MCM18-R-0008_Race_Timing.pdf
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United States Marine Corps
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Request for Proposal - Race Timing for Marine Corps Marathon Organization
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SERVICE AND SUPPLY CONTRACT
UNITED STATES MARINE CORPS
Marine Corps Community Services (MCCS) Nonappropriated Funds
SOLICITATION, OFFER AND AWARD
1. CONTRACT NUMBER 2. SOLICITATION NUMBER
MCM18-R-0008
3. DATE ISSUED
1/22/2019
4. PURCHASE REQUEST NUMBER
18-0060
5. ISSUED BY
REGIONAL PROCUREMENT OFFICE-NATIONAL CAPITAL REGION
2034 Barnett Avenue, 2nd Deck; PO Box 1397 Quantico, VA, 22134
6. ADMINISTRATION OFFICE ADDRESS (If other than block 5)
SOLICITATION
7. Following the instructions in Section L, send sealed offers for receipt no later than February 21, 2019 12:00 PM local time per the, location in Block 5. All offers are subject to all terms and conditions contained in this solicitation.
8. For information contact the Contract Specialist: Tyanna Villarreal mccs.org-Tyanna.Villarreal@usmc, , 703-784-5636.
TABLE OF CONTENTS
9. Sections marked with an “X” are incorporated.
(X) SEC DESCRIPTION PAGE # (X) SEC DESCRIPTION PAGE #
PART I–THE SCHEDULE PART II–CONTRACT CLAUSES
X A SOLICITATION/CONTRACT FORM 1-2 X I CONTRACT CLAUSES 35-48
X B PRICE AND FEE SCHEDULE 3-5 PART III–LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACH
X C STATEMENT OF WORK 6-10 X J LIST OF ATTACHMENTS 49-62
X D PACKAGING AND MARKING 11 PART IV–REPRESENTATIONS AND CERTIFICATIONS
X E INSPECTION AND ACCEPTANCE 12-13 X K REPRESENTATIONS, CERTIFICATIONS,
AND OTHER STATEMENTS OF OFFERORS
63-67
X F DELIVERABLES OR PERFORMANCE 14-16 X L INSTRUCTIONS, CONDITIONS, AND
NOTICES TO OFFERORS
68-77
X G CONTRACT ADMINISTRATION DATA 17-22
X M EVALUATION FACTORS FOR AWARD
78-79
X H SPECIAL CONTRACT REQUIREMENTS 23-34
OFFER
10. The offeror agrees, if awarded all or part of the items and/or services solicited, to furnish them according to the price(s)/fee(s), terms and conditions contained in the solicitation and offer. This offer will be valid until _________ calendar days (60 calendar days unless a different period is entered by offeror) after the established date for receipt of offers.
11. ACKNOWLEDGEMENT OF AMENDMENTS (Offeror acknowledges receipt of amendments to the Solicitation for offerors and related documents numbered and dated).
AMENDMENT NUMBER DATE AMENDMENT NUMBER DATE
12. OFFEROR’S NAME AND ADDRESS (Street, City, State & Zip Code)
CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM ABOVE,
AND ENTER THE ADDRESS IN SECTION B OF THE SCHEDULE.
13. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER
(Type or Print)
14. PHONE NUMBER & EMAIL ADDRESS 15. SIGNATURE/DATE
AWARD (To be completed by MCCS)
16. ACCEPTED AS TO ITEMS NUMBERED 17. AMOUNT
$0.00
18. SUBMIT INVOICES TO
SSCFINANCE - MCCS SHARED SERVICES CENTER
2306 E. BANNISTER ROAD
KANSAS CITY, MO 64131
EMAIL: SSC.ACCOUNTSPAY@USMC-MCCS.ORG
19. ACCOUNTING DATA
MCM-5093-01-6720-000-000
MCM18-C-2008 Page 1 of 79
20. NAME OF CONTRACTING OFFICER
Tyanna Villarreal
21. SIGNATURE OF CONTRACTING OFFICER / DATE
MCM18-C-2008 Page 2 of 79
B. SECTION B: SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 DESCRIPTION (ACNB 0008 APR 2014)
A description of the services to be furnished, the specifications, the time and place of delivery, and any other terms and conditions applicable to the contract, are set forth below, or attached hereto.
B.2 FIRM-FIXED PRICE CONTRACT (ACNB 0009) (APR 2016)
This is a Firm-Fixed Price Contract for Marine Corps Community Services (MCCS). The Contractor’s firm-fixed prices for providing products and/or services available under this contract are listed in the below Schedule for the base period of performance and option periods of performance, if any. Refer to the separate table “FUNDED CONTRACT LINE ITEM NUMBERS (CLINS)” for funded line items. If an option period of performance is exercised by contract modification, the option period and pricing will be in effect as stated in the modification. A description of the products and/or services to be furnished, the specifications, the time and place of delivery, and any other terms and conditions applicable to the contract, are set forth below, or attached hereto.
