N0018921R0011 Amendment 0001.pdf

N0018921SERVMART

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to extend the solicitation, revise the addendum to FAR Provision 52.212-1, revise the PWS, update Attachments 2 and 5, and include FAR 52.252-5. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

K 1 38

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 11-Jan-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X N0018921R0011

X 9B. DATED (SEE ITEM 11)

02-Dec-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

11-Jan-2021

CODE

NAVSUP FLC NORFOLK CONTRACTING

NORFOLK OFFICE

ATTN: L ACOSTA

1968 GILBERT STREET STE 600

NORFOLK VA 23511

N00189 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N0018921R0011

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 12-Jan-2021 10:00 AM to 19-Jan-2021 03:00 PM.

The following have been added by full text:

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

(b) The use in this solicitation of any Defense Federal Acquisition Regulations Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

The following have been modified:

ATTACHMENTS

*PLEASE UTILIZE THIS LIST OF ATTACHMENTS*

Attachment 1- Shopping Procedures Attachment 2- Revised Mandatory Items List- 0001 Attachment 3- Prohibited Items List Attachment 4- On-Site Items Attachment 5- Revised Material Price Submission Worksheet- 0001 Attachment 6- Contractor Discrepancy Report Attachment 7- Past Performance Information Form Attachment 8- Past Performance Report Form

PERFORMANCE WORK STATEMENT

In consideration for the contractor providing the supplies and services set forth in the Performance Work Statement (PWS) provided below, Naval Supply Systems Command Fleet Logistics Center Norfolk (NAVSUP FLC Norfolk) will provide the site in which the contractor will operate as listed herein. The Government does not provide funding for the logistics services or any labor associated with operating the store. Satellite operations of the Norfolk Super Servmart are not included and walk-in stores are not authorized at other commands or bases under this contract.

The contractor acknowledges that Norfolk Super Servmart is NOT an exclusive or mandatory source of supply of any items. The United States (U.S.) Navy has the right at any time to establish contracts, concessions, or other commercial arrangements that could create competition, if such is deemed in the best interests of the Navy.

The contractor further acknowledges that any and all risk of loss for any contractor-owned and/or leased materials, inventory, furnishings, fixtures, equipment, and supplies is the sole responsibility of the contractor.

PERFORMANCE WORK STATEMENT

1. BACKGROUND: This effort is a follow-on to contract N00189-18-D-0048.

1.1. The Naval Station Norfolk Super Servmart contractor typically stocks between 7,000 and 9,000 items in the walk-in store (Building W-135). Historically, since October 2018, approximately 87% of purchases have been made using the Government purchase card as method of payment and approximately 13% of purchases are made through delivery orders issued by the FLC Norfolk contracting officer in which the method of payment is electronic funds transfer. These are historical percentages only and may not be indicative of future sales. The following is a breakdown of the item categories and their historical approximate percentage of sales:

Item Category Percentage of Total Annual Sales Tactical 19.48% AbilityOne items 17.03% Galley 16.92% Office Supplies/Equipment 15.24% Safety 11.66% Janitorial / Sanitation 7.57% Government sourced items 6.61% Hardware 5.48%

1.2. VOLUME OF SALES: Volume of sales is neither guaranteed nor promised under this contract. A variety of circumstances, including, but not limited to, new or canceled operations, increased or decreased mission tempo, war or actions tantamount to war, activity closure or realignment, and funding increases or decreases could impact the level of activity at the Norfolk Super Servmart. The approximate historical value of sales is as follows:

Fiscal Year Approximate Value of Sales

FY15 $40,056,858.00

FY16 $36,820,846.00

FY17 $35,114,994.00

FY18 $34,811,529.00

FY19 $25,540,053.00

2. SCOPE OF WORK: The contractor shall provide all supplies and commercial retail store services, including inventory and logistics distribution design for the contract period necessary to:

a. Operate a full service walk-in retail store (Norfolk Super Servmart) at Naval Station Norfolk (Building W- 135).

b. Operate a mobile store(s) which shall service U.S. Government activities in Virginia’s Hampton Roads area.

c. Provide a free delivery service (with $50.00 minimum order required) to Virginia’s Hampton Roads area U.S. Government activities. Under no circumstances shall the delivery service be provided outside of Virginia’s Hampton Roads area.

d. Provide ordering via electronic methods for authorized customers.

e. Provide a CD of the walk-in store catalog to customers upon request and each time the catalog is updated.

The catalog shall be updated at least monthly. Note: not all customers have internet access to place electronic orders.

2.1. The scope of supplies available under this contract is defined as supplies/equipment in the following commodity lines: office supplies/equipment; non-hazardous janitorial and sanitation supplies; industrial hardware; galley;

safety; and tactical equipment. These commodity lines are further defined in paragraph 3.2.

