36C24222Q0720.docx
DOCX document 140 KB Posted
- Attached to
- S201--HV CBOC Cleaning Contract Federal contract opportunity
- Solicitation number
- 36C24222Q0720
About this file
This solicitation is for janitorial services at seven Community Based Outpatient Clinics affiliated with the Hudson Valley Healthcare System VA Medical Center. Required services include cleaning restrooms, lounges, waiting rooms, lobbies, offices, corridors, exam rooms, and other areas according to specified frequencies. The base period of performance is one year with four optional one-year extensions. Offerors must submit responses by June 17, 2022 at 10:00 AM EST to Natalie Acevedo, Contracting Officer, at the address provided. Pricing is to be submitted using the Price/Cost Schedule included, listing monthly prices for cleaning each of the seven clinic locations. The awardee will be required to comply with limitations on subcontracting and other federal contracting regulations.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 36C24222Q0720 0002.docx | DOCX document | |
| Goshen cboc- suite 204-206-Floor plan.pdf | ||
| Goshen cboc-Suite 207.pdf | ||
| 36C24222Q0720 0001.docx | DOCX document | |
| Poughkeepsie-Room areas.pdf | ||
| Pine Plains cboc.pdf | ||
| Poughkeepsie-Floor plan.pdf | ||
| Pine Plains CBOC_Layout_Hand Sketch.pdf | ||
| P07 WAGE DETERMINATION 2015-4187.pdf | ||
| Carmel CBOC_Layout.pdf | ||
| Goshen Layout_Suites.pdf | ||
| Poughkeepsie CBOC_Final VA Layout_for Build-Out.pdf | ||
| PJ CBOC_Layout_A100 REV.pdf | ||
| New City CBOC_layout.pdf | ||
| Monticello CBOC_Layout.pdf | ||
| P07 WAGE DETERMINATION 2015-5777.pdf | ||
| P07 WAGE DETERMINATION 2015-4175.pdf | ||
| P07 WAGE DETERMINATION 2015-5773.pdf | ||
| P07 WAGE DETERMINATION 2015-4159.pdf |
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Text version
36C24222Q0720
PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
UEI:
EFT:
PHONE:
FAX:
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.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(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 _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
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) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
36C24222Q0720 05- -2022
ACEVEDO, NATALIE
718-584-9000 X 2105 06-1 -2022
10:00 AM
EDT
36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904 X X 561720 $19.5 Million N/A X Hudson Valley VA Healthcare System 7 Community Based Outpatient Clincs
36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx NY 10468-3904
Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/
See CONTINUATION Page Janitorial Service at 7 HVVAHCS Community Based Outpatient Community Based Outpatient Clinics (CBOCs) as described in Performance Work Statement (PWS) and Price/Cost Schedule included herein.
RFI questions will not be accepted after 6/ /2022 at
10:00 AM EST.
Response due date 6/1 /2022 at 10:00 AM EST.
Email to Natalie.Acevedo@va.gov.
Contractors should pay close attention to requirements in Section: 52.212-1, 52.212-2, 52.212-3 and Section D before submitting a quote.
See CONTINUATION Page X X Natalie Acevedo Contracting Officer Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 4 |
| B.1 CONTRACT ADMINISTRATION DATA | 4 |
| B.2 PERFORMANCE WORK STATEMENT | 5 |
| Various methods exist to monitor performance. The COR shall use the surveillance methods listed below in the administration of this QASP. | 15 |
| B.3 PRICE/COST SCHEDULE | 17 |
| ITEM INFORMATION | 17 |
| SECTION C - CONTRACT CLAUSES | 25 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 25 |
| C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 31 |
| C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 31 |
| C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 31 |
| C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS | 32 |
| C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) | 32 |
| C.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 34 |
| C.8 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION) | 35 |
| C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION) | 36 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 45 |
| D.1 WAGE DETERMINATION | 45 |
| D.2 CBOC FLOOR PLANS/LAYOUT | 45 |
| SECTION E - SOLICITATION PROVISIONS | 46 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 46 |
| E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 50 |
| E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 53 |
| E.4 52.216-1 TYPE OF CONTRACT (APR 1984) | 54 |
| E.5 52.233-2 SERVICE OF PROTEST (SEP 2006) | 54 |
| E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 55 |
| E.7 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) | 55 |
| E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 56 |
| E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION) | 57 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer 36C242 ACEVEDO, NATALIE NCO2 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [X] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [X] MONTHLY |
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
Page 1 of Page 1 of
B.2 PERFORMANCE WORK STATEMENT
PERFORMANCE WORK STATEMENT FOR JANITORIAL SERVICES
1. GENERAL: This is a non-personnel services requirement to provide Janitorial Services to the VA Hudson Valley Healthcare System. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.
