285-18-RFQ-0047_MICMAC_JANITORIAL_SERVICE.docx
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- 285-18-RFQ-0047
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285-18-RFQ-0047 Janitorial Services
| Table of Contents | Page | |
| PART I - THE SCHEDULE | 1 | |
| SECTION A - SOLICITATION/CONTRACT FORM | 1 | |
| SF 33 SOLICITATION, OFFER AND AWARD | 2 | |
| PART I - THE SCHEDULE | 3 | |
| SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS | 3 | |
| SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK | 4 | |
| SECTION D - | 6 | |
| SECTION E - INSPECTION AND ACCEPTANCE | 7 | |
| E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE | 7 | |
| E.2 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996) | 7 | |
| SECTION F - DELIVERIES OR PERFORMANCE | 8 | |
| F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE | 8 | |
| SECTION G - CONTRACT ADMINISTRATION DATA | 10 | |
| SECTION H - SPECIAL CONTRACT REQUIREMENTS | 11 | |
| PART II - CONTRACT CLAUSES | 12 | |
| SECTION I - CONTRACT CLAUSES | 12 | |
| I.1 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 12 | |
| I.2 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984 | 12 | |
| I.3 52.224-2 PRIVACY ACT (APR 1984) | 12 |
I.4 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION
| (JAN 1997) | 13 |
| I.5 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE | 14 |
| I.6 52.232-25 PROMPT PAYMENT (OCT 2003) | 14 |
| I.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 18 |
| PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS | 19 |
| SECTION J - LIST OF ATTACHMENTS | 19 |
| PART IV - REPRESENTATIONS AND INSTRUCTIONS | 20 |
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS 20
K.1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE
| DETERMINATION (APR 1985) | 20 |
| K.2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) | 21 |
K.3 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS
(DEC 2001) 21
K.4 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS
(MAY 2004) 22
K.5 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS
| (FEB 1999) | 23 |
| K.6 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) | 25 |
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS Error! Bookmark not defined.
L.1 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE
ACQUISITION (JAN 2004) 26
L.2 52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER
| INFORMATION WITH OFFER (MAY 1999) | 27 |
| L.3 52.233-2 SERVICE OF PROTEST (SEP 2006) | 30 |
| L.4 52.237-1 SITE VISIT (APR 1984) | 30 |
L.5 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER
| (OCT 2003) | 29 |
| L.6 52.216-1 TYPE OF CONTRACT (APR 1984) | 32 |
L.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY
REFERENCE (FEB 1998) 32
PART I - THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS
The Indian Health Service, Nashville Area office is seeking to acquire Janitorial Services to be provided at the Micmac Service Unit located in the Presque Isle, ME. The Contractor is required to provide cleaning services as described below in the statement of work section as requested by the Point of Contact (POC) Dawn Schillinger, Micmac Service Unit, 8 Northern Road, Presque Isle, ME 04769 .This solicitation is restricted to 100% Small Business concerns. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Regulations (FAR). The associated North American Industry Classification System code is 561720 Janitorial Services and the small business size standard is 500.
| B.2 | PRICE/COSTS |
| A. | Option to Extend the Term of the Contract: |
If the Government exercises its options pursuant to Section I.1, Option to Extend the Term of the Contract, the estimated cost will be increased as follows:
| October 1, 2018 – September 30, 2019 | Base Year | $_______________ | ||
| Option Year | Estimated Cost | |||
| October 1, 2019 – September 30, 2020 | Option Year One | $_______________ | ||
| October 1, 2020 – September 30, 2021 | Option Year Two | $_______________ | ||
| October 1, 2021 – September 30, 2022 | Option Year Three | $_______________ | ||
| October 1, 2023– September 30, 2024 | Option Year Four | $_______________ |
Before any extension of the term goes into effect, the Contractor and the Indian Health Service must bilaterally agree and amend the existing contract to that effect.
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C. 1 Custodial Services, Contractor, SOW:
The purpose of this solicitation is to select a vendor that shall serve as a single reliable source for janitorial services. This service shall be comprehensive and shall include the activities required to clean all clinical and administrative areas at the Micmac Service Unit.
The Micmac Service Unit’s mission is to raise the physical, mental, and spiritual health of the Native American population that lives in the geographic area. The services required will help in that aspect by ensuring that all staff, visitors as well as patients are provided a clean and sanitary facility upon their arrival and that Infection Control standards for patients and employees are maintained.
The contractor will:
· Provide service at Micmac Service Unit – Clinic Building (including all patient clinical areas and staff areas, every day), Dental Facility (as needed), at 8 Northern Road, Presque Isle, Maine 04769.
· Demonstrate knowledge of and experience with maintaining a clinical facility in addition to general administrative areas.
· Ensure that the waiting room, all bathrooms (patient, visitor and employee bathrooms), patient registration area, clean and dirty labs, all 3 patient rooms, staff breakroom, provider’s office, nursing offices, staff kitchen, all hallways, all administrative offices on the first and second floor room, pharmacy room, dental facility (when in use) are cleaned and disinfected according to the daily housekeeping logs/schedule (see attached).
· Ensure that the waiting room, all bathrooms (patient, visitor and employee bathrooms), patient registration area, clean and dirty labs, all 3 patient rooms, staff breakroom, provider’s office, nursing offices, staff kitchen, all hallways, all administrative offices on the first and second floor room, pharmacy room, dental facility (when in use) have trashed emptied and clean trash bags in the trash receptacles and in the recycle bins in each area, every day.
· Ensure that the waiting room, all bathrooms (patient, visitor and employee bathrooms), patient registration area, clean and dirty labs, all 3 patient rooms, staff breakroom, provider’s office, nursing offices, staff kitchen, all hallways, all administrative offices on the first and second floor room, pharmacy room, dental facility (when in use) have all window seals wiped out and dusted, along with any window blinds.
· The contractor shall ensure that the waiting room, all bathrooms (patient, visitor and employee bathrooms), patient registration area, clean and dirty labs, all 3 patient rooms, staff breakroom, provider’s office, nursing offices, staff kitchen, all hallways, all administrative offices on the first and second floor room, pharmacy room, dental facility (when in use) have all chairs, tables, counters, toilets, sinks and furniture wiped down, dusted and sanitized. Bathrooms will be cleaned in a “top down” fashion.
· In the event of staff shortage service unit shall contact the contractor by 7:30 a.m. and the contractor should ensure that someone will be on site by 9 a.m. to complete duties.
· The contractor shall have a cleaning supplies and trash bags supplied by the Micmac Service Unit.
· The contractor will work Monday – Friday 6 a.m. – 11 a.m. For a total of 5 hours a day, or 20 hours per week. The expectation is that the Clinic duties (including exam room, patient waiting areas, front line and nursing areas, and provider’s offices) be completed prior to patients’ arrival. The administrative sections of the building would then be completed. Depending on patient and facility need, there would be room to increase daily hours up to 8 hours for a total of up to 40 weekly hours.
· In the event the Service Unit has a delayed opening due to inclement weather, the contractor will be notified by the Health Director and would be expected to report to the service unit to complete duties when the service unit opens. For example, a delayed start until 10 am. would mean the contractor would provide 5 hours of service beginning at 10 a.m.
SECTION D – PACKAGING AND MARKING
The contractor shall mark all written correspondence related to this solicitation with the following:
Solicitation 285-18-RFQ-0047.
SECTION E - INSPECTION AND ACCEPTANCE
E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.
NUMBER TITLE DATE
E.2 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)
(a) Definitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.
(e) If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by performance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.
(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.
SECTION F - DELIVERIES OR PERFORMANCE
F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.
| NUMBER | TITLE | DATE |
| 52.242-15 | STOP-WORK ORDER | AUG 1989 |
| 52.247-34 | F.O.B. DESTINATION | NOV 1991 |
SECTION G - CONTRACT ADMINISTRATION DATA
G.1. PERIOD OF SERVICE
The period of service will consist of a period extending from: October 1, 2018 through September 30, 2019. This contract may is subject to having optional years attached for continuity of services at the end of the Base term.
G.2. Oversite:
The cleaning service contractor shall report to the health system administrator of the Micmac Service Unit for direction and guidance as required. Currently the point of contact (POC) is Dawn Schillinger.
G.3. BACKGROUND INVESTIGATIONS
Background investigations must be initiated before the contractor can start providing services. An individual investigation will be required for each contractor employee working at this facility under this action and must be cleared prior to the start of work. Waivers may be requested by the service unit / field office for a period not to exceed 30 days.
A completed package of the required forms will be necessary for all contractors and personnel thereof through this contract as determined by the Indian Health Service, Nashville Area Office Human Resources Department.
The successful contractor shall provide a minimum of three references of past service and preferably from a state, local, municipal, or federal government facility.
G.4. FEDERAL, STATE, AND LOCAL TAXES
Contractor understands that the government does not pay any IRS requirements (taxes), insurance or any other benefits for the contractor under this contract. This is in accordance with (FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) and FAR 52.229-4 FEDERAL, STATE, AND LOCAL TAXES (State and Local Adjustments [FEB 2013]). Clauses may be assessed electronically at https://www.acquisition.gov/far/index.html
G.5. CONTACT WITH INDIAN CHILDREN
Individuals providing services which involve regular contact with, Indian children, are subject to a character investigation. IHS Personnel Office will conduct these investigations following the award unless in the judgment of the Contracting Officer, in consultation with the Personnel Officer, investigation may be waived based on prior investigations on file. Until the Contracting Officer has been notified of the result of the investigation, such individuals shall not have unsupervised contact with Indian children.
The contractor must perform in accordance with Section 231 of the Crime Control Act of 1990, P.L. 101-647 and the Indian Child Protection and Family Violence Prevention Act, P.L. 101-630, and failure to comply with these statutes will result in immediate removal.
G.6. OTHER FACTORS
Documents that will have to be filled out by the successful proposal will include the following: finger print card, Agreement to Waiver of Character Investigation for Contractors, Declaration for Federal Employment (OF 306), Questionnaire for Non-Sensitive Positions, Required Background Investigation Information, OF 306 Addendum, and an authorization for release of information are the minimum forms necessary to process.
The contractor will be required to carry any insurances through their company as the contract shall be for commercially available services. Standard insurances shall be available for inspection by the Government (i.e. liability, worker’s comp., and others that may be required for this service).
G. 7. CONTRACT TYPE
The Government contemplates award of a Firm Fixed Price type contract resulting from this solicitation. .
SECTION H - SPECIAL CONTRACT REQUIREMENTS
PART 1 – THE SCHEDULE
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1 DISCLOSURE OF INFORMATION
Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.
In performance of this contract, the contractor assumes responsibility for protection of the confidentiality of Government records and shall ensure that all work performed by its subcontractors shall be under the supervision of the contractor or the contractor's responsible employees.
Each officer or employee of the contractor or any of its subcontractors to whom any Government record may be made available or disclosed shall be notified in writing by the contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 19 U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use of gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both.
H.2. GOVERNMENT PROPERTY
No property to be furnished.
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
I.1 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 within 60 days; 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.
I.2. 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)
The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.
I.3 52.224-2 PRIVACY ACT (APR 1984)
(a) The Contractor agrees to--
(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies--
(i) The systems of records; and
(ii) The design, development, or operation work that the contractor is to perform;
(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the design, development, or operation of a system of records on individuals that is subject to the Act; and
(3) Include this clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.
(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor and any employee of the Contractor is considered to be an employee of the agency.
(c) (1) "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.
(2) "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.
(3) "System of records on individuals," as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.
I.4 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION
(JAN 1997)
(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the schedule or elsewhere in the contract.
(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.
I.5 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
52.252-2 Clauses Incorporated by Reference (FEB 1998).
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these addresses: www.hhs.gov/policies/hhsar/ https://www.acquisition.gov/far/
| Definitions | JAN 2012 | ||||||||
| Covenant Against Contingent Fees | APR 1984 | ||||||||
| 52.203-6 | Restrictions on Subcontractor Sales to the Government | SEP 2006 | |||||||
| 52.203-7 | Anti-Kickback Procedures | MAY 2014 | |||||||
| 52.203-3 | Taxpayer Identifications | OCT 1998 | |||||||
| 52.204.7 | System for Award Management | OCT 2016 | |||||||
| 52.204.9 | Personal Identity Verification of Contractor Personnel | JAN 2011 | |||||||
| 52.209-1 | Qualifications Requirements | FEB 1995 | |||||||
| 52.217-9 | Option to Extend Services | MAR 2000 | |||||||
| 52.219-6 | Notice of Total Small Business Set-Aside | NOV 2011 | |||||||
| 52.219-8 | Utilization of Small Business Concerns | NOV 2016 | |||||||
| 52.222-1 | Notice to the Government on Labor Disputes | FEB 1997 | |||||||
| 52.222-3 | Convict Labor | JUN 2003 | |||||||
| 52.222-21 | Prohibition of Segregated Facilities | APR 2015 | |||||||
| 52.222-26 | Equal Opportunity | SEP 2016 | |||||||
| 52.222-36 | Affirmative Action for Workers with Disabilities | JUL 2014 | |||||||
| 52.222-41 | Service Contract Labor Standards | MAY 2014 | |||||||
| 52.222-50 | Combating Trafficking in Persons | MAR 2015 | |||||||
| 52.223-6 | Drug-Free Workplace | MAY 2001 | |||||||
| 52.224-2 | Privacy Act | APR 1984 | |||||||
| 52.229-3 | Federal, State, and Local Taxes | FEB 2013 | |||||||
| 52.232-1 | Payments | APR 1984 | |||||||
| 52.232-25 | Prompt Payment | JAN 2017 | |||||||
| 52.232-33 | Payment by Electronic Funds Transfer- SAM | JUL 2013 | |||||||
| 52.233-3 | Protest After Award | AUG 1996 | |||||||
| 52.233-4 | Applicable Law for Breach of Contract Claim | OCT 2004 | |||||||
| 52.237-1 | Site Visit | APR 1984 | |||||||
| 52.243-4 | Changes - Fixed Price | JUN 2007 | |||||||
| 52.249-2 | Termination for Convenience of the Government | ||||||||
| (Fixed Price) | APR 2012 |
ADDITIONAL CLAUSES INCORPORATED BY REFERENCE (HHSAR):
| 352.202-1 | Definitions | JAN 2012 | |||
| 352.215-1 | Instructions to offerors - Competitive acquisition | ||||
| 352.223-70 | Safety and Health | JAN 2006 | |||
| 352.224-70 | Confidentiality of Information | JAN 2006 | |||
| 352.270-2 | Indian Preference | APR 1984 | |||
| 352.270-3 | Indian Preference Program | JAN 2006 |
I.6 52.232-25 PROMPT PAYMENT (JAN 2017)
Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer (EFT). Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)
(a) Invoice payments--
(1) Due date.
(i) Except as indicated in paragraphs (a)(2) and (c) of this clause, the due date for making invoice payments by the designated payment office is the later of the following two events:
(A) The 30th day after the designated billing office receives a proper invoice from the Contractor (except as provided in paragraph (a)(1)(ii) of this clause).
(B) The 30th day after Government acceptance of supplies delivered or services performed. For a final invoice, when the payment amount is subject to contract settlement actions, acceptance is deemed to occur on the effective date of the contract settlement.
(ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date is the 30th day after the date of the Contractor's invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.
(2) Certain food products and other payments.
(i) Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are--
(A) For meat or meat food products, as defined in section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C. 182(3)), and as further defined in Pub. L. 98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7th day after product delivery.
(B) For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)), as close as possible to, but not later than, the 7th day after product delivery.
(C) For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(4)), as close as possible to, but not later than, the 10th day after product delivery, unless another date is specified in the contract.
(D) For dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502(e)), edible fats or oils, and food products prepared from edible fats or oils, as close as possible to, but not later than, the 10th day after the date on which a proper invoice has been received. Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products, fall within this classification. Nothing in the Act limits this classification to refrigerated products. When questions arise regarding the proper classification of a specific product, prevailing industry practices will be followed in specifying a contract payment due date. The burden of proof that a classification of a specific product is, in fact, prevailing industry practice is upon the Contractor making the representation.
(ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract.
(3) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(3)(i) through (a)(3)(x) of this clause. If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. The Government will take into account untimely notification when computing any interest penalty owed the Contractor.
(i) Name and address of the Contractor.
(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)
(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).
(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.
(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.
(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).
(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.
(viii) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(ix) 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 (e.g., 52.232- 38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(x) Any other information or documentation required by the contract (e.g., evidence of shipment).
(4) Interest penalty. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(4)(i) through (a)(4)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty.
(i) The designated billing office received a proper invoice.
(ii) The Government processed a receiving report or other Government documentation authorizing payment, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition.
(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.
(5) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR part 1315.
(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.
(ii) The prompt payment regulations at 5 CFR 1315.10(c) do not require the Government to pay interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes.
(6) Discounts for prompt payment. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at 5 CFR part 1315.
(7) Additional interest penalty.
(i) The designated payment office will pay a penalty amount, calculated in accordance with the prompt payment regulations at 5 CFR part 1315 in addition to the interest penalty amount only if--
(A) The Government owes an interest penalty of $1 or more;
(B) The designated payment office does not pay the interest penalty within 10 days after the date the invoice amount is paid; and
(C) The Contractor makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph (a)(7)(ii) of this clause, postmarked not later than 40 days after the invoice amount is paid.
(ii)(A) The Contractor shall support written demands for additional penalty payments with the following data. The Government will not request any additional data. The Contractor shall--
(1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required;
(2) Attach a copy of the invoice on which the unpaid late payment interest is due; and
(3) State that payment of the principal has been received, including the date of receipt.
(B) If there is no postmark or the postmark is illegible--
(1) The designated payment office that receives the demand will annotate it with the date of receipt, provided the demand is received on or before the 40th day after payment was made; or
(2) If the designated payment office fails to make the required annotation, the Government will determine the demand's validity based on the date the Contractor has placed on the demand, provided such date is no later than the 40th day after payment was made.
(iii) The additional penalty does not apply to payments regulated by other Government regulations (e.g., payments under utility contracts subject to tariffs and regulation).
(b) Contract financing payment. If this contract provides for contract financing, the Government will make contract financing payments in accordance with the applicable contract financing clause.
(c) Fast payment procedure due dates. If this contract contains the clause at 52.213-1, Fast Payment Procedure, payments will be made within 15 days after the date of receipt of the invoice.
(d) 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 immediately notify the Contracting Officer and request instructions for disposition of the overpayment.
I.7. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http:// www.acquisition.gov/far/
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
SECTION J - LIST OF ATTACHMENTS
PART IV - REPRESENTATIONS AND INSTRUCTIONS
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
K.1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
(a) The offeror certifies that--
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to--
(i) those prices;
(ii) the intention to submit an offer;, or
(iii) the methods or factors used to calculate the prices offered;
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory--
(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or
(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above
| ____________________________________________ |
| ____________________________________________ |
| ____________________________________________ |
[Insert full name of person(s) in the offeror's organization responsible for determining the prices offered in the bid or proposal, and the title of his or her position in the offeror's organization];
(a) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and
(b) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above.
(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure
K.2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)
(a) Definitions.
Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.
(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(d) Taxpayer Identification Number (TIN).
[ ] TIN:. ____________________________
[ ] TIN has been applied for.
[ ] TIN is not required because:
[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
[ ] Offeror is an agency or instrumentality of a foreign government;
[ ] Offeror is an agency or instrumentality of the Federal Government.
(e) Type of organization.
[ ] Sole proprietorship;
[ ] Partnership;
[ ] Corporate entity (not tax-exempt);
[ ] Corporate entity (tax-exempt);
[ ] Government entity (Federal, State, or local);
[ ] Foreign government;
[ ] International organization per 26 CFR 1.6049-4;
[ ] Other ___________________________________________
(f) Common parent.
[ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.
[ ] Name and TIN of common parent:
Name ____________________________________________________
TIN ____________________________________________________
K.3 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that -
(i) The Offeror and/or any of its Principals -
(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property; and
(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision.
(ii) The Offeror has [ ] has not [ ], within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsive.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
K.4 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is-- 561720.
(2) The small business size standard is $18 Million.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b) Representations. (1) The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern.
(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it [ ] is, [ ] is not a women-owned small business concern.
(4) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.
(5) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.
(6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.
(c) Definitions. As used in this provision-- Service-disabled veteran-owned small business concern--
(1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
Small business concern, as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.
Veteran-owned small business concern means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned small business concern, as used in this provision, means a small business concern--
(1) That is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
(d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women- owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a),8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall--
(i) Be punished by imposition of fine,…
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