Solicitation_(SF-1449)_HSCG84-13-Q-BB1045.pdf

NOTICE TO OFFERORS

SOLICITATION NUMBER: HSCG84-13-Q-BB1045

The U.S. Department of Homeland Security, U.S. Coast Guard, Shore Infrastructure Logistics Center (SILC) will acquire the services outlined in this solicitation utilizing procedures in FAR Part 12, Acquisition of Commercial Items and FAR Subpart 13.5, Test Program for Certain Commercial Items.

This solicitation is issued “Unrestricted” under Full and Open Competition in accordance with FAR Subpart 6.1. The NAICS code is 485410 (School and Employee Bus Transportation) and the size standard is $14.0M.

THE FOLLOWING INFORMATION IS HIGHLIGHTED FOR YOUR ATTENTION

1. This cover sheet is not intended to be all-inclusive. Please read the entire solicitation, including any attachments, to ensure completion of all required representations, certifications and submissions. Acknowledge all Solicitation Amendments (SF-30) issued by the Government.

2. Your offer shall include ALL of the documents and information listed on pages 30-31 (FAR

Provision 52.212-1, (b) Submission of Offers) and your offer shall be received by our office at or before the exact date and time specified on page 1 of the SF-1449, Block 8 to be eligible for award.

3. Submit your offer, with all required documentation, to the following mailing address:

• U.S. Department of Homeland Security

United States Coast Guard Shore Infrastructure Logistics Center, PCB-4 Attn: Wendy J. Culbreth 300 East Main Street, Suite 965 Norfolk, VA 23510-9112

• DO NOT e-mail or fax offers

4. QUESTIONS/CONCERNS: It shall be the obligation of the offeror to exercise due diligence to discover and to bring to the attention of the Government any ambiguities, inconsistencies, concerns, and/or questions regarding the information in this solicitation. All questions/concerns regarding this solicitation shall be submitted in writing to Wendy Culbreth at Wendy.J.Culbreth@uscg.mil no later than May 17, 2013 1:00 PM Eastern. Follow-up/additional questions will not be accepted after this date. Offerors shall reference the solicitation number and provide enough information in their e-mail so the Government can easily respond to their questions/concerns. Questions/concerns will be compiled and addressed on an “Amendment of Solicitation” (SF-30) and will be posted on the FedBizOpps website for viewing by all potential offerors. Answers to questions will be available after the due date for questions/concerns has past.

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation.

OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum.

Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester‘s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government.

The agency‘s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to:

COMMANDANT (CG-9131)

U.S. COAST GUARD

OMBUDSMAN PROGRAM FOR AGENCY PROTESTS

2100 2ND ST SW STOP 7112

WASHINGTON DC 20593-7112

The Ombudsman Hotline Telephone Number is (202) 372-3695.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17(a-b), 23, 24, & 30(a-c)

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

HSCG84-13-Q-BB1045

6. SOLICITATION

ISSUE DATE

05/02/2013

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Wendy J. Culbreth Christina M. Grimstead

b. TELEPHONE NUMBER (No collect calls)

(757) 628-4824

(757) 628-4116

8. OFFER DUE DATE/

LOCAL TIME

06/03/2013 01:00 PM, Eastern

9. ISSUED BY CODE 84

U.S. Department of Homeland Security United States Coast Guard Shore Infrastructure Logistics Center (SILC), PCB-4 Attn: Wendy J. Culbreth 300 East Main Street, Suite 965 Norfolk, VA 23510-9112

10. THIS ACQUISITION IS

UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS WOMEN-OWNED SMALL

HUBZONE SMALL BUSINESS(WOSB)

BUSINESS ECONOMICALLY

SERVICE-DISABLED DISADVANTAGED

VETERAN-OWNED WOMEN-OWNED

SMALL BUSINESS SMALL BUSINESS (EDWOSB)

8(A)

NAICS: 485410

SIZE STANDARD: $14.0M

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

Net 30 Other: _____________________

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

CONTINUED ON PAGES 2

16. ADMINISTERED BY CODE 84

United States Coast Guard (USCG) Shore Infrastructure Logistics Center (SILC), PCB

CONTINUED ON PAGES 2 - 3

17a. CONTRACTOR/ OFFEROR (NAME AND ADDRESS)

DUNS:

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE 51800

U.S. Coast Guard Finance Center Chesapeake, VA

CONTINUED ON PAGES 4 - 5

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

*Payments will be made by Electronic Funds Transfer (EFT)*

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM: CONTINUED ON PAGES 4 - 5

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The USCG has a requirement for school bus services for TRACEN Cape May NJ in accordance with the attached Statement of Work.

