36C25919Q0201-001.docx

36C25919Q0201

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.

DUNS:

DUNS+4:

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 SI

GN 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. SIGN

ATURE 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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C25919Q0201 04-02-2019 David O'Rourke 918-577-3851 04-08-2019 12:00 noon CST 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

1011 Honor Heights Drive Muskogee OK 74401 X X 561720 $18 Million X N/A X Department of Veterans Affairs Sheridan VAMC Gillette CBOC Express Drive Gillette WY 82716 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

1011 Honor Heights Drive Muskogee OK 74401

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page This Request for Quote is a one (1) year base with four (4) Option Periods for Janitorial Services at the Gillette CBOC, in Gillette, WY.

Address listed in block fifteen (15) above.

See Price/Cost Schedule and the Statement of Work (SOW) for requested Services.

Preferred Response method: email david.orourke@va.gov Alt. Response method: mail to address listed in block nine (9) above, attn: David O'Rourke See CONTINUATION Page X X X Table of Contents

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 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

1011 Honor Heights Drive Muskogee OK 74401

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.

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 Performance Work Statement (PWS)

PERFORMANCE WORK STATEMENT

A. GENERAL REQUIREMENTS - SCOPE OF WORK:

1. The contractor shall furnish all labor, supervision, management/support, transportation, supplies, equipment and materials, except Government-furnished supplies, space and utilities as listed in this SOW to provide custodial services in the Gillette VA Primary Care Outpatient Clinic located at 604 Express Drive, Gillette, WY 82716. This building is 5930 square feet.

2. The areas to be serviced are of a sensitive nature due to the VA’s mission, and high degree of contact with the public. The time schedule is exceedingly important, as is a high degree of professional performance.

3. The contractor shall perform all cleaning tasks according to the schedule outlined in the CLEANING MATRIX at the end of the statement of work. Semi-annual services shall be performed according to the weekends specified on the cleaning matrix and in coordination with the Contracting Officer’s Representative (COR) and clinic manager.

4. Daily service is to be performed Monday through Friday and weekly service on Friday, between 4:30 pm and 9:00 pm or 5:00 am and 7:30 am or weekends during daylight hours except for Federal Holidays.

Federal Holidays observed by the clinic are:

5. The contractor shall supply all cleaning equipment and cleaning supplies needed to perform custodial services. The government will supply the following items:

· Toilet tissue

· Paper towels

· Sanitary napkins/feminine products

· Hand soap

· Plastic liners for trash cans

· Virex 256

· Spray Bleach

· Windex

B. SUPERVISION BY CONTRACTOR:

The Contractor shall identify the person who shall have responsibility for performance of this contract. This person is herein referred to as the Project Manager. The Project Manager shall be competent to supervise all aspects of this activity and shall be available on site within 24 hours after notification during performance of contract work. The COR shall be notified, in writing, of the name of the Project Manager and of changes in personnel appointed to fulfill this function or of substitution of personnel due to absence. The Project Manager shall, in the absence of the Contractor, act for the Contractor as Contractor’s Representative.

C. PERSONNEL QUALIFICATIONS AND REQUIREMENTS:

1. TRAINING:

a. To ensure competent and safe performance of the work under this contract, the Contractor and/or representative may not be assigned to work under the provisions of this contract until required training has been completed. This includes blood borne pathogen training, infection control training, SDS sheet instructions and training for hazardous communications for chemicals, etc., used in performance of the contract. Documentation verifying the content of such training and those personnel attending shall be transmitted to the COR within 15 days from the notice to proceed.

b. The Contractor shall plan developmental employee training sessions for all employees at a frequency of no less than once a quarter. Developmental training shall include but is not limited to the following areas:

(1) Updating in the areas referred to in the subparagraphs in Section a. above.

(2) Presentations on the subjects contained in the references listed in Quality Control/Quality Assurance Section.

(3) Records of all employee training shall be maintained by the Project Manager and submitted to the COR within 30 days of such training, to provide evidence that employees are competent to carry out their duties and responsibilities in a quality manner.

