1202NV20Q0008.pdf
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IDAWY ACQUISITION SERVICE CENTER INSTRUCTIONAL COVER SHEET
ISSUING OFFICE:
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
IDAWY ACQUISITION SERVICE CENTER
1405 HOLLIPARK DR.
IDAHO FALLS, ID 83401
FAX (208) 557-5829
SOLICITATION NO. 1202NV20Q0008
OFFERS ARE SOLICITED FOR: JANITORIAL SERVICES FOR THE BLACKROCK RANGER DISTRICT
SET-ASIDE: TOTAL SMALL BUSINESS SET-ASIDE
IMPORTANT – NOTICE TO OFFEROR:
AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE
TO THIS SOLICITATION:
1. SF-1449 Request For Quotation (Complete, date, and sign)
2. Section I – Schedule of Items. (Complete Unit Price and Amount)
3. Experience Questionnaire
4. Representations and Certifications. (Complete the Representations and Certifications electronically via the System for Award Management (SAM) website at https://www.sam.gov)
5. Acknowledgement of Amendment (If Any)
IT IS REQUIRED YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE.
Return to: IDAWY Acquisition Service Center Attn: Amelia Velasco 1405 Hollipark Drive Idaho Falls, ID 83401 Solicitation No. 1202NV20Q0008
IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE SYSTEM FOR AWARD
MANAGEMENT SYSTEM PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSE 52.204-7
SYSTEM FOR AWARD MANAGEMENT FOR DETAILS ON HOW TO APPLY.
IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE SOLICITATION, WHICH SHALL BE ISSUED ELECTRONICALLY THROUGH THE FBO WEBSITE AT HTTP://WWW.FBO.GOV .
https://www.sam.gov/ http://www.fbo.gov/
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
1202NV20Q0008
6. SOLICITATION ISSUE DATE
11/18/2019
7. FOR SOLICITATION
INFORMATION CALL
a. NAME
AMELIA VELASCO
b. TELEPHONE NUMBER (No collect calls)
(208) 557-5848
8. OFFER DUE DATE/LOCAL TIME
12/17/19 1:00 p.m. MST
9. ISSUED BY CODE
10. THIS ACQUISITION IS: UNRESTRICTED or SET ASIDE: 100 % FOR:
IDAWY Acquisition Service Center
1405 Hollipark Drive Idaho Falls, ID 83401
Small Business Women-Owned Small Business (WOSB) Eligible Under the Women-Owned
Hubzone Small Small Business Program NAICS: 561720 Business Economically Disadvantaged Women-
Service-Disabled Owned Small Business (EDWOSB) Size Standard: $16.5 Million Veteran Owned Small Business 8(A)
13a. THIS CONTRACT IS
A RATED ORDER
UNDER DPAS (15 CFR 700)
13b. RATING
11. Delivery for FOB
Destination unless Block is Marked
See Schedule
12. Discount Terms
14. METHOD OF SOLICITATION
RFQ IFB RFP
CODE
16. ADMINISTERED BY CODE
15. DELIVER TO
See Delivery Schedule
Same as Block 9
17a. CONTRACTOR/ CODE
OFFEROR FACILITY
CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO.:_____________________________________
DUNS NO:_____________________ TIN No. ___________________________
U.S. Dept. of Agriculture National Finance Center P.O. Box 60000 New Orleans, LA 70160-0001
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 SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
JANITORIAL SERVICES FOR BLACKROCK DISTRICT,
Blackrock Ranger District, Bridger-Teton National Forest
This requirement is being procured as a fixed-price Simplified Acquisition.
Faxed quotes will not be accepted.
PLEASE PLACE YOUR QUOTE IN SECTION I-
SCHEDULE OF ITEMS
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _____
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
HEREIN.
29. AWARD OF CONTRACT: REF. ___________________ OFFER
DATED _________________. YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES
WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)
30c. DATE SIGNED
31b. NAME OF CONTRACTING OFFICER (TYPE OR
PRINT)
AMELIA VELASCO
31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 5/2011)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ___________________________________________
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT
VERIFIED CORRECT
FOR
36. PAYMENT
COMPLETE PARTIAL FINAL
37. CHECK NUMBER
PARTIAL FINAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERIFYING OFFICER 41c. DATE 42.b. RECEIVED AT (Location)
42.c DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS
Standard Form 1449 (REV. 5/2011) Back
1202NV20Q0008 Janitorial Services for the Blackrock Ranger District Bridger-Teton National Forest
SECTION I--SUPPLIES OR SERVICES AND PRICES
JANITORIAL SERVICES FOR THE BLACKROCK RANGER DISTRICT
BRIDGER-TETON NATIONAL FOREST
TETON COUNTY, WYOMING
This solicitation and any resulting contract is a firm-fixed price type of contract, which under the definition in FAR 16.202-1 “this type of contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss.”