2.1.2. Items within the catalogs proposed and incorporated at the time of award are determined to be the scope of the contract. Catalogs may be updated and/or refreshed every three months pursuant to FAR clause 52.216-2, Economic Price Adjustment—Standard Supplies and PWS paragraph 3.4.1. Updated/refreshed catalogs will be incorporated by a modification to the contract. Items in addition to those proposed in the contractor’s original catalogs incorporated at the time of award may be added for sale provided that they are within the scope of the commodity lines defined in the PWS. Any new items, with the exception of updated versions or models of existing items, must be reviewed by the contracting officer prior to being added to the contractor’s catalogs. Any changes will be incorporated in accordance with the Changes clause of the contract. Only items found in the contractor’s incorporated catalogs, on the AbilityOne Procurement List, or Navy-specific items available only through Government sources of supply including the Defense Logistics Agency (DLA) and General Services Administration (GSA) shall be offered for sale; sales of non-cataloged items are unauthorized.

2.2. The purpose of this contract is to provide all U.S. Naval activities (defined as all U.S. Naval ashore and afloat units in the Virginia Hampton Roads area) with a commercial retail store operator and logistics service integrator providing a full range of quality items, at discount prices, with either customer pickup or delivery in accordance with Paragraph 10.0 DELIVERY SERVICE/SCHEDULE below. The Virginia Hampton Roads area for the purposes of this contract is defined as U.S. Naval activities located within the cities of Norfolk, Portsmouth, Chesapeake, Virginia Beach, Suffolk, Hampton, Newport News, Yorktown and Williamsburg, Virginia. Other U.S.

Government agencies in the Virginia Hampton Roads area are also authorized to utilize the Norfolk Super Servmart walk-in store and mobile store(s).

U.S. Naval activities and other U.S. Government agency personnel from outside the Virginia Hampton Roads area who are visiting on official business in the Virginia Hampton Roads area are authorized to purchase supplies from the Norfolk Super Servmart walk-in store and mobile store(s), and may utilize the Norfolk Super Servmart delivery service for deliveries only to locations in the Virginia Hampton Roads area. In addition, foreign country naval vessels of U.S. partners and/or allies who are visiting the Virginia Hampton Roads area on official business are authorized to purchase supplies from the Super Servmart walk-in store, and may utilize the Norfolk Super Servmart delivery service for deliveries only to locations in the Virginia Hampton Roads area. The contractor shall not accept any special orders from any foreign country naval vessel. The foreign country naval vessels shall utilize their official country purchase or credit card and payment shall be made to the contractor in U.S. currency at the exchange rate on the day the purchase is made. The limitation on delivery service does not apply to deliveries made to visiting ships berthed at any U.S. Naval facility in the Virginia Hampton Roads area. Under no circumstances will the contractor make any deliveries outside of the Virginia Hampton Roads area defined above.

The supplies and equipment offered shall be of the type that is typically carried and offered in standard office, hardware, safety, tactical, and restaurant supply retail stores (see Paragraph 3.2 SUPPLIES/EQUIPMENT, below).

The purpose of this requirement is to provide a variety of supplies and equipment, in a full range of sizes, shapes, colors, etc., which offers the customer a unique service via the walk-in store, the mobile store(s), all with a consolidated delivery service. The primary focus of this contract is outstanding customer service, ease of use, and prompt delivery service, by providing a user-friendly, state-of-the-art full service walk-in store, and a mobile store(s). The contractor must be able to operate as a successful commercial enterprise, yet also be capable of successfully complying with federal acquisitions laws, regulations, and procedures. The contractor must be cooperative and responsive to the direction of the contracting officer and be able to provide full satisfaction to the customers.

By entering into this contract, the U.S. Navy does not acquire, nor is it required to acquire, any item from the contractor. The purchase of supplies and equipment will only be made using the U.S. Government purchase card as method of payment, NAVSUP FLC Norfolk-issued delivery orders, or foreign country official purchase or credit cards. Sales are neither guaranteed nor promised under this contract. Cash sales are not authorized.

2.3 All items provided under this contract shall be in compliance with the following clauses of the solicitation and resultant contract:

o 252.225-7001, Buy American And Balance of Payments Program – Basic (Dec 2017) o 252.225-7002, Qualifying County Sources As Subcontractors (Dec 2017) o 252.225-7006, Acquisition of the American Flag (Aug 2015) o 252.225-7008, Restriction on Acquisition of Specialty Metals (Mar 2013) o 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (Dec 2019) o 252.225-7012, Preference for Certain Domestic Commodities (Dec 2017) o 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (Jun 2005) o 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (Jun 2011) o 252.225-7021, Trade Agreements (Sep 2019) o 252.225-7048, Export-Controlled Items (Jun 2013) o Addendum to DFARS clause 252.225-7021

The Government will perform routine assessments and random checks of inventories throughout the duration of the contract to ensure compliance with the clauses per the contract’s Contract Administration Plan (CAP) and Quality Assurance Surveillance Plan (QASP) incorporated into the contract.