1.1 Description of Services/Introduction: VA Hudson Valley has a requirement for janitorial services at our seven (7) Community Based Outpatient Clinic (CBOC) affiliated with the Hudson Valley Healthcare System. The CBOCS are as follow: Pine Plains, Poughkeepsie, Monticello, New City, Carmel, Port Jervis and Goshen.
1.2 Objectives: The contractor will provide services for Janitorial Services to the VA Hudson Valley Healthcare System as described in the Performance Work Statement (PWS).
1.3 Scope:
1.3.1 Specific Tasks – Janitorial Services to be provided shall be accomplished according to Janitorial Cleaning Schedule Checklist. If industry standards require frequencies of tasks be more than outlined herein, industry standard will be adopted.
Janitorial Cleaning Schedule Checklist:
Restrooms Cleaning Function Frequency:
| TASK |
| FREQUENCY |
| Empty and clean all trash receptacles and replace liners |
| Daily |
| Wipe down all soap dispensers |
| Daily |
| Wipe under sink to remove soap scum |
| Daily |
| Stock toilet tissue, hand towels, facial tissues, and hand soap |
| Daily |
| Clean counters, sinks, toilets, urinals, mirrors, fixtures, and partitions |
| Daily |
| Damp wipe horizontal surfaces |
| Daily |
| Clean walls, light switch plates and doors |
| Daily |
| Clean and Replenish Dispensers |
| Daily |
| Dust mops all hard surface floors |
| Daily |
| Wet mop floors |
| Daily |
| Clean ceiling vents and exterior light fixtures |
| Weekly |
| Strip, deep scrub and refinish floors |
| Quarterly |
Lounges, Waiting Rooms, Lobbies, Offices, Conference Rooms Cleaning Function Frequency:
| TASK |
| FREQUENCY |
| Clean tables |
| Daily |
| Clean floors |
| Daily |
| Vacuum carpets and mats |
| As Needed |
| Clean/dust horizontal surfaces |
| Daily |
| Empty, clean and reline trash cans |
| Daily |
| Clean furniture |
| Daily |
| Clean counter tops |
| Daily |
| Clean telephones |
| Daily |
| Buff floors |
| Weekly |
| Clean windows and picture frames |
| Weekly |
| Clean chairs |
| Daily |
| Clean windowsills |
| Weekly |
| Clean exterior of light fixtures |
| Monthly |
| Dust/clean blinds |
| Bi-Weekly |
| Clean walls, ceiling, and baseboards |
| Quarterly/As Needed |
| Clean upholstered furniture |
| Quarterly/As Needed |
| Strip and refinish floors |
| Semi Annually/As Needed |
Corridors Cleaning Function Frequency:
| TASK |
| FREQUENCY |
| Clean with dust mop |
| Daily |
| Clean with wet mop |
| Daily |
| Clean window ledges/picture frames |
| Weekly |
| Clean horizontal surfaces |
| Weekly |
| Buff floors |
| Weekly |
| Clean walls, ceilings, and baseboards |
| Monthly |
| Strip and refinish floors |
| Semi-Annually/As Needed |
Exam Rooms, Reception, Storage Room Cleaning Function Frequency:
| TASK |
| FREQUENCY |
| Empty and clean trash receptacles and replace liners |
| Daily |
| Using a damp cloth dust all horizontal surface |
| Daily |
| Clean sinks, toilets, and fixtures |
| Daily |
| Clean and Replenish Dispensers |
| Daily |
| Dust mop all hard surface floors |
| Daily |
| Wet mop entire area |
| Daily |
| Clean chairs, exam table, etc. |
| Daily |
| Spot clean all walls, light switches and doors |
| Daily |
| Clean windows and picture frames |
| Weekly |
| Clean windowsills |
| Weekly |
| Clean exterior of light fixtures |
| Weekly |
| Dust/clean blinds |
| Weekly |
| Buff tile areas |
| Weekly |
| Strip and refinish floors |
| Semi-Annually/As Needed |
| Clean automatic glass doors inside and out |
| Daily |
Other Cleaning Function Frequency:
| TASK |
| FREQUENCY |
| High and low dusting includes ceiling vents |
| Weekly |
1.4 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years. The Period of Performance reads as follows:
Base year: 10/01/2022 – 09/30/2023 Option 1: 10/01/2023 – 09/30/2024 Option 2: 10/01/2024 – 09/30/2025 Option 3: 10/01/2025 - 09/30/2026 Option 4: 10/01/2026 -- 09/30/2027
1.5 General Information:
1.5.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. Within 30 days after contract award the contractor shall provide a comprehensive written Quality Control Plan to the COR and Contracting Officer. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.
1.5.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). The government will supply the QASP to the contractor. This plan is primarily focused on how the Government will evaluate to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).
1.5.3 Recognized Holidays: Contractor shall not be required to provide services on Holidays. Federal Holidays include the days detailed below and any other days designated by the President as a Federal Holiday.
| New Year’s Day | Labor Day | ||
| Martin Luther King Jr.’s Birthday | Columbus Day | ||
| President’s Day | Veteran’s Day | ||
| Memorial Day | Thanksgiving Day | ||
| Independence Day | Christmas Day |
1.5.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 4:30 p.m. to 10:30 pm EST Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.
1.5.5 Place of Performance: The work to be performed under this contract will be performed at the following facilities for each service category.
CBOC CLEANNING:
| CARMEL VA CLINIC | GOSHEN VA CLINIC | ||
| 1875 ROUTE 6 | 30 HATFIELD LANE | ||
| PROVIDENT BANK | UPPER LEVEL: SUITES 204, 205 & 206 | ||
| 2ND FLOOR | GOSHEN, NY 10924-6768 | ||
| CARMEL NY 10512-2316 | Sq. Ft 5,472 |
Sq. Ft 4,304
| PINE PLAINS VA CLINIC | MONTICELLO VA CLINIC | ||
| 2881 CHURCH STREET | 55 STURGIS ROAD | ||
| ROUTE 199 | MONTICELLO, NY 12701-1225 | ||
| PINE PLAINS, NY 12567-5545 | Sq. Ft 6,200 |
Sq. Ft 2,852
| NEW CITY VA CLINIC | PORT JERVIS VA CLINIC | ||||
| 345 NORTH MAIN STREET | 100 PIKE STRRET (PIKE STREET PLAZA) | ||||
| 1ST FLOOR | SUITE #9 | ||||
| NEW CITY, NY 10956-4312 | PORT JERVIS, NY 12771- 1867 | ||||
| Sq. Ft. 8,965 | Sq. Ft. 6, 524 |
POUGHKEEPSIE VA CLINIC
488 FREDDOM PLAINS ROAD
SUITE # 134
POUGHKEEPSIE, NY 12603-2690
Sq. Ft. 6,434
1.5.6 Type of Contract: The government will award a firm fixed price type contract, base with 4 option years for this requirement.
1.5.7 Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.
1.5.7.1 In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.
1.5.7.2 The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.
1.5.8 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.
1.6 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.
1.6.1 Key Personnel: The follow personnel are considered key personnel by the government: Terry Vogt, (EMS Chief), Ronald VanDorn, (EMS Asst Chief), Glenn Cook (EMS General Foreman) and Tina Thomas (EMS General Forman). The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00am to 4:00pm, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.
1.6.2 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. All Contractor personnel are required to wear identification (I.D.) during the entire time they are on the VA properties.
I.D. badges must have an identification picture, name of the individual, and the name of the represented company depicted on it.
1.6.3 PHASE IN /PHASE OUT PERIOD: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the sixty (60) day phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.
2. DEFINITIONS AND ACRONYMS:
2.1. DEFINITIONS:
2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.
2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.
2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.
2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.
2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.
2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.
2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.
2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.
2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.
2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of a product or service shall meet contract requirements.
2.1.11. SUBCONTRACTOR. One that enters a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.
2.1.12. WORKDAY. The number of hours per day the Contractor provides services in accordance with the contract.
2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.
3. GOVERNMENT FURNISHED ITEMS AND SERVICES:
3.1 Facilities: The Government will provide janitorial closets and storage space for janitorial equipment.
3.3 Utilities: The Government will provide all water and electrical and the contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning of clinics and equipment.
3.5 Materials: The Government will provide all supplies and materials for performance of Janitorial Services at the CBOC Locations. Paper towels, toilet paper and all supplies required to clean the CBOCs will be supplied to contractor by EMS through Logistic Service to ensure the area(s) are being maintained.
4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:
4.1. General: The Contractor shall furnish all equipment and services required to perform work under this contract that are not listed under Section 3 of this PWS.
