Solicitation_HDEC08-15-R-0006_-_Fort_Bragg_North.doc

Section A - Solicitation/Contract Form

IMPORTANT INFORMATION

FREEDOM OF INFORMATION ACT (FOIA)

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

Unexercised Option year prices will not be published.

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

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

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

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

Section B - Supplies or Services and Prices

Services, Non-Personal

FFP

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

BASE PERIOD: November 1, 2015 through October 31, 2016

FOB: Destination

PURCHASE REQUEST NUMBER: HQCCAY03080001

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

Payments for Excessive 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

Stocker - Bereavement Leave

Funds are obligated to accommodate the use of bereavement leave, per the Collective Bargaining Agreement of this requirement for SHELF STOCKING 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 8) per occurrence.

NET AMT

0001AE

Receiving/Storage/Holding Area Operation

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

NET AMT

0001AF

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

0001AG

Forklift Operator - Bereavement Leave

Collective Bargaining Agreement of this requirement for RECEIVING/STORAGE/HOLDING AREA 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 8) per occurrence.

NET AMT

0001AH

Custodial - Admin/Store/Patron

Perform Custodial Operations EXCLUDING the Meat Processing, Preparation, and Wrapping Area, RSHA, and Outside Areas in accordance with Attachment 2, PWS.

NET AMT

0001AJ

Custodial - Meat Processing Room

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

NET AMT

0001AK

Custodial - RSHA & Outside Areas

Perform RSHA Custodial Operations, INCLUDING OUTSIDE AREAS, in accordance with Attachment 2, PWS.

NET AMT

0001AL

Custodian - Bereavement Leave

Funds are obligated to accommodate the use of bereavement leave, per the Collective Bargaining Agreement of this requirement for CUSTODIAL 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 8) per occurrence.

NET AMT

FFP

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

FIRST OPTION YEAR: November 1, 2016 through October 31, 2017

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

Funds are obligated to accommodate the use of bereavement leave, per the Collective Bargaining Agreement of this requirement for SHELF STOCKING 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 8) per occurrence.

NET AMT

0002AE

FFP

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

NET AMT

0002AF

FFP

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

NET AMT

0002AG

FFP

Collective Bargaining Agreement of this requirement for RECEIVING/STORAGE/HOLDING AREA 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 8) per occurrence.

NET AMT

0002AH

FFP

Perform Custodial Operations EXCLUDING the Meat Processing, Preparation, and Wrapping Area, RSHA, and Outside Areas in accordance with Attachment 2, PWS.

NET AMT

0002AJ

FFP

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

NET AMT

0002AK

FFP

Perform RSHA Custodial Operations, INCLUDING OUTSIDE AREAS, in accordance with Attachment 2, PWS.

NET AMT

0002AL

FFP

Funds are obligated to accommodate the use of bereavement leave, per the Collective Bargaining Agreement of this requirement for CUSTODIAL 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 8) per occurrence.

NET AMT

FFP

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

SECOND OPTION YEAR: November 1, 2017 through October 31, 2018

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

Funds are obligated to accommodate the use of bereavement leave, per the Collective Bargaining Agreement of this requirement for SHELF STOCKING 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 8) per occurrence.

NET AMT

0003AE

FFP

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

NET AMT

0003AF

FFP

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

NET AMT

0003AG

FFP

Collective Bargaining Agreement of this requirement for RECEIVING/STORAGE/HOLDING AREA 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 8) per occurrence.

NET AMT

0003AH

FFP

Perform Custodial Operations EXCLUDING the Meat Processing, Preparation, and Wrapping Area, RSHA, and Outside Areas in accordance with Attachment 2, PWS.

NET AMT

0003AJ

FFP

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

NET AMT

0003AK

FFP

Perform RSHA Custodial Operations, INCLUDING OUTSIDE AREAS, in accordance with Attachment 2, PWS.

NET AMT

0003AL

FFP

Funds are obligated to accommodate the use of bereavement leave, per the Collective Bargaining Agreement of this requirement for CUSTODIAL 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 8) per occurrence.

NET AMT

FFP

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

THIRD OPTION YEAR: November 1, 2018 through October 31, 2019

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

Funds are obligated to accommodate the use of bereavement leave, per the Collective Bargaining Agreement of this requirement for SHELF STOCKING 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 8) per occurrence.

NET AMT

0004AE

FFP

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

NET AMT

0004AF

FFP

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

NET AMT

0004AG

FFP

Collective Bargaining Agreement of this requirement for RECEIVING/STORAGE/HOLDING AREA 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 8) per occurrence.

NET AMT

0004AH

FFP

Perform Custodial Operations EXCLUDING the Meat Processing, Preparation, and Wrapping Area, RSHA, and Outside Areas in accordance with Attachment 2, PWS.

NET AMT

0004AJ

FFP

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

NET AMT

0004AK

FFP

Perform RSHA Custodial Operations, INCLUDING OUTSIDE AREAS, in accordance with Attachment 2, PWS.

NET AMT

0004AL

FFP

Funds are obligated to accommodate the use of bereavement leave, per the Collective Bargaining Agreement of this requirement for CUSTODIAL 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 8) per occurrence.

NET AMT

FFP

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

FOURTH OPTION YEAR: November 1, 2019 through October 31, 2020

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

Funds are obligated to accommodate the use of bereavement leave, per the Collective Bargaining Agreement of this requirement for SHELF STOCKING 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 8) per occurrence.

NET AMT

0005AE

FFP

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

NET AMT

0005AF

FFP

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

NET AMT

0005AG

FFP

Collective Bargaining Agreement of this requirement for RECEIVING/STORAGE/HOLDING AREA 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 8) per occurrence.

NET AMT

0005AH

FFP

Perform Custodial Operations EXCLUDING the Meat Processing, Preparation, and Wrapping Area, RSHA, and Outside Areas in accordance with Attachment 2, PWS.

NET AMT

0005AJ

FFP

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

NET AMT

0005AK

FFP

Perform RSHA Custodial Operations, INCLUDING OUTSIDE AREAS, in accordance with Attachment 2, PWS.

NET AMT

0005AL

FFP

Funds are obligated to accommodate the use of bereavement leave, per the Collective Bargaining Agreement of this requirement for CUSTODIAL 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 8) per occurrence.

NET AMT

Section C - Descriptions and Specifications

CLAUSES INCORPORATED BY FULL TEXT

All work performed under this conttact 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

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 Bragg North Commissary, located in Fayetteville, North Carolina, 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.

CLAUSES INCORPORATED BY FULL TEXT

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.

CLAUSES INCORPORATED BY FULL TEXT

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

(a) Definitions. As used in this clause–

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

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

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

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

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

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

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

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

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

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

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

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

(End of clause)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2in1 Invoice

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

Destination

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

Routing Data Table*

Field Name in WAWF

Data to be entered in WAWF

Pay Official DoDAAC

DFAS Payment Office DODAAC (HQ0131) Issue By DoDAAC

DeCA Issuing Office DODAAC (HDEC08) Admin DoDAAC

Inspect By DoDAAC

Ship To Code

Store DODAAC (HQCCAY) Ship From Code

Contractor CAGE Code (To be determined) Mark For Code

Not Applicable Service Approver (DoDAAC)

Store DODAAC (HQCCAY) Service Acceptor (DoDAAC)

Store DODAAC (HQCCAY) Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

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

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

Contract Specialist: Raelynn Richardson, Raelynn.richardson@deca.mil

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

Contract Specialist: Raelynn Richardson, Raelynn.richardson@deca.mil

Contracting Officer: Kathy L. Hawthorne, kathy.hawthorne@deca.mil

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

(End of clause)

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.

CLAUSES INCORPORATED BY FULL TEXT

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.

CLAUSES INCORPORATED BY FULL TEXT

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.

CLAUSES INCORPORATED BY FULL TEXT

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.

CLAUSES INCORPORATED BY FULL TEXT

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.

CLAUSES INCORPORATED BY FULL TEXT

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 North Carolina.

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

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

CLAUSES INCORPORATED BY FULL TEXT

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.

CLAUSES INCORPORATED BY FULL TEXT

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 (RSHA), 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.

CLAUSES INCORPORATED BY FULL TEXT

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.

CLAUSES INCORPORATED BY FULL TEXT

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.

CLAUSES INCORPORATED BY FULL TEXT

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.

CLAUSES INCORPORATED BY FULL TEXT

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 Bragg North 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

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

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

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

Registered in the System for Award Management SAM database means that--

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does…