2. UNIFORMS AND EMPLOYEE IDENTIFICATION:

a. All Contractor’s personnel (except Project Manager) assigned to the performance of this contract shall wear appropriate clothing for custodial services, which is clearly distinguishable from those worn by Government staff on site.

b. Clothing shall be clean and maintained in good repair.

c. All persons assigned to the performance of the contract shall display above the waist a clearly readable name identification device, or Flash Badge, which shall be furnished by the Government.

3. PERSONAL HYGIENE:

The Contractor’s personnel shall be clean and neat in appearance. Fingernails shall be clean and free of dirt upon beginning work, and hair shall be kept clean and neat.

4. EXPOSURE TO HAZARDOUS WORKING CONDITIONS:

Contractor’s personnel may be required to perform work under potentially hazardous conditions. Contractor’s personnel shall be informed of potentially hazardous situations by Contractor, trained by Contractor in techniques required to recognize and deal with potentially hazardous situations in a manner which will minimize personal risk, and required to adhere to standard techniques for personal protection. Training as referenced above shall be completed by all personnel working under this contract.

5. MISCELLANEOUS:

a. Personnel rosters: Current written rosters of all regular and alternate employees shall be provided to the COR. Employees not listed shall not be allowed to work in the facility.

b. Eating/drinking or smoking by contract personnel are permitted in designated areas only.

c. The Contractor shall be responsible for compliance with all appropriate Joint Commission and OIG record keeping requirements.

d. The Contractor shall also be responsible for adhering to all requirements under the Privacy Act.

D. REPRESENTATIVE OF CONTRACTING OFFICER:

The Contracting Officer reserves the right to designate a representative to act for him/her in furnishing technical guidance and advice or generally supervise the work to be performed under this contract. Such designation will be in writing and will define the scope and limitations of the designee (COR)’s authority. A copy of the designation shall be furnished to the contractor (VAAR 852.270-1).

E. CONTRACTOR RESPONSIBILITIES:

The Contractor shall obtain all necessary licenses and/or permits required to perform this work. Contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. Contractor shall be responsible for any injury to self, employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by employee’s fault of negligence, and for a limit as required by the laws of the State of Wyoming. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, will not be the responsibility of the Contractor hereunder with the regard to any claims, loss, damage, injury and liability resulting therefrom.

F. CLEANING STANDARDS

1. Floor Maintenance: In all areas of the building, cleaning shall be done with mechanical vacuuming equipment, microfiber mops, or untreated dust mops. Cleaning shall be done in such a manner that no dust is raised. Floors shall be cleaned so that no dust or streaks remain on floors, in corners, behind doors or under furniture and equipment.

a. Tile or Linoleum or other types of flooring materials

(1) Mopping/Scrubbing: All black marks, stains, gum, etc., shall be removed daily. Floors shall be free of foul odor. Hard to reach places shall be mopped/scrubbed by hand. Movable fixtures (excludes any modular-type furniture/fixtures), furniture and equipment, including desks, chairs, tables, trash receptacles, business machines on rollers, etc., shall be moved, as required, during the dusting and wet mopping operations.

(2) Spot Mopping Standard: All spot mopping shall be done with a germicidal/detergent solution. Procedure for mixing of the proper amount of germicidal/detergent solution shall be in accordance with the manufacturer's instructions.

(3) Wet Mopping Standards: All wet mopping solutions shall be germicidal in content. Mopping solution shall be used in accordance with manufacturer's directions. Floors shall be free from soap film and mop streaks. Water seepage under baseboards, bumping baseboards and corners of furniture, and splashing water on baseboards or furniture shall not be permitted.

(4) Waxing/sealing Standard: Floors will be stripped and waxed yearly [the Friday night or Saturday morning of the 2nd weekend of June] using a wax that is at least 20% solids. Floors will have four coats applied with two additional coats applied at 6 months [the Friday night or Saturday morning of the 2nds weekend of December]. Weekly the floors will be buffed with a product like “snap back” to remove scratches, smudges. The floor should look shiny for the next work week.

b. Carpet Floors

(1) Vacuuming Standards: Except for areas indicated, vacuum cleaners shall be used for cleaning inside the building. Filters, accessories and the cleaners shall be maintained in the manner recommended by the manufacturer to assure maximum effectiveness in reducing the introduction of dust and microbes into the air. Vacuuming of floors shall be accomplished with a high-quality vacuum cleaner checking and changing bag frequently.

