Combined_Synopsys_Solicitation W911RX-17-B-0001 FRK_Laundry 20OCT2016.pdf

W911RX-17-B-0001

Document Type: Combine Solicitation Synopsis / Solicitation Solicitation Number: W911RX-17-B-0001 Posted Date: 12 October 2016 Contract will be FFP Requirements Type FOB Destination.

Set Aside: Total Small Business

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-88; (Published May 16, 2016).

The applicable NAICS code is 812332 with a size standard of $38,500,000.00

Period of Performance: Base Period and three (3) 12 month Option Periods:

1 December 2016-30 November 2017 1 December 2017-30 November 2018 1 December 2018-30 November 2019 1 December 2019-30 November 2020

Description:

Contractor shall provide all management, personnel, materials, equipment, and transportation necessary to provide laundry and dry-cleaning services to the Fort Riley Army installation as defined in this Performance Work Statement (PWS) except for those items specified as Government furnished property and services, Fort Riley, Kansas. These services will be requested "as needed" and are not regularly scheduled services.

Your price shall be FOB destination. Inspection and acceptance shall be at destination.

From the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation (DFAR), the following provisions and clauses are applicable to this solicitation. Full text of these provisions and clauses may be found at http://farsite.hill.af.mil/vffara.htm.

You must be registered in the System for Award Management, https://www.sam.gov/index.html/#

1. Your pricing information and capability literature shall be submitted to: Mission and Installation Contracting Command Fort Riley by address listed below no later than 2:00 PM (CST) on 25 October, 2016:

Contracting Office Address:

MICC Riley, Attn: Don Peters 1792 12th Street, Fort Riley, KS 66442

PHONE: 785-239-5204 // FAX: 785-239-1061

donald.w.peters10.civ@mail.mil

Submittals Formats: Electronic submissions via email or fax will not be accepted. Offers shall be mailed through a commercial/Government carrier or hand carried.

Site Visit: No Site visit will be conducted. Specifications:

This requirement is for effective contracting vehicle used to reduce lead-time for LAUNDRY SERVICES that includes, but is not limited to: laundering of Central Issue Facility (CIF/TA-50) Equipment, uniforms (Army Color Guard and Dining Facility Whites), linens (table clothes/bed sheets) and shop towels. Other services include pressing and/or dry cleaning, folding, packaging, pick-up and delivery of specific or miscellaneous laundry. The awarded contractor shall provide an employee(s) at a Government Owned - Contractor Operated facility (BLDG #8321) Mon- Fri 0730-1600 hours to receive, inventory and bag laundry for a minimum required pick-up and drop off daily to and from the Contractor Owned - Contractor Operated (COCO) Laundry facility with a 72 hour turn-around excluding weekends and Federal Holidays. Example: 9:00 am Monday to 9:00 am Thursday

Each Task Order will be individually funded based upon the unit prices provided by the awarded contractor in their bid schedule on a Firm Fixed Price basis. See below for full requirement and pricing on each contract line number

(CLIN).

Non-responsive quotes will not be considered for award.

http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vffara.htm http://www.sam.gov/index.html/ http://www.sam.gov/index.html/ mailto:donald.w.peters10.civ@mail.mil

NOTES TO BID

(Return with Bid)

Company Org. Name: DATE:

DUNS Number: Cage Code:

Tax ID:

(If Applicable) GSA or BPA Number:

Payment Discounts

The contractor may agree to a discount offered to the Government for prompt payment. See 52.212-4 (i) Payment, for discount payment information. Make a selection below if you agree or do not agree.

Yes, contractor agrees to offer the Government a prompt payment discount of % for days, Net 30. This discount will be deducted from total invoice price if payment is made within discount period.

No, contractor does not agree to offer the Government any discounts for prompt payment.

POC:

Phone Number: _

Signature:

Section B - Supplies or Services and Prices (Return with Bid)

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

0001 1 Job $ $

Laundry/Dry Cleaning - Base Period

FFP

Each Task Order will be individually funded based upon the unit prices provided by the awarded contractor in their bid schedule (TE#1) on a Firm Fixed Price basis.

This requirement is for effective contracting vehicle used to reduce lead-time for LAUNDRY SERVICES that includes, but is not limited to: laundering of Central Issue Facility (CIF/TA-50) Equipment, uniforms (Army Color Guard and Dining Facility Whites), linens (table clothes/bed sheets) and shop towels. Other services include pressing and/or dry cleaning, folding, packaging, pick-up and delivery of specific or miscellaneous laundry. The awarded contractor shall provide an employee(s) at a Government Owned – Contractor Operated facility (BLDG #8321) Mon-Fri 0730-1600 hours to receive, inventory and bag laundry for a minimum required pick-up and drop off daily to and from the Contractor Owned – Contractor Operated (COCO) Laundry facility with a 72 hour turn-around excluding weekends and Federal Holidays. Example: 9:00 am Monday to 9:00 am Thursday

FOB: Destination

PURCHASE REQUEST NUMBER: 0010927237

NET AMT $_____________

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Each $ $

CMR Requirement - Base Period

FFP

Contractor will be paid upon submission of report and provision of proof of said submission, in a manner to be determined by the Government. (See PWS paragraph Contract Manpower Reporting)

NET AMT $_____________

1001 1 Job $ $ OPTION Laundry/Dry Cleaning - 1st OY

FFP

Issue Facility (CIF/TA-50) Equipment, uniforms (Army Color Guard and Dining Facility Whites), linens (table clothes/bed sheets) and shop towels. Other services include pressing and/or dry cleaning, folding, packaging, pick-up and delivery of specific or miscellaneous laundry. The awarded contractor shall provide an employee(s) at a Government Owned – Contractor Operated facility (BLDG #8321) Mon-Fri 0730-1600 hours to receive, inventory and bag laundry for a minimum required pick-up and drop off daily to and from the Contractor Owned – Contractor Operated (COCO) Laundry facility with a 72 hour turn-around excluding weekends and Federal Holidays. Example: 9:00 am Monday to 9:00 am Thursday

NET AMT $

1002 1 Each $ $ OPTION CMR Requirement - 1st OY

FFP

Contractor will be paid upon submission of report and provision of proof of said submission, in a manner to be determined by the Government. (See PWS paragraph Contract Manpower Reporting).

2001 1 Job $ $ OPTION Laundry/Dry Cleaning - 2nd OY

FFP

Issue Facility (CIF/TA-50) Equipment, uniforms (Army Color Guard and Dining Facility Whites), linens (table clothes/bed sheets) and shop towels. Other services include pressing and/or dry cleaning, folding, packaging, pick-up and delivery of specific or miscellaneous laundry. The awarded contractor shall provide an employee(s) at a Government Owned – Contractor Operated facility (BLDG #8321) Mon-Fri 0730-1600 hours to receive, inventory and bag laundry for a minimum required pick-up and drop off daily to and from the Contractor Owned – Contractor Operated (COCO) Laundry facility with a 72 hour turn-around excluding weekends and Federal Holidays. Example: 9:00 am Monday to 9:00 am Thursday

ITEM NO

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

1 Each $

AMOUNT

OPTION CMR Requirement - 2nd OY

FFP

Contractor will be paid upon submission of report and provision of proof of said submission, in a manner to be determined by the Government. (See PWS paragraph Contract Manpower Reporting).

3001 1 Job $ $ OPTION Laundry/Dry Cleaning - 3rd OY

FFP

Issue Facility (CIF/TA-50) Equipment, uniforms (Army Color Guard and Dining Facility Whites), linens (table clothes/bed sheets) and shop towels. Other services include pressing and/or dry cleaning, folding, packaging, pick-up and delivery of specific or miscellaneous laundry. The awarded contractor shall provide an employee(s) at a Government Owned – Contractor Operated facility (BLDG #8321) Mon-Fri 0730-1600 hours to receive, inventory and bag laundry for a minimum required pick-up and drop off daily to and from the Contractor Owned – Contractor Operated (COCO) Laundry facility with a 72 hour turn-around excluding weekends and Federal Holidays. Example: 9:00 am Monday to 9:00 am Thursday

ITEM NO

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

AMOUNT

3002 1 Each $ $ OPTION CMR Requirement - 3rd OY

FFP

Contractor will be paid upon submission of report and provision of proof of said submission, in a manner to be determined by the Government. (See PWS paragraph Contract Manpower Reporting).

NET AMT $___________________

3003 1 Each $ $ OPTION CMR Requirement - Final

FFP

Contractor will be paid upon submission of report and provision of proof of said submission, in a manner to be determined by the Government. (See PWS paragraph Contract Manpower Reporting).

TOTAL AMT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

See Attachment # 1 Performance Work Statement (PWS)

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996 252.246-7000 Material Inspection And Receiving Report MAR 2008

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 01-DEC-2016 TO

30-NOV-2017

N/A LOGISTICS READINESS CENTER:

VESTERS WORRELL

BLDG 409 PERSHING COURT

FORT RILEY KS 66442

FOB: Destination

W90JV8

0002 31-OCT-2017 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W90JV8

1001 POP 01-DEC-2017 TO

30-NOV-2018

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W90JV8

1002 31-OCT-2018 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W90JV8

2001 POP 01-DEC-2018 TO

30-NOV-2019

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W90JV8

2002 31-OCT-2019 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W90JV8

3001 POP 01-DEC-2019 TO

30-NOV-2020

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W90JV8

3002 31-OCT-2020 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W90JV8

3003 31-DEC-2020 1 (SAME AS PREVIOUS LOCATION)

W90JV8

52.242-17 Government Delay of Work APR 1984

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Invoice s 2-1 (Services)

(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Destination/Government

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF

Pay Official DODAAC: See Block 18a: CODE HQ0490 Issue By DODAAC: See Block 9: CODE W90JV8 Admin DODAAC: See Block 16: CODE W90JV8 Ship To Code: See Block 15: CODE W90JV8

(4) ) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

“Not Applicable”

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

“Not Applicable”

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-

5988. (End of clause)

Section G - Contract Administration Data

CONTRACT ADMINISTRATION

Contract administration will be performed by the Mission Installation Contracting Command (MICC), Fort Riley, KS. The following individuals will be the Government points of contact during the performance period.

Information copies of appointment letters will be furnished to the Contractor, as required in paragraphs b and c below.

a. Contracting Officer (KO): The KO is responsible for administration of this contract and is solely authorized to take action on behalf of the Government which may result in changes to the terms of this contract, including deviation from Section C and Delivery Schedules.

b. Contracting Officer's Representative (COR): The KO will designate an individual to act as the COR under this contract. Such appointment will be made by letter from the KO. The COR does not have authority to act on behalf of the KO beyond his specific written delegation of authority and cannot change contract requirements.

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

(End of clause)

5152.233-9000 Army Contracting Agency Executive Level Agency Protest Program. (APR 2004)

(a) This contract is eligible for the HQ, Army Contracting Agency (ACA) Executive-Level Agency Protest (ELAP) program, as an alternative to the usual provisions applicable for Agency protests under FAR 33.103. An ELAP is a "PROTEST TO THE AGENCY," within the meaning of FAR 33.103. The ELAP is intended to encourage interested parties to seek resolution of their concerns within ACA, rather than filing a protest with the General Accounting Office (GAO) or other external forum. After an interested party files an ELAP protest on an ACA procurement to HQ, ACA and while that protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If a protest is filed with an external forum on the same solicitation as the ACA ELAP protest, the ACA, ELAP protest will be dismissed. A party wishing to file an agency protest may either file a normal agency protest where the resolution is made at the contracting officer’s level; or, in the alternative, file an ELAP protest, where resolution is made at HQ, ACA.

(b) An interested party may file a written protest to the Agency under the Executive-Level

Agency Protest program for contract solicitations arising and performed within the continental United States. Such Executive-Level Agency protests are limited to objections to any of the following:

(1) ) A solicitation or other request by an agency for offers for a contract for the procurement of property or services.

(2) The cancellation of the solicitation or other request.

(3) An award or proposed award of the contract.

(4) ) A termination or cancellation of an award of the contract, if the written objection contains an allegation that the termination or cancellation is based in whole or in part on improprieties concerning the award of the contract.

(c) Voluntary Automatic Stay. This clause describes the circumstances under which the ACA voluntarily agrees to stay performance of a contract in consideration of a decision by an interested party to file an Army Contracting Agency (ACA) Executive Level Agency Protest (ELAP), as permitted by FAR 33.103(f)(4).

(1) In a standard post-award agency protest, the agency must not proceed with contract performance, pending resolution of the protest. This is known as an “automatic stay” and it mirrors the stay required under a timely post-award protest to the General Accounting Office (GAO) under 31 U.S. Code 3553(c) and FAR 33.104(c) (a “Competition in Contracting Act (CICA) Stay”). However, if the agency determines that performance must proceed, based upon the criteria set forth in FAR 33.103(f)(1), the automatic stay may be overridden. This is known as an automatic stay “override.”

(2) The CICA stay applies only if the GAO protest is filed within 10 days from notice of award, or within 5 days of a required debriefing. A firm may file an agency protest and, if it is dissatisfied with the agency’s protest decision, may wish to file a follow-on GAO protest. Under normal circumstances, a protester that goes to the GAO after receiving an adverse agency decision will find that the GAO may take jurisdiction and actually render a recommendation, but that the CICA Stay no longer applies.

(3) The ACA voluntarily agrees to stay performance of a contract when an interested party files a timely protest under the ELAP Program. Should the interested party disagree with the ACA's resolution of an ELAP protest, it may utilize another protest forum without prejudice. The ELAP Voluntary Automatic Stay extends the protester’s right to preserve the status quo pending resolution of all protests with respect to a particular contract action. In return for the protester’s initially filing its protest as an ELAP instead of with the GAO, the contracting officer agrees that, if the protester ultimately disagrees with the ELAP decision and files a GAO protest, the agency will agree not to proceed with performance just as it would have done if the protester had filed its protest with the GAO right from the start. This means that in an ELAP protest, the agency may override the stay under the same standards and circumstances as would have applied if the protest had originally been filed with the GAO. Nothing in this clause adversely affects an interested party’s rights to protest a contract action to the GAO, or to seek other relief related to the action.

(d) An Executive-Level Agency protest may be filed with the Contracting Officer designated in paragraph (g) of this clause for resolution of protests, or, with the ACA Chief Counsel at HQ, ACA at, 5109 Leesburg Pike, Suite 302, Falls Church, VA 22041-3201.

(e) For the purpose of filing an ELAP protest, an interested party means an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract. The ACA Chief Counsel is the ELAP Protest Decision Authority.

(f) ) An ELAP protest must include the protester's name, address and telephone number, including fax number; the solicitation or contract number, identity of the contracting activity and the contracting officer's name; a detailed statement of all legal and factual grounds for protest (mere disagreement with the decisions of contracting officers does not constitute grounds for protest), including copies of all relevant documents; a request for a ruling; and, a request for relief. All protests must be signed by an authorized representative of the protester and must state it is an ACA Executive-Level Agency Protest.

(g) Executive-Level Agency Protests, as defined in FAR 33.101, may be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

MICC FORT RILEY, KS

David W. Reynolds Contracting Officer 1792 12th Street, Fort Riley, KS 66442

• Packages by Facsimile should be addressed to:

Headquarters U.S. Army Material Command Office of Command Counsel 4400 Martin Road Room: A6SE040.001 Redstone Arsenal, AL 35895-5000

FAX: (256) 450-8840

Or e-mail: usarmy.redstone.usamc.mbx.protests@mail.mil

• Packages sent by FedEx or UPS, packages should be addressed to:

Headquarters U.S. Army Material Command Office of Command Counsel 4400 Martin Road Room: A6SE040.001 Redstone Arsenal, AL 35895-5000

• HQ AMC Level Protest procedures are found @:

http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp

If Internet access is not available, contact the Contracting Officer or HQ AMC to obtain the HQ AMC Level Protest Procedures.

Section H - Special Contract Requirements

SPECIAL CONTRACT REQIREMENTS

1. EMERGENCY MEDICAL TREATMENT

Emergency medical treatment will be provided by Irwin Army Community Hospital (IACH) Fort Riley in order to prevent undue suffering or loss of life. Emergencies will be treated only during the period of emergency and appropriate action will be taken to discharge or transfer such patients as soon as the emergency period ends. Charges for medical care will be at the prevailing rate and at the Contractor's expense.

NOTE: Use of Cell Phone is authorized to dial 911 for emergency services while on Fort Riley. Use land line or cell phone to dial (785) 239-6767.

2. FIRE PROTECTION AND PREVENTION

mailto:usarmy.redstone.usamc.mbx.protests@mail.mil http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp

The Contractor shall comply with all fire prevention measures prescribed in the installation's Fire Protection Regulations which are in or may be put into effect during the course of performance of work under the contract. Copies of the aforementioned fire regulations are on file in the office of the Contracting Officer or his designated representative. The Contractor shall be liable for loss of Government property attributable to negligent or willful misconduct of the Contractor or its employees, including failure to comply with the fire prevention measures prescribed in the aforementioned regulations. The Contractor or its responsible employees shall be required to make a thorough inspection at the close of operations in each building where work under the terms of the contract has been accomplished to determine that all necessary safeguards relative to probable fire hazards are in effect. The C o n t r a c t o r shall familiarize its employees engaged in work under the contract with the aforementioned fire regulations, location of fire hazards and reporting procedures. The Fire Chief of the installation may be contacted for any additional information or clarification on fire prevention and protection matters.

3. REQUIRED INSURANCE. Reference FAR Clause 52.228-5 entitled, Insurance--Work on a Government Installation.

Before commencing on-site operations, the Contractor shall provide the Contracting Officer evidence (i.e.

Certificate of Liability Insurance) of the following minimum insurance coverage:

a. Statutory worker's compensation and employer's liability insurance (as applicable): $100,000 or as prescribed by The State of Kansas, whichever is greater.

b. General liability - At minimum, bodily injury liability insurance in the amount of $500,000 per occurrence.

c. Automobile liability (comprehensive): At a minimum, $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. Bodily injury liability and property damage liability shall cover the operation of all automobiles, trucks, vehicles and other mobile equipment used in connection with the performance of the contract.

d. Insurance coverage shall be maintained continuously throughout the entire contract performance period, including any exercised options. All subcontracts shall provide the same coverage under the same terms. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request. All policies shall contain an endorsement stating that any cancellation or material change in the coverage adversely affecting the Government's interest shall not be effective unless the i n s u r e r or the Contractor provides written notice of the cancellation or change in coverage to the Contracting Officer at least 30 days prior to the cancellation/change taking affect, signed by the Contractor's insurance carrier.

When the coverage is provided by self-insurance, the Contractor shall not change or decrease the coverage without the Contracting Officer's prior approval in accordance with FAR 28.308(c).

4. COMPLIANCE WITH IMMIGRATION LAWS

The Contractor shall warrant that, in the performance of its obligation under this Agreement, that all goods and/or services to be furnished hereunder will be manufactured and/or furnished by the Contractor and/or its subcontractors in compliance with all applicable Federal, state and local laws, executive orders, rules and regulations. These include, but are not limited to, the immigration laws of the United States. Contractor's employees shall be citizens of the United States, or shall be resident aliens with appropriate permissions and documentation to work in the United States.

The Contractor shall indemnify and hold the Government harmless to the full extent of any loss, damage, or expense incurred by the Government resulting from violation by the Contractor or its lower tier subcontractors of a n y federal, state, or local law or regulation. Delay resulting from violation will not be considered excusable delay as provided for elsewhere in this agreement. Delay resulting from violation shall not relieve the Contractor from t h e i r responsibility to deliver as agreed to. Corrective actions shall not result in additional cost to the Government.

Where correction of goods or services will not satisfy the Government requirement, consideration shall be provided to the Government.

5. POLLUTION PREVENTION ACT CLAUSE, FORT RILEY LOCAL, 15 DECEMBER 2005

Contractors must comply with Public law 101-508, 5 November 1990 (PPA pf 1990) and the Fort Riley, Environmental Management Plan (EMP). Compliance with the PPA and EMP requires the following of Contractors to:

used).

a. Prevent or reduce pollution at the source whenever feasible (i.e., limit quantity and toxicity of material(s)

b. Recycle in an environmentally safe manner, whenever feasible (e.g., filtration and reuse of solvents, recycle antifreeze and oil etc.). Contractors may present a company letter or recycle records to satisfy requirement.

c. Comply with the Fort Riley Environmental Management Plan (EMP) and other site-specific plans regarding recycling of materials and handling of wastes.

d. Coordinate the sampling of wastes generated on Fort Riley by contacting the Hazardous Waste Program Coordinator at least 60 days prior to the anticipated turn-in date to the Defense Reutilization and Marketing Office (DRMO) or transporting the waste off Fort Riley.

e. Ensure proper disposal of wastes generated on Fort Riley that otherwise cannot be reused, recycled, or treated in accordance with applicable laws and regulations.

(i) Long-term contractors, and short-term contractors, generating 550 gallons or less of controlled materials and industrial, universal, or hazardous waste per quarter, must turn in their controlled materials and waste to DRMO according to the guidelines contained in the EMP. Turn-in document numbers can be obtained from the directorate responsible for the contract.

(ii) Short-term contractors, generating more than 550 gallons of controlled and industrial, universal, or hazardous waste per quarter, must arrange for disposal off-site in accordance with applicable laws and regulations.

The Environmental Division, Hazardous Waste Program Coordinator must approve and sign profile sheets, manifests, and land disposal restriction notifications. The Contractor must obtain any special disposal permits.

f. Obtain approval from the Environmental Division's Solid Waste Program Coordinator prior to disposing construction-related waste in Fort Riley's Construction/Demolition Debris C/D Landfill must be disposed as industrial waste.

g. Dispose of Wastes that cannot be reused, recycled, or treated in accordance with all applicable laws and regulations.

6. RELATIONSHIP BETWEEN GOVERNMENT, CONTRACTOR AND CONTRACTOR PERSONNEL

The Government and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services, and the parties recognize and agree that no employer- employee or master servant relationship exists or will exist under the contract between the Government and the Contractor and/or between the Government and the Contractor's personnel. The Contractor personnel shall be responsible, not to the Government, but solely to the Contractor, who, in turn, shall be accountable to the Government. The Government will not exercise any supervision or control over Contractor personnel performing services under this contract. Contractor personnel shall not be placed under the supervision, direction, or evaluation of a Federal Officer, military or civilian, in connection with performance under this contract.

Rules, regulations, directives, and requirements which are issued during the contract term by Department of Army and local Provost Marshal activities under their responsibility for law and order, administration and security on the installation shall be applicable to all Contractor personnel or representatives who enter the installation, or who travel on Government transportation. This requirement shall not be construed or interpreted to establish any degree of Government control which is consistent with the intent of a personal services contract. Contractor personnel or representatives shall be subject to such checks as may be deemed necessary to assure that their presence on the installation does not violate these requirements. No employee will be permitted on the installation when such a c h e c k reveals that his presence would be detrimental to the security of the installation or the accomplishment of work. When directed by the Contracting Officer, the Contractor shall remove any employee from an assignment to perform services under this contract for reasons of misconduct or breaches of security in connection with his or her employment. Removal of an employee does not relieve the Contractor of its responsibility to perform the requirements specified within the contract. In other instances, the Contractor shall take appropriate personnel action as required in the event of employee misconduct in connection with his or her employment.

The services to be performed under this contract shall not require the Contractor or its employees to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees shall act and exercise personal judgment and discretion on behalf of the Contractor.

Contractor and Contractor personnel shall not be considered employees of the Federal Government and shall not be eligible, by virtue of performance under this contract, for payment by the Government of entitlements and benefits accorded federal employees.

8. ALTERNATE DISPUTES RESOLUTION

In furtherance of Federal policy and the Administrative Dispute Resolution Act of 1990 (ADR Act), Public

Law 101-552 and FAR Clause 52.233-1, Subparagraph (d) (2) (1) (B) (2), the Contracting Officer will try to resolve all post award acquisition issues in controversy by mutual agreement of both parties. Interested parties are encouraged to use alternative dispute resolution procedures to the maximum extent practicable, in accordance with the authority and requirements of the ADR Act.

Section I - Contract Clauses

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance JUL 2013 52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.215-23 Limitations on Pass-Through Charges OCT 2009 52.216-24 Limitation Of Government Liability APR 1984 52.216-25 Contract Definitization OCT 2010 52.217-9 Option To Extend The Term Of The Contract MAR 2000 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns OCT 2014 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.227-1 Authorization and Consent DEC 2007 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-4 Federal, State, And Local Taxes (State and Local

Adjustments)

FEB 2013

52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.236-13 Accident Prevention NOV 1991 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Items JUN 2016 52.245-1 Government Property APR 2012 52.246-11 Higher-Level Contract Quality Requirement DEC 2014 52.246-25 Limitation Of Liability--Services FEB 1997 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.251-1 Government Supply Sources APR 2012 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure of Information AUG 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.223-7004 Drug Free Work Force SEP 1988 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Aug 2016)

AUG 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property APR 2012 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal MAR 2015 252.247-7023 Transportation of Supplies by Sea APR 2014

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of Contracting Officer and shall not be binding until so approved.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2016)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(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) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(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: (Contracting Officer check as appropriate.)

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XXX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L.

109-282) (31 U.S.C. 6101 note).

(5) [Reserved]

XXX (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div.

C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L.

111-117, section 743 of Div. C).

XXX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

XXX ( 9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).

(10) [Reserved]

(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

(ii) Alternate I (NOV 2011) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (JAN 2011) of 52.219-4.

(13) [Reserved]

XXX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

(ii) Alternate I (NOV 2011).

(iii) Alternate II (NOV 2011).

(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

XXX (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

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

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

(iv) Alternate III (Oct 2015) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

XXX (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

XXX (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

XXX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XXX (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126).

XXX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XXX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

XXX (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

XXX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

(31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

XXX (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).

(38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (OCT 2015) of 52.223-13.

(39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

XXX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

(43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

(44) 52.223-21, Foams (June, 2016) (E.O. 13693).

XXX (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

(46) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(47) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XXX (48) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

(51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

(52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XXX (54) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).

(55) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

(56) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

(57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(58)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

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

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

XXX (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

XXX (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

XXX (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

(10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items.