SP451010Q4016.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE 17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITON IS

UNRESTRICTED OR

NAICS:

SIZE STANDARD:

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

EMERGING SMALL

BUSINESS

8(A)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

SP451010Q4016 02/05/10

Andrea Tichenor (269) 961-7392 02/22/10 1000EST

SP4510

Defense Reutilization & Marketing Service Attn: Andrea Tichenor (DRMS J-72) 74 N Washington Ave Battle Creek, MI 49037 Email: andrea.tichenor@dla.mil

✔ 100

562111

$11,500.000.00

See Bid Schedule Same as block 9.

SL4701

Defense Finance & Accounting Service Attn: DFAS-CO-TLCO P.O. Box 369016 Columbus, OH 43236-9016

See attached.

✔ 1

SP451010Q4016 Page 2 of 24

CONTINUATION OF 1449…

BID SCHEDULE

CLIN DESCRIPTION ESTIMATED

QUANTITY

UNIT

PRICE

TOTAL

PRICE

0001 Scrap wood transportation & disposal at DRMO Crane and CDC Crane, IN

300,000 lbs

SCRAP WOOD DISPOSAL

1.1 INTRODUTION

The Defense Reutilization & Marketing Service (DRMS) has Scrap Wood consisting of pallets, crates, reels, spools, blocking materials, etc. which requires removal and final disposition. The removal location is listed in clause 1.7. It is preferred the property is recycled vs. land filled.

1.2 SCOPE OF WORK & STATEMENT OF TASKS

The Contractor must perform all operations in a prudent, conscientious, safe and professional manner. At a minimum, contractor’s personnel and equipment shall comply with applicable federal, state, local and installation laws, safety regulations and procedures, and contractor will ensure that its agents, employees, and subcontractors perform in a safe manner. The Contractor shall ensure that all personnel involved in handling, transporting and disposal of scrap wood be trained for the level of expertise required for the proper performance of the task. The Contractor agrees that his personnel and equipment are subject to safety inspections by Government personnel while on Federal property.

1.3 ACRONYMS/DEFINITIONS

Contracting Officer (CO) – The CO at the procuring activity is the individual with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contract Line Item Number (CLIN).

Gross Weight – The overall total weight of material.

Point of Contact (POC).

Recycling/Re-use and Final Disposal/Landfill –

a. For this contract, final disposal/landfill of Scrap Wood means processing at a facility that is appropriately licensed/permitted/registered by local and/or state agencies.

SP451010Q4016 Page 3 of 24

b. Recycling, if chosen by the contractor, is defined in specific clauses of this contract.

However, the contractor may elect to beneficially use, re-use, recycle or reclaim the SCRAP WOOD on this contract. The following also applies for all residue/waste removed under this contract that is beneficially used, re-used, recycled or reclaimed:

(1) The Contractor is required to use applicable state registered transporters for any beneficial use, re-use, recycling, reclaiming or disposal of scrap wood under this contract.

(2) An audit trail must be provided by the facility that will beneficially use, re-use, recycle, reclaim or dispose of the SCRAP WOOD, or any component thereof.

(3) Applicable Certificates of Recycling/disposal provided by the recycling facility should be provided to the Defense Reutilization and Marketing Office (DRMO) coordinating this disposal.

c. Recycling/disposal facilities include any facility that may receive and process SCRAP WOOD removed under this contract. Any residual waste from these activities that are regulated by state or federal shall be disposed of properly at a facility listed in paragraph a. above.

d. It is the Contractor’s responsibility to ensure that waste is recycled or disposed of in accordance with the timeframes specified in Clause 1.15.

1.4 LOADING

DRMO will do all loading at DRMO Crane.

1.5 DOCUMENTATION SUBMITTAL

The contractor shall submit the following documentation for acceptance of services to the designated POC at DRMO Crane:

(1) All shipping papers/bills of lading. Original and one copy.

