36C24823Q0212 Combined Synopsis Solicitation.docx

Combined Synopsis-Solicitation for Commercial Items Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular.

FAC 2023-01 published December 1,2022

This solicitation is set-aside for Full and Open competition.

The associated North American Industrial Classification System (NAICS) code for this procurement is 812332, with a small business size standard of $41.5 Million.

The FSC/PSC is S209.

The C.W. Bill Young VAMC EMS Office is seeking to purchase Contingency Linen Cleaning Services.

All interested companies shall provide quotations for the following:

Supplies/Services

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 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Room 315, Bldg. 2 10,000 Bay Pines Blvd Bay Pines FL 33744

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

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:

PERFORMANCE WORK STATEMENT

1. Description of services. The Contractor shall furnish all facilities, personnel, equipment, tools, materials, management and other items and services necessary to provide laundry services for the Bay Pines Textile Plant as set forth in this PWS and the Service Delivery Summary (SDS). Performance of this service must be consistent with healthcare laundry best practices and applicable regulations. The Bay Pines Textile plant supports the C.W. Bill Young VAMC, James A. Haley and Orlando Medical Centers.

1.1. Bay Pines VAHCS will supply textiles, carts and transportation to and from established the medical centers. Bay Pines on a monthly/quarterly basis will supply replacement linens to ensure customer par levels are maintained and a supply of contingency linens.

1.2. There may be times the contractor may have to provided bulk carts to customers to maximize soil returns.

2. Contractor Responsibilities.

The contractor shall be responsible for the security of the goods and the safekeeping of the laundry in its possession. The contractor shall ensure each customer receives the amount ordered. The contractor is responsible to monitor the soil returns of each sub-customer and report discrepancies. The contractor shall be responsible for loading and unloading all laundry and linen items at their facility. The contractor shall ensure soiled laundry is physically separated from clean laundry. Laundry shall be cleaned, dried and pressed at the contractor’s facility as described in paragraphs 1.7 through 1.10. All laundry items shall be processed to be hygienically clean. All laundry must be dried and pressed in such a manner as to prevent discoloration, excessive wrinkles or shrinking of fabric. Once cleaned dried and pressed, all laundry shall be properly finished and packed. All clean linens must be covered to prevent contamination during transport. The contractor is responsible for requesting additional linens be injected into the system to ensure par levels are maintained.

2.1. All workmanship shall be in accordance with practices/guidelines established by TSRA which include the Center for Disease Control (CDC) and Occupational Safety and Health Administration (OSHA). Specific OSHA standards (29 CFR 1910.1030) and CDC guidelines have been included in this PWS. Contractor shall provide Services that include all processes necessary for the laundering and finishing of the articles.

2.2. The Contractor shall provide physical separation, through the presence of a barrier wall and the use of pass-through equipment, is required to maintain positive air pressure in the clean section relative to a negative air pressure in the soiled section. In no case shall clean and soiled linen share the same physical space. The laundry plant layout/design shall incorporate a “design for asepsis” whereby clean linen neither comes into contact with soiled linens nor shares the same physical space, thus avoiding cross-contamination and/or reintroduction of bacteria once processed. After processing, laundered articles shall be in serviceable and sanitary condition, meeting established quality and performance requirement standards as outlined in this PWS and in accordance with CDC and OSHA standards.

2.3. All linen must be processed in a manner consistent with its intended use, free of wrinkles, damage, lint, stains; ensuring that quality will meet or exceed expectations of this PWS.

2.4. Safety and protective clothing and equipment for the services required per the PWS shall be provided and maintained by the contractor at the contractor’s own expense.

2.5. Facilities in which the work is done shall be open to inspection of sanitation and regulatory conditions by Government representatives. These inspections may be scheduled or unscheduled.

2.6. The contractor shall have an established program to oversee the quality assurance of this laundry

2.7. Delivery and Pick up Schedule Bay Pines will pick up processed linens between 4:00am to 5am for multiple customers and deliver and return between 6:00 am and 11:00 am with customer soiled linens, 6 days per week Monday through Saturday. Times are approximate.

2.8. Bay Pines pick up 4:00 am return with soil 6:30 am. Times are approximate.

2.9. Tampa pick up 4:00 am return with soil 6:30am. Monday through Saturday Times are approximate.

2.10. Orlando pick up 4:00 am return with soil 6:00 am. Monday through Friday. Times are approximate.

2.11. Lee County VAMC pick-up 5 am and return with soil 11 am. Times are approximate.

2.12. Delivery trailer for Bay Pines and Tampa VAMC is a 42’ trailer

2.13. Delivery trailer for Orlando VAMC is either a 48, 53’ trailer or box truck depending on size of shipment and anticipated soil return.

2.14. Delivery for Lee County is a box truck.

2.15. Clean linens shall not be placed on trailers and/or box trucks unless the trailers and/or box trucks have been disinfected with an approved germicide.

3. Report Requirements:

3.1. The contractor shall document and provide the COR with the following written and electronic reports of all processed soiled linens and all clean linens which are being delivered, indicating the cart number and weight for each delivery on a daily basis.

3.2. The reports of soiled linen received and clean linen delivered must show the date, name of the item, number of pieces received and delivered per schedule line item number, pounds received or delivered per schedule line item number, cart number and weight and the location they were delivered. An example of the report shall be provided by the COR post contract award.

3.2.1. Monthly

3.2.1.1. Report of washroom chemical titration and pH by chemical supplier.

3.2.2. Quarterly

3.2.2.1. Titration report listing the results of a whiteness test, tensile strength, and residual chlorine test.

3.2.2.2. Scale calibration.

3.3. The reports shall be submitted electronically and shall be compatible with Microsoft Office. The report and design shall be set with columns, rows, header, date and data will be itemized. Font shall be no less than 12 in size and black in color. Background of all reports shall reflect white in color.

4. Linen Control

4.1. The contractor shall not bill for laundry services for cleaned linens until those linens have been delivered to the Government. Government-owned items lost or badly damaged, (except normal wear and tear) while under the control of the contractor must be replaced with the name brand item or equal and approved by the COR within thirty (30) days. The contractor bears any and all costs associated with replacing lost/damaged items.

4.2. Unusual losses, including suspected pilferage, shall be reported at once to the COR, who will take immediate action to investigate the loss. If the loss is not recovered, the cost of replacement will be negotiated with the Contracting Officer (CO), along with the approval of the COR. Any issues shall immediately be brought to the CO’s attention. The contractor will supply an itemized list of linen that will be replaced, to include item description, quantity and unit cost to the COR and CO.

4.3. Any items found to have been unsatisfactorily cleaned according to quality and performance standards, shall be re-cleaned at no additional cost to the Government. Such items shall be identified, for contractor recognition by the COR when they are returned on the next scheduled pickup after an unsatisfactory condition is discovered. These items are to be kept separate from the normal laundry items for separate processing. Re-cleaned items will be identified separately and not charged to the Government.

4.4. The contractor will provide a team of personnel to assist the Bay Pines VAHCS at the beginning of the contract and at the conclusion to perform a linen inventory and all customer facilities and at the contractor facility. The Inventory Report must reflect all items delivered, cleaned items, and contractor facility storage inventory.

4.5. The contractor will store linen inventory not to exceed 3 days’ worth of daily linen for the Bay Pines VAHCS, Tampa VAMC, Orlando VCAMC and Lee County VAMC. For the items identified in attachment A.

5. Carts

5.1. The Government requires linen carts for Bay Pines VAHCS, Tampa VAMC, Orlando VAMC and Lee County VAMC. Government-owned bulk delivery linen carts will be maintained by the Government to ensure they are in working order for employee safety/ergonomics. Contractor is responsible for any damage to the carts above normal wear and tear while they are in the contractor’s possession. All carts are identified by numbers with the tare weight indicated on the outside. There may be times it will be necessary for the contractor to supplement bulk carts to maximize soil return.

5.2. The contractor shall disinfect carts daily after removing soiled linen from them and before placing clean linen in them, with a Tuberculocidal Germicide approved by the COR.

5.3. Carts containing clean linen being returned shall be lined at the bottom of the cart and covered with clean bag or cart cover to protect them against contamination while in transit between the laundry plant and the medical center. If reusable laundry bags or liners are used to transport soiled laundry, they must be laundered after use. If reusable bags are not available, the VA Medical Center will utilize plastic bags for soiled linens, which are to be destroyed.

6. Rag out program

6.1. Contractor shall keep accurate records of rejected linens in the following categories. Stained, torn/holes/cuts and worn.

6.2. Terry and bath blankets shall be used as rags. Contractor may dye government rags the same color they currently use. Rags shall be colorfast so no transfer occurs onto hands, Government property or anything else during use.

6.3. The contractor must keep and accurate count of rejected items by linen type and provide a ragout report to the COR weekly. All items except for terry and bath blankets may be disposed of with the contractors rejected linens. This includes stained items which were not reclaimed after the contractor followed their stain reclamation program.

7. Laundering Requirements

7.1. The Contractor shall accept for processing all soiled items listed in Attachment A. Notwithstanding anything to the contrary elsewhere in the contract, the BPVAHCS, Lee County VAMC, Tampa VAMC and the Orlando VAMC reserve the right to add any additional items for laundering as the need arises.

8. Estimated Quantities

8.1. It is impossible to determine the exact quantities that will be required during the contract term. The contractor shall be required to provide all services that may be ordered during the contract term. Quantities not ordered shall not constitute a price adjustment. See attachment A for estimated quantities.

9. Packaging

9.1. Linen is packaged in bulk by item according to specified quantities and established arrangements.

9.2. Bulk carts shall be lined on the bottom and covered at the top for shipment.

9.3. Items finished and placed on hangers shall be returned in a cart with a coat bar. They shall be placed on the hanger so identification number and size is showing, if any.

10. Laundry Guidance

10.1. All linens either soiled or new must be washed under the full soil formula of that item. The rinse and spin practice is unacceptable for VA healthcare linens.

10.1.1. Category One - Flatwork items that must be washed, ironed, and folded(W,I,F).

White Pillowcases, Regular and Surgical White Flat Sheets: Poly/Cotton Tablecloths Napkins Green Sheets/Pillowcases (limited quantities, when received) Beige Flat Sheets/Pillowcases Sleep Study Sheets (Queen/Full) Sleep Study Pillowcases

10.1.2. Category Two – All items must be washed, dried and folded (W,D,F).

Blankets, Bath Blankets, Bedspread Bath & Thermal Blanket IV Patient Gown Patient Gown Big Boy Gowns 3-Arm Gowns Bath Towels Pool Towels, Large White PJ Tops & Bottoms (Small-7XL) Ortho Shorts (Small-5XL) Scrub Tops & Bottoms (ScrubEX) Pads, Absorbent Surgical Towel Green (Huck) Isolation and Procedure Gowns (must be separated by size, the grid marked if visual inspection is passed, folded and stacked in lots of 10 and then tied.)

Kitchen Aprons Kitchen Towels

10.1.3. Category Three - Items that must be washed, dried and placed on hangers hung on a coat bar inside a bulk cart (W,D,H).