Failure to comply with the requirements of the clauses will be addressed under the Disputes provisions of the contract.

3.0 WALK-IN STORE AND MOBILE STORE(S): The contractor shall provide, in Building W-135 on Naval Station Norfolk, commercial retail store services, including inventory for the walk-in store and mobile store(s). The contractor shall maintain a minimum stock of 4,000 items (including all items on the Mandatory Items Listing, Attachment #2) at the walk-in store. The walk-in store shall provide the customer with the ability to pick up supplies when needed and not wait for the delivery service.

The contractor shall maintain a 97% availability rate for all walk-in store catalog items. For all items on the Mandatory Items Listing (Never Out List), the contractor shall maintain a 100% availability rate. To be considered available, the item shall be located on the sales floor in its respective location, not in a staging area.

The mobile store(s) shall consist of a vehicle(s) suitable for providing a varying selection of supplies under the Office Supplies/Equipment sub-commodity covered by this PWS. The mobile store(s) shall visit U.S. Government activities in the Virginia Hampton Roads area on a rotating basis to be determined by the contractor. The contractor shall publish a monthly schedule of visits for customers. The mobile store(s) shall have signage advertising the Norfolk Super Servmart.

The walk-in store and mobile store(s) shall follow the attached Shopping Procedures (Attachment #1 herein). In addition, the contractor shall screen the identification (ID) badge of every customer entering Norfolk Super Servmart and review his/her paperwork to ensure all comply with the shopping procedures of Attachment #1 herein. If there is a discrepancy with the ID or paperwork, the contractor shall immediately contact the Contracting Officer’s Representative (COR) and/or contracting officer for resolution.

The contractor shall provide authorized customers the ability to place orders via a web-based or online capability.

All U.S. Government activities and foreign country naval vessels of U.S. partners/allies visiting the Virginia Hampton Roads area are authorized to purchase from the Norfolk Super Servmart up to their individual procurement authority. All fleet and shore activities will utilize the Government purchase card as a method of purchase and payment for all orders up to the micro-purchase threshold and method of payment for all orders up to the simplified acquisition threshold. Splitting requirements to remain under this threshold is strictly prohibited.

All purchases made through either a Government purchase card transaction or a NAVSUP FLC Norfolk delivery order are individual delivery orders under this underlying indefinite-delivery, indefinite-quantity (IDIQ) contract.

Some Government purchase cards have a daily as well as monthly limitation. Therefore, it is the contractor's responsibility to validate the U.S. Government purchase card and the foreign government purchase or credit card of the visiting foreign country naval vessel at the time the purchase is made. If the U.S. Government purchase card holder or foreign government purchase or credit card holder has exceeded his/her card limit, and the contractor agrees to allow the customer leave the store with the merchandise, the contractor does so at his/her own risk.

The contractor must reconcile any issues arising from purchase card transactions directly with the card holder making the purchase. NAVSUP FLC Norfolk will only resolve payment issues related to delivery orders issued by NAVSUP FLC Norfolk.

Return and exchange of items is not allowed under NAVSUP FLC Norfolk delivery orders for which payment has been received from the Defense Finance and Accounting Service (DFAS) or other paying organization; only credit memorandums will be issued for items returned under paid NAVSUP FLC Norfolk delivery orders. Returns and exchanges may be made for purchases made with the Government purchase card. The contractor shall post signs at the cash registers and the entrances to the walk-in store and the mobile store(s) detailing the established shopping procedures (Attachment #1 herein). Also, the contractor shall, as a quality control initiative, perform an exit validation of purchase card purchases before the customer exits the store.

3.0.1 The following statement shall be printed on all sales receipts:

(a) Contract Number

(b) Delivery Order Number provided by the contracting officer if applicable. If the contracting officer has not provided a delivery order number, the contractor shall assign a unique order number to each transaction. Order numbers shall not be duplicated.

(c) Unit Identification Code (UIC) with activity name and customer address

(d) Date of order/purchase or sales receipt due

(e) Item number, brief description, quantity ordered, unit price, and extended price

(f) Signature line for customer to acknowledge receipt of merchandise

(g) As applicable, all sales of AbilityOne items shall be annotated on the sales receipts with a unique letter(s) or symbol(s) next to the item.

3.1. CATALOGS/QUOTES: The contractor, and each subcontractor, must have published in-store and CD catalogs for disbursal to customers. These catalogs shall be clearly marked as Norfolk Super Servmart catalogs and shall only include items sold in the store or available by special order. No prohibited items (Attachment #3 herein) shall be reflected in these catalogs or any items not within the scope of this contract (see Paragraph 3.2). The contractor must ensure all subcontractors use uniform titling and item descriptions on Norfolk Super Servmart quotations for similar or identical items.

