Page 136-202-Provisions-PPSO-Amendment 2.pdf

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

Solicitation Number: HSCG84-11-Q-P4A002

PAGE

NAME OF OFFEROR OR CONTRACTOR

Notes

1. The offeror must complete and return the original solicitation documents, in particular, the following: (1) Standard Form 1449, (sign and date blocks 30 a., b., and c.), and Addendum-Schedule of Supplies/Services for the Base Year and Four Option

Years; (2) FAR 52.212-3 ―Offeror Representations and Certifications – Commercial

Items‖ (fill in appropriate blocks).

2. The evaluation of the estimated quantities of all CLINs and the respective option year

CLINs are for evaluation purposes only and is not a guarantee that the Coast Guard will order any services under this requirement.

3. Please see Appendix G-Performance Work Statement

B. OTHER CONTRACT TERMS AND CONDITIONS.

1. SCOPE OF CONTRACT

(Adapted from DFARS 252.247-7010)

(a) The Contractor shall furnish services and materials for the preparation of personal property (including servicing of appliances) for movement or storage, drayage and related services. Unless otherwise indicated in the Schedule, the Contractor shall:

(1) Furnish all materials except Government owned containers (Commercial Spec

ASTM-D4169-01), all equipment, plant and labor; and

(2) Perform all work in accomplishing containerization of personal property for overseas or domestic movement or storage, including:

(i) Stenciling;

(ii) Cooperage;

(iii) Drayage of personal property in connection with other services;

(iv) De-containerization of inbound shipments of personal property; and

(v) The handling of shipments into and out of the Contractor's facility.

(b) Excluded from the scope of this contract is the furnishing of like services or materials which are provided incident to complete movement of personal property when purchased by the ‗Through Government Bill of Lading‘ or other method/mode of shipment or property to be moved under the ‗Do It Yourself‘ m oving program or otherwise moved by the owner.

3. CONTRACT AREAS OF PERFORMANCE.

(Adapted from DFARS 252.247-7013 Dec 1991)

(a) The Government shall consider all areas of performance described in paragraph (b) as including the Contractor's facility, regardless of geographical location.

(b) The Contractor shall perform services within the following defined areas of performance, which include terminals identified therein:

Area I – All points within Counties of Alameda, Contra Costa, San Francisco, San

Mateo, and Santa Clara, CA.

Area II – All points within Counties of Marin, Sonoma, and Solano, CA.

4. DEMURRAGE.

(Adapted from DFARS 252.247-7014 Dec 1991)

The Contractor shall be liable for all demurrage, detention, or other charges as a result of its failure to load or unload trucks, freight cars, freight terminals, vessel piers, or warehouses within the free time allowed under applicable rules and tariffs.

5. ERRONEOUS SHIPMENTS.

(Adapted from DFARS 252.247-7017 Dec 1991)

(a) The Contractor shall--

(1) Forward to the rightful owner, articles of personal property inadvertently packed with goods of other than the rightful owner.

(2) Ensure that all shipments are stenciled correctly. When a shipment is sent to an incorrect address due to incorrect stenciling by the Contractor, the Contractor shall forward it to its rightful owner.

(3) Deliver to the designated air or surface terminal all pieces of a shipment, in one lot, at the same time. The Contractor shall forward to the owner any pieces of one lot not included in delivery, and remaining at its facility after departure of the original shipment.

(b) Forwarding under paragraph (a) shall be--

(1) With the least possible delay;

(2) By a mode of transportation selected by the Contracting or Ordering Officer;

and

(3) At the Contractor's expense.

6. DRAYAGE

(Adapted from DFARS 252.247-7019 Dec 1991)

(a) Drayage included for Schedule I, Outbound, applies in those instances when a shipment requires drayage to an air, water, or other terminal for onward movement after completion of shipment preparation by the Contractor. Drayage not included is when it is being moved from a residence or other pickup point to the Contractor's warehouse for onward movement by another freight company, carrier, etc.

(b) Drayage included for Schedule II, Inbound, applies in those instances when shipment is delivered, as ordered, from a destination Contractor's facility or other destination point to the final delivery point. Drayage not included is when shipment or partial removal of items from shipment is performed and prepared for member's pickup at destination delivery point.

(c) The Contractor shall reposition empty Government containers--

(1) Within the area of performance;

(2) As directed by the Contracting or Ordering Officer; and;

(3) At no additional cost to the Government.

7. FAR 52.247-2 PERMITS, AUTHORITIES, OR FRANCHISES. (JAN 1997)

(a) The offeror does [___], does not [___], hold authorization from the Federal Highway

Administration (FHWA) or other cognizant regulatory body. If authorization is held, it is as follows:

(Name of regulatory body)

(Authorization No.)

(b) The offeror shall furnish to the Government, if requested, copies of the authorization before moving the material under any contract awarded. In addition, the offeror shall, at the offeror‘s expense, obtain and maintain any permits, franchises, licenses, and other authorities issued by state and local governments.

8. GUARANTEED MINIMUM QUANTITY.

Consistent with FAR 52.216-22, INDEFINITE QUANTITY, Paragraph (b), the

Government shall order as a minimum amount for the base year and each Option Year exercised, at least $2,500.00 of services.

9. ORDERING LIMITATION.

(Adapted from DFARS 252.247-7012 Dec 1991)

(a) The Government shall place orders for items of supplies or services with the contractor awarded the primary contract to the extent of the contractor‘s guaranteed maximum daily capability. However, the contractor may accept an additional quantity in excess of its capability to accommodate a single order.

(b) Orders for additional requirements shall be placed in a like manner with the contractor awarded the secondary contract to the extent of its guaranteed maximum daily capability. The contractor awarded the secondary contract shall be provided orders that the primary contractor is unable to perform. The Government shall repeat this procedure until its total daily requirement is fulfilled.

(c) In the event the procedure in paragraphs (a) and (b) does not fulfill the Government‘s total daily requirement, the Government may offer additional orders under the contract to contractors without regard to their guaranteed maximum daily capability.

(d) Should the primary contractor be unable to provide the necessary services, written notification signed by an authorized representative of the primary contractor shall be delivered to the Contracting Officer and the Ordering Officer. The Contracting Officer and Ordering Officer shall then provide written notification to the secondary contractor authorizing services. At no time shall the secondary contractor perform services without written notification from the Contracting Officer and the Ordering Officer.

10. CONTRACTOR LIABILITY FOR LOSS OR DAMAGE

(Adapted from DFARS 252.247-7016 Dec 1991)

(a) Definitions.

As used in this clause --

―Article‖ means any shipping piece or package and its contents.

―Schedule‖ means the level of service for which specific types of traffic apply as described in DoD 4500.34-R, Personal Property Traffic Management Regulation.

(b) For shipments picked up under Schedule I, Outbound Services, or delivered under

Schedule II, Inbound Services --

(1) If notified within one year after delivery that the owner has discovered loss or damage to the owner‘s property, the Contractor agrees to indemnify the Government for loss or damage to the property which arises from any cause while it is in the Contractor‘s possession. The Contractor‘s liability is --

(i) ―Non-negligent damage.‖ For any cause, other than the Contractor‘s negligence, indemnification shall be at a rate of the greater of $5,000 per shipment or $4.00 times the weight of the shipment (in pounds) up to a maximum of $50,000 as compensation for loss.

(ii) ―Negligent damage.‖ When loss or damage is caused by the negligence of the

Contractor, the liability is for the full cost of satisfactory repair or for the current replacement value of the article.

(2) The Contractor shall make prompt payment to the owner of the property for any loss or damage for which the Contractor is liable.

(3) In the absence of evidence or supporting documentation which places liability on a carrier or another contractor, the destination contractor shall be presumed to be liable for the loss or damage, if timely notified.

(c) For shipments picked up or delivered under Schedule III, Intra-City and Intra-Area --

(1) If notified of loss or damage within 75 days following delivery, the

Contractor agrees to indemnify the Government for loss or damage to the owner‘s property.

(2) The Contractor‘s liability shall be for the full cost of satisfactory repair, or for the current replacement value of the article less depreciation, up to a maximum liability of $1.25 per pound times the net weight of the shipment.

(3) The Contractor has full salvage rights to damaged items which are not repairable and for which the Government has received compensation at replacement value.

11. ADDITIONAL SERVICES

(Adapted from DFARS 252.247-7020 Aug 2000)

The Contractor shall provide additional services not included in the schedule, but required for satisfactory completion of the services ordered under this contract, at a rate comparable to the rate for like services as contained in tenders on file with the Interstate

Commerce Commission, state regulatory bodies, or the Surface Deployment and

Distribution Command (SDDC), in effect at time of order.

12. CONTRACTOR PERFORMANCE EVALUATIONS

a. In accordance with FAR Subpart 42.15, Contractor Performance Information, the contractor's performance will be evaluated throughout the contract period. The results will be compiled and reported in a Contractor Performance Report for use by this agency and other government agencies for future source selection decisions. The report will be compiled jointly by the Contracting Officer's

Technical Representative (COTR) and the Contracting Officer. The Contracting

Officer will forward the report to the contractor for comments. In the case of a contract with option years, an interim report will be completed.

b. The areas to be evaluated are: 1) Quality of Product or Service; 2) Business

Relations; 3) Timeliness; and, 4) Meeting SDB Subcontracting Requirements.

c. Each area will be evaluated using the following scale: Outstanding (5), Excellent

(4), Good (3), Fair (2), Poor (1) and Unsatisfactory (0).

d. The Contractor Performance Assessment Reporting System (CPARS) shall be used for all performance evaluations. Copies of the reports will be maintained either in the CPARS or in hard copy in the official contract file. At this time the

CPARS does not currently contain an electronic means to retain the level above the Contracting Officer‘s review. Therefore, a hard copy of that review will be maintained in the official contract file.

e. The results of the report will be provided to the contractor who will be given a period to thirty (30) days to review and provide comments. All comments will be considered by the Contracting Officer and reviewed in accordance with FAR

42.1503. The report will be marked "Source Selection Information" and safeguarded ‗for official use only‘ in accordance with Federal Acquisition

Regulation Part 3.104. Since there is a limitation of 2000 characters for each area evaluated, there may be an occasion that all evaluations and comments be manually addressed and maintained in the official contract file. If this is the case, each area will be annotated to contact the cognizant Contracting Officer for all evaluation documentation.

Contractors are highly encouraged to register with CPARS. Registration may be accomplished on-line at http://www.cpars.csd.disa.mil/cparsmain.htm. By registering the http://www.cpars.csd.disa.mil/cparsmain.htm contractor will receive timely notice of government inputs into the database and the opportunity to respond on-line to all government comments.

Continuation of SF 1449, Block 27a, FAR Clauses

ADDENDUM TO FAR 52.212-4, CONRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS (JUNE 2010) BY REFERENCE (SEE SF 1449, BLOCK

27a):

(a) Inspection/Acceptance: In addition to the remedies outlined in this clause, if the

Contractor fails to correct the unacceptable conditions, the Government reserves the right to deduct the amount of the value of the unacceptable services consistent with the Performance Requirements Summary, see List of Attachments.

(g) Invoice: In addition to the requirements outlined in this clause, all DPM invoices must be complete and show all services ordered. All invoices should have the contract number, the job order/lot number issued by the Traffic Management

Office, the date of services performed, member‘s name, rank, SSN, pick up address, and delivery address. For Schedules I and II, the pieces, weight and cube must be listed.

Schedule I invoices must be submitted as follows:

Original invoice and three copies

Two copies of member‘s orders with accounting data

Signed and completed copy of the GBL

Original and one copy of the inventory

Original and one copy of the weight tickets

Copy of DD 1299

Original and one copy of third party service invoice (when applicable) UPS/FED EX/ETC.

Schedule II invoices must be submitted as follows:

DD 1840 signed by the member and properly completed

Storage extension authorization (for any storage over 90 days)

Two copies of member‘s orders with accounting data

Copy of warehouse receipt

Weight tickets (if applicable)

Original and one copy of third party service invoice (when applicable) UPS/ FED Ex/etc.

Schedule III invoices must be submitted as follows:

DD 1840, signed by the member and properly completed

Copy of member‘s orders with accounting data

Original and one copy of the weight tickets

Original and one copy of the inventories

DD 1299/SDP0006 3/25/99

Original and one copy of third party service invoice (when applicable)

Invoices should be sent to:

FOR OUTBOUND SHIPMENTS (Schedules I and III)

Attention: Ms. LaVera Lincoln

BSU Alameda

Bldg. 3, Coast Guard Island

Alameda, California 94501-5100

FOR INBOUND SHIPMENTS (Schedule II)

Attention: Ms. Rhonda Burl

BSU Alameda

Bldg. 3, Coast Guard Island

Alameda, California 94501-5100

Inquiries regarding payment must be directed to the Customer Service Representative

1-800-836-8664

Simultaneously, the Contractor shall submit an invoice to the applicable COTR for certification. The COTR information will be provided upon contract award.

Invoices shall be submitted on a monthly basis; and only after completion of the monthly services, not prior to or during the actual performance period, unless prior arrangements have been made with the Contracting Officer‘s approval. Contractor shall submit a proper invoice as identified in the paragraph below. An improper invoice will be rejected and contractor payment delayed. The invoice shall be itemized to correlate to the schedule of service herein. Each line item shall be identified separately providing for a subtotal and a total line item amount.

A proper invoice must include the following items:

1)Name and Address of the Contractor;

2)Invoice Date and Invoice Number;

3)Contract Number, Contract Line Item number and if applicable order number;

4)Description, quantity, unit of measure, unit price, and extended price of the items delivered;

5)Terms of any prompt payment discount offered;

6)Name and address of official to whom payment is to be sent; and

7)Name, title and phone number of person to be notified in event of defective invoice

Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment.

Contractors are encouraged to assign an identification number to each invoice.

(p) Limitation of Liability is replaced by the following:

(i) The Contractor shall assume all liability for and shall indemnify and save harmless the Government, its officers, enlisted personnel, agents and employees from and against any loss, damage or injury which may be sustained by any person or persons, whether they be employees, agents, or representatives of the parties hereto, or third persons, as a result of the Contractor‘s failure to perform this contract as required by its terms. The Contractor also shall be liable for and shall at all times defend, indemnify and hold harmless the government, its officers, enlisted personnel, agents and employees from and against any and all public or private environmental claims or liabilities arising from the Contractor‘s performance of this contract; public or private environmental claims or liabilities shall include but not be limited to civil and criminal penalties, natural resource damages, response costs, cleanup and remediation, damage to government and third party property, and any other third party liability.

(ii) In the event any such claim or demand is made upon the Government, its officers, enlisted personnel, agents or employees, or in the event any suit therefore is instituted, the Government shall give immediate notice of such claim or suit to the

Contractor and will refrain from any payment or demand with respect to such claim or suit without first allowing the Contractor a reasonable opportunity to resolve the claim.

The Contractor‘s liability under this clause shall include reimbursement to the

Government, its officers, enlisted personnel, agents and employees for any judgments, payments or litigation expenses occasioned to them in connection with claims, demands or suits of which notice has been given by the Government.

(iii) The Contractor releases the Government, its officers, enlisted personnel, agents and employees from any liability for any loss, damage or injury which may be sustained by the Contractor‘s failure to perform this contract as required by its terms.

(iv) Notwithstanding any other provisions of this clause, the Contractor shall not be liable for or required to defend, indemnify, hold harmless or release the Government, its officers, enlisted personnel, agents and employees for any judgments, payments or expenses arising out of and to the extent of the gross negligence, willful misconduct or criminal acts of the Government, its officers, enlisted personnel, agents or employees.

(u) FAR 52.204-1, Approval of Contract (Dec 1989)

This contract is subject to the written approval of a Contracting Officer SILC (pcb-4) and shall not be binding until so approved.

(v) FAR 52.209-9, Updates of Information Regarding Responsibility Matters

(Jan 2011)

(a) The Contractor shall update the information in the Federal Awardee

Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the

Central Contractor Registration database at http://www.ccr.gov .

(b)

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

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)

(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

http://www.ccr.gov/

Alternate I (Jan 2011.) As prescribed in 9.104-7(c)(2), redesignate paragraph (a) of the basic clause as paragraph (a)(1) and add the following paragraph (a)(2):

(2) At the first semi-annual update on or after April 15, 2011, the

Contractor shall post again any required information that the Contractor posted prior to April 15, 2011.

(w) FAR 52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 01 June

2011 through 31 May 2016.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered ―issued‖ when the

Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(x) FAR 52.216-19 Order Limitations (Oct 1995)

(APPLIES TO ITEMS 0001-0033)

(a) minimum 100 pounds for Unaccompanied Baggage (UB); 500 pounds for

Household Goods; for Unaccompanied Baggage and Household Goods use net or gross pounds as the contract line item dictates.

(b-1) Must not exceed $10,000.00

(b-2) the Government Estimated Maximum Daily Requirement and not to exceed

$10,000 value

(b-3) three days http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/09.htm#P57_12914

(b-4) one day

(y) FAR 52.216-22 Indefinite Quantity (Oct 1995) (APPLIES TO All ITEMS)

(d) (180 days after the expiration of the contract)

(z) FAR 52.217-8 Option to Extend Services (Nov 1999)

10 calendar days within expiration of contract.

(aa) FAR 52.217-9 Option to Extend The Term of the Contract (Mar 2000)

(a) 25 calendar days from the expiration of the contract term

(b) sixty (60)

(c) 5 years

(ab) FAR 52.228-5 Insurance-Work on a Government Installation (Jan 1997)

In accordance with FAR 52.228-5, ―Insurance - Work on a Government

Installation,‖ the Contractor shall provide a Certificate of Insurance prior to commencing work on this contract. The Certificate must specify the

Contractor has the types and amounts of coverage shown below. The

Contractor shall maintain insurance coverage throughout the term of the contract, including any exercised options. Prior to any expiration of any coverage, the Contractor shall ensure the Contracting Officer receives a current copy of the certificate prior to the expiration date. Reference subparagraph (b) to FAR 52.228-5: The Contractor shall ensure the policies evidencing the required insurance contain an endorsement to the effect that any cancellation or any material change adversely affecting the

Government‘s interest shall not be effective – (1) for such period as the laws of the State in which this contract is to be performed prescribe; or until 30 days after the insurer or the Contractor gives written notice to the

Contracting Officer, whichever period is longer.

Minimum Requirements:

PER PERSON PER OCCURRENCE

BODILY INJURY BODILY INJURY

PROPERTY

Comprehensive Gen. ------ $500,000 ------

Automobile liability $200,000 $500,000 $20,000

Workers Compensation & Other (As required by State Law)

(ac)FAR52.232-19 -- Availability of Funds for the Next Fiscal Year (April 1984)

Funds are not presently available for performance under this contract beyond

31 May 2012. The Government‘s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond May 31 2012, until funds are made available to the

Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(ad)FAR 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 address:

www.acquisition.gov/far. The Department of Homeland Security

Acquisition Regulation (HSAR) clauses can be found on this website:

http://www.dhs.gov/xopnbiz/regulations/.

FAR Clauses Incorporated by Reference

FAR 52.204-4 Printed or Copied Double-Sided on Recycled

Paper

AUG 2000

FAR 52.204-9 Personal Identity Verification of Contractor

Personnel

SEP 2007

FAR 52.232-18 Availability of Funds APR1984

FAR 52.237-2 Protection of Government Buildings, Equipment and Vegetation

APR 1984

FAR 52.245-1 Government Property AUG 2010

FAR 52.246-4 Inspection of Services-Fixed Price AUG 1996

FAR 52.247-8 Estimated Weights or Quantities Not

Guaranteed

APR 1984

FAR 52.247-11 Net Weight-Household Goods or Office

Furniture

APR 1984

FAR 52.247-12 Supervisor, Labor or Materials APR 1984

FAR 52.247-13 Accessorial Services Moving Contracts APR 1984

FAR 52.247-14 Contractor Responsibility for Receipt of

Shipment

APR 1984

FAR 52.247-15 Contractor Responsibility for Loading and

Unloading

APR 1984

FAR 52.247-16 Contractor Responsibility for Returning APR 1984 http://www.dhs.gov/xopnbiz/regulations/

Undelivered Freight

FAR 52.247-17 Charges APR 1984

FAR 52.247-21 Contractor Liability for Personal Injury and/or

Property Damage

APR 1984

FAR 52.247-23 Contractor Liability for Loss of and/or Damage to Household Goods

JAN 1991

FAR 52.247-27 Contract Not Affected by Oral Agreement APR 1984

FAR 52.247-28 Contractor‘s Invoices APR 1984

HSAR Clauses Incorporated by Reference

HSAR 3052.211-70 Index of Specifications DEC 2003

HSAR 3052.215-70 Key Personnel or Facilities DEC 2003

HSAR 3052.222-70 Strikes or Picketing Affecting Timely

Completion of the Contract Work

DEC 2003

HSAR 3052.222.71 Strikes or Picketing Affecting Access to a DHS

Facility

DEC 2003

HSAR 3052.222-90 Local Hire JUN 2006

HSAR 3052.223-90 Accident and Fire Reporting DEC 2003

HSAR 3052.228-70 Insurance DEC 2003

HSAR 3052.242-71 Dissemination of Contract Information DEC 2003

HSAR 3052.242-72 Contracting Officer‘s Technical Representative DEC 2003

HSAR 3052.245-70 Government Property Reports AUG 2008

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OF EXECUTIVE ORDERS-COMMERCIAL ITEMS

(JAN 2011)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22

U.S.C. 7104(g)).

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

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT

2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the

Government (Sept 2006), with Alternate I (Oct 1995) (41

U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 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)).

___ (3) 52.203-15, Whistleblower Protections under the

American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive compensation and

First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31

U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—

Reporting Requirements (Jul 2010) (Pub. L. 111-5).

_X_ (6) 52.209-6, Protecting the Government’ Interest When

Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note).

(Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

___ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-

Source Award (Jan 2011) (15 U.S.C. 657a).

___ (8) 52.219-4, Notice of Price Evaluation Preference for

HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15

U.S.C. 657a).

___ (9) [Reserved]

_X_ (10) (i) 52.219-6, Notice of Total Small Business Aside

(June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (11) (i) 52.219-7, Notice of Partial Small Business Set-Aside

(June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (12) 52.219-8, Utilization of Small Business Concerns (Jan

2011) (15 U.S.C. 637(d)(2) and (3)).

___ (13) (i) 52.219-9, Small Business Subcontracting Plan (Jan

2011) (15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (July 2010) of 52.219-9.

_X_ (14) 52.219-14, Limitations on Subcontracting (Dec 1996)

(15 U.S.C. 637(a)(14)).

___ (15) 52.219-16, Liquidated Damages—Subcontracting Plan

(Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (16) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10

U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (17) 52.219-25, Small Disadvantaged Business

Participation Program—Disadvantaged Status and Reporting

(Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (18) 52.219-26, Small Disadvantaged Business

Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (19) 52.219-27, Notice of Total Service-Disabled Veteran-

Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

_X_ (20) 52.219-28, Post Award Small Business Program

Representation (Apr 2009) (15 U.S.C. 632(a)(2)).

_X_ (21) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (22) 52.222-19, Child Labor—Cooperation with

Authorities and Remedies (Jul 2010) (E.O. 13126).

_X_ (23) 52.222-21, Prohibition of Segregated Facilities (Feb

1999).

_X_ (24) 52.222-26, Equal Opportunity (Mar 2007) (E.O.

11246).

_X_ (25) 52.222-35, Equal Opportunity for Veterans (Sep

2010) (38 U.S.C. 4212).

_X_ (26) 52.222-36, Affirmative Action for Workers with

Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (27) 52.222-37, Employment Reports on Veterans (Sep

2010) (38 U.S.C. 4212).

_X_ (28) 52.222-40, Notification of Employee Rights Under the

National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (29) 52.222-54, Employment Eligibility Verification (Jan

2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (30) (i) 52.223-9, Estimate of Percentage of Recovered

Material Content for EPA-Designated Items (May 2008) (42

U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C.

6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (31) 52.223-15, Energy Efficiency in Energy-Consuming

Products (Dec 2007) (42 U.S.C. 8259b).

___ (32) (i) 52.223-16, IEEE 1680 Standard for the

Environmental Assessment of Personal Computer Products

(Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

_X_ (33) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (Sep 2010) (E.O. 13513).

_X_ (34) 52.225-1, Buy American Act--Supplies (Feb 2009) (41

U.S.C. 10a-10d).

___ (35) (i) 52.225-3, Buy American Act –Free Trade

Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-

283, and 110-138).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (36) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C.

2501, et seq., 19 U.S.C. 3301 note).

_X_ (37) 52.225-13, Restrictions on Certain Foreign Purchases

(Jun 2008) (E.O.‘s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the

Treasury).

___ (38) 52.226-4, Notice of Disaster or Emergency Area Set-

Aside (Nov 2007) (42 U.S.C. 5150).

___ (39) 52.226-5, Restrictions on Subcontracting Outside

Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (40) 52.232-29, Terms for Financing of Purchases of

Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

___ (41) 52.232.30, Installment Payments for Commercial

Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (42) 52.232-33, Payment by Electronic Funds Transfer—

Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

___ (43) 52.232-34, Payment by Electronic Funds Transfer—

Other Than Central Contractor Registration (May 1999) (31

U.S.C. 3332).

___ (44) 52.232-36, Payment by Third Party (Feb 2010) (31

U.S.C. 3332).

___ (45) 52.239-1, Privacy or Security Safeguards (Aug 1996)

(5 U.S.C. 552a).

___ (46) (i) 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).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41

U.S.C. 351, et seq.).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal

Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

SAMPLE OF EQUIVALENT RATES

Truckdriver, Medium $14.04

Health & Welfare $ 3.50

_X_ (3) 52.222-43, Fair Labor Standards Act and Service

Contract Act -- Price Adjustment (Multiple Year and Option

Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service

Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and

41 U.S.C. 351, et seq.).

___ (5) 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.).

___ (6) 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.).

___ (7) 52.226-6, Promoting Excess Food Donation to

Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep

2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) 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.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) 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 Veterans (Sep 2010) (38

U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with

Disabilities (Oct 2010) (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)

List of Attachments

Attachment G Performance Work Statement

Attachment G1 – Figures

Attachment G2 – Sample Contract Discrepancy Report

Attachment G3 – Past Performance Questionnaire

Attachment G4 – Acronyms

Attachment G5- Performance Requirement Summary

Attachment G6- Quality Assurance Surveillance Plan

Attachment G7- DOL Wage Determinations:

Attachment G7a No. 1996-0273, Rev 22, dated 01/21/11, Santa Clara, Santa Cruz

Attachment G7b No. 1996-0272, Rev 22, dated 06/15/10, Alameda, Contra Costa

Attachment G7c No. 1996-0266, Rev 23, dated 06/15/10, Napa, Solano, Sonoma

Attachment G7d No. 1992-0334, Rev 26, dated 06/15/10, Marin, San Francisco, San

Mateo

Attachment G8- Full Replacement Value

Attachment G9- DPM Claims and Liability Procedures

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS –

COMMERCIAL ITEMS (JUNE 2008) BY REFERENCE (SEE SF 1449, BLOCK

27a):

FAR 52.212-1(b) Submission of offers is amended as follows: Offerors must submit a fully executed proposal to be considered for evaluation, including a fully executed SF

1449, completed and accurate Schedule of Services, Representations and Certifications, Past Performance and Experience information, Responsibility information, acknowledgments of Amendments (if applicable), and all other required submittals.

Requirements for Submission of Offers: Offerors are required to submit their Offer in two separate parts:

Part I Schedule of Services (Price) Proposal

Part II Technical Proposal (Past Performance)

Requirements for Submission of Proposals and Content. Offerors are required to submit their proposals as follows:

1. Part I – Price Proposal - include the following information in Part I of the proposal:

a. Schedule of Prices and other information. Failure to provide prices for all items may result in rejection of the proposal:

1. Complete Standard Form 1449, Blocks 30a, 30b, and 30c.

2. Addendum –Schedule of Supplies/Services of the solicitation for the base year and all four option years.

3. FAR clause 52.212-3, Offeror‘s Representations and Certifications-

Commercial Items (JAN 2011).

b. Required Responsibility information. Before the Government can award a contract, it must make a positive determination of the offeror‘s responsibility.

The following information is to be submitted as part of the Pricing Proposal:

1. Company checking/savings account. Provide the name and address of your financial institution(s), account number(s), and the name, title and telephone number of the individual at those institutions that you have authorized in writing to release information to the Contracting Officer indicated on the front of the

Standard form 1449, block 31b.

2. Names, addresses, and telephone numbers of suppliers, with whom you regularly do business.

3. Letter(s) of credit. Provide copies of all company letters of credit. If none, so state.

4. List other solicitations that are still pending in which your firm is the apparent low offeror or bidder. Discuss how you would handle all such contracts if awarded this contract and other contract(s). Provide any other information you feel may be relevant.

c. Complete FAR 52.247-2, Permits, Authorities, or Franchises (Other Contract

Terms and Conditions, Paragraph 7, Page 139.)

d. Complete the Schedule of Estimated Quantities for Base Year, and all Four

Option Years for each Area.

e. Prospective awardee must be an approved carrier under the Surface

Deployment & Distribution Command (SDDC) by the start date of the contract. Further information on obtaining this approval is available at:

http://www.sddc.army.mil/Public/Home http://www.sddc.army.mil/Public/Home

Provide statement or SDDC Letter that the warehouse/s that you plan to use to carry out the requirements as stated in the Performance Work Statement is/are presently certified by the SDDC as being approved for the use of Moving and

Storing Personal Property for the United States Military and Government

Employees.

f. Copy of the letter provided by SDDC authorizing your warehouse/s as certified to handle military household goods and/or unaccompanied baggage.

g. The Government may conduct a pre-award visit at your facility. Please provide a point of contact, telephone/facsimile numbers, e-mail address and full address of your facility.

h. A statement whether you want to be considered for the primary contract, secondary contract only, or both.

i. Provide any additional information that you feel is relevant to your firm‘s responsibility as a potential Government Contractor.

2. Part II – Past Performance

a. Provide at least three (3) and not more than five (5) recent contracts or subcontracts performed within the last three (3) years or currently being performed. Contracts listed must include those entered into with Federal, State, or Local Governments, or Commercial concerns. The contractor may submit statements of explanation for those contracts that may have been below acceptable performance. Offerors are notified that the government reserves the right to contact other government and commercial sources not included in the proposal in order to determine the past performance of the offeror. The listing as a minimum must include:

1. Contract Number Applicable project or service involved.

2. Contract type and whether or not it was a service type contract.

3. Contract dollar amount.

4. Procuring contract activity or firm‘s complete name, including address, telephone number and name of the Contracting Officer or Contract

Administrator.

b. Offeror must submit Past Performance and Experience Questionnaire (see list of

Attachments) to each of the offeror‘s references listed, noting to each reference that each questionnaire must be submitted to the contracting officials (Block 7.a of the SF

1449) no later than the due date of receipt of proposal (Block 8 on SF 1449). The

Government reserves the right to provide the offeror a ―neutral with unknown confidence‖ evaluation for all references not submitted by this date (see Section VIII -

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999) regarding evaluation of past performance and experience for this Solicitation. The Government reserves the right to consider any information received prior to contract award.

FAR 52.212-1(c) Period for acceptance of offers is amended as follows: The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for the receipt of offers, unless another time period is specified in addendum to the solicitation.

FAR 52.209-7, Information Regarding Responsibility Matters (Apr 2010)

(a) Definitions. As used in this provision—―Administrative proceeding‖ means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission

Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed

Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a

Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

―Federal contracts and grants with total value greater than $10,000,000‖ means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked ―has‖ in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal

Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or

(c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall enter the information in paragraphs (c)(1)(i) through

(c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see

52.204-7).

―Principal‖ means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

FAR 52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran—

Certification (Sep 2010)

FAR 52.233-2 Service of Protest (SEP 2006) http://www.ccr.gov/

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the

Government Accountability Office (GAO), shall be served on the Contracting Officer

(addressed as follows) by obtaining written and dated acknowledgment of receipt from

US Coast Guard SILC West, Coast Guard Island Bldg 54C, Alameda, CA 94501.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

FAR 52.247-6 -- Financial Statement(APR 1984)

The offeror shall, upon request, promptly furnish the Government with a current certified statement of the offeror‘s financial condition and such data as the Government may request with respect to the offeror‘s operations.