4.2. Equipment: The Contractor shall provide:
1. mops
2. vacuums (including bags/filters)
3. buffers (including pads)
4. burnishers (including pads)
5. scrubbers (including brushes)
6. double bucket mopping system
QUALITY ASSURANCE SURVEILLANCE PLAN
For: Janitorial Services Hudson Valley CBOC’S
Contract Number: TBD
Contract Description: The Hudson Valley Veterans Affairs Healthcare System (HVAHC) has a need for Janitorial Services at seven (7) Community Based Outpatient Clinics (CBOCs) affiliated with VANJHCS. This is a non-personnel services requirement to provide Janitorial Services to the VA Hudson Valley Healthcare System, CBOCs. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.
Contractor’s name: TBD
1. PURPOSE
This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:
· What will be monitored.
· How monitoring will take place.
· Who will conduct the monitoring.
· How monitoring efforts and results will be documented.
This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance.
This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.
2. GOVERNMENT ROLES AND RESPONSIBILITIES
The following personnel shall oversee and coordinate surveillance activities.
a. Contracting Officer (CO) - The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.
Assigned CO: Natalie Acevedo
b. Contracting Officer’s Representative (COR) - The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The COR shall keep a quality assurance file. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf.
Assigned COR: LaVanche Thomas
c. Other Key Government Personnel: None
3. CONTRACTOR REPRESENTATIVES
The following employees of the contractor serve as the contractor’s program manager for this contract.
a. Program Manager: TBD
b. Other Contractor Personnel: TBD Title:
4. PERFORMANCE STANDARDS
Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards.
| Performance Objective |
| Performance Standard |
| Acceptable Quality Level |
| Method of Surveillance & Rating |
| 1. Restrooms Cleaning |
| All bathrooms shall be maintained as follows: |
Empty and clean all trash receptacles and replace liners, wipe down all soap and paper towel dispensers, clean tiles and polish shower taps, stock toilet tissue, paper towels and hand soap.
Clean counters, sinks, toilets, urinals, mirrors, fixtures, and partitions.
Damp wipe horizontal surfaces.
Clean walls, light switch plates and doors.
Clean and replenish dispensers.
Dust mops all hard surface floors.
Wet mop floors.
Clean ceiling vents and exterior light fixtures.
Strip, deep scrub and refinish floors.
| Not to exceed 2 customer complaints per month. |
| Daily observations; 100% |
Inspection
Excellent = no complaints in 6 months
Very good = < 6 complaint in 6 months
Satisfactory = < 12 complaints in 6 months
Unsatisfactory = > 12 complaints in 6 months
| 2. Lounges, Waiting Rooms, Lobbies, Offices, Conference Rooms Cleaning |
| All Lounges, Waiting Rooms, Lobbies, Offices, Conference Rooms shall be maintained as follows: |
Clean tables Clean floors Vacuum carpets and mats Clean/dust horizontal surfaces Empty, clean and reline trash cans Clean furniture Clean counter tops Clean telephones Buff floors Clean windows and picture frames Clean chairs Clean windowsills Clean exterior of light fixtures Dust/clean blinds Clean walls, ceiling and baseboards Clean upholstered furniture Strip and refinish floors.
| Not to exceed 2 customer complaints per month. |
| Daily observations; 100% |
Inspection:
Excellent = no complaints in 6 months
Very good = < 6 complaint in 6 months
Satisfactory = < 12 complaints in 6 months
Unsatisfactory = > 12 complaints in 6 months
3. Corridors Cleaning Function Frequency
All Corridors shall be maintained as follows:
Clean with dust mop Clean with wet mop Clean window ledges/picture frames Clean horizontal surfaces Buff floors Clean walls, ceilings, and baseboards Strip and refinish floors
Not to exceed 2 customer complaints per month.
Daily observations; 100% Inspection
Excellent = no complaints in 6 months
Very good = < 6 complaint in 6 months
Satisfactory = < 12 complaints in 6 months
Unsatisfactory = > 12 complaints in 6 months
| 4. Exam Rooms, Reception, Storage Room Cleaning Function Frequency |
| All Exam Rooms, Reception, and Storage Room maintained as follows: |
Empty and clean trash receptacles and replace liners, Using a damp cloth dust all horizontal surface, Clean sinks, toilets, and fixtures, Clean and Replenish Dispensers, Dust mop all hard surface floors, Wet mop entire area, Clean chairs, exam table, etc.
Spot clean all walls, light switches, and doors, Clean windows and picture frames, Clean windowsills, Clean exterior of light fixtures, Dust/clean blinds, Buff tile areas, Strip and refinish floors, Clean automatic glass doors inside and out.
Not to exceed 2 customer complaints per month.
Daily observations; 100% Inspection
Excellent = no complaints in 6 months
Very good = < 6 complaint in 6 months
Satisfactory = < 12 complaints in 6 months
Unsatisfactory = > 12 complaints in 6 months
5. INCENTIVES
The Government shall use exercise of option period and past performance as incentives. Incentives shall be based on exceeding, meeting, or not meeting performance standards.
6. METHODS OF QA SURVEILLANCE
Various methods exist to monitor performance. The COR shall use the surveillance methods listed below in the administration of this QASP.
· PERIODIC INSPECTION: Inspections may be scheduled quarterly.
· VALIDATED USER/CUSTOMER COMPLAINTS. (Relies on the customer to identify deficiencies. Complaints are then investigated and validated.)
7. RATINGS
Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used:
Excellent = Exceeds Standards Satisfactory = Meets Standards Unsatisfactory = Fails To Meet Standards
8. DOCUMENTING PERFORMANCE
a. ACCEPTABLE PERFORMANCE
The Government shall document positive performance. Any report may become a part of the supporting documentation for any contractual action.
b. UNACCEPTABLE PERFORMANCE
When unacceptable performance occurs, the COR shall inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file.
When the COR determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR) and present it to the contractor's program manager with a copy to the Contracting Officer.
The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the COR. The Government shall review the contractor's corrective action plan to determine acceptability.
Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO.
9. FREQUENCY OF MEASUREMENT
a. Frequency of Measurement.
During contract performance, the COR will periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed.
b. Frequency of Performance Assessment Meetings.
The COR shall meet with the contractor monthly to assess performance and shall provide a written assessment.
<After award, both the contractor’s Program Manager and the COR shall sign this document.>
Signature – Contractor Program Manager
Signature – Contracting Officer’s Representative
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at Carmel Clinic 1875 ROUTE 6, 2nd Floor
PROVIDENT BANK
CARMEL NY 10512-2316
Sq. Ft 4,304 Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at Goshen Clinic
30 HATFIELD LANE
UPPER LEVEL: SUITES 204, 205 & 206
GOSHEN, NY 10924-6768
Sq. Ft 5,472 Contract Period: Base
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at PINE PLAINS VA CLINIC
2881 CHURCH STREET
ROUTE 199
PINE PLAINS, NY 12567-5545
Sq. Ft 2,852 Contract Period: Base
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at MONTICELLO VA CLINIC
55 STURGIS ROAD
MONTICELLO, NY 12701-1225
Sq. Ft 6,200 Contract Period: Base
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at NEW CITY VA CLINIC
345 NORTH MAIN STREET
1ST FLOOR
NEW CITY, NY 10956-4312
Sq. Ft. 8,965 Contract Period: Base
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at PORT JERVIS VA CLINIC
100 PIKE STRRET (PIKE STREET PLAZA)
SUITE #9
PORT JERVIS, NY 12771- 1867
Sq. Ft. 6, 524 Contract Period: Base
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at POUGHKEEPSIE VA CLINIC
488 FREDDOM PLAINS ROAD
SUITE # 134
POUGHKEEPSIE, NY 12603-2690
Sq. Ft. 6,434 Contract Period: Base
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at Carmel Clinic
PROVIDENT BANK
CARMEL NY 10512-2316
Sq. Ft 4,304 Contract Period: Option 1 POP Begin: 10-01-2023 POP End: 09-30-2024
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at Goshen Clinic
UPPER LEVEL: SUITES 204, 205 & 206
GOSHEN, NY 10924-6768
Sq. Ft 5,472 Contract Period: Option 1
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at PINE PLAINS VA CLINIC
2881 CHURCH STREET
ROUTE 199
PINE PLAINS, NY 12567-5545
Sq. Ft 2,852 Contract Period: Option 1
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at MONTICELLO VA CLINIC
MONTICELLO, NY 12701-1225
Sq. Ft 6,200 Contract Period: Option 1
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at NEW CITY VA CLINIC
345 NORTH MAIN STREET
1ST FLOOR
NEW CITY, NY 10956-4312
Sq. Ft. 8,965 Contract Period: Option 1