Prices on the Schedule shall reflect Contractor’s full cost for materials, labor, supervision, overhead costs, and incidental items.
I- 1 - Schedule of Items
ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE
1 Janitorial Services – Base Year Jan. 1, 2020 – Dec. 31, 2020
12 Month $________ $__________
2 Janitorial Services – Option Year 1 Jan. 1, 2021 – Dec. 31, 2021
12 Month $________ $__________
3 Janitorial Services – Option Year 2 Jan. 1, 2022 – Dec. 31, 2022
12 Month $________ $__________
4 Janitorial Services – Option Year 3 Jan. 1, 2023 – Dec. 31, 2023
12 Month $________ $__________
5 Janitorial Services – Option Year 4 Jan. 1, 2024 – Dec. 31, 2024
12 Month $________ $__________
TOTAL QUOTE $___________
I- 2 - Quote
Quote on all items. Only quotes to the nearest cent will be accepted.
I- 3 - Option Years
The Government will evaluate offers for award purposes by adding the total price offered for the Base Year (Item 1) and Optional Years (Item 2 through 5) proposed. Evaluation of base and optional years will not obligate the Government to award all the items. For award of optional years, see FAR 52.217-9.
SECTION II - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
II- 1 – Scope of Work The purpose of this contract is to secure janitorial and custodial services for approximately 1,800 square feet of two Forest Service buildings which includes office space, reception area, and hallway. The work consists of cleaning floors, carpets, furniture and fixtures, walls, window blinds, and lights and lighting fixtures, trash removal, and replenishment of designated supplies.
The contractor shall comply with required bio-based and bio-preferred materials requirement included in this project. See FAR 52.223-17.
II- 2 – Location or Delivery Work required in the contract will be at the Blackrock Ranger Station, Bridger-Teton National Forest in Moran, Wyoming. The work site/Moran, Wyoming is located approximately 40 miles north of Jackson, Wyoming on Highway 26/278.
II- 3 – Period of Performance Base Year – The period of performance for the base year of this contract is anticipated to begin on January 1, 2020 – December 31, 2020.
Option Year 1: If the option for year one is exercised, the period of performance is from January 1, 2021 – December 31, 2021.
Option Year 2 – If the option for year two is exercised, the period of performance is from January 1, 2022 – December 31, 2022.
Option Year 3 – If the option for year two is exercised, the period of performance is from January 1, 2023 – December 31, 2023.
Option Year 4 – If the option for year two is exercised, the period of performance is from January 1, 2024 – December 31, 2024.
II- 4 – Government Furnished Property The Forest Service shall provide paper towels for hand towel dispensers, toilet paper, vacuum cleaner, and trash bags (except those items noted in item II-5 Contractor furnished property section). A key for access to the office will be issued to the Contractor. In case of loss of said key, the Contractor will be billed for the changing of all locks to the building. All Government furnished equipment and supplies herein after referred to, as Government furnished property will be located at the Blackrock Ranger Station for pick-up and use by the Contractor on-site.
The Contractor shall be liable for all loss and damage of such delivered Government furnished property until completion and final acceptance of contracted work.
If the Government fails to make timely delivery of such Government-owned property suitable for its intended use and upon written request from the Contractor, the Contracting Officer may make an equitable adjustment of contract delivery performance date or contract price, or both.
II- 5 – Contractor Furnished Property The contractor shall furnish:
1) All necessary supplies and materials including: cleaning supplies, wax, spot remover, soap, deodorant dispensers, and deodorant.
2) All Material Safety Data Sheets (MSDS) for all chemicals used in the cleaning of these buildings.
MSDS’s shall be given to the COR.
3) All necessary cleaning equipment, which must be properly guarded and meet all OSHA standards. Such equipment shall be of the size and type customarily used by the janitorial profession. The vacuum cleaner shall be commercial type and be capable of handling sand and gravel brought in by boots.
Equipment designated for home use will not meet this specification.
II- 6 – Biopreferred Products The Contractor must comply with the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C.
8102; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.
The Contractor shall furnish all labor, transportation, supervision, equipment, materials and supplies (except those listed under Section II-4 - Government Furnished Property) necessary to perform janitorial services and window washing for the USDA Forest Service. The Contractor shall furnish Biobased supplies necessary to perform this contract. Finding BioPreferred products is simple, using the program’s online catalog. To view the catalog, go to www.biopreferred.gov.
II- 7 – Maintenance Problems The Contractor shall notify the Contracting Officer immediately of any building or grounds maintenance problems such as slow or clogged drains, broken pipes, locks or doors that do not close properly, etc.
Notification shall be done by phone and/or written notice depending on the urgency of the problem.
II- 8 - Key Personnel The Contractor shall be required to notify the Contracting Officer’s Representative in writing of all contractor’s personnel working on this contract and any substitution in regular cleaning personnel. If this should occur, substitutes must be responsible, competent adults at or above the age of eighteen (18) years of age. Contractor is responsible for insuring the substitute does his/her work in accordance with the specifications.
The key personnel specified in the Offeror's Technical Proposal are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No diversion shall be made by the Contractor without the written consent of the Contracting Officer: Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.
II- 9 – Supervision, Security, and Qualifications Contractor and his employees shall be capable of performing janitorial work. The Contracting Officer may require dismissal of Contractor employees whom they deem incompetent, insubordinate or otherwise objectionable, or whose continued employment they deem contrary to the public interest.
The Contractor shall provide adequate supervision of crew to prevent employees from disturbing papers on desks, opening drawers or cabinets, or using telephones provided for official Government use. The Contractor or employees shall not bring children or pets to the premises while the work is being performed. A background check of all employees that will be in the building working unsupervised by a Federal employee is required, see applicable FAR clause in Seciton III. Upon request, a social security number shall be provided to the Contracting Officer.
The Contractor must provide security comparable to the type of protection given by commercial or business enterprises to prevent illegal entry into or loitering on the premises; to prevent loss by pilferage or theft; and to admit to the space during off-duty hours only those who are authorized to enter. The use of Government property or services such as telephones, calculators, typewriters, office supplies, etc. for other than official Government business is strictly prohibited.
The Contractor shall provide a list of employees authorized to work under this contract. The list shall be submitted prior to employees working in the facilities.
During completion of janitorial duties, Contractor is responsible for ensuring facility doors, and other means of entrance remain locked to ensure they are unavailable for entry by unauthorized personnel. Contractor shall also verify that all exits are locked upon completion of duties.
All work, supplies and equipment shall conform to the requirements set forth by the Department of Labor, Occupational Safety and Health Administration (OSHA). The Contractor shall take all necessary precautions for the protection of the work and safety of the public.
The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform this contract in such a manner as not to interrupt or interfere with the conduct of Government business.
II-10 - Inspection Requirements The Contractor shall provide quality control inspections to ensure that all janitorial tasks are performed adequately according to the Statement of Work established in accepted offer to this solicitation. Frequent and unannounced inspection will be made by the Contracting Officers Representative (COR) or inspector(s). Work not conforming to specifications will be noted and brought to the attention of the contractor for correction. A Daily Diary of problems and contractor non-compliance will be kept by the COR and a copy forwarded to the Contracting Office for administrative action. COR will notify the payment office monthly of acceptance.
Payments will be at price shown in the schedule, less any authorized deductions. In the event this contract is terminated during the work month, payment will be based on a per day rate, calculated from the unit price per month. All work not meeting contract specifications shall be reworked prior to payment. Monthly payment may be delayed or reduced if work is not completed according to performance objectives.
II-11 – Technical Specifications All services shall be performed in a manner applicable to the professional janitorial trade. Contractor shall be responsible to see that all building lights are turned off, windows are closed, doors locked, and the Forest building or offices are left in a safe and secure condition when janitorial services are completed and Contractor is ready to leave the office. Contractor shall not allow unauthorized personnel in the building while working.
No children are allowed in the office while the Contractor is cleaning.
1. Care shall be used not to disturb paperwork on desk or table areas. Clean all desk and tabletops when left cleared.
2. Change light bulbs and fluorescent tubes as needed. Please check daily or when notified.
3. Stock small supply of paper towels, tissues and toilet paper in designated areas.
4. Inspection shall be performed periodically and accepted by the Contracting Officer’s Representative (COR).
II-12 – Cleaning Schedule
II-12.1 – BASIC WEEKLY CLEANING SERVICES
Trash: All wastebaskets shall be emptied and cleaned; plastic can liners shall be used. Containers shall be placed in areas designated by the Government for regular trash pickup weekly. Trash shall not be stored in buildings or where it will create a fire hazard or other nuisance. Care shall be exercised to keep storage room and janitor’s supply area tidy and clean at all times. All trash and litter removed from the offices shall be placed in the dumpsters located on the compound.
Carpets: Vacuum all carpeted floors to the extent necessary to remove all visible litter and dust.
Remove all stains on carpet and upholstered chairs with stain remover.
Dust Furniture and Fixtures: Dust off tables, desks, (uncovered working surfaces using a duster if necessary), file cabinets, console telephone base, window ledges and all other surfaces which may be reached while standing on the floor. This shall include surfaces seventy inches and less from the floor.
The following furniture shall have objects removed to dust entire surface: front counter top area and display table area. The windows in the foyer and the glass on the doors in the foyer shall be cleaned to remove finger smudges and dust. (THIS EXCLUDES ALL COMPUTER EQUIPMENT – NO
COMPUTER EQUIPMENT SHALL BE DUSTED OR CLEANED BY CONTRACTOR – ONLY
DESK/TABLES THE EQUIPMENT SETS ON SHALL BE DUSTED.)
Restrooms: Sweep and damp mop with disinfectant all toilet floors. Wash and disinfect all toilet fixtures, urinals, water closets, sinks, inside and out with household disinfectant spray. Damp wipe all toilet dispenser, toilet paper, towel, etc. Clean all fixtures, including sink and countertops. Clean all mirrors of spots, marks or smudges; streaks or smudges shall not be left. Clean toilet walls if they show marks, soil, smudges or any stains. Clean marks on or near the light switches. This pertains especially around toilets and sinks. Replenish all toilet supplies, including soap dispensers, leaving a spare roll of toilet paper with each toilet. Install air freshener and refill when empty.
Empty trash and replace bags, replace paper products as needed, clean mirrors, refill hand soap dispensers, clean toilets (bowls, seats, base), wipe down stall walls, wipe window ledges and baseboards, sweep/mop floors, dust walls.
Common Areas: All walls shall be washed of all marks, handprints and spills, taking care not to remove paints.
Drinking Fountain: Clean and disinfect.
Sweeping and Mopping: Sweep and/or mop front foyer.
Office and Public areas: empty individual garbage cans and replace liners, dust surfaces, wipe desk tops, counter tops, drinking fountains, when they are not covered, clean inside windows when necessary, vacuum carpeted floors, mop “fatigue” mats when necessary, restock paper products, dust blinds when necessary, break down boxes in mailroom, take all trash to compound dumpsters
II-12.2 – MONTHLY CLEANING SERVICES
Fixtures: Clean all enclosed lights and light fixtures (including fluorescent lighting) of dust, bugs, etc.
Tiled areas: All tiled surfaces must be cleaned and waxed. Scrub, and wax bathroom floors and foyer floors. Remove wax buildup as necessary.
Bathrooms: wax mop floors.
Office and public areas: clean flies from light covers and surface areas including window sills.
II-12.3 - SEMI-ANNUAL
Windows: All office windows to be cleaned in the spring and in the fall.
II-12.4 - ANNUAL
Windows: wash all exterior windows, interior and exterior, on both buildings.
II-13 – Service Delivery Summary The contractor service requirements are summarized as performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.
PERFORMANCE OBJECTIVE Performance Threshold Basic Cleaning Services. Floors, baseboards, corners and wall edges are free of dirt, dust and debris. Trash is empty. Plastic liners are in good condition. Trash containers are free of odors and visible dirt. Trash is emptied and placed in areas designated by the COR. Carpets are free of dirt, debris, litter and other foreign matter. Dust is not visible. Glass and mirrors have no traces of film, dirt, smudges, or water. Drinking fountains and sinks are disinfected and free of streaks, stains, spots, smudges, scale and other deposits. Uncarpeted areas are free of dirt, debris, litter and other foreign matter.
Not to exceed 5 customer complaints per month.
Random sampling of inspection reports by COR.
Basic Restroom and Utility Room Cleaning Services. Surfaces of sinks, toilet bowls, base of toilet, urinals, lavatories, dispensers, plumbing fixtures, partitions, dispensers, doors, walls, and other such surfaces are clean and disinfected. Surfaces shall be free from streaks, stains, scale, scum, urine deposits, and rust stains. Restrooms are stocked sufficiently.
Not to exceed 5 customer complaints per month.
Random sampling of inspection reports by COR.
Periodic Cleaning Services. Floors have a glossy uniform appearance free of scuffmarks, heel marks, wax build-up, and other stains and discolorations. Enclosed lights and light fixtures are free of dust, bugs, etc.
Not to exceed 5 customer complaints per month.
Random sampling of inspection reports by COR.
Monthly Cleaning Services. Windows are clean and have no traces of film, dirt, smudges or water spots.
Not to exceed 5 customer complaints per month.
Random sampling of inspection reports by COR.
II-14 – Hours of Operation All work under this contract shall be performed at any hours except those between 7:30 am and 6:00 pm, Monday through Friday. Services are to be rendered once weekly. No work shall be required to be performed for the scheduled Federal holidays. Friday’s work may be accomplished any time prior to 7:30 am Monday morning. The Contractor is responsible for cleaning personnel in his/her absence and shall provide the District Office in writing with the name and phone number of the person who will be working in their absence.
II-15 – Locking Facilities During completion of janitorial duties, Contractor is responsible for ensuring facility doors, and other means of entrance remain locked to ensure they are unavailable for entry by unauthorized personnnel. Contractor shall also verify that all exits are locked upon completion of duties.
II-16 - Contract Administration Information For documentation purposes a copy of all correspondence regarding this contract shall be mailed to both the Contracting Officer Representative and the Contracting Officer.
II-17 – Government Quality Assurance Quality assurance will be performed by the Government during the contract at regular intervals. Methods may include visual survey and review of Contractor quality control documents. Deduction for work may include reword at no cost to the Government or Government acceptance with price reduction.
II-18- Payment The Contractor shall provide quality control inspections to ensure that all janitorial tasks are performed adequately according to the Statement of Work established in accepted offer to this solicitation. Frequent and unannounced inspections will be made by the Contracting Officer’s Representative (COR) or inspector(s).
Work not conforming to specifications will be noted and brought to the attention of the contractor for correction. A daily diary of problems and contractor non-compliance will be kept by the COR and a copy forwarded to the Contracting Officer for Administrative Action. COR will notify the payment office monthly of acceptance.
Payments will be made monthly in arrears. Payments will be at a price shown in the schedule, less any authorized deductions. In the event this contract is terminated during the work month, payment will be based on a per day rate, calculated from the unit price per month. All work not meeting contract specification will need to be reworked prior to payment. Monthly payment may be delayed or reduced if work is not completed according to performance objectives.
II-19 - Use of Premises The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform his contract in such a manner as not to interrupt or interfere with the conduct of Government business.
II-20 - Prework Conference Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.
SECTION III - CONTRACT CLAUSES
III- 1 - FAR 52.212-4 Contract Terms and Conditions - Commercial Items (OCT 2018)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g.,use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048610 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063244
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by
EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.-
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
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(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_212_5 https://www.acquisition.gov/content/part-33-protests-disputes-and-appeals#i1080268
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
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(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.
In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.
1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.
431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
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(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
III- 2 - FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)
(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee’s employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.
III- 3 - AGAR 452.204-71 Personal Identity Verification of Contractor Employees (OCT 2007)
(a) The contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 4620-002 series.
(b) Should the results of the PIV process require the exclusion of a contractor’s employee, the contracting officer will notify the contractor in writing.
(c) The contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 series and to maintain a list of employees eligible for a USDA LincPass required for performance of the work.
(d) The responsibility of maintaining a sufficient workforce remains with the contractor. Employees may be barred by the Government from performance of work should they be found ineligible or to have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.
(e) The contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.
(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the Contracting Officer Representative (COR), unless otherwise specified in this contract. The PIV Sponsor will be available to receive contractor identity information from * (hours and days) to * (hours and days) at * (office address for registration). The Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor’s responsibility to meet all aspects of paragraphs (c), (d), and (e).
III- 4 - AGAR 452.209-71 Assurance Regarding Felony Conviction Or Tax Delinquent Status For Corporate Applicants (FEB 2012) Alt I (FEB 2012)
(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No.
112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –
(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and
(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.
(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.
III- 5 - FAR 52.217-9 Option to Extend The Term Of The Contract (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor before contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
III- 6 - FSAR 4G52.222-701 Employment of Eligible Workers (DEC 1999)
Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (8 CFR 274a).
The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and…
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