3.2. SUPPLIES/EQUIPMENT: The following list identifies supplies typically carried by commercial industry for purposes of supplying state-of-the-art office, janitorial/sanitation, industrial hardware, safety, tactical and restaurant/galley supplies and equipment. The contractor is not bound to this list and is encouraged to add items to the list based upon its corporate capability and product lines. However, all new items must be reviewed and approved by the contracting officer to ensure compliance with the PWS prior to being added to the walk-in store, mobile store(s), and the walk-in store catalogs. Any order with a single item priced between $3,000.00 and $4,999.99 shall be reviewed and approved by the contracting officer prior to processing. No single item priced at $5,000.00 or greater may be sold under this contract. As a sample, the following is provided:

a. Office Supplies/Equipment: Items include, but are not limited to, copier and facsimile paper, lined tablet paper, envelopes, all standard DOD Forms utilized by the U.S. Government, audiovisual supplies (CDs and DVDs), presentation binders and supplies, and other paper products, various writing instruments, tape, tape dispensers, paper clips, staplers and stapler removers, folders, copier and facsimile toner cartridges, various sizes, shapes and colors of ring binders, various colors, shapes, and grains of report covers and binding systems, bulletin boards, various message and planning boards, various types of record keeping and register books, reference books (e.g., Roget’s Thesaurus, Webster’s Dictionary, as well as a variety of legal/secretary and management handbooks), a variety of calendars and diaries, personal organizers and refills, calculator supplies for various makes and models of devices used by the U.S. Government, writing instruments and erasers, stamps, various types of clips and clamps, a wide range of correction supplies (e.g., correction fluid, multipurpose correction fluids, correction tape, correction film, etc.), various makes, models shapes and colors of desk accessories (e.g., letter trays, desk pads, card files, calendar holders, pencil trays, wastebaskets, memo/envelope/note holders, bookends, pencil cups, telephone/address card files, file folders and jackets, etc.), a variety of colors of removable/reusable indicator tags and assorted printed flags and labels, magnetic and optical media, consumable information technology (IT) supplies for a variety of U.S. Government computers (e.g., diskettes and diskette holders, computer cleaning kits, etc.), a variety of shapes and sizes of packaging and packing supplies (boxes, tape, banding equipment, bubble wrap), and other miscellaneous office supplies. Samples of equipment include adding machines, calculators, clocks, audiocassette recorders, and electric pencil sharpeners. Note: no installation services of any kind are allowed under this contract.

b. Non-hazardous Janitorial and Sanitation Supplies: Items include, but are not limited to, a variety of facial tissues, paper towels, bathroom tissue, numerous cleaning and sanitation solutions, trash cans and liners, various hand soaps and sanitizers, reusable cleaning cloths; miscellaneous cleaning supplies used for sanitation purposes (e.g., dusters, mops, brooms, scrapers, squeegees, buckets, utility pails, etc.); oven and pot/pan cleaners, floor care (wax, stripper, buffers), berthing supplies (blankets, sheets, pillowcases, shower curtains, electric irons, ironing boards, etc.). Note: Janitorial/Sanitation supplies sold to afloat units shall be approved for shipboard use.

c. Industrial Hardware: Items include, but are not limited to, numerous sizes of hand tools (hammers, screwdrivers, pliers, wrenches, saws, files, punches, sockets and socket sets), ladders, power tools (circular saws, reciprocating saws, impact drills), zip ties, bungee cords, tie down straps, rain coats, light bulbs, photo luminescent tape, shovels, flashlights, tool chests, numerous sizes of sand paper, ropes, tool pouches, tool bags, numerous types of security devices (i.e. padlocks, sold individually and in sets). Damage control items (firefighting suits, boots, y-gates, nozzles, fire hoses, drain plates, spanner wrenches, dog wrenches, anti-flash hoods, and anti-flash gloves), various size batteries (9V, 6V, 1.3V, C and D cell, AA, AAA, and magnesium).

Electrical supplies (e.g., extension cords, cord covers, outlet power strips with AC adapter, commercial grade, portable fans and heaters, light bulbs, flood lanterns, junction boxes, electrical tie straps, male/female plugs, connectors, fuses, solder guns, valves, contact burnisher, etc.). Note: electrical items sold to afloat units shall be approved for shipboard use.

Military medals – These are a controlled item and shall be kept in a locked cabinet and only sold to those activities authorized to purchase them. Note: the COR will provide the contractor a list of those U.S. Naval activities authorized to purchase military medals. The contractor shall not sell military medals to any customer not on the list.

Miscellaneous painting supplies (paint brushes, rollers, tape, plastic sheeting, scrapers, chipping gun). Under no circumstances shall paint or solvents be sold under this contract.

d. Galley: Items include, but are not limited to, pots, pans, strainers, thermometers, cutlery, cutting boards, flatware, commercial grade microwaves and coffee pots, plastic wrap, aluminum foil, plastic and ceramic cups, plates, bowls and glasses, aprons, galley clothing, various dispensers (salt and pepper, mustard, ketchup, sugar), and serving trays.

e. Safety: Items include, but are not limited to, hard hats, safety glasses, hazard signage, ear plugs, reflective vest and belts, latex gloves, first aid kits (no medicine), traffic cones, flashlights, fluke meters, dragger tubes.

f. Tactical Equipment: Items include, but are not limited to, coveralls, boots, flight gear, gloves, knives, targets, surplus notebooks, cases, binoculars, glasses, tactical clothing, carabiners, holsters, nylon cord, Global Positioning Systems (GPS), ballistic helmets.

Clothing: Items include, but are not limited to, Defense Logistics Agency (DLA) organizational clothing, coveralls, flight gear, gloves, etc. The COR will provide the contractor a list of those U.S. Naval activities authorized to purchase flight gear. The contractor shall not sell flight gear to any customer not included on the list. Note: any clothing sold under this contract must be classified as organizational clothing.

The contractor shall maintain a file at the walk-in store and mobile store(s) containing a Material Safety Data Sheet (MSDS) for all items for sale that require a MSDS. The file will be made immediately accessible to emergency personnel in the event of an accident.

The contractor shall only offer National Stock Number (NSN) items that have been approved for local procurement.

The contractor shall utilize the Government-sponsored Federal Logistics Data (FED LOG) CD ROM subscription to verify centrally managed items have been approved for local purchase prior to adding a new item to the in-store or e-commerce catalog. Centrally managed NSN items approved for local purchase will be annotated in FED LOG under the Acquisition Advice Codes (AAC) of I and L.

The contractor shall not sell any items listed on the Prohibited Items Listing (Attachment #3). The contracting officer has the sole authority to add or delete items from the Prohibited Items Listing without any negotiation with the contractor. A determination by the contracting officer to prohibit, exclude, or ban any item or product is absolute. The contractor shall not be entitled to any contractual remedy based upon the rejection or exclusion of any item or product. The contracting officer may request the removal of any subcontractor from Norfolk Super Servmart that provides quotations for or sells prohibited items. Adherence to this requirement is mandatory and noncompliance will be reported on past performance evaluations.

Even if an item is not specifically listed on the Prohibited Items Listing, the contractor shall not sell any item that is not within the scope of this contract. Items must fit within the listed commodity areas identified in paragraph 3.2 above. The contractor shall contact the contracting officer for a determination if uncertainties arise as to whether an item is considered within scope.

3.2.1. MANDATORY ITEMS LISTING (Attachment #2). All items on this list must maintain a 100% availability rate. The Government does not require a particular brand name for the items listed on Attachment #2. For any items that do not have a National Stock Number or manufacturer’s part number listed in Attachment #2, items provided must meet the minimum salient characteristics shown in the description. For any items for which a National Stock Number or manufacturer's part number is provided, items provided may be brand name or equal and must be in compliance with the country of origin requirements of the contract. The contractor may suggest changes to this list based on sales (see paragraph 11.0.b), changes in product availability from the source or manufacturer, and changes in an item’s country of origin. Any changes to Attachment #2 will be made by a modification to the contract.

3.3 SPECIAL ORDERS: Special order items are defined as items not currently found on the shelf in the walk-in store or mobile store(s). Any item not carried within the store but found within the published store catalog is considered a special order item. Special order items shall only be items contained in the in-store catalog, the contractor’s e-commerce catalog, or subcontractors’ catalogs. In any case, the contractor shall not sell any item for which it or its subcontractors are not an authorized distributor. Orders received via electronic means (e-mail, fax, e-commerce) shall not be classified as special orders.

Special order items with a lead time in excess of 60 calendar days are not allowed. Exceptions may be made to this lead time, on a case-by-case basis, with prior approval from the contracting officer. All special orders with a single item priced at $3,000.00 or greater shall be reviewed by the contracting officer prior to processing (even if the customer is utilizing a purchase card) to ensure that the special order item(s) is within the scope of the PWS.

If a customer has a shopping list containing walk-in store catalog items and special order items, the customer shall be required to place separate orders for each, utilizing separate requisition numbers.

3.4 PRICING: The contractor shall establish product pricing reflecting the maximum discount practicable. The unit prices incorporated at the time of award, plus the applied discount and/or service charge, form the established and fixed unit prices for each item. AbilityOne products may be offered at the contractor’s cost inclusive of freight/shipping with the minimum service charge practicable. Navy-specific items available only from Government sources of supply, including DLA and GSA, may be offered with the minimum service charge practicable.

If an item is available from more than one incorporated catalog, the contractor shall sell the item at the lower price.