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at PORT JERVIS VA CLINIC
SUITE #9
PORT JERVIS, NY 12771- 1867
Sq. Ft. 6, 524 Contract Period: Option 1
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at POUGHKEEPSIE VA CLINIC
SUITE # 134
POUGHKEEPSIE, NY 12603-2690
Sq. Ft. 6,434 Contract Period: Option 1
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at Carmel Clinic
PROVIDENT BANK
CARMEL NY 10512-2316
Sq. Ft 4,304 Contract Period: Option 2 POP Begin: 10-01-2024 POP End: 09-30-2025
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at Goshen Clinic
UPPER LEVEL: SUITES 204, 205 & 206
GOSHEN, NY 10924-6768
Sq. Ft 5,472 Contract Period: Option 2
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at PINE PLAINS VA CLINIC
2881 CHURCH STREET
ROUTE 199
PINE PLAINS, NY 12567-5545
Sq. Ft 2,852 Contract Period: Option 2
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at MONTICELLO VA CLINIC
MONTICELLO, NY 12701-1225
Sq. Ft 6,200 Contract Period: Option 2
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at NEW CITY VA CLINIC
345 NORTH MAIN STREET
1ST FLOOR
NEW CITY, NY 10956-4312
Sq. Ft. 8,965 Contract Period: Option 2
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at PORT JERVIS VA CLINIC
SUITE #9
PORT JERVIS, NY 12771- 1867
Sq. Ft. 6, 524 Contract Period: Option 2
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at POUGHKEEPSIE VA CLINIC
SUITE # 134
POUGHKEEPSIE, NY 12603-2690
Sq. Ft. 6,434 Contract Period: Option 2
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at Carmel Clinic
PROVIDENT BANK
CARMEL NY 10512-2316
Sq. Ft 4,304 Contract Period: Option 3 POP Begin: 10-01-2025 POP End: 09-30-2026
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at Goshen Clinic
UPPER LEVEL: SUITES 204, 205 & 206
GOSHEN, NY 10924-6768
Sq. Ft 5,472 Contract Period: Option 3
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at PINE PLAINS VA CLINIC
2881 CHURCH STREET
ROUTE 199
PINE PLAINS, NY 12567-5545
Sq. Ft 2,852 Contract Period: Option 3
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at MONTICELLO VA CLINIC
MONTICELLO, NY 12701-1225
Sq. Ft 6,200 Contract Period: Option 3
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at NEW CITY VA CLINIC
345 NORTH MAIN STREET
1ST FLOOR
NEW CITY, NY 10956-4312
Sq. Ft. 8,965 Contract Period: Option 3
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at PORT JERVIS VA CLINIC
SUITE #9
PORT JERVIS, NY 12771- 1867
Sq. Ft. 6, 524 Contract Period: Option 3
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at POUGHKEEPSIE VA CLINIC
SUITE # 134
POUGHKEEPSIE, NY 12603-2690
Sq. Ft. 6,434 Contract Period: Option 3
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at Carmel Clinic
PROVIDENT BANK
CARMEL NY 10512-2316
Sq. Ft 4,304 Contract Period: Option 4 POP Begin: 10-01-2026 POP End: 09-30-2027
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at Goshen Clinic
UPPER LEVEL: SUITES 204, 205 & 206
GOSHEN, NY 10924-6768
Sq. Ft 5,472 Contract Period: Option 4
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at PINE PLAINS VA CLINIC
2881 CHURCH STREET
ROUTE 199
PINE PLAINS, NY 12567-5545
Sq. Ft 2,852 Contract Period: Option 4
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at MONTICELLO VA CLINIC
MONTICELLO, NY 12701-1225
Sq. Ft 6,200 Contract Period: Option 4
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at NEW CITY VA CLINIC
345 NORTH MAIN STREET
1ST FLOOR
NEW CITY, NY 10956-4312
Sq. Ft. 8,965 Contract Period: Option 4
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at PORT JERVIS VA CLINIC
SUITE #9
PORT JERVIS, NY 12771- 1867
Sq. Ft. 6, 524 Contract Period: Option 4
| 12.00 |
| MO |
| __________________ |
| __________________ |
CBOC Cleaning at POUGHKEEPSIE VA CLINIC
SUITE # 134
POUGHKEEPSIE, NY 12603-2690
Sq. Ft. 6,434 Contract Period: Option 4
| GRAND TOTAL |
| __________________ |
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(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 Federal Acquisition Regulation (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—
(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 part 1315.
(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.
(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 part 1315.
(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
(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 FAR 32.608-2 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.
(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…
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