Event Base Year
Option YR
Option YR
Option YR
Option YR
Timing Marine Corps 17.75K
Travel 17.75K
Timing MCHH
Travel MCHH
Timing Devil Dog Double
Timing Semper 5ive
Belleau Wood 8K or equivalent
Belleau Wood
MCM18-C-2008 Page 3 of 79
Triathlon
Travel Triathlon
Timing Quantico 12K
Timing MCM and 50K
Travel MCM
Timing MCM 10K
Timing Turkey Trot 10K
Turkey Trot
Timing Medal of Honor 8k
Travel Medal of Honor 8K
Used timing devices-each
Un-used timing devices-each
Please consider when providing pricing MCMO will provide to contractor:
a. Recognition as timing and timing solution company
b. Log placement on MCMO website
c. Two (2) invitations to Hall of Fame Dinner on Friday evening of Marathon weekend and to sponsor party on Saturday evening (valued at $400 each)
d. Four (4) access passes to the VIP tent on Marine Corps Marathon day (valued at $150 each)
B.3 PROMPT PAYMENT DISCOUNT (ACNB 0017)
Contractor shall enter prompt payment discount terms:
MCM18-C-2008 Page 4 of 79
B.4 CONTRACTOR’S INFORMATION (ACNA 0006)
Contractor’s name, address, phone and fax numbers, Employer’s Identification Number, and principal Point of Contact (POC) information.
Contractor’s Name:
Contractor’s Address:
EIN:
Principal POC (name and title):
Phone:
Fax:
Email:
Technical POC (name and title):
Phone:
Fax:
E-mail:
MCM18-C-2008 Page 5 of 79
C. SECTION C: DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
C.1 SCOPE (ACNC 0001)
The Contractor shall provide or perform the following as required by this contract: timing equipment and services for the Marine Corps Marathon Organization (MCMO) running events.
C.2 BACKGROUND – MR AND MCCS (ACNA 0002-A MAY 2016)
a. The Business and Support Services Division (MR), Headquarters, United States Marine Corps, Quantico, Virginia, under the staff cognizance of the Deputy Commandant for Manpower and Reserve Affairs, is responsible for providing policy, plans, resources, and support to Marine Corps Community Services (MCCS) activities. MCCS provides commanders with an integrated organization for the development and delivery of Quality of Life programs and services. MCCS operates family, fitness and recreation, exchange and business, services and other Quality of Life programs and services for Marines and their families. The administration, management and operation of local MCCS activities are the responsibility of each installation commander.
b. MCCS activities are operated on Marine Corps installations on the east and west coasts of the United States; Hawaii; Iwakuni, Japan; and Okinawa, Japan.
c. MCCS activities are Nonappropriated Fund Instrumentalities of the Federal government, and are therefore subject to directives issued by the Department of Defense, the Secretary of the Navy, and the Commandant of the Marine Corps. The MCCS system generates over one billion dollars in sales per year from a wide variety of business operations. Earnings from its major revenue generators are used to help fund non-revenue generating MCCS programs. Additional information is available at www.usmc-mccs.org.
C.3 STATEMENT OF WORK (ACNC 0012)
Contractor shall provide the latest, most up to date race timing equipment and services for MCMO races in accordance with the following (see Attachments Section J for schedule and QTY of timing devices):
a. MCM Event Series:
1. Timing system mats and equipment as needed for all timed events. One experienced timer at each timing system station.
2. Timing bib tags for the Marine Corps 1775K
3. Timing bib tags for Belleau Wood 8K and/or equivalent race.
4. Timing bib RFID tags and timing ankle straps for the Quantico Triathlon
5. Timing bib tags for Quantico 12K
MCM18-C-2008 Page 6 of 79 http://www.usmc-mccs.org/
6. Timing bib tags for the Turkey Trot 10K.
7. Timing bib tags for Medal of Honor 8K.
8. Timing bib-tags to measure 4.5 in. x ¾ in. or smaller for placement on bibs.
9. Live results posting to MCMO website/leaderboards, searchable results preferred and must be posted no later than 3 pm race day.
b. Marine Corps Historic Half
1. Timing bib-tags for the Historic Half, Semper 5ive and Devil Dog Double. Measuring no larger 4 in x 1.5 in. for placement on bibs.
2. Live results streaming on race day to be posted at MCM results website/leaderboard. Results are to be fed to third party race technology partner (MCMO will provide contact information), such as Track your Runner, Map Track, push messaging, searchable results, and social media.
3. Timing system mats at each start line, every 5K split and finish. MCMO to provide exact locations and final quantities. One experienced timers at each timing system station, and two chief timers at the start and finish line as follows:
i. 4 systems at DDD/S5 start line
ii. 4 systems at MCHH start line
iii. 2 systems at 5K
iv. 2 systems at 10K
v. 2 systems at 15K
vi. 2 systems at 20K
vii. 4 systems at MCHH/DDD/S5 finish line
4. Computer set up to enable awards calculation. Contractor to provide awards list as determined by MCMO.
5. Produces final results, queries, and corresponds with Runners and MCMO about finish time discrepancies.
6. Uploads data to the historical results page at MCMO website.
7. Provides app to show attendees at Packet Pick up and t-shirt pick up. App shall be compatible with both iPhone and Android platforms.
In addition app shall feature, at minimum: race schedules, spectator guides, race tracking/results, map, social media, news, expo information, and weather. Content shall be uploaded by a member of MCMO.
c. Marine Corps Marathon
1. Timing bib tags for the MCM and MCM10K. MCMO will provide location on bib and size for placement. Should be no more than 4” x 1.5” for placement on bibs.
2. Live results streaming on race day to be posted at MCM results website/leaderboard. Results feed to race technology features provided by third party, such as Track your Runner, Map Track, push messaging, searchable results, and social media.
3. Computer set up to enable awards calculation. Contractor to provide awards list as required by MCMO for the MCM/50k and MCM10K
MCM18-C-2008 Page 7 of 79
4. Data accessibility to announcer at finish line by 8:00 a.m. to include set up of a computer to retrieve data for the MCM10K and MCM.
Data transmission must not interfere with the finish line.
5. Contractor must provide results electronically to local media outlets. MCMO to provide all requirements to Contractor no later than one week prior to the event.
6. Results to MCMO displaying time for start, all splits and finish no later than 1900 on event/rave Day. Results listing in the categories as provided by MCMO one month prior to event day. MCMO to adjust or provide additional categories as deemed necessary.
7. Timer will manage results until MCMO confirms results.
8. Timer will inform MCMO of all questionable results asking prior to addition or removal from results page.
9. Timing system mats at the following locations and quantities at the start, every 5K split and finish. MCMO to provide exact locations and final quantities via maps or site visit provided two (2) weeks prior to event/race day. One experienced timer at each timing system station as follows:
i. 4 systems at MCM start line
ii. 2 systems at 5K.
iii. 2 systems at 10
iv. 2 systems at 15K
v. 2 systems at 20K
vi. 2 systems at mile 13.1
vii. 2 systems at 25K
viii. 1 system at mile 17 (the DC Gauntlet)
ix. 2 systems at 30K
x. 2 systems at 35K
xi. 2 systems at the Crystal City Gauntlet (approx.35.5K)
xii. 2 systems at 40K
xiii. 2 systems at MCM/MCM10K finish line
xiv. 1 system for announcer area
xv. 1 system at MCM10K start line
xvi. 1 system at MCM50K start line
xvii. 1 system in Finish Festival at straggler bus drop off
xviii. Existing systems will be used to time the 50K which entail the MCM and MCM10K courses
d. Additional Requirements for all races
1. Coordination of live results and splits for MCM, MCM10K, MCM50k, Historic Half, Semper Five and Devil Dog Double, and MCM Event Series uploaded to the Internet. Complete listing of results no later than one (1) hour after event.
2. Coordination of awards data to support awards presentations.
Awards list to be provided by MCMO at least two weeks prior to event day to program awards.
3. Timing devices affixed to bibs. Work directly with third party company responsible for bib production. Contractor shall ship
MCM18-C-2008 Page 8 of 79 timing devices to bib manufacturer to be affixed to bibs no later than two weeks before production. MCMO shall provide a timeline.
4. Delivery of participant bibs in numerical order per delivery timeline.
5. Technical support for database as needed and presence at both Expos is required for troubleshooting purposes.
6. Timing services for MCM and Historic Half Weekend. Contractor responsible for all logistical and manpower requirements. MCMO to provide locations.
7. Works directly with third party race technology company to upload leaderboard results, historical results, and provides statistical data for all races per request of MCMO.
8. Travel expenses for all events. Hotel accommodations for timers provided by MCMO free of charge for event series and up to 10 rooms for MCM and MCHH weekend. Names and detailed travel itinerary must be submitted one month prior to each event and approved by MCMO. Invoice to include approved travel expenses. See section H.8 for additional information.
9. Research and presenting of software/hardware to determine trends for Packet Pick-up and t-shirt size pick-up, event ticket scanning such as Carbo Dining-In, and other relevant requirements from
MCMO.
10. 60 bib scanning/verification stations for MCM packet pick up at expo and 15 bib scanning/verification stations for MCHH at expo. One engineer and one experienced timer to be present at both expos.
11. Product support to include but not limited to: scanners, iPads, two technicians on call; one on site at expo, and preprogramming of equipment. Assistance with Internet connectivity needs during event and at expo planning.
12. 10 tablets with wireless access for MCM and MCHH.
13. 10 timing system mat systems with manpower and transportation.
14. Up to 10 laptops loaned to MCMO for year-round use by MCMO with:
i. 8mb of memory
ii. High speed processor
iii. Windows Microsoft Office 10 or above
iv. Backlit keyboard
f. Contractor Timeline: Contractor must be able to perform within the below timeline. E-XX stands for the number of days delivered before an event. General timeline (days before an event) will remain about the same for option years, and a timeline will be included with the modification for that option year. MCMO will provide dates of the events and contractor shall provide a timeline during evaluation. All events are listed with a letter.
Event/Date Bib Delivery
Marine Corps 17.75K – E-30
MCM18-C-2008 Page 9 of 79
4/13/2019
MCHH –
5/19/2019 E-30
Devil Dog double – 5/19/2019
E-30
Semper Five 5/19/2019 E-30
Run Amuck 6/22/2019 E-30
Belleau Wood 8K or equivalent 6/22/2019
E-30
Quantico Triathlon and 12K – 8/17/2019
E-30
MCM/50k Competitor 10/27/2019
E-45
MCM10K
10/27/2019
E-45
MCM Forward 10/27/2019
E-60
Turkey Trot And Turkey Trot 1 Mile 11/16/2019
E-14
Medal of Honor 8k
E-30
C.4 PLACE OF PERFORMANCE AND HOURS OF OPERATION (ACNC 0009-A JAN 2015)
Various race locations within Virginia.
MCM18-C-2008 Page 10 of 79
D. SECTION D: PACKAGING AND MARKING
D.1 PACKAGING AND MARKING (ACND 0012 APR 2012)
Contractor shall comply with the packaging and marking instructions set forth below. MR and MCCS activities reserve the right to charge back excess costs incurred by failure of the Contractor to comply with these instructions. These costs may include transportation, packing, marking, and administrative expenses. Any questions concerning these instructions should be directed to the Contracting Officer.
a. Shipping. All shipments made under this contract shall be prepaid by the Contractor and added to the invoice as a separate line item. Contractor shall ship via carrier designated on contract or individual delivery orders.
b. Packing. Contractor shall pack all shipments to ensure safe delivery in standard packaging which meets the requirements of the National Motor Freight/Uniform Freight Classification and is necessary to prevent deterioration of contents and damages due to the hazards of shipping, handling, and storage.
1. Delivery: bundled in 50s and in number sequence, wrapped to avoid bending, flipping corners, and any other obstruction. Request a delivery spreadsheet with number of bundles and quantity of bibs and timing devices. Unused bibs and timing devices will not have to be returned to vendor. Delivery spreadsheet will be used to verify all invoices.
c. Marking. Markings by Contractor shall be clear and easily readable. Non-pertinent markings shall be covered or removed. As a minimum requirement, Contractor shall mark each carton in a shipment with the MR or MCCS contract number and, if applicable, the delivery order number. Instructions for other markings, if required, will be indicated by the ordering activity, or the COR.
d. Documentation
(1) Bill of Lading. Contractor shall complete the bill of lading in accordance with the rules of the National Motor Freight/Uniform Freight Classification.
(2) Packing List. Contractor shall prepare a packing list for each shipment, enclose it in the number one carton, and mark the outside of the carton "Packing List Enclosed." (A detailed copy of the invoice or a copy of the delivery order showing the quantities shipped will suffice as a packing list.) The Contractor shall include the contract number and, if applicable, delivery order number on the packing list.
MCM18-C-2008 Page 11 of 79
E. SECTION E: INSPECTION AND ACCEPTANCE
E.1 INSPECTION OF PRODUCTS AND SERVICES - FIXED PRICE (ACNE 0003)
a. Definitions. "Services", as used in this clause, includes services performed, workmanship, and material furnished or utilized during performance of contract services.
b. The Contractor shall provide and maintain an inspection system, acceptable to MCCS, covering the products and services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to MCCS during contract performance and for not less than three (3) years after completion of contract performance.
c. MCCS has the right to inspect and test all products and services called for by the contract, to the extent practicable at all times and places during the term of the contract. MCCS will perform inspections and tests in a manner that will not unduly delay the work.
d. If MCCS performs inspections or tests on the premises of the
Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, without additional charge, all reasonable facilities and assistance for the safe convenient performance of these duties.
e. If any of the services do not conform to contract requirements, MCCS may require the Contractor to perform the services again in conformity with contract requirements at the Contractor's expense. When the defects in the services cannot be corrected by reperformance, MCCS may
(1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced values of the services performed.
f. If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, MCCS may: (1) by the contract or otherwise, perform the services and charge to the Contractor any cost incurred by MCCS that is directly related to the performance of such service, or (2) terminate the contract for default.
g. MCCS has the right either to reject or to require correction of nonconforming products or services. Products or services are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. MCCS may reject nonconforming products or services with or without disposition instructions.
h. The Contractor shall remove products or services rejected or required to be corrected. However, the Contracting Officer may require or
MCM18-C-2008 Page 12 of 79 permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected products or services without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.
i. If the Contractor fails to promptly remove, replace, or correct rejected products or services that are required to be removed or to be replaced or corrected, MCCS may either (1) by contract or otherwise, remove, replace, or correct the products or services and charge the cost to the Contractor or (2) terminate the contract for default.
E.2 ACCEPTANCE (ACNE 0005)
Acceptance of services and/or deliverables occurs when services and deliverables have been reviewed and approved, in writing, by the Contracting Officer or his authorized representative. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.
MCM18-C-2008 Page 13 of 79
F. SECTION F: DELIVERABLES AND PERFORMANCE
F.1 DELIVERABLES (ACNF 0002 MAR 2014)
Deliverables under this contract, beyond the supplies and/or services described in Section C, shall consist of the following and shall be submitted as required:
a. Timing devices shall be shipped/delivered to bib production company at least two weeks prior to bib production. Address shall be provided by MCMO upon contract award. Bib production company may change during the term of this contract.
F.2 MINIMUM QUALITY (ACNF 0004 MAR 2014)
Services and products provided under this contract will be equal to those provided by first quality commercial operations. Contractor shall ensure the finished products are in accordance with the designs, formulas, recipes, and specifications, which are customary and standard for the type of operation conducted.
F.3 CONTRACTOR AND CONTRACTOR PERSONNEL (ACNF 0006 SEP 2016)
a. Contractor, at his own expense, shall provide a sufficient number of trained and qualified employees for the efficient performance of this contract. Contractor shall provide continued training as trends and procedural changes in Contractor’s operation occur.
b. All Contractor employees used in the performance of this contract who have customer contact must be able to read, write, and speak English at a fluency level sufficient for efficient performance of the contract.
c. If requested by MCCS, the Contractor shall, at his own expense and on the dates and times determined by MCCS, make its employees available for any applicable training which may be required by Installation and MCCS regulations (not to exceed eight hours per employee per calendar year).
d. Contractor personnel shall give prompt and courteous service to customers, MCCS, and Installation personnel.
e. Contractor personnel shall abide by applicable regulations, and directives, and conduct themselves, so as not to reflect discredit on
MCCS.
f. Contractor shall discontinue the use of any employee for performance of this contract upon written notice from the Contracting Officer that the individual is not (or no longer) acceptable for performance under this contract. Contractor shall not use any such
MCM18-C-2008 Page 14 of 79 employee in performance of other MCCS contracts without the prior consent of the Contracting Officer.
g. Contractor shall not employ any individual under this contract who has previously been determined unacceptable for performance under any other MCCS contract or has been separated for cause by MCCS.
h. The Contractor shall provide adequate supervision of his employees to insure complete and satisfactory performance of work in accordance with the terms of the contract.
i. Contractor employees shall wear clean uniforms (if applicable), maintain a high degree of personal cleanliness while on duty aboard the Installation, and conform to sanitary hygienic practices. When uniforms are not required, Contractor personnel shall be authorized to wear attire typical of that worn by personnel employed in the same trade within the local community and as approved by the Contracting Officer. Contractor’s personnel shall wear nametags while on duty. Nametags shall either comply with franchisor standards, or if no such standards exist, shall be approved by the COR. Contractor shall submit artwork/examples of proposed nametags electronically for COR review and approval prior to implementation.
j. Contractor and his employees must meet the health, and security standards prescribed by the contract, and applicable regulations.
F.4 CONTRACTOR’S MANAGEMENT RESPONSIBILITIES (ACNF 0008 Mar 2014)
a. The Contractor is responsible to MCCS for establishing effective management controls to achieve the standards of operation established in MCCS directives, or manuals, and elsewhere in this contract for exercising sound management practices. Failure of the Contractor to establish and maintain such effective controls shall constitute grounds for termination of this contract for default.
b. At no time shall the operation be without responsible management.
The manager or a designated representative shall be available during all hours of operation and accessible for emergencies and unforeseen circumstances outside of normal business hours. Such a person will be completely knowledgeable of the terms and conditions of this contract, and will be delegated full authority by the Contractor to conduct the business as required under the contract. Authority will include, but will not be limited to, purchase of operating supplies, maintenance and repair of equipment, training of employees, maintaining prescribed hours of operation, supervision of Contractor employees, and settlement of customer complaints or claims. The Contractor will provide the Contracting Officer, in writing, the name(s) and phone number(s) of those person(s) appointed as manager or representative, in addition to those person(s) who possess access keys to the operation.
MCM18-C-2008 Page 15 of 79
c. Contractor shall provide the Contracting Officer, and keep current, a list of personnel employed by the Contractor in the performance of this contract. A revised list will be promptly submitted to the Contracting Officer when personnel changes take effect.
d. Contractor shall provide a bulletin board which shall be used to post applicable regulations, post evacuation/hose fire plans, and any other notices or information required by federal, state, or local regulations.
F.5 INSTALLATION ACCESS (ACNF 0009 MAR 2004)
Access to U.S. military installations is a privilege that may be granted, denied, or withdrawn by the installation commander or their authorized representatives. Denial or withdrawal may occur as a result of any type of misconduct or incident determined contrary to the best interest of the mission, security of the installation, protection of property, welfare of personnel and/or for any other infraction determined justifiable for denying access. Contractor shall coordinate with Contracting Officer or the COR for installation passes and inspections as follows:
a. After award and prior to performance on any Federal installation, the Contractor shall comply with the local installation’s personal identity verification procedures identified by that installation which implements HSPD-12 policy for a Common Identification Standard for Federal Employees and Contractors.
b. Contractor must follow local installation guidelines and directives concerning identification, access, and security requirements.
These guidelines may vary from one installation to another and it is the Contractor’s responsibility to seek guidance concerning these issues.
c. The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.
F.6 PERFORMANCE (ACNF 0018 APR 2014)
The Contractor shall provide the deliverables and perform the services identified in this contract in a professional manner according to the highest industry standards. Failure of parties to agree on this performance will be a dispute handled under the disputes or claims clause.
MCM18-C-2008 Page 16 of 79
G. SECTION G: CONTRACT ADMINISTRATION DATA
G.1 EFFECTIVE DATE OF CONTRACT AND CONTRACT PERIOD OF PERFORMANCE (ACNG
0001)
a. This contract is effective the date of contract award, as signed by the MR or MCCS contracting officer on the Contract Award Form, for a period of one year with four one-year renewal options unless extended or terminated in accordance with the contract clauses.
b. This contract will be automatically terminated in the event of the discontinuance of the operation of MCCS/MCMO without cost or liability to either party. In all other instances, the provisions covering termination as set forth in Section I shall apply.
G.2 OPTION TO EXTEND THE TERM OF THE CONTRACT (ACNG 0002)
a. MR or MCCS may extend the term of this contract by written unilateral modification issued 30 days prior to the end of the current contract performance period provided that MR or MCCS gave the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract performance period ends. The preliminary notice does not commit MR or MCCS to an extension.
b. If MR or MCCS exercises this option, the extended contract shall be considered to include this option provision.
c. Option to extend services. MR or MCCS may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor.
The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written unilateral modification issued 60 days prior to the end of the contract performance period.
d. The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years and six (6) months.
G.3 APPOINTMENT OF CONTRACTING OFFICER'S REPRESENTATIVE (COR) (ACNG 0004
SEP 2014)
a. The Contracting Officer will appoint a COR, in writing, to perform various duties during the term of the contract.
b. The COR may not change the terms or conditions of this contract, may not interpret it, nor execute or agree to any contract modifications
MCM18-C-2008 Page 17 of 79 thereto. Only the Contracting Officer can authorize modifications to the terms and conditions of this contract, including deviations from specification requirements. In the event that the Contractor does deviate without written approval of the Contracting Officer, such deviation shall be at the Contractor's own risk. Any costs related to the Contractor's unauthorized deviation shall be borne by the Contractor.
c. The Contractor will be provided a copy of the COR appointment letter after contract award.
G.4 INVOICING AND PAYMENT (ACNG 0005)
The contractor's invoice(s) shall reflect prices or fees as outlined in Section B. Refer to Section I of this contract for invoicing instructions. The contractor shall mail proper invoice(s) to the “Submit Invoices To” address listed on the cover page of this contract.
G.5 PRICE REVISIONS (ACNG 0007)
The prices established in this contract shall remain firm for the period of the contract. However, if Contractor offers to industry or government at large any price decreases on the items of equipment, products, or service included in this contract which become effective during the term of the contract, the price decreases will be passed on to MCCS as to any portion of contract performance not completed at time of implementation of price decreases by Contractor to the extent the decreased prices would be lower than the prices in this contract and/or unless the parties hereto mutually agree to a price adjustment in which event the adjustment shall become effective only on the effective date of a written modification to the contract. Any request by the Contractor for adjustment of price(s) must be made in writing to the Contracting Officer, and must provide sufficient factual information and data to substantiate the proposed revision, including a clear and definite identification of existing cost factors which could not be identified at the time of entering into the contract. Any price adjustment under this provision is subject to negotiation, mutual agreement of the parties, and the accomplishment of a finalized written modification to the contract. Contractor has no expressed or implied right to a price adjustment by reason of this clause.
G.6 INSURANCE REQUIREMENTS (ACNG 0012 MAY 2016)
a. The Contractor shall procure and maintain, during the performance of this contract, insurance coverage listed below, with insurance companies acceptable to Marine Corps Community Services (MCCS) and Headquarters Marine Corps, Business and Support Services Division (MR).
Acceptable is defined as a carrier that is A rated by A.M. Best, Inc., or equivalent. All insurance coverage shall name MR, MCCS activities, and the installations as additional insureds.
MCM18-C-2008 Page 18 of 79
b. The Contractor shall provide a Certificate of Insurance to the Contracting Officer. The Certificate of Insurance must show MR, MCCS, and the installation(s) as an additional insured for all coverages, and will carry an endorsement waiving the Contractor’s right to subrogation against MR, MCCS, and the installation(s). The “INSURED” block of the Certificate of Insurance must list both the Contractor’s name and the MCCS contract number. Such Certificates of Insurance shall evidence that the below listed insurance is in effect, and that not less than thirty (30) days prior written notice shall be provided to the Contracting Officer in the event of modification, cancellation or non-renewal of any such insurance coverage.
c. Comprehensive General Liability Insurance. Contractor shall maintain the following types and minimum amounts of insurance:
$1,000,000 Per Occurrence / $2,000,000 Total Policy Aggregate $1,000,000 Personal Injury/Advertising Injury $2,000,000 Products and Completed Operations Aggregate
d. Workers’ Compensation and Employer’s Liability Insurance. The Contractor shall carry a workers’ compensation and employer’s liability policy which provides statutory benefits covering all their employees in those states where they are located and working at MCCS facilities, or in support of MCCS. Contractor shall maintain the following types and minimum amounts of insurance:
$1,000,000 per employee / per claim / per occurrence $1,000,000 per claim / per occurrence for occupational illness or disease
e. Automobile Bodily Injury and Property Damage Liability Insurance.
The Contractor shall maintain business auto insurance covering all owned, non-owned, and leased vehicles with a combined single limit of $1,000,000.
f. Property Insurance Coverage. The Contractor shall obtain and maintain Insurance Services Office, Inc. (ISO) Special Form (special causes of loss – commonly known as “all risk”) insurance coverage for all risks including and without limitation, fire, flood, windstorm, earthquake, vandalism, malicious mischief, and extended coverage, that insures all locations, fixtures, and other property leased, licensed, occupied or otherwise authorized for use by MCCS to the Contractor pursuant to this contract, and the Contractor's owned or leased equipment, fixed assets, supplies, and inventory for the full replacement value thereof, without deduction for depreciation. The form of the policy shall not require any co-insurance payment on the part of MCCS. The Contractor agrees to waive subrogation against MR, MCCS, and the installation(s).
G.7 CHANGES TO CONTRACTOR’S DESIGNATED PERSONNEL (ACNG 0006)
The Contractor has designated personnel to perform specific duties described in Section C of this contract. In the event that Contractor's personnel must be replaced, the Contractor shall coordinate the
MCM18-C-2008 Page 19 of 79 replacement of such personnel with the COR. In all cases, the qualifications of newly designated Contractor's personnel shall, at a minimum, meet the base line experience and qualifications of previously designated personnel listed in the Contractor's proposal.
G.8 USE OF CONTRACT BY OTHER FEDERAL ENTITIES (ACNG 0013 MAY 2016)
a. Federal Statute and Department of Defense (DoD) Procurement Policy encourage DoD Non-appropriated Fund Instrumentalities (NAFIs) to enter into contracts or other agreements with other Federal Government entities, where it is advantageous to do so. It is solely within the discretion of each entity to decide whether or not to participate.
b. This is a Nonappropriated Fund (NAF) Contract.
c. The prices, costs, rates, commissions/fees, terms and conditions and any other contract provision are non-negotiable absent modification, change or amendment by an authorized contracting officer of the NAFI that issued this Contract.
d. Any dispute and/or claim shall be submitted to the NAF contracting office that issued this Contract for any required adjudication. Any issue between an ordering entity (other than the NAFI that issued this Contract) and the Contractor, which cannot be resolved without formal action by the Contracting Officer (e.g., delivery/task order, modification, final decision letter, termination action, etc.) will be referred to the Contracting Officer of the NAFI that issued this Contract for action. Any issue that appears to require formal contract action, and/or that is a potential dispute or claim will be brought to the attention of the Contracting Officer of the NAFI that issued this Contract.
e. The Contractor shall perform the Contract requirements in accordance with this Contract regardless of which entity places an order against this Contract. The terms and conditions of this Contract shall apply to all performance under this Contract, without regard to ordering entity, delivery or performance site, location or facility.
f. If the Contractor cannot fulfill a delivery/task order, regardless of reason, the Contractor shall immediately advise the ordering entity.
Generally, such notice shall be provided within one (1) business day of the date and time the Contractor is aware (or should have been aware) that the order could not be fulfilled.
g. The sites, locations, or facilities identified herein as being required in this Contract are not all inclusive of the number of sites, locations, or facilities that may be added in the future; however, this Contract does not create a right of first refusal and does not require, guarantee, or imply the addition of any sites, locations, or facilities to this Contract. Additional sites, locations, or facilities identified in a delivery/task order that are not listed in the Contract, will be added to
MCM18-C-2008 Page 20 of 79 the Contract by Contract Modification by an authorized Contracting Officer of the NAFI that issued this Contract.
h. No additional quantities are guaranteed or implied as a result of this clause.
i. Other Federal entities authorized to place delivery/task orders against this contract include:
(1) Army and Air Force Exchange Service (AAFES),
(2) U. S. Army Family and MWR Command (FMWRC),
(3) Air Force Nonappropriated Fund Purchasing Office (AFNAFPO),
(4) U. S. Marine Corps Business and Support Services Division (MR) and Marine Corps Community Services (MCCS),
(5) Navy Exchange Command (NEXCOM) and Navy Exchange System (NES),
(6) Commander, Navy Installations Command (CNIC), Fleet and Family Readiness (F&FR)
(7) Coast Guard Exchange System (CGES); and
(8) Other Federal activities not specifically named in this Contract.
j. More favorable prices, costs, rates, commissions, fees, terms and conditions than reflected in this Contract may be offered by the Contractor to the various ordering entities and/or negotiated by the ordering entities based upon economic factors that support such mutually agreed to arrangements, provided that:
(1) any such agreement is made in writing; and
(2) a complete copy of any such agreement is given to the Contracting Officer of the NAFI that issued the Contract, prior to performance.
k. The NAFI that issued this Contract is not responsible or liable for payment related to delivery/task orders issued by another entity. The entity that issues a delivery/task order is solely responsible for payment in accordance with applicable Federal laws. Each delivery/task order issued will include:
(1) Contract number against which order is placed;
(2) Location where delivery/performance will take place and required delivery / performance date(s);
(3) Complete contact information for both the ordering entity and any other point of contact that the Contractor may need to complete the order;
(4) Invoicing and payment instructions and/or procedures for remitting commission/license fee payments to the ordering entity.
l. On a quarterly basis (15 Jan, 15 Apr, 15 Jul, 15 Oct), unless a different reporting requirement is specified elsewhere in this Contract, the Contractor shall provide the Contracting Officer with a written report
MCM18-C-2008 Page 21 of 79 recapping all expenditures by item or service including a total for all entities that have placed orders during the preceding quarter.
G.9 ORDERS PLACED BY AAFES (ACNG 0014 OCT 10)
a. This Contract has a clause authorizing the Army and Air Force
Exchange (AAFES) to make purchases of items and/or services at the agreed upon Contract pricing. AAFES uses the Oracle Advanced Procurement (OAP) Application to issue orders using a ten digit number starting with "73" to distinguish them from other entities.
b. Before AAFES can place an order against this Contract, they will first create a "contract agreement number" in their OAP Application with a number in the following format: 730000####. Any orders placed by AAFES utilizing their OAP Application will reference the MR/MCCS Contract number for clarification purposes. Orders placed against the MR/MCCS Contract will still be issued in accordance with the MR/MCCS Contract's terms and conditions.
c. Your company is invited to register with AAFES to use their
Oracle iSupplier portal free of charge to view orders, review payment status of orders and other information. You may contact the AAFES Help Desk at 1-800-493-6017 or email at CPSupport@aafes.com for more information.
G.10 ORDER OF PRECEDENCE (ACNG 0015-B SEP 2015)
In the event of a conflict among contract documents, the order of precedence shall be in descending order of importance: this contract document consisting of sections A-J, written modifications signed by the contracting officer, delivery orders issued against the contract, any material incorporated by reference.
MCM18-C-2008 Page 22 of 79
H. SECTION H: SPECIAL CONTRACT REQUIREMENTS
H.1 SERVICE CONTRACT LABOR STANDARDS (PREVIOUSLY KNOWN AS SERVICE
CONTRACT ACT) (ACNH 0002 AUG 2015)
a. The Contractor is advised that this procurement is subject to the requirements of:
(1) The Service Contract Labor Standards (SCLS) statute (41 U.S.C.
§6701 et seq.) (formerly the Service Contract Act of 1965). Attention is directed to the obligation of the Contractor under 41 U.S.C. §6707 (c).
Any questions regarding these obligations should be directed to the Department of Labor (DoL).
(2) Executive Order (EO) 13658, as implemented by 29 CFR part 10.
The EO specifies the minimum wage rate to be paid to workers in performance of the Contract. Accordingly, the wage rates in each DoL Wage Determination (WD) listed below apply only if higher than the minimum wage rate required by the EO. Also, the fringe benefits set forth in the listed WD(s) remain applicable to this Contract regardless which wage rate is utilized.
b. After award of the Contract, the Contractor agrees to provide to the Contracting Officer, upon request, a copy of any collective bargaining agreement applicable to employees performing under this Contract.
c. Each contract (and solicitation specification therefor) subject to the SCLS statute is required by 41 U.S.C. §6703(5) to contain a statement of the rates that would be paid by the Federal entity to the various classes of service employees if 5 U.S.C. §5341 or 5 U.S.C. §5332 were applicable.
d. The following required statement is attached for information only and provides the MCCS statement of rates that would be paid:
(1) Statement of wage and fringe benefit rates applicable to Federal Employees pursuant to 5 U.S.C. §5341 or 5 U.S.C. §5332;
(2) Contribution of five point one (5.1) percent of basic hourly rate for health and insurance programs;
(3) Contribution of seven (7) percent of basic hourly rate for retirement;
(4) Ten (10) paid holidays as follows: New Year's Day, Birthday of Martin Luther King, Jr., Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day;
(5) Paid annual leave (vacation) is as follows:
MCM18-C-2008 Page 23 of 79
Years of Service Hours of Annual Leave Per Wk Less than three Two Three but less than fifteen Three Fifteen or more four
(6) Basic hourly rates by classification are as follows:
Employee Class Basic Hourly Rate
SEE SECTION J.1
e. No services under this Contract covered by the SCLS statute may be performed in buildings or surroundings or under working conditions, provided by or under the control or supervision of the Contractor or any subcontractor, which are unsanitary or hazardous or dangerous to the health or safety of service employees engaged to provide the services.
f. The Contractor and subcontractors shall, on the date a service employee begins work on this Contract, deliver to the employee a copy of this clause as provided in this Contract OR; post a notice of the required compensation in a prominent place at the worksite.
g. Each WD listed below establishes the applicable minimum monetary wages and fringe benefits to be provided to Contractor employees performing services under this Contract, unless the minimum wage rate specified by EO 13658 applies.
Location WD# Revision# WD Date State/County
SEE SECTION J.1
(1) Each WD will only be changed, as required, via execution of a contract modification by the Contracting Officer.
(2) Each DoL WD is available electronically and may be found at www.wdol.gov.
(3) If the Contractor is unable to obtain any WD incorporated by reference from the DoL site, the Contractor should request a copy from the Contracting Officer as identified elsewhere in this solicitation or Contract.
(4) Note: To accurately retrieve the referenced WD from the DoL site, it is necessary to retrieve the correct revision as identified in the Contract.
MCM18-C-2008 Page 24 of 79
H.2 NONDISPLACEMENT OF QUALIFIED WORKERS (ACNH 0027 FEB 2014)
a. Consistent with the efficient performance of this contract, the contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those employees (other than managerial and supervisory employees) employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the employees were hired, a right of first refusal of employment under this contract in positions for which employees are qualified. The contractor and its subcontractors shall determine the number of employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor contractor employed in connection with performance of the work. Except as provided in paragraph b. below, there shall be no employment opening under this contract, and the contractor and any subcontractors shall not offer employment under this contract, to any person prior to having complied fully with this obligation. The contractor and its subcontractors shall make an express offer of employment to each employee as provided herein and shall state the time within which the employee must accept such offer, but in no case shall the period within which the employee must accept the offer of employment be less than 10 days.
b. Notwithstanding the obligation under paragraph a. above, the contractor and any subcontractors (1) may employ under this contract any employee who has worked for the contractor or subcontractor for at least 3 months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (2) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Act of 1965, as amended, 41 U.S.C. 357(b), and (3) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor whom the contractor or any of its subcontractors reasonably believes, based on the particular employee's past performance, has failed to perform suitably on the job.
c. The contractor shall, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor contractors or their subcontractors. The Contracting Officer will provide the list to the successor contractor, and the list shall be provided on request to employees or their representatives.
d. If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, appropriate sanctions may be imposed and remedies invoked against the contractor or its subcontractors, as
MCM18-C-2008 Page 25 of 79 provided in Executive Order (No.) 13495, the…
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