Work Shirts and Pants Kitchen Work Shirt (Polo) Smock, Knee Length Long Coats Lab Coats Cargo Pants Warm-up Jackets Lab and Consultation Coats Cubical Curtains Shower Curtains

10.1.4. Category Four - Items that must be washed, dried and returned in bulk, folding/stacking unnecessary (W,D,R).

Fitted Sheets, White and Green Washcloths Laundry Bags, Yellow and Green Bibs Hip Protectors Mops, 18” Microfiber Wet Mops, 18” Microfiber Dust String Mops Rags Microfiber Cloths

10.1.5. Category Five - Items that must be washed, dried, placed in laundry bags and placed in a bulk cart (W,D,B).

Patient Lift Slings (thorax, high back, and body) – (Each piece must be bagged separately)

10.1.6. Items that must be washed, dried, folded and placed into the same net bag they came out of (W,D,F).

Patient Clothing/Personal Items

11. Circumstances to be reported.

11.1. The contractor shall report any circumstances, which may affect the performance of the work and unhealthy or hazardous conditions or any delays or interference with work. Such reports shall be made immediately upon discovery by the contractor to the CO and COR by phone and a follow-up email.

11.2. Examples of reportable circumstances this is not an all-inclusive list and may be added to by the contractor:

a. Hazardous material in the linen

b. Excessive amount of sharps

c. Customer has loading docked blocked for excessive amounts of time.

d. Customer is providing a consistent poor soil return.

12. Exposure to Hazardous Working Conditions.

12.1. Contractor personnel are required to perform work under potentially hazardous conditions. Contractor personnel shall be informed of potentially hazardous situations by contractor and trained by contractor in techniques required to recognize and deal with potentially hazardous situations in a manner which will minimize personal risk. The contractor is required to adhere to standard techniques for personnel who become injured or ill on the job at no cost to the Government. The contractor is also responsible for providing employees with required personal protective equipment. The Government will not turn-in to the Contractor any soiled linen that is contaminated with radiation.

12.2. Linen contaminated with HD’s (Hazardous Drugs) or excreta from patients who have received HD’s in the past forty-eight (48) hours is a potential source of exposure to employees. Linen soiled with blood or other potentially infectious materials as well as contaminated with excreta must also be managed according to the Blood-borne Pathogens Standard. Linen contaminated with HD’s will be placed in specially marked laundry bags and then placed in a labeled impervious bag by VA employees. The laundry bag and its contents should be pre-washed, and then the linens added to other laundry for a second wash. Laundry personnel should wear latex gloves and gowns while handling pre-washed material.

12.3. Prior to start of contract performance, the contractor must supply information regarding the tuberculocidal germicide/disinfectant for COR concurrence.

12.4. Lost and Found. Any personal items found in the soiled linen will be returned to the appropriate hospital on the next day with the clean linen. Items will be bagged and the bags identified by VA hospital.

13. Key Personnel

13.1. The contractor shall designate a Program Manager (PM) supporting these services for this requirement and must meet the following:

13.2. Shall have at least three (3) years of specialized experience in this capacity for requirements of similar size and magnitude.

13.3. The Contractor shall provide the CO and the COR the name, address and telephone number where the Program Manager is to be reached during normal business hours from 7:00 am to 4:30 pm, and off duty hours from 4:30 pm to 7:00 am. The same information will be provided for a qualified alternate when the CPM is not available.

13.4. CPM or alternate shall respond in person, or by telephone, within two (2) hours of notification by the COR or CO.

13.5. Prior to start of contract performance the role of the Program Manager, extent of authority and all contact information shall be provided to the CO and COR.

14. Contingency Plan

14.1. Contractor shall furnish a detailed, written contingency plan indicating that services can be continued in the event of contractor’s equipment issues (including transportation vehicle failure), production facility failure, or any circumstance that impacts the contractor’s ability to perform the services. The contractor’s contingency plan shall include provisions to assure contractor’s ability to comply with the scheduled delivery to each VA facility within a 6-hour time frame of the delivery windows specified in this PWS.

15. Quality Control

15.1. The Contractor shall have a quality control program to ensure that the requirements of the contract are provided as specified. The plan shall also include procedures to secure Government property while under contractor’s jurisdiction. Subsequent changes to the approved quality control program must also be reviewed and agreed to by the COR and CO. The program shall include the following:

15.1.1. An inspection system covering the performance indicators given in the Quality Assurance/Performance Requirements summary.

15.1.2. A method for identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable.

15.1.3. A file of all quality control inspections, inspection results, and any corrective action required shall be maintained by the Contractor throughout the duration of this contract. This file shall be available to the COR during normal working hours upon request.

15.2. The Contracting Officer Representative (COR) shall inform the contractor immediately of deficient laundry services or laundry services which were not performed, and request immediate re-performance/performance of the services. Re-performance of laundry service must be completed by the next scheduled delivery following notification, for no additional cost to Government. If the contractor does not comply with a request for re-performance or service cannot be re-performed, no payment will be made for the original cleaning services. The quantity of the laundry services not rendered shall be determined by the COR and Contracting Officer (CO) and shall be deducted from the monthly invoice. The contractor shall be informed in writing on the amount of the payment reduction. If the contractor does not meet contractual obligations, the Contracting Officer reserves the right to have the laundry services accomplished by a third party, in the business of laundry/dry-cleaning services, at the cost of the contractor.

16. Quality Assurance

16.1. The Government will monitor the contractor’s performance under this contract using a Quality Assurance Surveillance Plan. Assessments shall be by made for each area of service by the Government in accordance with stated limits on discrepancies.

17. Performance Evaluation Meetings

17.1. The CPM, or their designee, shall meet with the COR on a minimum frequency of bi-monthly according to schedule established by the COR. The COR may be accompanied by the CO, infection control representative or other Government personnel.

17.2. The issuance of a Contract Discrepancy Report (CDR) may be cause for the scheduling of additional meeting(s) between the CPM, COR and CO. A mutual effort will be made to resolve all problems identified. The COR will prepare written minutes of these meetings. Should the CPM not concur with the minutes, a written statement will be presented to the CO within five business days, and the CPM will be notified of the decision in writing by the CO.

18. Correspondence

18.1. All correspondence relative to this contract shall bear the VA contract number, title, and name of the VA medical center, and shall be addressed to the COR for technical matters. All other contract matters must include a copy to the CO.

19. Government Representative.

19.1. The COR is responsible for providing technical assistance to the CO in administration of the contract. This responsibility involves quality assurance inspection, surveillance reporting and monthly certification of the contractor’s performance by the COR. The CO will furnish the name of the COR prior to the start date of the contract. The contractor shall be advised of the extent of the authority of the COR. The COR, CO and/or other required Government personnel may make site visits to plant facilities, without necessity of prior notification to contractor. Each phase of the services rendered under this contract is subject to Government inspection during both the contractor’s operation and after completion of tasks. The Government’s program is not a substitute for quality control by the contractor.

19.2. Any change of function by the Government, which may affect this contract as contemplated by this paragraph, and which requires permanent adjustments in frequency or type of performance as well as amounts, quantities, and poundage prices, will be coordinated with the Contractor by the COR and CO prior to initiation of such a change to assure adequate contractual coverage.

20. Phase-in Plan.

20.1. The following documentation must be provided to the COR and CO within 5 days after award.

a. Procedures to secure Government property while under Contractor’s jurisdiction.

b. The role of the CPM and extent of authority.

c. A copy of the Contractor’s Policy and Procedure Manual.

d. Certification that Contractor’s scales used for weighing soiled and clean linens have been calibrated on a monthly basis and provide a copy of the certification to the Lead COR (i.e. quarterly).

e. The phase-in plan contains the actions and timelines required for successful progress from the current organization to the new. For this requirement, the contracting officer will require a phase-in plan from all offerors and the requesting activities. The purpose of the phase-in plan is to minimize startup confusion, disruption, and adverse impacts on operations and customer support when transferring responsibility from the current organization to the new service provider based on the final competition decision. The ideal situation is for the phase-in to be transparent to the customers. However, contingency plans should also be developed to prepare for other eventualities and to promote a smooth transition. The requesting activities and the contractor phase-in plan must both address the phase-in plan requirements, which include timeline, employee hiring/placement, and other startup activities. The phase-in plans must also describe the performance indicators that will define successful implementation of the service provider’s phase-in plan.

21. Phase-out Plan

21.1. A phase-out plan will be submitted by the customers and contractor 60 days prior to the end of the contract performance period. The purpose of the phase-out plan is to minimize disruption and adverse impacts on operations and customer support when transferring responsibility from the current organization to the new service provider based on the final competition decision. The ideal situation is for the phase-out to be transparent to the customers.

21.2. The typical ramp up of a refurbished laundry is for the laundry to take back one customer at a time during the shake-down period of the new equipment.

22. Security of Government Equipment

22.1. It is the responsibility of the contractor to ensure that all extraneous articles, except trash, found in linens or in areas under the jurisdiction of the contractor (i.e., medical instruments and personal items) are turned in to the COR daily (Monday through Friday). A note will accompany the articles returned identifying the area or origination, and the type of linen or item it was found on (ex: general OR, special).

23. General Information

23.1. Hours of Operation. The contractor shall perform the services required under this contract during their own operating hours. Deliveries and pickups shall be made in accordance with the hours set forth in paragraph 2, except when coordinated with the contractor due to emergencies. The contractor is required to perform services on federal holidays. The contractor may find it necessary to deviate from the normal base hours of operation, to ensure timely completion of work under this PWS at no additional cost to the Government.

23.2. Any overtime or holiday pay that may be entitled to contractor personnel performing under this contract shall be the sole responsibility of the contractor and shall not be billed to nor reimbursed by the Government.

24. Bay Pines VAHCS, Tampa VAMC, Orlando VAMC and Lee County VAMC Closures - Work scheduled but not accomplished because of closure due to weather or unforeseen emergencies, shall be accomplished as soon as possible after reopening the medical center.

25. Personnel. The contractor shall be responsible for the administration and management of all aspects of contractor’s obligations under this contract. This includes responsibility for all contractor employees, subcontracts, agents, and anyone acting for or on behalf of the contractor.

25.1. The Government is authorized to restrict the employment under the contract of any contractor employee or prospective contractor employee, who is identified as a potential threat to the health, safety, security, general well-being, or operational mission of the facility and its population. If the Government exercises this right to restrict contractor personnel from providing services under this contract, contractor shall provide an acceptable substitute(s) at no additional cost to the Government.

25.2. Contractor’s personnel required on site at VA facilities must read, write, speak, and understand the English language, unless otherwise specified in this contract or agreed to by the Government.

25.3. The parties agree that the contractor’s personnel working as a result of this contract shall not be considered VA employees for any purpose and shall be considered employees of the contractor. The contractor shall be responsible for providing:

a. Workers Compensation.

b. Professional liability insurance.

c. Health examinations.

d. Income tax withholding, and,

e. Social Security payments.

26. Contracting Officer Representative (COR).

26.1. Bay Pines VAHCS shall assign a COR to represent the Contracting Office in providing technical guidance regarding the work being performed under this contract.

27. Government Furnished Property and Services

27.1. All items being given to the contractor are considered to be Government Furnished Property (GFP). Items being given to the contractor are separated by piece identified in Attachment A.

28. Contractor-Furnished Property and Services

28.1. Except for those items or services specifically stated as government-furnished, here or in the specific section of this PWS, the contractor shall furnish everything needed to perform this contract according to all its terms.

28.2. Itemized Receipt Forms. Contractor shall provide all necessary individual laundry tickets and itemized receipt forms (one for every pick-up day of the month to each pick/up and delivery location). An adequate stock of individual laundry tickets and itemized receipt forms shall be provided prior to contract start date and throughout the entire contract period.

29. Other General Information

29.1. Invoicing. Contractor shall submit monthly invoices via OB10/Tungsten system by the 5th business day of each month after services have been performed. Payment will be made via electronic payment directly to the contractor/vendor.

29.2. Normal Hours. Hours of operation are 06:00 – 5:30. The contractor may find it necessary to deviate from the normal base hours of operation, to ensure timely completion of work under this PWS at no additional cost to the government.

29.3. Holidays. If a scheduled pick up or delivery falls on the following observed holiday, the service shall be performed on the next workday:

30. Bioenvironmental Engineering/Hazmat Requirements

30.1. The contractor shall ensure all employees receive the necessary environmental, health, and safety training to ensure compliance with all Occupational Safety and Health Acts (OSHA), federal and local laws. The contractor shall protect the health and safety of employees and the community, minimizing the risk of environmental pollution.

31. Specific Tasks

31.1. Laundry Pick-up. Bay Pines shall provide drivers and transportation and will pick-up processed linens and return soiled linens to the contractor facility.

31.2. Contractor is responsible to track customer gross soil and item weight.

31.3. Damaged or Lost Laundry. Items damaged or lost by the contractor will be replaced with an identical or like item at the contractor’s expense within 14 business days from discovery. These replaced items must be accepted by the COR. Damaged (ripped/torn) or excessively stained linen shall be cleaned, marked, and packaged separately before returning to the Government.

31.4. Rejected Laundry. Laundry is rejected when it fails a quality assurance inspection at the time of delivery or when unpacked. Rejected laundry shall be returned to the contractor who shall re-perform and deliver cleaning by the next scheduled delivery day. The Government may reject by individual piece, package, or container. Any items found to have been unsatisfactorily laundered as determined by the contracting officer or the COR shall be re-laundered at no additional cost to the Government. The contractor is responsible for all necessary re-performance. Such items will be identified by the COR to the contractor’s representative after the unsatisfactory condition is discovered. The original laundry ticket shall be annotated that the item(s) are being returned for re-accomplishment. The item(s) shall be re-laundered and returned to the same exchange point within the same time standards that are required for first time washes. The contractor shall ensure that items are readily identifiable upon return to the Government as re-wash items, to include the date the linen was originally returned.

32. Total Items Delivered. The quantity delivered shall equal the quantity annotated on the original itemized receipt form. If any linen or laundry item is missing from a delivery, the contractor shall, on the same day the shortage occurs, issue an IOU (shortage) ticket to be redeemed by the end of the next regularly scheduled delivery. All accountable items not delivered within three (3) days from the original scheduled delivery date will be considered as lost. If the item cannot be replaced per paragraph 3.3 of this PWS, the contractor shall reimburse the Government or individual owner for the replacement cost of the item. The contractor is responsible for all loss or damage to Government property in their possession. The monthly total for items not delivered on the original scheduled day shall not exceed the daily variance detailed.

33. Service Summary The contractor shall maintain the specific critical standards listed in the following Service Summary. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. Remedies agreed upon by both the government and the contractor will be exercised throughout the period of this contract.

33.1. The performance threshold is a limitation per Task Order, per each month of the performance period of this contract.

PWS

PARAGRAPH(S)

PERFORMANCE

THRESHOLD

1. Cleaned to the required standard

Laundry is properly cleaned.

2. Packaging and Finishing Clean Linen Comply with packaging and finishing requirements.

3. Pick-up and delivery of laundry items on the designated days and times A. Pick-up and delivery of all laundry items on the designated days and times IAW the PWS.

B. All pick-up and delivery tickets submitted to the COR at the time of pick-up/ delivery.

4. Correct Quantities Returned Items returned match delivery ticket

5. Damaged, Salvaged and Lost Laundry Process damaged, salvaged and lost laundry as required in PWS.

6. Rejected Laundry Laundry items will be rejected if not cleaned to the standard required, IAW the PWS

7. Delivery vehicles are clean and secured, with no cross contamination All items shall be delivered IAW the PWS to avoid cross contamination.

36C24823Q0212

Page 1 of Page 1 of

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 items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such…