25. ACCOUNTING AND APPROPRIATION DATA (FOR GOVT USE ONLY)

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1 AND 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE / ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE / ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN ONE (1) COPY(S) TO ISSUING OFFICE. CONTRACTOR AGREES TO

FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE

IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE __________________OFFER DATED

_______________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 3/2011)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.212

CONTINUATION SHEET FOR:

STANDARD FORM 1449

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

Continuation of SF-1449 Block 15: Deliver To

Place of Performance: U.S. Coast Guard, Training Center (TRACEN) Cape May, NJ

Place of Acceptance on behalf of the Government: U.S. Department of Homeland Security, U.S. Coast Guard, Shore Infrastructure Logistics Center (SILC), PCB, 300 East Main Street, Suite 965, Norfolk, VA 23510-9112.

Continuation of SF-1449 Block 16: Administered By (Contract Management)

Notwithstanding the Contractor’s responsibility for total management during the performance of the contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The individuals listed below will be the Government points of contact during the performance period.

Contract Administration: The U.S. Department of Homeland Security, U.S. Coast Guard, Shore Infrastructure Logistics Center, PCB, 300 East Main Street, Suite 965, Norfolk, VA 23510-9112 will perform all contract administration. Communications pertaining to contractual administrative matters shall be addressed to one of the Contracting Officers (KO) listed below.

Changes in, or deviations from, the statement of work or terms and conditions of the contract shall not be effected without written modification to the contract as executed by a USCG SILC PCB Contracting Officer.

Contracting Officer: Wendy J. Culbreth Telephone #: (757) 628-4824 E-Mail: Wendy.J.Culbreth@uscg.mil Fax #: (757) 628-4135

Contracting Officer: Dawn J. Dabney Telephone #: (757) 628-4261 E-Mail: Dawn.J.Dabney@uscg.mil Fax #: (757) 628-4135

Contracting Officer: Janet M. Kodmon Telephone #: (757) 628-4115 E-Mail: Janet.M.Kodmon@uscg.mil Fax #: (757) 628-4135

Alternate Contracting Officer(s): Any warranted USCG SILC PCB Contracting Officer

Contract Administrator (Contract Specialist): Serves as the point of contact between the Contractor and the Contracting Officer(s); however, this person does not have a warrant that provides the authority to contractually commit the Government.

Contract Specialist: Christina Grimstead Telephone #: (757) 628-4116 E-Mail: Christina.M.Grimstead@uscg.mil Fax #: (757) 628-4135

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

Continuation of SF-1449 Block 16: Administered By (Contract Management)

The Contracting Officer’s Representative (COR) is a Government employee designated in writing by the Contracting Officer to act as a technical advisor for the Contracting Officer for services/items within the scope of the contract. The COR performs functions such as review and/or inspection and acceptance of supplies and services and of a technical nature. A designation letter will set forth the name of the COR and the authorities and limitations of the COR under the contract. This person does not have a warrant that provides the authority to contractually commit the Government or to modify any terms and conditions of a contract.

Continuation of SF-1449 Block 17b: Remittance Address

Payment will be made by Electronic Funds Transfer (EFT) to the financial institution listed in the System for Award Management (SAM).

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

Continuation of SF-1449 Blocks 18a and 18b: Invoice Procedures

Electronic submission of invoices is mandatory for this contract and/or any orders issued in accordance with this contract.

1. The Contractor shall submit invoices for supplies or services via the U.S. Coast Guard Finance Center website at:

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

2. The web submission requires the contractor to complete the Contractor Invoice Submission Form, select the correct Invoice Routing Code, and attach a PDF file(s) of the invoice and any necessary supporting documentation.

3. A sample of the Contractor Invoice Submission Form is provided below. Mandatory information to be completed is highlighted in red on the website.

Contractor Invoice Submission Form Directions: Please complete as much information as possible. All blocks in red text are required entries.

Note: Web-Invoices are accepted only for Coast Guard Contracts over the Simplified Acquisition Threshold (Document Type 24).

THIS WEB FORM IS NOT AN OFFICIAL INVOICE. THE OFFICIAL INVOICE MUST BE ATTACHED

Invoice Information

Invoice Routing Code:

SILC PCB-4

(help) Invoice Number: (help)

Contract Number: (help) Invoice Date:

MM/DD/YY

(help)

BPA Number: (help) Invoice Amount:

0.00

(help)

Delivery/Task Order Number: (help) Discount Terms:

00.00

Discount Days:

Net Days:

(help)

Company Information Attachment of Official Invoice

Company Name: (help)

DUNS: Plus 4: (help)

Point of Contact Name: (help)

Point of Contact Email: (help)

Phone: (help) Fax: (help)

Please verify your entry on the next page. Attach invoice and any supporting documentation after verification.

• Attachment must be a single PDF file no larger than 3 MB. Grey-scale PDFs are not compatible. This will be our official invoice. Supporting documentation must be combined in the single PDF file or submitted to your contracting office separately via email.

• Need help creating a PDF file? Click here for instructions.

Verify

Reset

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

4. The Contractor must select the correct Invoice Routing Code for timely invoice processing. The Invoice Routing Code for this contract is SILC PCB-4.

5. Visit the U.S. Coast Guard Finance Center Website for instructions regarding invoice attachments.

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

6. A copy of the invoice and any supporting documentation shall also be e-mailed to the following individuals: Judy.L.Winkler@uscg.mil and Christina.M.Grimstead@uscg.mil

7. The Contractor shall submit a proper invoice as identified in FAR Clause 52.212-4, (g) Invoice. All invoices shall be itemized to correlate to the Schedule of Supplies/Services. All improper invoices will be rejected which could delay payment.

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

Continuation of SF-1449 Blocks 19-24: Schedule of Supplies/Services

Contract Type.

The contract type is an Indefinite-Delivery Indefinite-Quantity (IDIQ) Contract with Firm-Fixed Unit Prices*. Task Orders will be issued in accordance with the contract when services are required. Task Orders will be issued on an Optional Form 347 (OF-347), “Order for Supplies or Services” (or other equivalent form). Individual Task Orders will specify the CLINs, quantity ordered, and the period of performance of the Task Order. The Contractor is not authorized to provide services prior to the issuance of a Task Order.

*Firm-Fixed Unit Prices shall include all costs to provide the services/supplies, which includes, but is not limited to, all applicable Federal, State, and local taxes and duties in accordance with FAR Clause 52.212-4(k), Taxes.

Estimated Quantities.

The quantities specified in the “Schedule of Supplies/Services” are estimates only and are not purchased by this contract. The quantities needed may go up or down depending on the needs of the U.S. Coast Guard.

Contract Period of Performance.

Base Period: September 1, 2013 – August 31, 2014 Option Period One: September 1, 2014 – August 31, 2015 (if exercised by the Government) Option Period Two: September 1, 2015 – August 31, 2016 (if exercised by the Government) Option Period Three: September 1, 2016 – August 31, 2017 (if exercised by the Government) Option Period Four: September 1, 2017 – August 31, 2018 (if exercised by the Government)

The contract period of performance shall not exceed five years if all options years are unilaterally exercised by the Government in accordance with FAR Clause 52.217-9; unless FAR Clause 52.217-8 is also unilaterally exercised by the Government to extend the contract for up to an additional 6 months.

Abbreviations.

The following abbreviation(s) are used in the Schedule of Supplies/Services below.

CLIN: Contract Line Item Number

EST QTY: Estimated Quantity MO: Month DA: Day

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

Schedule of Supplies/Services and Firm-Fixed Unit Prices.

BASE PERIOD: September 1, 2013 – August 31, 2014

CLIN DESCRIPTION EST

QTY UNIT FIRM-FIXED

UNIT PRICE

ESTIMATED

AMOUNT

00001 Basic Monthly School Bus Transportation Services

00001A Three (3) Buses per month 10 MO $ $

00001B Two (2) Buses per month 10 MO $ $

00001C One (1) Bus per month 10 MO $ $

00002 One Additional School Bus per day 30 DA $ $

OPTION PERIOD ONE: September 1, 2014 – August 31, 2015 (If exercised by the Government)

CLIN DESCRIPTION EST

QTY UNIT FIRM-FIXED

UNIT PRICE

ESTIMATED

AMOUNT

10001 Basic Monthly School Bus Transportation Services

10001A Three (3) Buses per month 10 MO $ $ 10001B Two (2) Buses per month 10 MO $ $ 10001C One (1) Bus per month 10 MO $ $ 10002 One Additional School Bus per day 30 DA $ $

OPTION PERIOD TWO: September 1, 2015 – August 31, 2016

CLIN DESCRIPTION EST

QTY UNIT FIRM-FIXED

UNIT PRICE

ESTIMATED

AMOUNT

20001 Basic Monthly School Bus Transportation Services

20001A Three (3) Buses per month 10 MO $ $ 20001B Two (2) Buses per month 10 MO $ $ 20001C One (1) Bus per month 10 MO $ $ 20002 One Additional School Bus per day 30 DA $ $

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

OPTION PERIOD THREE: September 1, 2016 – August 31, 2017

CLIN DESCRIPTION EST

QTY UNIT FIRM-FIXED

UNIT PRICE

ESTIMATED

AMOUNT

30001 Basic Monthly School Bus Transportation Services

30001A Three (3) Buses per month 10 MO $ $ 30001B Two (2) Buses per month 10 MO $ $ 30001C One (1) Bus per month 10 MO $ $ 30002 One Additional School Bus per day 30 DA $ $

OPTION PERIOD FOUR: September 1, 2017 – August 31, 2018

CLIN DESCRIPTION EST

QTY UNIT FIRM-FIXED

UNIT PRICE

ESTIMATED

AMOUNT

40001 Basic Monthly School Bus Transportation Services

40001A Three (3) Buses per month 10 MO $ $ 40001B Two (2) Buses per month 10 MO $ $ 40001C One (1) Bus per month 10 MO $ $ 40002 One Additional School Bus per day 30 DA $ $

Notes:

CLIN X0001A (Three (3) Buses per month): The “Firm-Fixed Unit Price” shall be the price for three buses to drop children off at school and three buses to pick up children from school during one month.

CLIN X0001B (Two (2) Buses per month): The “Firm-Fixed Unit Price” shall be the price for two buses to drop children off at school and two buses to pick up children from school during one month.

CLIN X0001C (One (1) Bus per month): The “Firm-Fixed Unit Price” shall be the price for one bus to drop children off at school and one bus to pick up children from school during one month.

CLIN X0002 (One Additional School Bus per day): The “Firm-Fixed Unit Price” shall be the price for one bus to drop children off at school and one bus to pick up children from school per day.

*Only one of the X0001 CLINS (A, B, or C) will be used for any given month. Number of buses required will normally be determined prior to the start of each school year and will normally not change for that school year.

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

Continuation of SF-1449 Blocks 26: Total Award Amount

Total Minimum Guarantee: $7,000.00 It is anticipated that the minimum guarantee will be satisfied by the issuance of the first task order at time of contract award and therefore the minimum guarantee would not be obligated on the contract.

If a task order is not issued at the time of contract award to cover the minimum guarantee, then the contract will obligate the minimum guarantee in the amount of $7,000.00. However, the $7,000.00 will be de-obligated off of the contract, via a unilateral contract modification, when the total minimum guarantee is satisfied through the award of task orders. If the entire minimum guarantee amount is not satisfied through the award of task orders during the contract period of performance, then the remaining amount of the minimum guarantee shall be paid to the Contractor via a task order at the end of the contract period of performance. If no task orders are ever awarded during the contract period of performance then the total minimum guarantee amount shall be paid to the Contractor in full at the end of the contract period of performance.

Note: If the contract is Terminated for Cause, the minimum guarantee or the remainder of the minimum guarantee shall not be paid to the Contractor as stated above.

Total Not-To-Exceed Contract Ceiling: $950,000.00 All task orders issued pursuant to this contract shall not exceed the Not-To-Exceed Contract Ceiling. The contract will remain in place and task orders may be issued in accordance with the contract until the Not-To-Exceed Contract Ceiling has been used in its entirety or until the contract period of performance ends, whichever occurs first.

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

STATEMENT OF WORK

1.0 INTRODUCTION

The U. S. Coast Guard Training Center (TRACEN) Cape May requires school bus transportation services to/from TRACEN Cape May Owned Housing and TRACEN Cape May Child Development Center in Cape May, NJ and Cape May Elementary School. All services shall be performed in accordance with applicable local, state and federal regulations including the New Jersey Administrative Code, Title 6A, Chapter 27, Student Transportation. Chapter 27 can be accessed at the following website:

http://www.nj.gov/education/code/current/title6a/chap27.pdf

2.0 BACKGROUND

The mission of the U. S. Coast Guard Training Center Cape May is to provide various recruit training for Coast Guard personnel. The Training Center provides services and logistics support, which consistently meets or exceeds the expectations of the Coast Guard units operating within the Fifth Coast Guard District geographic boundaries.

3.0 APPLICABLE STANDARDS/DOCUMENTS

3.1 Work under this contract shall be performed in compliance with all applicable local, state and federal regulations. The Contractor is responsible for obtaining all permits and licenses required in performance of this contract.

3.2 All buses must be issued a school bus inspection sticker by the State of New Jersey Division of Motor Vehicles, specifically authorizing the bus to be used for the transportation of students. The contractor shall submit evidence of inspection to the Contracting Officer prior to the beginning of each school year and at any time as the Contracting Officer deems necessary. A record of vehicle inspections shall be maintained by the Contractor, and made available to the Contracting Officer upon request. Maintenance records shall be maintained for each vehicle in the performance of this contract for 13 months.

3.3 Permits and Licenses

The contractor shall obtain all necessary permits and licenses necessary for the performance of the requirements specified herein and by the New Jersey Administrative Code, Title 6A, Chapter 27, Student Transportation. In addition to this general requirement, the following specially apply:

3.3.1 All buses must be issued all necessary and required school bus inspection stickers by the State of New Jersey Division of Motor Vehicles.

3.3.2 All bus drivers assigned to the performance of this contract shall possess a valid school bus driver's license issued by the state of New Jersey. Contractor shall ensure that prior to the beginning of contract performance and prior to the assignment of any bus driver or substitute driver, there is on file by the Contractor, the name and social security number of each driver and certification of a criminal background check.

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

HSCG84-13-Q-BB1045

4.0 SCOPE

4.1 Basic Monthly School Bus Transportation Services (CLIN X0001A-C)

The contractor shall provide all labor, materials, services, equipment, and supervision necessary to provide school bus services to transport approximately 49-160 school age children to/from TRACEN Cape May Cape May Owned Housing and TRACEN Cape May Child Development Center and Cape May Elementary School. The estimated number of students may go up or down depending on the number of school age children residing at TRACEN Cape May. It is estimated that approximately 1 to 3 (49 passenger or larger) buses will be required for pick up/drop off at school per month. Transportation shall be provided daily Monday through Friday from approximately September 1st through June 30th following the schedule set by the local school district.

4.1.1 Transportation will be required from TRACEN Cape May Owned Housing and TRACEN Cape May Child Development Center to Cape May Elementary School. The normal start time for the Cape May Elementary School is 8:20 AM, Eastern. Some deviation of drop-off times may occur based on school schedules (e.g., school delays due to weather, etc).

4.1.2 Transportation will be required from Cape May Elementary School to TRACEN Cape May Owned Housing and TRACEN Cape May Child Development Center. The normal release time for the Cape May Elementary School is 3:00 PM, Eastern. Some deviation of pickup times may occur based on school schedules (e.g., half days, etc).

4 .2Addi t iona l School Bus pe r Day (CLIN X0002) Additional buses may be ordered on a daily basis (as-needed) to transport additional school age children from/to TRACEN Cape May Cape May Owned Housing and TRACEN Cape May Child Development Center and Cape May Elementary School.

4.2.1 Transportation will be required from TRACEN Cape May Owned Housing and TRACEN Cape May Child Development Center to Cape May Elementary School. The normal start time for the Cape May Elementary School is 8:20 AM, Eastern. Some deviation of drop-off times may occur based on school schedules (e.g., school delays due to weather, etc).

4.2.2 Transportation will be required from Cape May Elementary School to TRACEN Cape May Owned Housing and TRACEN Cape May Child Development Center. The normal release time for the Cape May Elementary School is 3:00 PM, Eastern. Some deviation of pickup times may occur based on school schedules (e.g., half days, early release from school due to weather, etc).

5 .0 TECHNICAL REQUIREMENTS

5.1 The Contractor shall furnish school buses and transport students, not to exceed in number the capacity of the vehicle, to and from school every day school is in session. The Contractor shall comply with all rules and regulations of the New Jersey Administrative Code, Title 6A, Chapter 27, Student Transportation governing student transportation. All school buses used for the performance of this contract must comply with all applicable local, state and federal regulations currently in effect, including rules and regulations that specifically apply for the manufacture year of the school bus. For example, buses with a chassis manufacture date of October 1992 or later, must be equipped with seat belts and high back seats, facing forward. Coast Guard authorized personnel shall inspect buses on a periodic basis. Any bus that does not meet these requirements will be rejected prior to loading.

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

5.1.1 Buses must be a 49 passenger or larger, and must be clean, safe and have a fully operative climate control during the entire contract period.

5.1.2 The exterior color of all buses shall be painted National School Bus "Glossy Yellow."

5.1.3 No advertisement of any kind on either the interior or the exterior of the school buses shall be permitted.

6 . 0 P E R S O N N E L REQUIREMENTS/QUALIFICATIONS

6.1 The Contractor shall provide personnel who meet or exceed established standards in order to effectively perform the services required herein. The personnel shall be licensed, qualified, experienced and demonstrate the capability of performing the services with minimum supervision.

6.2 The Contractor shall manage the total work effort associated with operations and all other services required herein in a skillful and professional manner to assure fully adequate and timely completion of these services. Included in this function is a full range of management duties including, but not limited to, planning, scheduling, cost accounting, report preparation, establishing and maintaining records and quality control.

6.3 Removal or dismissal of employees, who are not fully able to perform the normally assigned duties or violate any security or health requirement, does not relieve the Contractor of the requirement to provide sufficient personnel to adequately perform services required. The Contractor shall provide contingencies for employees who are absent during their regular work hours. The Contractor shall have in place a suitable replacement for the absentee employee within two hours of initial notification by the Contracting Officer’s Representative (COR).

6.4 Employee Training / Operation of Equipment. The Contractor shall ensure that each employee used in the performance of this contract is adequately trained and instructed to safely and competently perform the work. All equipment operators shall be fully trained and capable to use equipment in the performance of the contract.

6.5 Alcohol and Controlled Substances. Contractor employees shall not possess, distribute, consume, use, or cause to be used any controlled substance or alcohol before or during performance of the services or on Government property. Any employee using a controlled substance prescribed by a physician shall get written permission from the Contracting Officer to continue performance of assigned duties for this contract. Any contractor or contractor employee found to be in violation of this section will be permanently prohibited from performing services. Actions taken under this section shall not relieve the contractor of the requirement to provide sufficient personnel to perform adequate and timely service as required in this contract.

6.6 Contractor Points of Contact (POC). The Contractor shall provide the names, phone numbers and e-mail addresses of POCs to contact regarding the contract during normal business hours and after hours.

The Contractor shall provide updated POC information as needed to the Contracting Officer and Contracting Officer’s Representative (COR).

7.0 GOVERNMENT-FURNISHED PROPERTY, MATERIAL, EQUIPMENT, AND/OR

INFORMATION

Not Applicable

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

HSCG84-13-Q-BB1045

8.0. CONTRACTOR QUALITY CONTROL (QC) REQUIREMENTS

8.1 The Contractor shall implement their commercial Quality Control Plan (QCP). The QCP shall outline management, safety and maintenance under the contract and shall contain Quality Checklists.

8.2 The Contractor may be required to meet with the COR and/or Contracting Officer as often as necessary to exchange quality control information or to discuss problems/concerns.

9.0. GOVERNMENT QUALITY ASSURANCE REQUIREMENTS

9.1 Fundamental Government Responsibilities. The Contracting Officer's Representative (COR) is responsible for representing the Contracting Officer in all facets of quality for the services required. The designated personnel will carry out inspections, reviews, approvals and handle deficiencies; and, ultimately accept on behalf of the Contracting Officer. The functions of the COR will be outlined in a COR Appointment Memorandum and is supplement by the following functions. Government personnel, other than the Contracting Officer and the COR, from time to time, may observe the Contractor’s operations. However, these personnel may not interfere with Contractor performance.

9.2 General Quality Assurance Functions. To facilitate the surveillance of the contractor's quality program by the Government, the COR will verify contractor compliance with designate performance requirements. In addition, for noncompliance and/or untimely corrective action to deficiencies of specific tasks, the contractor is subject to re-performance. With this intent, the surveillance approach may not be one that stays the same throughout the duration of the contract. The COR will periodically update the surveillance approach when the need arises. The COR will inspect the contractor's QCP regularly for compliance with the requirements herein.

9.3 Specific Quality Assurance Functions. The COR will establish an Inspection Schedule using the Quality Checklists from the Contractor’s QCP. The COR will perform the following qualitative and evaluative functions, which comprise the Government Quality Assurance Surveillance Plan (QASP):

9.3.1 Carry out periodic inspections using the Quality Checklists.

9.3.2 Report any findings resulting from these inspections to the Contractor and Contracting Officer.

9.3.3 If discrepancies are discovered as a result of the periodic inspections, or any other means, use a Contract Discrepancy Report (CDR) to communicate them to the Contractor; and, follow up to ensure nonconformance are corrected.

9.3.4 Meet with the Contractor’s representative as agreed to or as often as necessary. The Contractor and COR will sign the written minutes of these meetings prepared by the COR. Any areas of non-concurrence by the Contractor with the minutes must be specified in writing to the COR within five calendar days of receipt of the signed minutes.

9.3.5 Follow-up to ensure customer surveys are conducted properly and contractor responds fully to concerns.

9.3.6 Review and approve changes for initial, annual and final equipment inventories and inventory reports.

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

9.3.7 Take appropriate actions based on Health, Safety, Environmental and any other inspection results.

9.3.8 Perform annual and final Performance Evaluations.

10.0 GOVERNMENT REMEDIES

In the event the Contractor fails to provide/maintain the equipment, manpower, insurance, permits and/or licenses necessary to accomplish the work required, the Government reserves the right to obtain the services elsewhere. The Government will deduct from the Contractor’s invoices, or at the Government’s discretion, will bill the Contractor for any differences in costs for the services, including any cost incurred in obtaining said services and any other damages incurred by the Government as a result of the Contractor’s failure to provide services. (This section is in addition to other Government remedies outlined in the contract.)

11 .0 DELIVERABLES

The Contractor is responsible for meeting the deliverable format, content and schedule in accordance with the table below.

Deliverable Frequency No. of Copies and To Whom Date Required

“Certificate of Insurance” as required by FAR 52.228-5

Annually after issuance One/Contracting Officer

With initial offer and one copy on the anniversary of the policy renewal.

Permits, Inspections, and Licenses

Annually after issuance One/Contracting Officer

With initial offer and one copy on the anniversary of the issuance.

“Quality Control Plan (QCP)” As needed Two/COR and

Contracting Officer

With initial offer and within 5 days after changes made to the QCP

Responses to “Contract Discrepancy Reports (CDRs)”

As needed Two/COR and Contracting Officer

Within 5 days of receipt of CDRs from the Contracting Officer and/or the COR

“Incident Reports” After each incident Two/COR and Contracting Officer Within 2 day after incident

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

CONTRACT CLAUSES

FAR CLAUSE 52.212-4: Contract Terms and Conditions-Commercial Items (FEB 2012).

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable Delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

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

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

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

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent Indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. – Tailored The contract price (including unit prices) includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s Convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records.

The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for Cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of Liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

HSCG84-13-Q-BB1045

(q) Other Compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with Laws Unique to Government Contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of Precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete.