HQ0034-12-R-3007.doc

Section A - Solicitation/Contract Form

MUST BE AN APPROVED CARRIER

To be eligible for award, the offeror, on the date that proposals are submitted, must be a DOD approved carrier and remain approved for the duration of the contract, in accordance with the Defense Travel Management Office regulation. Offerors that are not DoD-approved carriers on the proposal due date are not eligible for award and will be rejected.

https://www.defensetravel.dod.mil

Section B - Supplies or Services and Prices

Shuttle Bus Services

FFP

This shuttle bus services will operate between Franconia Springfield Metrorail facility and the DoD’s Base Realignment and Closure (BRAC) 133 facility at the Mark Center in Alexandria Virginia (BRAC 133 facility or Mark Center).

The performance period covered by this CLIN is 01 May 2012 through 30 April 2013. The hours of operation are defined in section 1.10 of the PWS.

NET AMT

Shuttle Bus Services

FFP

This shuttle bus services will operate between Franconia Springfield Metrorail facility and the DoD’s Base Realignment and Closure (BRAC) 133 facility at the Mark Center in Alexandria Virginia (BRAC 133 facility or Mark Center).

The performance period covered by this CLIN is 01 May 2013 through 30 April 2014. The hours of operation are defined in section 1.10 of the PWS.

NET AMT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

Performance Work Statement (PWS)

MARK CENTER SHUTTLE BUS SERVICE (BRAC 133)

To/From Franconia Springfield Metro Transit Station

PART 1-GENERAL INFORMATION

1.1. Description of Services/Introduction: The contractor shall provide all equipment, tools, materials and other items and non-personal services necessary to perform bus operation services as defined in this Performance Work Statement. The contractor shall perform to the standards in this contract.

1.2. Background: This contract provides ground transportation (in the form of shuttle bus service) for Department of Defense (DoD) personnel in the National Capitol Region (NCR). This shuttle bus service is specifically for DoD personnel assigned to the Mark Center.

1.3. Objectives: The Contractor will provide all DoD Shuttle Bus Service Support. This support includes:

a) Providing driver operated shuttle bus services

b) Providing climate controlled equipment capable of carrying a minum of 40 seated personnel

c) Providing commercially licensed bus drivers and other personnel necessary to meet the service schedules

d) Maintaining and inspecting buses

e) License and Security Requirements

f) Vehicle Insurance and Liability

g) Special Qualifications

1.4. Scope: The contractor shall provide services for operating DoD shuttle bus services. The contractor must be a DOD approved carrier and remain DOD approved for the duration of the contract. DoD approved carriers are listed at the Defense Travel Management Office regulation.

https://www.defensetravel.dod.mil

1.5. The contractor shall provide properly maintained buses and drivers IAW all federal, state, and local laws in order to support the Mark Center / Franconia-Springfield Metro route.

1.6. Period of Performance:

Base Period-

1 May 2012 – 30 April 2013

Option Period 1- 1 May 2013 – 30 April 2014

1.7. Type of Contract: The government anticipates an award of a Commercial Firm Fixed Priced contract.

1.8. Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which it assures its self that its work complies with the requirement of the contract. As a minimum, the contractor shall develop quality control procedures that address the areas identified in Technical Exhibit 1, “Performance Requirements Summary”. After approval of the quality control plan by the Government, any changes to the QCP must be approved by the Contracting Officer in writing. (The QC Plan should be delivered no later than seven days after the contract is issued.)

1.8 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with PWS Part 8, Technical Exhibits 1 (Performance Requirements Summary) and Technical Exhibit 2 (Deliverables Schedule).

1.9.

Recognized Holidays: The contractor is not required to perform services on the following Holidays

· President’s Day

· Columbus Day

1.10. Hours of Operation/Place of Performance: The contractor is responsible for conducting shuttle bus service operations between the hours of 0530-0930 and 1530-1930 Monday thru Friday except Federal holidays or when the Mark Center or Franconia Springfield Metro Station is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Morning hours will be from 0530-0930 and evening hours will be from 1530-1930. There will be no mid-day service unless specifically requested by the Government.

Shuttle buses must run continuously and uninterrupted during hours of operation between the Franconia Springfield Metro Station and the Mark Center without intermediate stops. Buses must depart from each location every 15 minutes during hours of operation. The last morning bus will depart at 0930 from Franconia Springfield Metro Station to the Mark Center. The last evening bus will depart at 1930 from the Mark Center to the Franconia Springfield Metro Station.. Contractor shall accommodate changes to this schedule, if requested by the Government, within 2 business days. The place of performance is to and from the Franconia Springfield Metro Station, 6880 Frontier Drive, Springfield, VA to the Mark Center Transit Center, 4800 Mark Center Drive, Alexandria, VA.

1.11.0.

Security:

1.11.1.

Physical Security – The contractor shall be responsible for safeguarding, maintaining, and staging the equipment vehicles in a secure area at all times. All personnel and drivers involved in providing the services required by this PWS shall, at contractor’s expense, complete an annual Anti-Terrorism and Force Protection (AT/FP) awareness training course. The contractor shall provide proof of completed trainings.

1.11.2.

Security Requirements –Service provider for shuttle bus routes supporting the Mark Center should ensure that any/all drivers assigned to the routes have passed a National Criminal Investigation Check (NCIC). This check must be performed before drivers can start the shuttle routes. Currently, there is no cost to the provider for this background check. A list of the drivers full names, date of birth, and social security numbers should be provided to the Contracting Officer Representative (COR) to be passed on to the Pentagon Security office to have this check completed. The company must provide the COR with an emergency phone number for twenty-four, 7 day-a-week contact purposes.

1.11.3.

Emergency Management/Contingency Plan - In the event of an emergency at the Mark Center Complex, all buses will re-route to the original mass transit facility location and await further instructions from the COR or Alternative Contracting Officer Representative (ACOR). During inclement weather and major traffic events, the shuttle buses will operate on a normal schedule until giving further instruction by the ACOR. In the event, the Office of Personnel Management (OPM) deems the Federal Government to open late or be released on early dismissal or closure policy, the contractor will provide transportation for personnel to mass transit centers as instructed by the ACOR.

The current design of Mark Center Station and the surrounding Mark Center Complex does not accommodate bus layover when vehicles are not in their assigned bays. Layover is defined as a bus not in operation. Layovers in the assigned bays are not permitted due to lack of space.

1.12.0.

Special Qualifications:

1.12.1.

The contractor is responsible for ensuring all employees possess all required licenses for operating equipment used in the execution of this contract. The Contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this statement of work when the Government facility is not closed for the aforesaid reasons. All drivers shall possess a valid Commercial Driver’s License (CDL) and have passed a NCIC background check. The Contractor employees’ attire must be standardized in style and colors, be in accordance with company policy and be easily identified by either a stitched company logo or name badge with the company name and other information listed. Drivers will maintain a neat and clean appearance and be courteous at all times. No open toed shoes or sandals are to be worn. Drivers may not eat or use hand held or personal electronic devices or cell phones (except for emergencies) while operating the vehicles. Music or other audio or visual recordings are not permitted on the buses.

1.12.2. Contractor employees operating the shuttle bus must display their qualifications and license to operate such a vehicle on the shuttle while they are operating the shuttle.

1.12.3. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend a post award conference and/or periodic meetings convened by the contracting activity. The Contracting Officer (CO), Contracting Officer Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At such meetings, the contractor will be apprised of its performance. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.12.4. Contracting Officer Representative (COR): The COR will monitor all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notify both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.12.5. Contract Manager: The contractor shall provide a full time contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the CO and COR. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

Part 2- Specific Tasks

2.1.1. Basic Services: The contractor shall provide shuttle bus services for the established Mark Center Bus Route locations at Franconia/Springfield Metro Station to/from Mark Center at precise times as specified in this PWS.

2.1.2.

The Contractor shall provide properly maintained buses and operate a bus operation in compliance with rules and regulations contained in the Federal Motor Carrier Safety Regulations and the Military Bus Agreement. Also, the Contractor shall ensure there are adequately trained drivers and supervisory personnel.

2.1.3. All buses shall be in good operating condition. All buses shall be climate controlled with operating heating and air conditioning. All items needing repair must be repaired immediately upon detection and all operational features shall work without strain or unnecessary noise.

2.1.4.0. Each bus shall have a professional appearance that is free of noticeable dirt, debris, accident damage, or other damage. Paint schemes shall be compatible and subdued. Exteriors shall be washed as necessary, and interiors cleaned, sanitized and/or swept daily, or more often as needed. Windows shall be cleaned. Upholstery seat forearms, armrests, and cushions shall be in good repair and not torn, misshapen or unusable. The Contracting Officer’s Representative (COR) may, upon cause and at his option, require the Contractor to have any designated bus re-inspected for safety requirement compliance at any time during the contract period, and if necessary, remove the bus for cause.

2.1.4.1. The vehicles provided under this contract shall display the following identifying markings on the outside of the vehicle:

a. Sign on the front reading “DoD Bus Route” and the correct number for the particular route.

b. Sign on the top front and right side indicating destination.

c. The signs referenced above shall have lettering a minimum of three inches (3’) in height.

2.1.4.2. The Contractor shall post a sign stating the operator’s name, inside the bus at the front above the windshield, or other similar, appropriate, visible location. The Contractor shall also post a signage in the leased vehicles that is visible to all patrons that provides information on who to contact about the bus route, suggestions, complaints or comments.

2.1.4.3. The vehicles shall have a minimum of one (1) “NO SMOKING” sign conspicuously posted inside the bus.

2.2. The Contractor shall ensure that all vehicles providing the transportation services under this contract have a minimum seating capacity of 40 passengers. Also, the Contractor shall ensure that only duly authorized patrons with appropriate Identification (ID) Cards utilize this bus service. These patrons are as follows:

a. Military personnel on active duty, either in uniform or upon presentation of their active duty Armed forces Identification Card (DD Form 24, green border). No dependents allowed.

b. DOD Civilian Personnel with DOD ID Cards or DOD Building Passes.

c. Retired military ID Cards (DD Form 2A; Ret.) SHALL NOT BE HONORED.

2.2.1. The Contractor shall provide the following completed Passenger Reports monthly.

a. Daily ridership counts are required for the route for the AM and PM.

b. Weekly review of customer complaints/feedback and resolution of issues.

c. Monthly ridership reports for the AM and PM service

1 Jul 2012 – 30 Jun 2013

28 Jul 2012

28 Jul 2013

2.3.0. Mechanical Breakdowns:

2.3.1. The Contractor shall immediately notify the COR when any breakdown, accidents, or incidents occur and provide an assessment as to when the affected service will be restored.

2.3.2. The Contractor shall correct mechanical breakdowns of the heating or air condition equipment, regardless of where the breakdown occurs, by replacing the vehicle within two (2) hours of such breakdown.

2.3.3. The Contractor shall correct any mechanical breakdown, where a bus can no longer transport passengers, within one (1) hour by substitution of a contract qualified bus at the site of the breakdown where passengers will subsequently be transferred.

Accident Reporting. When a bus carrying DOD passengers is involved in an accident that results in an injury, fatality, or substantial property damage, the carrier will immediately provide the following information to the COR/ACOR by the most expeditious means possible:

a. Date, time and place of accident

b. Nature of accident

c. Number of DOD passengers on board

d. Number, and location of injured passengers

e. Number, and disposition of passenger fatalities

f. Last point of departure and point of intended destination

g. Condition of baggage and impedimenta

h. Arrangements to accommodate uninjured passengers pending onward travel

i. Copy of accident report from the appropriate law enforcement agency (when available)

NOTE: The names and extent of injury or death of passengers will be withheld from the public, pending notification of the next of kin by DOD. Announcements may be made by the Carrier about its own employees at the Carrier’s discretion

2.4 Management Plan- The contractor shall have a Management Plan, Standard Operating Procedures; provide details of vehicles to be used and facilities for the operation of the BRAC 133/Mark Center shuttle service.

PART 4- CONTRACTOR FURNISHED ITEMS AND SERVICES

4.1. General: Except for those items specifically stated to be furnished by the Government, the contractor shall furnish everything required to perform IAW this PWS.

PART 5- Designated government REpresentative

Contracting Officer Representative (COR):

Ms. Deborha Parsley, COR

WHS/Enterprise Management

Integrated Services Division

1155 Defense Pentagon, Room 3B139A

Washington, DC 20301-1155

703-614-0918

Task Monitor (TM) / Secondary (COR):

Ms. Lisa Passagaluppi, TM

WHS/Enterprise Management

Integrated Services Division

4800 Mark Center Drive

Alexandria, VA

Installation Representative (IR):

Mr. Alton J. Cheaves, Jr, Director

WHS/Enterprise Management

Integrated Services Division

1155 Defense Pentagon, Room 3B139A

Washington, DC 20301-1155

703-614-6443

Part 7-DEFINITIONS & ACRONYMS

Definitions

Contracting Officer’s Representative (COR): A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the contractor Washington Headquarters Services (WHS), Acquisition Directorate (AD)

Installation Representative: A representative from the requiring activity assigned by Agency Head to provide management and oversight of the program.

Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

Quality Control (QC): Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

Quality Assurance (QA): Those actions taken by the government to assure services meet the requirements of the Performance Work Statement.

Acronyms

BRAC: Base Realignment and Closure

CO: Contracting Officer

CQC: Contractor Quality Control

GFE: Government Furnished Estimate

OSHA: Occupational Safety and Health Administration

PFPA: Pentagon Force Protection Agency

QA: Quality Assurance

QC: Quality Control

WAWF: Wide Area Workflow

WHS: Washington Headquarters Services

PART 8-Technical Exhibits

TECHNICAL EXHIBIT 1- Performance Requirements Summary

PRS # 1. The Contractor shall provide and operate vehicles in support of the Mark Center..

PWS Parts 1 and 2

PRS # 2 . The Contractor shall maintain the interior and exterior of all buses, develop an inspection program, and maintain inspection records.

PWS Parts 1 and 2

100% inspection by the COR

PRS # 3. The Contractor shall ensure buses have proper internal and external markings.

PWS Parts 1 and 2

PRS # 4. The Contractor shall transport designated passengers on specified routes, in a timely manner, and conduct passenger counts.

PWS Parts 1 and 2

PRS # 5. The Contractor shall correct any mechanical breakdowns in the specified time and manner and provide COR notification.

PWS Parts 1 and 2

TECHNICAL EXHIBIT 2-DELIVERABLES SCHEDULE

Secure staging area

Contract Manager

Maintenance schedule

Passenger reports

Management Plan/Standard Operating Procedures

TECHNICAL EXHIBIT –Workload Estimate and Route Map

Franconia-Springfield Route

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

30-APR-2013

FOB: Destination

30-APR-2014

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

Section G - Contract Administration Data Section H - Special Contract Requirements

DOD-H1

SPECIAL REQUIREMENTS

H-1 COMPLIANCE WITH PENTAGON REGULATIONS & PERFORMANCE OF WORK ON GOVERNMENT PREMISES

a) The site of the work is on a Federal Reservation Complex and the Contractor shall observe rules and regulations issued by the Director, Washington Headquarters Service (WHS) covering general safety, security, sanitary requirements, pollution and noise control, traffic regulations and parking. Information regarding requirements may be obtained by contacting the Contracting Officer, who will provide such information or assist in obtaining it from the appropriate authorities.

b) The rules and regulations, whether in effect now or to go into effect in the future, at the premises where services are to be performed shall apply to the Contractor and its employees while working on the premises. These regulations include, but are not limited to: presenting valid identification for entrance, smoking restrictions, obtaining and using vehicle passes for all contractor-owned and/or privately owned vehicles, obeying posted directives, strict adherence to security and/or police directives, and safety procedures and directives.

c) Contractor shall comply with

H-2

EXERCISE OF OPTION

The Option in this contract consists of efforts contained in CLIN 0002 (01 May 2013 through 30 April 2014). In accordance with FAR 52.217-9, "Option to Extend the Term of the Contract", as applicable, the Government is not obligated to exercise any of the options in this contract. The Government, however, reserves the right to exercise one or more options any time after contract award, but not later than the time frames specified in Section I.

H-3 – IDENTIFICATION OF EMPLOYEES

Each employee assigned to this project by the Contractor and subcontractors shall be required to display at all times, while on the project site, an approved form of identification provided by the Contractor, as an authorized employee of the Contractor/subcontractor. In addition, within areas where identification is prescribed and furnished by the Government, it shall be displayed as required and shall immediately be returned to the Contracting Officer for cancellation upon release of the assigned employee and/or completion of project.

H-4 – REQUIRED INSURANCE

(a) Pursuant to the contract clause entitled "Insurance-Work on a Government Installation", FAR 52.228-5, the Contractor shall procure and maintain during the entire period of its performance under this contract, as a minimum, the following insurance:

Type

Amount

Comprehensive General Liability

$500,000 per occurrence

Bodily injury or death

Motor Vehicle Liability (for each motor vehicle):

Bodily injury or death

$200,000 per person

$500,000 per occurrence

Property Damage

$ 20,000 per occurrence

Workers' Compensation and

Employer's Liability

$100,000 per person*

*Worker's Compensation and Employer's Liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so co-mingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate of written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

(c) The Contractor agrees to insert the substance of this clause, including this paragraph, in all subcontracts hereunder.

H-5

ORGANIZATIONAL CONFLICT OF INTEREST

a) PURPOSE. The restrictions described herein shall apply to the Contractor and its affiliates, consultants and subcontractors under this contract for transportation services. Attention is directed to FAR Subpart 9.5 and the provisions which follow.

b) SCOPE. This clause seeks to ensure that the contractor (1) does not obtain an unfair competitive advantage over other parties by virtue of unauthorized use or disclosure of proprietary information, and (2) is not biased because of its current or planned interests (financial, contractual, organizational or otherwise) that relate to the services and product to be delivered under this award. Parts (1) and (2) above are examples of potential conflicts of interest governed by this clause.

c) REMEDIES. If the Contractor discovers an actual or potential conflict after award and does not disclose or misrepresents relevant information to the Contracting Officer, it will be deemed a material breach of the provisions of this agreement/solicitation. If such noncompliance is the result of conflicting financial interests involving contractor personnel performing under this agreement, the Government may require the contractor to remove such personnel from performance of work under this agreement. Further, the Government may elect to exercise its rights to terminate for default in the event of such noncompliance. Nothing herein shall prevent the Government from electing any other appropriate remedies afforded by other provisions of this agreement, or statute or regulation.

d) DISCLOSURE OF POTENTIAL CONFLICTS OF INTEREST. The contractor recognizes that during the term of this contract, conditions may change which may give rise to the appearance of a new conflict of interest. In such an event, the contractor shall disclose to the Government information concerning the new conflict of interest. The contractor shall provide, as a minimum, the following information:

1) a description of the new conflict of interest and identity of parties involved;

2) a description of the work to be performed;

3) a description of the contractor's internal controls and planned actions, to avoid any potential organizational conflict of interest.

H-6 CONTRACT ADMINISTRATION

The cognizant office indicated on the cover page of the award document will perform administration of this contract. No changes, deviations, or waivers shall be effective without a modification of the contract executed by the Contracting Officer or his duly authorized representative authorizing such changes, deviations, or waivers.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2012) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) Reserved.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

___ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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 within 30 days.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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 within 14 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed April 30, 2014.

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/ (End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 1 ) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991)

(a) Definition.

"Cooperative agreement holder" means a State or local government; a private, nonprofit organization; a tribal organization (as defined in section 4(c) of the Indian Self-Determination and Education Assistance Act (Pub. L. 93-268; 25 U.S.C. 450 (c))); or an economic enterprise (as defined in section 3(e) of the Indian Financing Act of 1974 (Pub. L. 93-362; 25 U.S.C. 1452(e))) whether such economic enterprise is organized for profit or nonprofit purposes; which has an agreement with the Defense Logistics Agency to furnish procurement technical assistance to business entities.

(b) The Contractor shall provide cooperative agreement holders, upon their request, with a list of those appropriate employees or offices responsible for entering into subcontracts under defense contracts. The list shall include the business address, telephone number, and area of responsibility of each employee or office.

(c) The Contractor need not provide the listing to a particular cooperative agreement holder more frequently than once a year.

(End of clause)

252.212-7000 Offeror representations and certifications- Commercial items. (JUN 2005)

(a) Definitions.

As used in this clause-

(1) Foreign person means any person other than a United States person as defined in Section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. Sec. 2415).

(2) United States means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331.

(3) United States person is defined in Section 16(2) of the Export Administration Act of 1979 and means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President.

(b) Certification.

By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it -

(1) Does not comply with the Secondary Arab Boycott of Israel; and

(2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a United States person from taking.

(c) Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the direct purchase of ocean transportation services).

(1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation.

(2) Representation.

The Offeror represents that it-

___Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

___Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea Clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

(End of provision)

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (DEC2011)

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.

X 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).

(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

(1) x 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) (Section 847 of Pub. L. 110-181).

(2) ____ 252.203-7003, Agency Office of the Inspector General (SEP 2010)(section 6101 of Pub. L. 110-252, 41 U.S.C. 3509).

(3) ____ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416).

(4) ____ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (SEP 2011) (15 U.S.C. 637).

(5) ____ 252.219-7004, Small Business Subcontracting Plan (Test Program) (JAN 2011) (15 U.S.C. 637 note).

(6)(i) ____ 252.225-7001, Buy American Act and Balance of Payments Program (OCT 2011) (41 U.S.C. chapter 83, E.O. 10582).

(ii) ____ Alternate I (OCT 2011) of 252.225-7001.

(7) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009) (10 U.S.C. 2533b).

(8) ____ 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (JAN 2011) (10 U.S.C. 2533b).

(9) ____ 252.225-7012, Preference for Certain Domestic Commodities (JUN 2010) (10 U.S.C. 2533a).

(10) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a).

(11) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011) (Section 8065 of Pub. L. 107-117 and the same restriction in subsequent DoD appropriations acts).

(12) ____ 252.225-7017, Photovoltaic Devices (DEC 2011) (Section 846 of Pub. L. 111-383).

(13)(i) ____ 252.225-7021, Trade Agreements (OCT 2011) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).

(ii) ____ Alternate I (OCT 2011) of 252.225-7021.

(iii) ____ Alternate II (OCT 2011) of 252.225-7021.

(14) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779).

(15) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755).

(16)(i) ____ 252.225-7036, Buy American Act—Free Trade Agreements—Balance of Payments Program (OCT 2011) (41 U.S.C. chapter 83 and 19 U.S.C. 3301 note).

(ii) ____ Alternate I (OCT 2011) of 252.225-7036.

(iii) ____ Alternate II (OCT 2011) of 252.225-7036.

(iv) ____ Alternate III (OCT 2011) of 252.225-7036.

(17) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)).

(18) ____ 252.225-7039, Contractors Performing Private Security Functions (AUG 2011) (Section 862 of Pub. L. 110-181, as amended by section 853 of Pub. L. 110-417 and sections 831 and 832 of Pub. L. 111-383).

(19) ____ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Pub. L. 107-248 and similar sections in subsequent DoD appropriations acts).

(20) ____ 252.227-7013, Rights in Technical Data--Noncommercial Items (SEP 2011), if applicable (see 227.7103-6(a)).

(21) ____ 252.227-7015, Technical Data—Commercial Items (DEC 2011) (10 U.S.C. 2320).

(22) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data ((SEP 2011), if applicable (see 227.7102-4(c)))(10 U.S.C. 2321).

(23) x 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227).

(24) ____ 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84)

(25) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375).

(26) X 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).

(27) ____ 252.246-7004, Safety of Facilities, Infrastructure, and Equipment For Military Operations (OCT 2010) (Section 807 of Pub. L. 111-84).

(28) ____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Pub. L. 110-417).

(29)(i) ____ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(ii) ____ Alternate I (MAR 2000) of 252.247-7023.

(iii) ____ Alternate II (MAR 2000) of 252.247-7023.

(iv) ____ Alternate III (MAY 2002) of 252.247-7023.

(30) ____ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR (2000) (10 U.S.C. 2631).

(31) ____ 252.247-7027, Riding Gang Member Requirements (OCT 2011) (Section 3504 of Pub. L. 110-417).

c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(1) 252.225-7039, Contractors Performing Private Security Functions (AUG 2011) (Section 862 of Pub. L. 110-181, as amended by section 853 of Pub. L. 110-417 and sections 831 and 832 of Pub. L. 111-383).

2) 252.227-7013, Rights in Technical Data--Noncommercial Items (SEP 2011), if applicable (see 227.7103-6(a)).

(3) 252.227-7015, Technical Data--Commercial Items (DEC 2011), if applicable (see 227.7102-4(a)).

(4) 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 2011), if applicable (see 227.7102-4(c)).

(5) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84).

(6) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375).

(7) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Pub. L. 110-417).

(8) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(9) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

(End of clause)

Section K - Representations, Certifications and Other Statements of Offerors

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2011) ALTERNATE I (APR 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude…