Solicitation Document Saratoga Springs HDEC0821R0014.pdf

CODE

(Hour)

PAGE(S)

until 03:00 PM local time 28 Sep 2021

X

A X B X C

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X G F 58 - 69

70 - 74 X H 75 - 76 colin.silver@deca.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 76

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

HDEC08 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 4 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

SEE BOX 7

conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

COLIN L. SILVER

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 25

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

26 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 29 - 34 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 35 - 38 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

39 - 56

PART II - CONTRACT CLAUSES

DEFENSE COMMISSARY AGENCY

STORE SERVICES SUPPORT DIVISION

1300 E AVENUE

FORT LEE VA 23801-1800

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

10 Aug 2021

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

HDEC0821R0014

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

IMPORTANT INFORMATION FREEDOM

OF INFORMATION ACT (FOIA)

SOLICITATION AND CONTRACTS FOIA AND

POSTING NOTICE

Any award(s) resulting from issuance of this solicitation or quote may be posted in the DeCA Freedom of Information Act (FOIA) electronic reading room at www.commissaries.com. The posting will contain the total contract award amount, as well as any awarded individual contract line item pricing (CLIN and Sub-CLIN).

Unexercised option prices will not be published.

In compliance with the provisions of Executive Order 12600, the contract holder may identify to the agency FOIA Officer (foia@deca.mil), within 21 calendar days of the contract award date, any information contained in the contract that it deems to be confidential commercial information. The FOIA officer will review the submission and contact the contract holder with a decision. Failure to identify any such information will be interpreted by the Agency as the contract holder having no such information to identify or withhold from posting in the FOIA electronic reading room.

The postings typically take place at a minimum of two distinct points; upon the initial award of the contract and then again after the final option period has been exercised. However, should a FOIA request for the contract be received in the interim, the contract may be reposted including any awarded contract pricing up to the date of the FOIA request. Unexercised option 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).

INFORMATION TO OFFERORS

1. Site Visit: A site visit is tentatively scheduled for August 31, 2021, at 10:00 am EST at the Saratoga Springs commissary.

2. Questions/issues concerning the PWS (Identify incorrect workload data or other incorrect data within the PWS at this time) due by COB: September 7, 2021

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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 Saratoga Springs Commissary located in/near Saratoga Springs, New York, in accordance with Attachment 1, the Performance Work Statement (PWS) and all terms and conditions herein.

BASE YEAR: January 1, 2022 through December 31, 2022

NET AMT

0001AA 91,248 Case

SHELF STOCKING OPERATIONS

FFP

Perform Shelf Stocking Operations (includes overwrites between 0 and 7%) inaccordance with Attachment 1, PWS.

NOTE: The quantity shown is an ESTIMATED quantity.

FOB: Destination S299

0001AB 250 Case

OVERWRITES

FFP

Overwrites (cases that exceed 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 item AA above).

NOTE: The quantity shown is an ESTIMATED quantity.

0001AC 100 Hours

INVENTORY PREPARATION

FFP

Perform inventory preparation operations in accordance with Attachment 1, PWS.

NOTE: The quantity shown is an ESTIMATED quantity.

0001AD 12 Months

RECEIVING/STORAGE/HOLDING AREA OPERATION

FFP

Perform receiving/storage/holding area operations in accordance with Attachment1, PWS.

0001AE 16 Hours

MHE SUPPORT FOR INVENTORIES

FFP

Provide Material Handling Equipment (MHE) Support for Inventories in accordance with Attachment 1, PWS.

NOTE: The quantity shown is an ESTIMATED quantity.

0001AF 12 Months

CUSTODIAL - ADMIN/STORE/PATRON

FFP

Perform Custodial Operations EXCLUDING the Meat Processing, Preparation, and Wrapping Area, RSHA, and Outside Areas in accordance with Attachment 1, PWS.

0001AG 12 Months

CUSTODIAL - MEAT PROCESSING ROOM

FFP

Perform Meat Processing, Preparation and Wrapping Area Custodial operations in accordance with Attachment 1, PWS.

0001AH 12 Months

CUSTODIAL - RSHA & OUTSIDE AREAS

FFP

Perform RSHA Custodial Operations, INCLUDING OUTISIDE AREAS, in accordance with Attachment 1, PWS.

0001AJ 500 Hours

SNOW/ICE REMOVAL

FFP

Perform Snow and Ice Removal Operations in accordance with Attachment 1

(PWS).

Note: (The QUANTITY shown is an ESTIMATED QUANTITY.)

OPTION 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 Saratoga Springs Commissary located in/near Saratoga Springs, New York, in accordance with Attachment 1, the Performance Work Statement

OPTION YEAR ONE: January 1, 2023 through December 31, 2023

0002AA 91,248 Case

OPTION SHELF STOCKING OPERATIONS

FFP

Perform Shelf Stocking Operations (includes overwrites between 0 and 7%) inaccordance with Attachment 1, PWS.

NOTE: The quantity shown is an ESTIMATED quantity.

0002AB 250 Case

OPTION OVERWRITES

FFP

Overwrites (cases that exceed 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 item AA above).

NOTE: The quantity shown is an ESTIMATED quantity.

0002AC 100 Hours

OPTION INVENTORY PREPARATION

FFP

Perform inventory preparation operations in accordance with Attachment 1, PWS.

NOTE: The quantity shown is an ESTIMATED quantity.

0002AD 12 Months

OPTION RECEIVING/STORAGE/HOLDING AREA OPERATION

FFP

Perform receiving/storage/holding area operations in accordance with Attachment1, PWS.

0002AE 16 Hours

OPTION MHE SUPPORT FOR INVENTORIES

FFP

Provide Material Handling Equipment (MHE) Support for Inventories in accordance with Attachment 1, PWS.

NOTE: The quantity shown is an ESTIMATED quantity.

0002AF 12 Months

OPTION CUSTODIAL - ADMIN/STORE/PATRON

FFP

Perform Custodial Operations EXCLUDING the Meat Processing, Preparation, and Wrapping Area, RSHA, and Outside Areas in accordance with Attachment 1, PWS.

0002AG 12 Months

OPTION CUSTODIAL - MEAT PROCESSING ROOM

FFP

Perform Meat Processing, Preparation and Wrapping Area Custodial operations in accordance with Attachment 1, PWS.

0002AH 12 Months

OPTION CUSTODIAL - RSHA & OUTSIDE AREAS

FFP

Perform RSHA Custodial Operations, INCLUDING OUTISIDE AREAS, in accordance with Attachment 1, PWS.

0002AJ 500 Hours

OPTION SNOW/ICE REMOVAL

FFP

Perform Snow and Ice Removal Operations in accordance with Attachment 1

(PWS).

Note: (The QUANTITY shown is an ESTIMATED QUANTITY.)

OPTION 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 Saratoga Springs Commissary located in/near Saratoga Springs, New York, in accordance with Attachment 1, the Performance Work Statement

OPTION YEAR TWO: January 1, 2024 through December 31, 2024

0003AA 91,248 Case

OPTION SHELF STOCKING OPERATIONS

FFP

Perform Shelf Stocking Operations (includes overwrites between 0 and 7%) inaccordance with Attachment 1, PWS.

NOTE: The quantity shown is an ESTIMATED quantity.

0003AB 250 Case

OPTION OVERWRITES

FFP

Overwrites (cases that exceed 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 item AA above).

NOTE: The quantity shown is an ESTIMATED quantity.

0003AC 100 Hours

OPTION INVENTORY PREPARATION

FFP

Perform inventory preparation operations in accordance with Attachment 1, PWS.

NOTE: The quantity shown is an ESTIMATED quantity.

0003AD 12 Months

OPTION RECEIVING/STORAGE/HOLDING AREA OPERATION

FFP

Perform receiving/storage/holding area operations in accordance with Attachment1, PWS.

0003AE 16 Hours

OPTION MHE SUPPORT FOR INVENTORIES

FFP

Provide Material Handling Equipment (MHE) Support for Inventories in accordance with Attachment 1, PWS.

NOTE: The quantity shown is an ESTIMATED quantity.

0003AF 12 Months

OPTION CUSTODIAL - ADMIN/STORE/PATRON

FFP

Perform Custodial Operations EXCLUDING the Meat Processing, Preparation, and Wrapping Area, RSHA, and Outside Areas in accordance with Attachment 1, PWS.

0003AG 12 Months

OPTION CUSTODIAL - MEAT PROCESSING ROOM

FFP

Perform Meat Processing, Preparation and Wrapping Area Custodial operations in accordance with Attachment 1, PWS.

0003AH 12 Months

OPTION CUSTODIAL - RSHA & OUTSIDE AREAS

FFP

Perform RSHA Custodial Operations, INCLUDING OUTISIDE AREAS, in accordance with Attachment 1, PWS.

0003AJ 500 Hours

OPTION SNOW/ICE REMOVAL

FFP

Perform Snow and Ice Removal Operations in accordance with Attachment 1

(PWS).

Note: (The QUANTITY shown is an ESTIMATED QUANTITY.)

OPTION 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 Saratoga Springs Commissary located in/near Saratoga Springs, New York, in accordance with Attachment 1, the Performance Work Statement

OPTION YEAR THREE: January 1, 2025 through December 31, 2025

0004AA 91,248 Case

OPTION SHELF STOCKING OPERATIONS

FFP

Perform Shelf Stocking Operations (includes overwrites between 0 and 7%) inaccordance with Attachment 1, PWS.

NOTE: The quantity shown is an ESTIMATED quantity.

0004AB 250 Case

OPTION OVERWRITES

FFP

Overwrites (cases that exceed 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 item AA above).

NOTE: The quantity shown is an ESTIMATED quantity.

0004AC 100 Hours

OPTION INVENTORY PREPARATION

FFP

Perform inventory preparation operations in accordance with Attachment 1, PWS.

NOTE: The quantity shown is an ESTIMATED quantity.

0004AD 12 Months

OPTION RECEIVING/STORAGE/HOLDING AREA OPERATION

FFP

Perform receiving/storage/holding area operations in accordance with Attachment1, PWS.

0004AE 16 Hours

OPTION MHE SUPPORT FOR INVENTORIES

FFP

Provide Material Handling Equipment (MHE) Support for Inventories in accordance with Attachment 1, PWS.

NOTE: The quantity shown is an ESTIMATED quantity.

0004AF 12 Months

OPTION CUSTODIAL - ADMIN/STORE/PATRON

FFP

Perform Custodial Operations EXCLUDING the Meat Processing, Preparation, and Wrapping Area, RSHA, and Outside Areas in accordance with Attachment 1, PWS.

0004AG 12 Months

OPTION CUSTODIAL - MEAT PROCESSING ROOM

FFP

Perform Meat Processing, Preparation and Wrapping Area Custodial operations in accordance with Attachment 1, PWS.

0004AH 12 Months

OPTION CUSTODIAL - RSHA & OUTSIDE AREAS

FFP

Perform RSHA Custodial Operations, INCLUDING OUTISIDE AREAS, in accordance with Attachment 1, PWS.

0004AJ 500 Hours

OPTION SNOW/ICE REMOVAL

FFP

Perform Snow and Ice Removal Operations in accordance with Attachment 1

(PWS).

Note: (The QUANTITY shown is an ESTIMATED QUANTITY.)

OPTION 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 Saratoga Springs Commissary located in/near Saratoga Springs, New York, in accordance with Attachment 1, the Performance Work Statement

OPTION YEAR FOUR: January 1, 2026 through December 31, 2026

0005AA 91,248 Case

OPTION SHELF STOCKING OPERATIONS

FFP

Perform Shelf Stocking Operations (includes overwrites between 0 and 7%) inaccordance with Attachment 1, PWS.

NOTE: The quantity shown is an ESTIMATED quantity.

0005AB 250 Case

OPTION OVERWRITES

FFP

Overwrites (cases that exceed 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 item AA above).

NOTE: The quantity shown is an ESTIMATED quantity.

0005AC 100 Hours

OPTION INVENTORY PREPARATION

FFP

Perform inventory preparation operations in accordance with Attachment 1, PWS.

NOTE: The quantity shown is an ESTIMATED quantity.

0005AD 12 Months

OPTION RECEIVING/STORAGE/HOLDING AREA OPERATION

FFP

Perform receiving/storage/holding area operations in accordance with Attachment1, PWS.

0005AE 16 Hours

OPTION MHE SUPPORT FOR INVENTORIES

FFP

Provide Material Handling Equipment (MHE) Support for Inventories in accordance with Attachment 1, PWS.

NOTE: The quantity shown is an ESTIMATED quantity.

0005AF 12 Months

OPTION CUSTODIAL - ADMIN/STORE/PATRON

FFP

Perform Custodial Operations EXCLUDING the Meat Processing, Preparation, and Wrapping Area, RSHA, and Outside Areas in accordance with Attachment 1, PWS.

0005AG 12 Months

OPTION CUSTODIAL - MEAT PROCESSING ROOM

FFP

Perform Meat Processing, Preparation and Wrapping Area Custodial operations in accordance with Attachment 1, PWS.

0005AH 12 Months

OPTION CUSTODIAL - RSHA & OUTSIDE AREAS

FFP

Perform RSHA Custodial Operations, INCLUDING OUTISIDE AREAS, in accordance with Attachment 1, PWS.

0005AJ 500 Hours

OPTION SNOW/ICE REMOVAL

FFP

Perform Snow and Ice Removal Operations in accordance with Attachment 1

(PWS).

Note: (The QUANTITY shown is an ESTIMATED QUANTITY.)

Section C - Descriptions and Specifications

All work performed under this contract shall be in accordance with Attachment 1, Performance Work Statement (PWS) and all terms and conditions set forth herein.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996

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, Saratoga Springs Commissary, located in Saratoga Springs, 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 or Performance

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984

Section G - Contract Administration Data

252.204-7006 Billing Instructions OCT 2005

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.

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018)

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

Contract financing payment means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government.

(1) Contract financing payments include--

(i) Advance payments;

(ii) Performance-based payments;

(iii) Commercial advance and interim payments;

(iv) Progress payments based on cost under the clause at Federal Acquisition Regulation (FAR) 52.232-16, Progress Payments;

(v) Progress payments based on a percentage or stage of completion (see FAR 32.102(e)), except those made under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at FAR 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(vi) Interim payments under a cost reimbursement contract, except for a cost reimbursement contract for services when Alternate I of the clause at FAR 52.232-25, Prompt Payment, is used.

(2) Contract financing payments do not include--

(i) Invoice payments;

(ii) Payments for partial deliveries; or

(iii) Lease and rental payments.

Electronic form means any automated system that transmits information electronically from the initiating system to affected systems.

Invoice payment means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.

(1) Invoice payments include--

(i) Payments for partial deliveries that have been accepted by the Government;

(ii) Final cost or fee payments where amounts owed have been settled between the Government and the contractor;

(iii) For purposes of subpart 32.9 only, all payments made under the clause at 52.232-5, Payments Under Fixed- Price Construction Contracts, and the clause at 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(iv) Interim payments under a cost-reimbursement contract for services when Alternate I of the clause at 52.232-25, Prompt Payment, is used.

(2) Invoice payments do not include contract financing payments.

Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract or task or delivery order.

Receiving report means the data prepared in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement.

(b) Except as provided in paragraph (d) of this clause, the Contractor shall submit payment requests and receiving reports in electronic form using Wide Area WorkFlow (WAWF). The Contractor shall prepare and furnish to the Government a receiving report at the time of each delivery of supplies or services under this contract or task or delivery order.

(c) Submit payment requests and receiving reports to WAWF in one of the following electronic formats:

(1) Electronic Data Interchange.

(2) Secure File Transfer Protocol.

(3) Direct input through the WAWF website.

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

(1) The Contractor has requested permission in writing to do so, and the Contracting Officer has provided instructions for a temporary alternative method of submission of payment requests and receiving reports in the contract administration data section of this contract or task or delivery order;

(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 on a contract or task or delivery order for rendered health care services using the TRICARE Encounter Data System; or

(4) The Governmentwide commercial purchase card is used as the method of payment, in which case submission of only the receiving report in WAWF is required.

(e) Information regarding WAWF is available at https://wawf.eb.mil/.

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

(End of clause)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(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.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (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.sam.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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2in1

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(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 HQ0866

Issue By DoDAAC HDEC08

Admin DoDAAC** HDEC08

Inspect By DoDAAC HDEC08

Ship To Code HQCNE5

Ship From Code Contractor CAGE CODE (TBD)

Mark For Code N/A

Service Approver (DoDAAC) HQCNE5

Service Acceptor (DoDAAC) HQCNE5

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(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: Colin L. Silver, colin.silver@deca.mil

Contracting Officer: Diana Gross-Bendall, diana.gross-bendall@deca.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

Section H - Special Contract Requirements

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.

52.204-4500 INSTALLATION ACCESS REQUIREMENTS (JAN 31 2012)

The contractor shall be responsible for ensuring full compliance with all installation access procedures. Installation access includes, but is not limited to, obtaining applicable installation passes and inspections for vehicles and personnel. Contractor employees may also be subject to background security checks/clearances in order to obtain credentials for passes. Some installations are using programs, such as RAPIDGate, which may result in a cost to the contractor. Any costs associated with such programs or with obtaining passes, will not be reimbursed separately and should be included in the contractor's proposed pricing for the product or services being acquired.

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.

52.228-4500 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 Saratoga Springs 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

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

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

JUN 2020

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.219-8 Utilization of Small Business Concerns OCT 2018 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-37 Employment Reports on Veterans JUN 2020 52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons OCT 2020 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 NOV 2020 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-25 Prompt Payment JAN 2017 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.244-6 Subcontracts for Commercial Items NOV 2020 52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 52.246-25 Limitation Of Liability--Services FEB 1997 52.248-1 Value Engineering JUN 2020 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

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

Officials

NOV 2011

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.216-7009 Allowability of Legal Costs Incurred in Connection With a Whistleblower Proceeding

SEP 2013

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.247-7023 Transportation of Supplies by Sea FEB 2019

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.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(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 gives the Contractor a preliminary written notice of its intent to extend at least 60 days (60 days unless a different number of days is inserted) 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 clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 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.

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2020-O0008) (OCT 2020)

(a) Definition. Small business concern, as used in this clause--

(1) 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.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) 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.

(d) Agreement.

(1) For a contract or an order at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract or an order exceeding the simplified acquisition threshold, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business…