Discount rates and AbilityOne and DLA, GSA, and Government Sources service charge rates proposed in the test market basket per commodity or commercial catalog source will be incorporated into the resultant contract and will remain in effect for the life of the contract. See contract Attachment #5 Total Material Price Worksheet, incorporated upon award. Any changes to the discount and/or service charge rates will be made as described in

FAR clause 52.216-2, Economic Price Adjustment—Standard Supplies and in accordance with PWS paragraph

3.4.1. Changes to discount and/or service charge rates will only be made by a modification to the contract.

3.4.1 ECONOMIC PRICE ADJUSTMENT: An economic price adjustment of the established prices may be made for the items in the contractor’s incorporated catalog(s) every three months. Price adjustments to the established item unit prices are based on increases or decreases in the contractor’s commercial catalog benchmarks, AbilityOne price lists, or Government-sourced item price lists, incorporated at the time of award.

When a product’s unit price is increased or decreased, price changes to the contractor’s catalog will be addressed in accordance with FAR clause 52.216-2, Economic Price Adjustment—Standard Supplies. If no economic price adjustment is warranted, the established unit prices will remain fixed. Price changes will only be made by a modification to the contract.

3.4.2 NOTIFICATION: The contractor shall notify the contracting officer in writing no later than fifteen days prior to the start of each quarterly price change. Start dates of the quarterly price changes are as follows:

TBD at time of award

The contractor shall provide the basis for the price increase or decrease in its written notification, as well as any proposed changes to the discounts and/or Government-source item service charges. The written notification shall include, at a minimum, a consolidated summary or list, provided in a single electronic file, of each item’s current contract unit price, the proposed new unit price, and the discounts and/or service charges applied. The contractor shall provide all documentation supporting the price change for each item, including, but not limited to, updated versions of the incorporated catalogs showing each item’s new price.

4.0. PERFORMANCE SITE

4.1 The Government shall provide the site (and related services) in which the contractor will operate the store at no cost:

a. The Navy’s Norfolk Super Servmart Building on Naval Station Norfolk, which occupies approximately 52,000 square feet of Building W-135. Currently, Norfolk Super Servmart is comprised of approximately 2,000 square feet of office space, 25,000 square feet of sales floor area and 25,000 square feet of bulk storage warehouse area.

b. Utilities: heat, electricity, water, sewage removal, and pest control services.

c. Garbage collection services to include: 1 dumpster for paper/plastics, 1 dumpster for metal (such as metal banding), and 1 dumpster for cardboard. Dumpsters for construction-type materials will not be provided.

d. Communications: 1 local phone/phone line with Defense Switched Network (DSN) capability (no long distance capability).

e. Air-conditioned office spaces.

f. NAVSUP FLC Norfolk will sponsor the contractor’s access to the FED LOG database. The contracting officer will provide the contractor a copy of the contract for the contractor to apply for access to FED LOG.

However, the contractor is responsible for the cost of the FED LOG subscription service. Access to the NAVSUP FLC Norfolk Local Area Network (LAN) will not be provided.

g. The Government shall provide all Class 2 maintenance to the facilities. Class 2 maintenance is defined as structural maintenance, i.e., windows, doors, roof, walls, plumbing fixtures, lighting fixtures (to include ballasts/starters, but not light bulbs) to the facility as it exists at the time of contract start, i.e., if lighting, heating, etc. have not been in operating condition for some time (some areas have not been operational for several years), the Government will not provide maintenance. In addition, Class 2 maintenance does not include window air conditioning units. The Government shall be responsible for repairs to the ice machine, but the contractor shall be responsible for providing and replacing the filters.

h. In those situations where the walk-in retail store shares a building with other tenants, the Norfolk Super Servmart area will be separated from the other U.S. Navy areas by doors, walls, or caging materials.

i. FAR Clause 52.251-1, Government Supply Sources, will be incorporated in the resultant contract which will allow the contractor to order supplies from GSA, DLA, UNICOR, and other Government sources. NAVSUP FLC Norfolk will apply for a Department of Defense Activity Address Code (DODAAC) for the contractor to be able to order from Government sources if the contractor does not already have a DODAAC.

j. The items identified in Attachment #4, On-Site Items, are provided for the contractor’s use at no cost to the contractor for the duration of this contract. These items will be inventoried by the contractor and COR and are provided in “as is” condition. If the contractor determines not to utilize these items, it will notify the COR and the items will be removed from the contract by modification.

k. The COR will serve as NAVSUP FLC Norfolk trusted agent for employees of the prime contractor only and for Virginia Industries of the Blind employees in order to facilitate obtaining identification badges and vehicle decals for contractor employees who are working in the walk-in store and mobile store(s) a minimum of three days per week. NAVSUP FLC Norfolk will not serve as the trusted agent for any subcontractors.

l. The Government will recharge the fire extinguishers. However, the contractor is responsible for performing the monthly fire extinguisher inspection.

m. The Government will provide bulk storage racking/shelving (located in the bulk storage area of the building). Note: Sales floor racking/shelving will be provided by the contractor. The existing sales floor racking/shelving is the property of the incumbent contractor.

The Government makes no warranty, express or implied, regarding the condition or fitness for use of the facility.

To the extent practical, the contractor shall be allowed to inspect the facility to be furnished by the Government.

4.2. The Government will provide the following government furnished services to the contractor on a reimbursable basis:

a. The Government will provide emergency ambulance transport of contractor employees who require such transport because of an accident or illness that occurs while on a Government installation. The contractor employee will be transported to the nearest medical facility capable of caring for the condition. The contractor shall be responsible for reimbursing the Government for the cost of all services provided, including ambulance transfer and any treatment performed by Government personnel. Emergency medical care will be rendered on a reimbursement basis at the rates established in NAVMEDCOMINST 6320.3(series). Any reimbursement will be made to the Treasurer of the United States upon receipt of statement.

5.0. CONTRACTOR RESPONSIBILITIES

a. The contractor shall provide commercial retail store operation and integrated logistics support services to include the necessary management, personnel, furnishings, fixtures, equipment, and supplies to operate the Norfolk Super Servmart walk-in store (Building W-135, Naval Station Norfolk) and mobile store(s). Supplies and equipment required to perform under this contract may include shelving, display cases, cash registers, point of sale system, material handling equipment (MHE) and battery charging stations, if MHE is battery driven. Note: At Building W-135, Naval Station Norfolk, all battery charging stations that require hard wiring into the building's electrical system will require the Navy Public Works Center (PWC) to complete the wiring.

b. The contractor shall provide both standard commercial pallets and “winged” pallets. “Winged” pallets shall be utilized for all ship deliveries. The pallets shall be marked as being nematode-treated. The contractor is responsible for disposal of its pallets.

c. The contractor shall provide life cycle maintenance of all on-site items for the duration of the contract.

This includes such items as changing the water in the portable eyewash station, the filters in the ice machine, and light bulbs (for Building W-135, Naval Station Norfolk, the bulbs are sodium vapor and metal halide). Normal wear and deterioration of the equipment will not be considered the responsibility of the contractor.

d. The contractor shall perform interior maintenance, including trash removal to the provided dumpsters, janitorial services, and maintenance of the parking lot (which includes trash pick-up and sweeping around the buildings).

e. The contractor shall indemnify the Government and hold it harmless against claims for injury to persons or damage to property to the contractor or others arising from the contractor's possession or use of the facility. The contractor is responsible for any damages to the building and shall take immediate actions to secure the building.

The contractor shall immediately verbally notify the COR of any damages to the building and submit a follow-up written report to the COR within one business day of the damage.

f. The contractor shall comply with all applicable federal, state, U.S. Navy, and NAVSUP FLC Norfolk regulations/instructions regarding workplace safety, security, etc. The contractor shall immediately notify the COR of any accidents and shall submit to the COR a follow-up report, in writing, within one business day of the incident.

Any accident to personnel or the facilities or a near miss involving MHE requires that the operator be suspended until requalified. The facility is subject to routine Government inspections without notification; therefore, the work areas of the contractor shall be subject to routine Government inspections, without notification. A report of violations found during inspections will be provided in writing to the contractor, who shall provide written details of corrective action taken to the COR within ten (10) business days after receipt of the fire, safety, and environmental violations. The contractor is responsible for performing monthly fire extinguisher inspections (entails viewing the charge dial on the fire extinguisher and annotating a card hanging on the fire extinguisher). The contractor shall contact the base police directly in incidents of theft and the base fire department in case of fire. Immediately after contacting the base police or fire department, the contractor shall notify the COR.

g. The contractor shall be solely responsible for locks, keys, and seals used at the facility with the exception of those locks and keys for Government personnel office spaces. Duplicate keys shall be made accessible to the NAVSUP FLC Norfolk Duty Officer for emergency purposes. The contractor shall not change the locks or re-key the Government personnel office spaces. The COR shall be notified one business day in advance of any after-hours carpet cleaning.

h. The contractor shall submit the following within 30 days after the date of contract award:

1. A contingency plan for the facilities to cover operations during periods of loss of electrical power (i.e., a plan of how sales will be accomplished during periods of power outage).

2. A security plan for the facility to cover protection of the site.

3. A listing of contractor qualified MHE operators.

4. A listing of all contractor personnel (including subcontractors).

5. A listing of contractor Alpha (emergency) personnel and phone numbers.

6. A complete drawing of the walk-in store layout and storage areas including location of exits and fire extinguishers.

The contractor shall provide the COR and contracting officer updates to the above plans/listings/drawings, as they occur.

i. Contractor employees and vendors are not authorized to park in spaces reserved for Norfolk Super Servmart customers. The contractor's employees shall utilize the satellite parking lots and bus service, if any, on Naval Station Norfolk. Any contractor employee or vendor vehicle parked in the Norfolk Super Servmart customer spaces is subject to be towed at the owner's expense.

j. The contractor may erect signage on Building W-135 on the Naval Station Norfolk only after approval by the COR, Commander Navy Region Mid-Atlantic (CNRMA), and contracting officer. Signage shall be in accordance with the Base Exterior Architectural Plan (BEAP). The contractor shall submit plans for the proposed signage to the COR for transmittal to the PWC for review.

k. The contractor may make non-structural renovations to the facility at its own expense after approval by parties listed below. All renovations shall meet all local base fire prevention instructions, Occupational Safety and Health Administration (OSHA), and other required standards. The contractor shall submit a written request detailing the proposed renovations to the COR. The COR will contact NAVSUP FLC Norfolk Facilities, Navy PWC, the base fire department, base Safety Office, or other appropriate departments for review and approval of the proposed renovations. Once the COR has received the other department approvals, the request will be forwarded to NAVSUP FLC Norfolk Code 300 for review. NAVSUP FLC Norfolk Code 300 will then notify the contracting officer of his/her concurrence or disapproval and the contracting officer will notify the contractor via the COR.

Under no circumstances shall the contractor commence renovations until the contracting officer has given written approval to proceed. The contractor shall utilize licensed/bonded contractors for the renovations.

Whether the renovations will remain permanent at the end of the contract or the contractor shall be required to return the facility to its condition at the time of the contract start will be at the sole discretion of the Government. The contractor will be notified at least 60 days prior to the expiration of the contract of the Government's decision. The contractor is advised that any and all additions, changes, remodeling, repairs, under this paragraph cannot so significantly change the function, design, or structure of the Government facility as to constitute construction. The contractor assumes the risk of loss in the event that permanent improvements have been made to the NAVSUP FLC Norfolk facility prior to economic recovery of costs of said improvements over the term of this contract. Note: At no time will the contractor utilize extension cords as semi-permanent sources of electrical power.

l. The contractor is responsible for arranging for and paying for any additional telephone lines beyond the one local and DSN Government-provided telephone line at Building W-135, Naval Station Norfolk mentioned above. Note: The building has a maximum number of lines allocated, and the Government will not pay for any increase in the current number of lines coming into the building.

m. The contractor shall provide and set up the walk-in store interior displays, shelving, and racking similar to a commercial retail store, by vendor with small business vendors located at the front of the store. Display racking shall be marked to identify items provided by small businesses as well as AbilityOne items. For the purposes of reporting under this contract, AbilityOne items are considered sales from small business per DFARS 219.703(a).

The contractor shall have at least two competing products occupying equal sales floor space for all commodity groups, except the AbilityOne Commodity. All items shall be identified by a bin label. Bin labels shall be removed at the same time the item is removed from the catalog and stock. The contractor shall install a bin label at the same time a new item is loaded to the shelf. The contractor shall constantly monitor the bins for lost or missing bin labels and replace promptly. Mandatory in-stock items listed in Attachment 2 shall be distinguished from other items by a different color bin label.

n. The contractor shall design a customer service satisfaction survey form/card to be submitted to the COR for approval. A locked drop box, along with these forms/cards shall be provided by the contractor and shall be located in a convenient area at the walk-in store and mobile store. The contractor shall promote the customer service satisfaction survey and actively solicit customer input. The COR will hold the only keys to the boxes and review all forms/cards submitted on a monthly basis. Results of the survey forms/cards will be made available to the contractor at the Third Party Logistics (3PL) meetings (see paragraph 5.0 p below). The contractor shall establish a customer service desk at the walk-in store and ensure the customer service desk is continuously manned during the hours of store operation.

o. The contractor shall be solely responsible for any and all risk of loss for contractor materials, inventory, furnishings, fixtures, equipment, supplies and improvements to the interior of the buildings and equipment.

p. The contractor shall attend all 3PL meetings to be held at NAVSUP FLC Norfolk. Meetings are held semi-annually or at the discretion of the COR and/or contracting officer. The contractor’s on and/or off-site management shall attend 3PL meetings, as appropriate. The contractor shall allow the COR and contracting officer to have access to all Norfolk Super Servmart records during normal working hours. The contractor shall communicate through the chain of command and shall not contact NAVSUP FLC Norfolk management without going through the COR and contracting officer. If the contractor is contacted directly by NAVSUP FLC Norfolk management personnel, the contractor will immediately notify the COR and contracting officer.

q. If a facility emergency or contingency arises during other than normal operating hours, the contractor personnel identified in the Alpha listing shall respond within two (2) hours of notification by the COR. Alpha listing shall be provided to the COR within thirty days of contract award. Revisions shall be provided to the COR within one business day.

r. The contractor shall provide an on-site Store Manager/Program Manager who shall be…