(2) Spot Cleaning: Spot cleaning of carpet is defined as the cleaning or shampooing of certain areas necessitated by heavy traffic patterns, accumulation of soil or spills of certain materials. Excess liquid or solid residue shall be removed with appropriate materials, and in large areas a wet pick-up vacuum shall be used if necessary.

(3) Shampooing: Shampooing shall be done on a semi-annual basis [the Friday night or Saturday morning of the 2nd weekend of June and December] so the carpets have ample time to dry prior to the next business day.

2. Dusting:

Dust cloths and other dusting tools shall be clean. Dusting shall be accomplished by use of non-treated cloth or paper products to avoid scattering of dust. Oil treatment is not permitted. Surfaces shall be free from dust after dusting is completed. The use of feather dusters and brushes is not permitted. All low dusting shall be done after the floors have been vacuumed or swept and the dust has settled. Wall and ceiling surfaces shall be cleaned by lamb’s wool/mohair/mutton hair dusting device or by commercially available disposable dusting device (e.g. Swiffer) or by vacuum using soft bristled attachment.

3. Light Fixtures:

Exposed light fixtures shall be washed with a sponge or clean cloth, dampened in a mild disinfectant solution and wiped dry with a clean cloth. The covers of incandescent and recessed lights shall be dusted inside and outside. All insects and other foreign materials shall be removed semi-annually.

4. Window Blinds:

All blinds shall be cleaned according to manufacturer’s recommended cleaning instructions. If no instructions can be found, the following methods shall be used: smooth surface blinds shall be washed in place using a soft, clean cloth dampened in a mild, neutral soap and water solution, rinsed and wiped dry with a clean cloth. A germicidal detergent disinfectant solution shall be used with each cleaning. Care shall be taken to avoid getting cords or tapes wet. All blind slats shall be left clean and free from streaks or smears or unwashed places. Cloth covered blinds shall be vacuumed periodically to keep them free of dust and other debris.

5. Interior Window Cleaning:

Cleaning solutions shall be of a type that shall not injure the frames or closing fixtures. A germicidal/detergent disinfectant solution shall be used with each cleaning. Cleaned windows shall be free of unwashed places on glass and as streak-free as possible. No water shall be spilled on sills, walls, furniture or equipment. Any blinds, furniture or office equipment moved in the washing process shall be repositioned and the windows and screens shall be secured by latches as found before the washing started. Hosing of windows shall not be permitted. Glass panels in doors, display cases and mirrors shall be cleaned using a free-rinsing detergent to present a neat, clear appearance always. Adjacent trim shall be wiped clean using damp wiping procedures.

6. Exterior Window Cleaning:

Exterior window cleaning will be cleaned on a semi-annual basis according to the cleaning matrix, and to the standards addressed above in the interior window cleaning paragraph.

7. Fixture Cleaning:

Every sink shall be properly cleaned including outer sides and underneath as needed and kept free of odors. Soap and paper towels shall be refilled.

8. Trash Removal:

Collected trash shall be promptly removed from all rooms in the clinic to include the front reception areas and the lunch areas and placed in exterior refuse containers. Filled trash carts shall not stand in hallways, or rooms. All trash containers shall contain a clean plastic bag insert. Trash carts, waste baskets, disposal cans and other trash containers shall be emptied and thoroughly cleaned and wiped dry.

9. Procedure Room:

Any room used or labeled as a procedure room must be cleaned according to specific instructions which are attached to this document. The specific instructions will be available for check-off and signature each day and provided to an assigned clinic staff person when completed.

10. Miscellaneous Cleaning:

(Scrubbing/Washing) Washing of doors, door frames and walls shall be accomplished to remove dirt.

G. CONTRACTOR REQUIREMENTS

1. Employee Training:

To ensure competent and safe performance of the work under this contract, the Contractor shall provide appropriate training to employees prior to the beginning of service under this contract. This includes blood borne pathogen training, MSDS sheet instructions and haz com for chemicals, etc., used in performance of the contract. A complete list of trainings is found in section C.1.a. of this document.

2. Work Requirements:

The Contractor is prohibited from employing, on this contract, any individual with an illegal immigration status.

3. Language Skills:

All employees and representatives of the Contractor must be fluent enough in the English language to read and understand chemical labels/signs and to converse intelligibly with the COR.

H. GOVERNMENT SURVEILLANCE

The Government shall appoint a Contracting Officer's Representative (COR) or Point of Contact (POC). The COR/POC is responsible for inspection and acceptance of the work performed under this contract. The COR/POC shall report deficiencies to the Contractor’s Program Manager. The Program Manager shall take immediate steps to correct all issues within the scope of work of the contract. If the Program Manager determines the action is not within the scope of work of the contract, the COR/POC shall report the facts of the event to the Contracting Officer who will work with the contractor to correct the deficiencies. Only the Contracting Officer has the authority to make changes to the specifications, price, terms and conditions of the contract. No service shall be performed, or action taken by the Contractor which is outside of the contract unless directed solely by the Contracting Officer and/or a written modification of the contract.

Page 1 of

CLEANING MATRIX

Gillette VA Primary Care Outpatient Clinic – 604 Express Drive, Gillette, WY 82716

1. All telephone receivers are sanitized daily

1. All chair arms are sanitized daily

· Clean water fountains

· Dust mop and wet mop all hard surface floors

· Dust work surfaces

· Spot clean doors, door frames, partitions, glass, and light switches

· Clean walk-off mats

· Spot clean carpets

· Polish bright metal surfaces including doors and surfaces in restrooms

· Vacuum all carpeted areas

· Clean off countertops and tables in lunch room / kitchen area

· Wipe out sinks located in kitchen area. Wipe outside of microwaves in kitchen area

1. All areas of the clinic not dusted daily are dusted weekly (high and low including door jambs, baseboards, pictures/frames, clocks, etc)

1. Heating vents cleaned monthly

1. Computer tower vents vacuumed monthly

1. Computer towers on floors are moved to clean floors under the towers monthly

1. Chair legs cleaned monthly

1. Computer monitors cleaned monthly

1. Clean floors in medical supply, medication storage, biohazard rooms- during business hours

QUARTERLY (Friday night or Saturday morning of the 2nd weekends in March, June, September and December)

· Dust entire wall surfaces, including vents and light fixtures SEMI ANNUALLY (Friday night or Saturday morning of the 2nd weekends in June and December)

1. Light fixtures (all) cleaned twice a year

1. Shampoo carpets

1. Wax/seal floors

OFFICES/

EXAM ROOMS

· Wipe down entire exam table (including foot controls) and pillows, raising table high to clean dirt and prevent mildew from forming

· Wipe down door knobs, switches/switch plates, doors, arm rests of chairs

· Spot clean cloth chairs as needed

· Clean sink, desks/work stations, under cabinets, sharps containers, paper towel holders

· Remove furniture and equipment (as possible) from each room

· Dust all surfaces that have not been wiped down, including but not limited to door jambs, pictures/frames, clocks, cabinet tops

· Scrub drips from hand soap dispensers by hand prior to cleaning floors

· Dust mop and wet mop hard surface floors

· Vacuum carpeted surfaces

· Pull garbage liners daily and sanitize cans

1. Windows in the offices/exam rooms shall be inspected and cleaned to present a neat, clear appearance

· Spot clean cloth chairs as needed

· Wipe down occasional tables straighten magazines

· Wipe down sink, fountains (inside and out), splash boards, cabinet for coffee

· Clean coffee pot

· Dust pictures

· Wipe down computer work station

· Glass entry doors will be cleaned of smudges and fingerprints

1. Windows in the lobby shall be inspected and cleaned to present a neat, clear appearance

· Wipe down patient countertop surface

· Wipe down telephone receivers

· Mop chair mats

· Glass entry doors will be cleaned of smudges and fingerprints

1. Dust all surfaces that have not been wiped down, including but not limited to door jambs, pictures, frames, clocks, baseboards, etc

· Phlebotomy chair sanitized

· Remove furniture and equipment (as possible)

· Wipe down all horizontal surfaces (draw station table, desk, etc.)

· Dust mop and wet mop

· Wipe down telephone receiver

· Wipe down door knobs, switches/switch plates

· Mirrors and paper towel dispensers are polished

· Clean and sanitize toilet bowls, toilet seats, urinals and sinks, wipe dry and polish fixtures

· Wipe down walls around toilet and sink

· Wipe down hand rails

· Dust mop and wet mop

· Dust walls

· Wash toilet wastepaper receptacles and doors

· Clean coffee pots

GILLETTE CBOC

HIGH TOUCH I

Bed rails

Tray Table

IV Pole

HIGH TOUCH II

Call box/button

Telephone

Bedside table

HIGH TOUCH III

Chairs

Room sink

Room light switch

Room inner doorknob

EQUIPMENT SURFACES

IV pump control

Monitor controls

Monitor touch screen

Monitor cables

Ventilator panel

Staff completing cleaning

B.3 QASP

Quality Assurance Surveillance Plan

I. QUALITY CONTROL/QUALITY ASSURANCE:

1. Quality Control: The Contractor shall have a quality control program to assure the requirements of this contract are provided as specified. One copy of the Contractor’s basic Quality Control Program shall be available for review by the pre-award survey team and submitted with the initial proposal. In addition to this basic Quality Control Program, an updated copy, which shall be incorporated into the contract, shall be provided to the COR by the start date and as changes occur. The program shall include, but shall not be limited to the following:

a. An inspection system covering the services listed in the Cleaning Matrix shall specify areas or work to be inspected on either a scheduled or unscheduled basis.

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

c. A system to record all inspections conducted by the Contractor and corrective action taken. These documents shall be made available to the Government during the term of the contract.

2. Quality Assurance: The Government will monitor the Contractor’s performance under this contract using the quality assurance procedures in the surveillance plan.

3. Pre-award Survey of Prospective Contractor: Prospective Contractor may be contacted by the CO to determine financial and technical capability to perform. As a minimum, Contractor shall address the items of information listed below. A written copy of the presentation with the backup data below shall be submitted to the contracting officer 5 workdays before the presentation.

a. Start-up and phase-in schedule.

b. Letters of intent and resumes for key personnel.

c. Availability of labor force, and/or plan for recruiting.

d. Type and extent of training.

e. The role of the project manager and the extent of his/her authority.

f. Organizational and functional charts reflecting lines of management responsibility.

g. Manning charts in a format requested by the contracting officer (only to be used to ensure that contractor understands the workload).

h. Plans and management procedures for logistical and administrative support of all functions; that is, contractor furnished supplies and equipment and procedures for timely payment of personnel.

i. Procedures to be used to ensure contract requirements are met (quality control program)

j. Corporate experience, as evidenced by past and present contracts.

4. Procedures Manual: The Contractor’s basic manual shall be available for review by the Pre-award Survey Team and approved by the COR and CO before award of contract. This manual shall be a comprehensive description of Contractor’s procedures and designed for Contractor’s personnel for general reference purposes. It shall contain all procedures necessary to perform complete services required by the contract. The approved basic manual shall be adapted to the facility prior to start of contract performance and updated as changes occur. This document shall be provided to the COR prior to the start of work, and updates shall be provided as they occur during the term of the contract.

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

Janitorial services at the Gillette CBOC Contract Period: Base POP Begin: 05-01-2019 POP End: 04-30-2020

Janitorial services at the Gillette CBOC Contract Period: Option 1 POP Begin: 05-01-2020 POP End: 04-30-2021

Janitorial services at the Gillette CBOC Contract Period: Option 2 POP Begin: 05-01-2021 POP End: 04-30-2022

Janitorial services at the Gillette CBOC Contract Period: Option 3 POP Begin: 05-01-2022 POP End: 04-30-2023

Janitorial services at the Gillette CBOC Contract Period: Option 4 POP Begin: 05-01-2023 POP End: 04-30-2024

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(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 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(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 clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

JUL 2016

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days.

(End of Clause)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

JAN 1991

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause) C.6 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be…