quantity shown is an estimated quantity.)

NET AMT

0003AG

FFP

RSHA - Bereavement Leave (to accommodate the use of Bereavement Leave, per the CBA (Attachment 3) of this requirement for WAREHOUSE SPECIALIST personnel). NOTE: In the case of Bereavement Leave, in order to be reimbursed, the contractor must complete and submit the BEREAVEMENT LEAVE CERTIFICATION form (Attachment 4) per occurrence.

NOTE: The QUANTITY shown is an ESTIMATED QUANTITY.

NET AMT

0003AH

FFP

Provide Custodial Operations in accordance with Attachment 2 (PWS) for all areas except the meat processing, preparation and wrapping area, receiving/storage/holding area, and outside areas.

NET AMT

0003AJ

FFP

Perform Custodial Operations in accordance with Attachment 2 (PWS) for the meat processing, preparation and wrapping area.

NET AMT

0003AK

FFP

Perform Custodial Operations in accordance with Attachment 2 (PWS) for the receiving/storage/holding area and all outside areas.

NET AMT

0003AL

FFP

Custodial - Bereavement Leave (to accommodate the use of Bereavement Leave, per the CBA (Attachment 3) of this requirement for CUSTODIAN personnel). NOTE: In the case of Bereavement Leave, in order to be reimbursed, the contractor must complete and submit the BEREAVEMENT LEAVE CERTIFICATION form (Attachment 4) per occurrence. NOTE: The QUANTITY shown is an ESTIMATED QUANTITY.

NET AMT

0003AM

FFP

Perform Residual Grocery Operations in accordance with Attachment 2 (PWS), to include the paragraphs preceded with "RG" in shelf stocking, receiving/storage/holding area, and custodial operations.

NET AMT

0003AN

FFP

Snow and Ice Removal from locations as specified in Attachment 2, paragraph 13.1 and Exhibit 4-6-4 of the PWS. (Note: The quantity shown is an estimated quantity.)

NET AMT

FFP

Provide all necessary supervision, personnel, supplies and equipment to perform shelf stocking, receiving/storage/holding area, custodial and residual grocery operations for the Fort Carson Commissary located in Colorado Springs, Colorado, in accordance with the Performance Work Statement (PWS) as set forth at Attachment 2 and all terms and conditions contained herein:

OPTION YEAR THREE: MAY 1, 2016 THROUGH APRIL 30, 2017

NET AMT

0004AA

FFP

Perform Shelf Stocking Operations in accordance with Attachment 2 (PWS). Includes overwrites between 0% and 7%, as specified in paragraph 4.3.3.8. of the PWS. (Note: The quantity shown is an estimated quantity.)

NET AMT

0004AB

FFP

Overwrite cases exceeding 7% of the total monthly cases, as specified in paragraph 4.3.3.8. of the PWS, will be paid at a unit price of 60% of the case price located in SubCLIN 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

Shelf Stocking - Bereavement Leave (to accommodate the use of Bereavement Leave, per the CBA (Attachment 3) of this requirement for STOCKERS/STOCK CLERK personnel). NOTE: In the case of Bereavement Leave, in order to be reimbursed, the contractor must complete and submit the BEREAVEMENT LEAVE CERTIFICATION form (Attachment 4) per occurrence.

NOTE: The QUANTITY shown is an ESTIMATED QUANTITY.

NET AMT

0004AE

FFP

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

NET AMT

0004AF

FFP

Provide Material Handling Equipment (MHE) Support for Inventories in accordance with Attachment 2 (PWS).

(Note: The quantity shown is an estimated quantity.)

NET AMT

0004AG

FFP

RSHA - Bereavement Leave (to accommodate the use of Bereavement Leave, per the CBA (Attachment 3) of this requirement for WAREHOUSE SPECIALIST personnel). NOTE: In the case of Bereavement Leave, in order to be reimbursed, the contractor must complete and submit the BEREAVEMENT LEAVE CERTIFICATION form (Attachment 4) per occurrence.

NOTE: The QUANTITY shown is an ESTIMATED QUANTITY.

NET AMT

0004AH

FFP

Provide Custodial Operations in accordance with Attachment 2 (PWS) for all areas except the meat processing, preparation and wrapping area, receiving/storage/holding area, and outside areas.

NET AMT

0004AJ

FFP

Perform Custodial Operations in accordance with Attachment 2 (PWS) for the meat processing, preparation and wrapping area.

NET AMT

0004AK

FFP

Perform Custodial Operations in accordance with Attachment 2 (PWS) for the receiving/storage/holding area and all outside areas.

NET AMT

0004AL

FFP

Custodial - Bereavement Leave (to accommodate the use of Bereavement Leave, per the CBA (Attachment 3) of this requirement for CUSTODIAN personnel). NOTE: In the case of Bereavement Leave, in order to be reimbursed, the contractor must complete and submit the BEREAVEMENT LEAVE CERTIFICATION form (Attachment 4) per occurrence. NOTE: The QUANTITY shown is an ESTIMATED QUANTITY.

NET AMT

0004AM

FFP

Perform Residual Grocery Operations in accordance with Attachment 2 (PWS), to include the paragraphs preceded with "RG" in shelf stocking, receiving/storage/holding area, and custodial operations.

NET AMT

0004AN

FFP

Snow and Ice Removal from locations as specified in Attachment 2, paragraph 13.1 and Exhibit 4-6-4 of the PWS. (Note: The quantity shown is an estimated quantity.)

NET AMT

FFP

Provide all necessary supervision, personnel, supplies and equipment to perform shelf stocking, receiving/storage/holding area, custodial and residual grocery operations for the Fort Carson Commissary located in Colorado Springs, Colorado, in accordance with the Performance Work Statement (PWS) as set forth at Attachment 2 and all terms and conditions contained herein:

OPTION YEAR FOUR: MAY 1, 2017 THROUGH APRIL 30, 2018

NET AMT

0005AA

FFP

Perform Shelf Stocking Operations in accordance with Attachment 2 (PWS). Includes overwrites between 0% and 7%, as specified in paragraph 4.3.3.8. of the PWS. (Note: The quantity shown is an estimated quantity.)

NET AMT

0005AB

FFP

Overwrite cases exceeding 7% of the total monthly cases, as specified in paragraph 4.3.3.8. of the PWS, will be paid at a unit price of 60% of the case price located in SubCLIN 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

Shelf Stocking - Bereavement Leave (to accommodate the use of Bereavement Leave, per the CBA (Attachment 3) of this requirement for STOCKERS/STOCK CLERK personnel). NOTE: In the case of Bereavement Leave, in order to be reimbursed, the contractor must complete and submit the BEREAVEMENT LEAVE CERTIFICATION form (Attachment 4) per occurrence.

NOTE: The QUANTITY shown is an ESTIMATED QUANTITY.

NET AMT

0005AE

FFP

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

NET AMT

0005AF

FFP

Provide Material Handling Equipment (MHE) Support for Inventories in accordance with Attachment 2 (PWS).

(Note: The quantity shown is an estimated quantity.)

NET AMT

0005AG

FFP

RSHA - Bereavement Leave (to accommodate the use of Bereavement Leave, per the CBA (Attachment 3) of this requirement for WAREHOUSE SPECIALIST personnel). NOTE: In the case of Bereavement Leave, in order to be reimbursed, the contractor must complete and submit the BEREAVEMENT LEAVE CERTIFICATION form (Attachment 4) per occurrence.

NOTE: The QUANTITY shown is an ESTIMATED QUANTITY.

NET AMT

0005AH

FFP

Provide Custodial Operations in accordance with Attachment 2 (PWS) for all areas except the meat processing, preparation and wrapping area, receiving/storage/holding area, and outside areas.

NET AMT

0005AJ

FFP

Perform Custodial Operations in accordance with Attachment 2 (PWS) for the meat processing, preparation and wrapping area.

NET AMT

0005AK

FFP

Perform Custodial Operations in accordance with Attachment 2 (PWS) for the receiving/storage/holding area and all outside areas.

NET AMT

0005AL

FFP

Custodial - Bereavement Leave (to accommodate the use of Bereavement Leave, per the CBA (Attachment 3) of this requirement for CUSTODIAN personnel). NOTE: In the case of Bereavement Leave, in order to be reimbursed, the contractor must complete and submit the BEREAVEMENT LEAVE CERTIFICATION form (Attachment 4) per occurrence. NOTE: The QUANTITY shown is an ESTIMATED QUANTITY.

NET AMT

0005AM

FFP

Perform Residual Grocery Operations in accordance with Attachment 2 (PWS), to include the paragraphs preceded with "RG" in shelf stocking, receiving/storage/holding area, and custodial operations.

NET AMT

0005AN

FFP

Snow and Ice Removal from locations as specified in Attachment 2, paragraph 13.1 and Exhibit 4-6-4 of the PWS. (Note: The quantity shown is an estimated quantity.)

NET AMT

Section C - Descriptions and Specifications

DESCRIPTION

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 Carson Commissary building, located at 1551 Prussman Boulevard, Building 1800, Fort Carson, CO 80913, 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 or Performance

CLAUSES INCORPORATED BY REFERENCE

Section G - Contract Administration Data

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.

CLAUSES INCORPORATED BY FULL TEXT

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of clause)

52.232-99 (DEV)

52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS

(DEVIATION 2012-00014) (August 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11,2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

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

52.209-4501 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.

52.222-4500 WAGE DETERMINATION – COLLECTIVE BARGAINING AGREEMENT (JAN 2001)

The Collective Bargaining Agreement (CBA) attached hereto is incorporated in and made a part of this solicitation. The minimum hourly wages and fringe benefits as stated in the CBA shall be applicable to any such contract/order awarded as a result of this solicitation. If the Department of Labor should issue a Wage Determination(s), subject to the CBA which is applicable to this procurement, such determination(s) shall be incorporated by amendment to the solicitation.

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 Colorado

(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, RSHA, Custodial, and Residual Grocery 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 the Fort Carson 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

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government.