(2) All certifications of final disposal/landfill and/or certificates of recycling, and/or certificates of destruction signed by a responsible disposal facility official. Original and one copy.

(3) The information required by FAR 52.212-4(g).

Upon receipt of the documentation discussed above, the services will be inspected, including review of the documentation submitted. The Government inspection period shall not exceed twenty (20) days. The POC will sign the invoice accepting the services and send it to the payment office for payment.

If the POC decides not to accept the services, in whole or in part, because of deficiencies in the service of documentation provided by the contractor, the POC will issue the contractor written notification of deficiency within fifteen (15) calendar days after the completion of the inspection period specifying therein all deficiencies present in the documents forwarded.

Upon subsequent correction of the noted deficiencies and acceptance of services, the POC will sign the invoice accepting the services and send it to the payment office for payment.

SP451010Q4016 Page 4 of 24

1.6 INSPECTION OF PROPERTY

Property will be available for inspection or removal between the hours of 8:00 a.m. and 3:00 p.m., Monday through Thursday excluding Federal holidays. Scheduling of an appointment to inspect property with the POC is required. Scheduling of an appointment for removal will be coordinated with the POC. See notification requirement below.

1.7 PROPERTY LOCATION

DRMO Crane

BUILD 2943

300 HWY 361

CRANE, IN 47522

POC: Jay Hasbrook, Telephone: 812-854-3442

1.8 NOTIFICATIONS/PICKUPS

Except as may otherwise be specified herein, the contractor shall notify the POC at least one (1) work day before attempting site visits, identification, preparation or pickup. The contractor shall schedule and transport the SCRAP WOOD after notification that the SCRAP WOOD is ready for pickup. The contractor or contractor’s transporter will coordinate and arrange SCRAP WOOD pickups. The contractor will also provide information and documentation to his transportation agent, authorizing the transporter to pickup the material. The transporter shall provide this information to the pickup point at the time of material pickup and prior to release of the material by the pickup point to the transporter.

1.9 SHIPPING DOCUMENTATION

a. A shipping document must be used while transporting SCRAP WOOD to recycling/disposal facilities. Contractor must comply with all applicable federal, state or local shipping paper requirements.

b. The contractor is required to ensure that SCRAP WOOD offered for transportation is properly described on a shipping paper/bill of lading.

c. The Contractor shall obtain and prepare all bills of lading or other shipping papers for acceptance of scrap wood into a state approved facility. Prior to removal from the site, completed copies of authorized shipping papers shall be furnished to the Defense Reutilization and Marketing Office (DRMO) coordinating the wood disposal. Each pickup shipping paper (i.e., with the Government activity identified as a generator) shall be clearly and distinctly marked with the name of the servicing DRMO in addition to the generators and the contract and task order number, as applicable. If blocks are not provided, this information shall be placed in the upper, right-hand corner of each document.

d. A copy of all shipping papers, signed by the receiving facility, shall be furnished to the Defense Reutilization and Marketing Office whose address appears on the shipping paper within

SP451010Q4016 Page 5 of 24 the timeframes prescribed by applicable state regulations. If the contractor is unable to deliver the scrap wood to the designated or alternate facility on the shipping paper, the cognizant POC will be contacted for disposition instructions.

1.10 SPILL RESPONSIBILITY

The Contractor is solely responsible for any and all spills or leaks during the performance of this contract which occur as a result of or are contributed to by the actions of its agents, employees, of subcontractors. The contractor agrees to clean up such spills or leaks to the satisfaction of the Government in a manner that complies with applicable Federal, state, and local laws and regulations. The clean up shall be at no cost to the Government. The contractor shall report all such spills or leaks, regardless of their quantity, to the contracting officer immediately upon discovery. A written follow-up report shall be submitted to the contracting officer not later than twenty four (24) hours after the initial telephonic report. The written report shall be in narrative form and as a minimum include the following:

(1) Description of item spilled (including identity, quantity, etc.).

(2) Whether amount spilled is EPA/state reportable, and if so, whether it was reported.

(3) Exact time and location of spill including a description of the area involved.

(4) Containment procedures initiated.

(5) Summary of any communications contractor has with press or Government officials other than the contracting officer.

(6) Description of clean-up procedures employed or to be employed at the site including disposal location of spill residue.

1.11 DEPARTMENT OF TRANSPORTATION REQUIREMENTS

The Contractor shall comply with, and ensure that all applicable subcontractors comply with, all requirements of the U.S. Department of Transportation (DOT) Regulations, applicable state and local regulations and requirements, applicable to transportation of the SCRAP WOOD under this contract.

1.12 PERMITS

The contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and/or permits, and for complying with any applicable federal, state, and local laws, codes, and regulations in connection with the performance of the statement of work.

This includes acquiring any required permits or registration necessary to operate on any of the installations listed in this contract or for transporting SCRAP WOOD.

1.13 WEIGHING OF PROPERTY

The empty conveyance will be weighed prior to and after loading. The difference between the weight of the empty conveyance and the loaded conveyance will be the agreed upon weight for payment purposes. An authorized Government representative will witness all weighing. The weight, agreed upon by both the Contractor and the Government representative at the time of

SP451010Q4016 Page 6 of 24 removal, will be the basis for payment to the Contractor. Unsubstantiated charges for subsequent increases in weight, after removal from Government custody, will be the responsibility of the Contractor.

The method used to weigh the conveyance will be whichever is most accurate and agreed upon by the Contractor and the POC.

-Actual weight using Government scales (preferred method).

-Actual weight using commercial scales, if Government scales are not available.

For either actual weight method, the conveyance will be weighed both before and after loading.

For removals where Government scales are not available or operable, the use of commercial scales is authorized. The contractor will arrange for and incur all expenses weighing property at the nearest certified public scale.

The contractor shall not remove an amount exceeding the quantity on the bid schedule without prior notification to and approval of the POC or CO. In no case, may the total amount removed exceed the amount funded on the contract without prior notification to and approval of the CO.

1.14 ESTIMATED QUANTITIES

The quantities listed in the Bid Schedule are estimated net weights. The contractor will be paid based upon actual weight picked up and processed/recycled or disposed of under the task order.

1.15 PERIOD OF PERFORMANCE

The contractor shall begin removal within 15 calendar days after contract award and have completed removal within 45 days after contract award.

SP451010Q4016 Page 7 of 24

CLAUSES

2.0 CLAUSES INCORPORATED BY REFERENCE FAR 52.252-2 (FEB 1998)

This contract incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Also, the full text of a clause may be accessed electronically at one of the following addresses: http://www.dla.mil/j-3/j-336/icps.htm, http://www.arnet.gove/far/ or for DRMS local clauses http://www.drms.dla.mil/drmsp/clauses/drmscls.pdf.

2.1 CENTRAL CONTRACTOR REGISTRATION FAR 52.204-7 (APR 2008)

2.2 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (INCLUDED BY

REFERENCE) FAR 52.212-4 (MAR 2009)

2.3 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS - COMMERCIAL ITEMS FAR 52.212-5 (DEC 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

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

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108- 78).

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

(8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

(19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

(22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

(38) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration

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

(1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

SP451010Q4016 Page 8 of 24

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits

Truck Driver, Heavy 20.72

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

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

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

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

SP451010Q4016 Page 9 of 24

(iii) [Reserved]

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

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

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

(vii) [Reserved]

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

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

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

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

351, et seq.)

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

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

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub.

L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

(d) of FAR clause 52.247-64.

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

2.4 DISPUTES FAR 52.233-1 (JUL2002)

2.5 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION FAR 52.237-2 (APR 1984)

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

2.6 STOP-WORK ORDER FAR 52.242-15 (AUG 1989)

2.7 CHANGES – FIXED PRICE FAR 52.243-1 (AUG 1987)

2.8 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

DFARS 252.203-7002 (JAN 2009)

The Contractor shall inform its employees in writing of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in Subpart 203.9 of the Defense Federal Acquisition Regulation Supplement.

SP451010Q4016 Page 10 of 24

2.9 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF

COMMERCIAL ITEMS, DOD FAR SUPPLEMENT, 252.212-7001 (JUL 2009)

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

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

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

(1) 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181).

2.10 ADMINISTRATIVE COSTS OF REPROCUREMENTAFTER DEFAULT DLAD

52.249-9000 (MAY 1988)

If this contract is terminated in whole or in part for default pursuant to the clause included herein entitled “Default,” and the supplies or services covered by the contract so terminated are repurchased by the Government, the Government will incur administrative costs in such repurchases. The Contractor and the Government expressly agree that, in addition to any excess costs of repurchase, as provided in paragraph (b) of the “Default” clause of the contract, or any other damages resulting from such default, the Contractor shall pay, and the Government shall accept, the sum of $500 as payment in full for the administrative costs of such repurchase. This assessment of damages for administrative costs shall apply for any termination for default following which the Government repurchases the terminated supplies or services, regardless of whether any other damages are incurred and/or assessed.

2.11 INVOICING AND PAYMENT – SERVICES, DRMS 52.232-9R06 (NOV 2006)

a. The contractor shall be paid upon submission of a proper invoice for services performed and accepted. Invoice must be certified by the POC and forwarded to DLA Enterprise Support, ATTN: DES-WRF, Federal Center, 74 North Washington Ave.; Battle Creek, MI 49037, by facsimile to (269) 961-4237, or by e-mail to DES Battle Creek Invoices.

Upon receipt of a proper invoice the Government inspection period shall not exceed twenty (20) calendar days. After receipt processing, DES-WRF will in turn forward the contractor’s invoice to DFAS-Columbus for subsequent payment processing.

If the COR decides not to accept the services, in whole or in part, because of deficiencies in the service or documentation provided by the contractor, then the COR will issue the contractor written notification of the deficiency within fifteen (15) calendar days after the completion of the inspection period specifying therein all deficiencies present in the documents forwarded.

SP451010Q4016 Page 11 of 24

Upon subsequent correction of the noted deficiencies and acceptance of services, the COR shall sign the invoice accepting the services and forward via fax or e-mail as cited above for payment processing.

b. All payments will be made in accordance with the clause entitled PROMPT

PAYMENT, FAR 52.232-25 (OCT 2008).

2.12 ANTICIPATED REGULATORY CHANGES DRMS 52.211-9R02 (JAN 2000)

2.13 DEPARTMENT OF LABOR WAGE DETERMINATION DRMS 52.222-9R01 (DEC

1995)

Wage Determination No.: 2005-2183, Rev 9, dated 01-07-2010.

http://www.wdol.gov/wdol/scafiles/std/05-2183.txt

2.14 SITE VISIT FAR 52.237-1 (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

2.15 CERTIFICATE OF INSURANCE DRMS 52.228-9R01 (DEC 1995)

(a) In accordance with the clause entitled, INSURANCE - WORK ON A GOVERNMENT INSTALLATION, FAR 52.228-5, a certificate of insurance shall be provided to the contracting officer at the address listed in Block #9 of the Standard Form 1449, SOLICITATION/CONTRACT/ ORDER FOR COMMERCIAL ITEMS within ten (10) days from the date of award. The minimum required insurance is as follows:

TYPE MINIMUM DOLLAR AMOUNT

1. General Liability Insurance Bodily Injury $500,000 per occurrence

2. Automobile Liability Insurance $20,000 per occurrence Property Damage $200,000 per person

Bodily Injury $500,000 per occurrence

(b) Worker's Compensation and Employer's Liability: Contractor shall comply with applicable Federal and State statutes.

(c) Before commencing work under this contract, the Contractor shall notify the Contracting Office in writing that the required insurance has been obtained.

2.16 ALTERNATE PROTEST PROCEDURES, DRMS 52.233-9R01 (JAN 1997)

Fill in is: DRMS J-72.

SP451010Q4016 Page 12 of 24

2.17 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION

DRMS 52.233-9R02 (Apr 2000)

If you wish to opt out of this clause check here [ ].

2.18 ACCEPTABLE PERFORMANCE LEVELS (APLs) (DRMS JUL 2008)

Acceptable Performance Levels (APLs) are the minimum performance levels of specific requirements which the contractor must achieve or risk having the Government consider performance unsatisfactory, resulting in monetary consideration from the contractor. While the Specification of an acceptable performance level does not allow the contractor to knowingly provide defective service it recognizes that it may occur unintentionally. As long as performance does not fall below the specified acceptable level, the Government will not deduct for poor performance. If performance falls below the specified performance level, consideration will be taken at the Government’s discretion. Consideration decisions will take into account the impact on the Government as a result of the failure to meet the performance requirement and the number of times the failure has occurred throughout the contract period.

The Government will use a Quality Assurance Surveillance Plan (QASP) to monitor compliance with the contract terms and conditions and identify nonconforming services. The QASP sets forth the method and manner by which the Government intends to conduct surveillance of work under the contract and is subject to unilateral change by the Government without modification to the contract. All work required by the contract is subject to surveillance whether or not specifically included in the plan.

Performance incentives for the contractor shall include, but are not necessarily limited to, favorable impact on option exercise decisions, future awards of the same requirement, and future awards of similar requirements by DRMS as well as other Government and non-Government entities that may review performance of this contract.

DELIVERABLE STANDARD

TIME

FRAME CLAUSE

ACCEPTABLE

PERFORMANCE

LEVEL (APL)

REDUCTION

FOR FAILED

APL

METHOD OF

SURVEILLANC

E

Timely and Complete Removal of Property

Removal of all items under

CLIN 0001

45 days after date of award.

1.15 C omplete removal

of all items within 45 days of award.

1% reduction in contract price per calendar day passed the 45th day.

COR/customer

PROVISIONS

3.0 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FAR 52.252-1

(FEB 1998)

The solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will

SP451010Q4016 Page 13 of 24 make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with it quotation or offer. In lieu of submitting the full text of those provisions, the offer may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be assessed electronically at this/these address(es):

http://www.dla.mil/j-3/j-336/icps.htm

3.1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS FAR 52.212-1 (JUN

2008)

3.2 EVALUATION – COMMERCIAL ITEMS FAR 52.212-2 (JAN 1999)

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government in terms of price.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

3.3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS

FAR 52.212-3 (AUG 2009)

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

(a) Definitions. As used in this provision-- “Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“Forced or indentured child labor” means all work or service—

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

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

“Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Veteran-owned small business concern” means a small business concern—

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(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov .After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it [_] is, [_] is not, a small disadvantaged business concern as defined in

13 CFR 124.1002.

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(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.]. The offeror represents that it [_] is, a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it [_] is, [_] is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows:

(A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Number of Employees Average Annual Gross Revenues 50 or fewer $1 million or less 51-100 $1,000,001-$2 million 101-250 $2,000,001-$3.5 million 251-500 $3,500,001-$5 million 501-750 $5,000,001-$10 million 751-1,000 $10,000,001-$17 million Over 1,000 Over $17 million

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It [_] is, [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control

SP451010Q4016 Page 17 of 24 has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It [_] has, [_] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

(Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any

SP451010Q4016 Page 18 of 24 resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)

(1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and ‘United States’ are defined in the clause of this solicitation entitled “Buy American Act--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products) or Israeli End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as

SP451010Q4016 Page 19 of 24 domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures…