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36C26123Q0037
PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
UEI:
EFT:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
36C261-22-AP-5851
459-23-1-632-0005 36C26123Q0037 10-11-2022 James Postell
702.791.9000 x18936 10-24-2022
10AM
PDT
00261 Department of Veterans Affairs Network Contracting Office 21 VA Southern Nevada Healthcare System 6900 N. Pecos Road, Building 6 North Las Vegas
NV
89086 X X 561720 $19.5 Million N/A X Department of Veterans Affairs VA Pacific Islands Healthcare System 46-001 Kamehameha Hwy Kaneohe
HI
96744 00261 Department of Veterans Affairs Network Contracting Office 21 Southern Nevada Healthcare System 6900 N. Pecos Road, Building 6 North Las Vegas
NV
89086
Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin
TX
78714-9971 See CONTINUATION Page This requirement is for Janitorial Services at the Windward Community Based Outpatient Clinic.
Period of Performance: 11/16/2022 - 11/15/2023 See CONTINUATION Page X x Jennifer Sarraga Contracting Officer Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 PRICE/COST SCHEDULE | 4 |
| ITEM INFORMATION | 4 |
| SECTION C - CONTRACT CLAUSES | 19 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 19 |
| C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 25 |
| C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 25 |
| C.4 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018) | 25 |
| C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) | 26 |
| C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 27 |
| C.7 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION) | 28 |
| C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 30 |
| C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 30 |
| C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION) | 31 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 39 |
| SECTION E - SOLICITATION PROVISIONS | 40 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 40 |
| E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 46 |
| E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 49 |
| E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION) | 51 |
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 36C261 Jennifer Sarraga Department of Veterans Affairs Network Contracting Office 21 VA Southern Nevada Healthcare System 6900 N. Pecos Road, Building 6 North Las Vegas NV 89086
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [X] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [x] Monthly 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:
| AMENDMENT NO |
| DATE |
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12.00 |
| MO |
| __________________ |
| __________________ |
Perform Janitorial Services as outline in the Performance Work Statement.
Contract Period: Base POP Begin: 11-16-2022 POP End: 11-15-2023 PRINCIPAL NAICS CODE: 561720 - Janitorial Services PRODUCT/SERVICE CODE: S201 - Housekeeping - Custodial Janitorial
MANUFACTURER PART NUMBER (MPN): N/A
| 12.00 |
| MO |
| __________________ |
| __________________ |
Perform Janitorial Services as outline in the Performance Work Statement.
Contract Period: Option 1 POP Begin: 11-16-2023 POP End: 11-15-2024 PRINCIPAL NAICS CODE: 561720 - Janitorial Services PRODUCT/SERVICE CODE: S201 - Housekeeping - Custodial Janitorial
MANUFACTURER PART NUMBER (MPN): N/A
| GRAND TOTAL |
| __________________ |
Performance Work Statement Janitorial Services for Windward Community Based Outpatient Clinic
SCOPE
Contractor shall furnish all necessary management, supervision, labor, tools, equipment, material, supplies and consumable to provide janitorial services.
Department of Veterans Affairs Community Based Outpatient Clinic(CBOC) Address: 46-001 Kamehameha Hwy, Kaneohe, HI 96744 Total Square Footage: 8,626 For Base Plus one (1) Option Year Base: 11/16/22 - 11/15/23
OY1: 11/16/23 - 11/15/24
A.1. BASIC CLEANING SERVICES
The contractor shall accomplish all cleaning tasks in keeping with industry standard to meet requirements of this SOW and the minimum cleaning frequencies establish herein. Contractor shall have no more than five COR documented customer complaints per month, per section.
A.1.1. ACRONYM: CO – Contracting Officer; COR – Contracting Officer’s Representative; VAMC – VA Medical Center.
A.1.2. Hours of Operation: Cleaning of this facility shall take place Monday through Friday between the hours of 0600 and 1800 except Federal Holidays. The CBOC staff and security guard will be on site during this time frame. The COR must approve any changes to the contractor’s schedule in advance.
A.1.3. Maintain Floors: All floors, except carpeted areas, shall be swept, dust mopped, damp mopped, wet mopped, dry buffed and spray buffed as needed to ensure they have uniform, glossy appearance and are free from dirt, debris, dust, scuff marks, other stains and discoloration , and other foreign matter. Baseboards corners, and wall/floor edges shall also be clean. All floor maintenance solutions shall be moved to maintain floors underneath these items. All moved items shall be returned to their original and proper position.
A.1.4. Remove of Trash: All trash containers shall be emptied and returned to their initial location. Boxes, cans, and papers placed near a trash receptacle and marked “TRASH” shall be removed. Any soiled or torn plastic trash receptacle liners shall be replaced. The trash should be deposited in the nearest outside trash collection container. Trash receptacles shall be left clean, free of foreign matter and free of odors.
A.1.5. Clean and Disinfect: Completely clean, disinfect and polish all dry surfaces of exam tables, drinking fountains, sinks and plumbing fixtures. After cleaning, receptacles will be free of deposits, dirt, streaks and odors.
A.1.6. Clean Interior Glass/Mirror: Clean all interior glass in doors, partitions, walls, display cases, directory boards, etc. After glass cleaning, there shall be no traces of film, dirt, smudges, water or other foreign matter.
A.1.7.1. Clean Floor Tiles: Spot clean tiles over an area of two square feet or less. Spots shall be removed immediately.
A.1.7.2. Vacuum and Clean Floor Mats: Vacuum and clean interior and exterior floor mats. After vacuuming or cleaning, mats shall be free of all visible lint, litter, soil and other foreign matter. Soil and moisture underneath mats shall be removed, and mats returned to their normal location.
A.1.8. General Spot Cleaning: Perform spot cleaning on a continual basis. Spot cleaning includes, but is not limited to, removing or cleaning smudges, fingerprints, marks, streaks, spills, etc. from washable surfaces of walls, partitions, vents, grillwork’s, doors, door guards, door handles, push bars, kick plates, light switches, temperature controls and fixtures. After spot cleaning, the surface shall have a clean, uniform appearance, free of streaks, spots, and other evidence of soil.
A.1.9. General Dusting: All horizontal surfaces shall be dusted or cleaned to eliminate dust collection.
A.2. BASIC RESTROOM CLEANING SERVICES
The contractor shall accomplish all cleaning task to meet the requirements of this SOW and the minimum cleaning frequencies established herein. Contractor shall have no more than five COR documented customer complains per month, per section.
A.2.1. Clean and Disinfect: Completely clean and disinfect all surfaces of sinks, toilet bowls, urinals, lavatories, dispensers, plumbing fixtures, partitions, doors, walls and other such surfaces, using a VA approved and environment safe germicidal detergent. After cleaning, receptacles will be free of deposits, dirt, streaks and odors. Disinfect all surfaces of partitions, stalls doors, entry doors (including handles, kick plates, ventilation grates, metal guards, etc.), and all wall areas adjacent to wall mounted lavatories, urinals and toilets.
A.2.2. Descale Toilets Bowls: Descaling shall be performed monthly at a minimum and as often as needed to keep areas free of scale, soap films, and other deposits. After descaling, surfaces shall be free from streaks, stains, scale, scum, urine and rust stains.
A.2.3. Sweep and Mop: After sweeping and mopping, the entire floor surface, including grout, shall be free from litter, dirt, dust and debris. Floors shall have a uniform appearance without streaks, swirl marks, detergent residue, or even an evidence of soil, stain, film or standing water. Movable items shall be tilted or moved to sweep and damp mop underneath. If required floors shall be stripped, scrubbed, waxed, etc. as necessary to maintain sanitary conditions and a clean, uniform appearance.
A.2.4. Stock Restroom Supplies: Contractor shall ensure restrooms are stocked sufficiently so that supplies, including soap for the soap dispenser, paper towels, toilet seat cover and toilet paper, do not run out. Supplies shall be stored in designated areas. No overstocking shall be allowed. If supplies run out prior to the next service date, the contractor shall refill within (5) hours of notification.
A.3. PERIODIC CLEANING SERVICES
A.3.1. Strip, Scrub and Wax Floors: Strip, scrub, seal and wax floors as necessary to maintain a uniform glossy appearance. A nonskid wax is required. A uniformed, glossy appearance is free of scuffmarks, heel marks, wax build-up, and other discoloration.
A.3.2. Clean Interior Windows: Clean glass surfaces that are over seven (7) feet high. After surfaces have been cleaned, all traces of film, dirt, smudges, water and other foreign matter shall be removed from frames, casings, sills and glass.
A.3.4. Cleaning Solutions: All cleaning solutions shall be removed from baseboards, furniture, trash receptacles, chairs and other similar items. Chairs, trash receptacles and other items shall be moved to clean carpets underneath and returned to their original location.
A.3.5. Exam Rooms / Procedure Room Cleaning: All floors shall be cleaned and maintained per acceptable industry standards that reduce the risk of cross contamination to patients and staff.
A.4. EMERGENCY OR SPEACIAL EVENT CLEANING SERVICES
Upon notification, the contractor shall perform emergency or special event cleaning required in any building, area or room covered under this contract. The contracting officer shall order cleaning services through the issuance of a delivery order for the appropriate and required work/task. Contractor shall begin emergency work, as determined by the COR and the Contracting Officer, within one hour of notification, which may be verbal. The contracting officer or designated representative will notify the contractor as soon as a special event requirement is known, but no less than twenty-four (24) hours prior to the event. Completion schedule will be determined for each delivery order.
A.5. CONTRACTOR FURNISHED ITEMS
All equipment, supplies (including paper towels, toilet paper, soap, etc.) are to be contractor-furnished. Contractor is responsible for having a chemical inventory on hand and Safety Data Sheets (SDS) at the VA Facility for all chemicals and cleaning agent used. Contractor will not use or bring in any chemical agent to the VA Facility without an SDS. The following are cleaners and germicides that have been approved by the VA Infection Control Committee and may be used for this contract: Pine Oil Soap Concentrated, Sanichlor (for toilet), Envy (for counters), Sanifresh, Stainless-Steel Cleaner (for sink), Spearmint Germicidal Cleaner (for floors), Lysol I.C. Antimicrobial Soap (for hand washing).
A.6. GOVERNMENT FURNITURE ITEMS
The government will provide one room for contractor’s use.
A.7. CONTRACTOR STAFF REQUIREMENTS
A.7.1 The contractor shall be responsible for ensuring all employees receive training appropriate for work in a medical office setting, for maintaining patient privacy, and have the appropriate background investigation completed. Any staff assigned for the performance of this contract shall have the ability to speak and read fluently in English. Reasonable accommodation will be provided whenever possible for a contractor employee with disabilities (i.e. hearing impaired, etc.).
A.7.1.1. The contractor is responsible for ensuring that janitorial personnel are trained in the proper utilization of personal protective equipment, wear such equipment as appropriate while cleaning, and are trained in proper cleaning procedures.
A.7.1. Shift Leader: The contractor shall appoint a supervisor for the work being performed under the terms of this contract. The supervisory housekeeper will be able to respond to the clinic site within 1.5 hours of notification by the COR.
A.7.2. Personnel Roasters: Current written rosters of all regular and alternate employees will be provided to the CO and COR. Employees not listed will not be allowed to work in the facility. (Also see paragraph A.7.5) A.7.3. Alternate / Backup Employees: The contractor shall ensure sufficient backup employees are trained and have the appropriate background investigation completed.
A.7.4. Employee Physical Examination: Contractor’s employees are required to have a physical examination prior to work on this contract. Each employee is expected to be in good physical health and able to work in patient care areas without risk to the patients. No personnel shall be assigned to this contract that are not in good physical health or pose a risk to patients. Contractor’s personnel who acquired a communicable illness shall not perform service under this contract and shall be free of illness before returning to work.
A.7.5. Employee Background Investigations: Contractor’s employees are required to have a background investigation initiated prior to performance on this contract. Please submit a list of employee names (first, middle and last); social security numbers; date of birth; place of birth; country of birth; and email address. Please also identify a contractor point of contact (POC); POC (business) address; POC phone number; and POC email address.
A.7.6. The contractor is ultimately responsible for the background investigation. Notification will be sent via email if additional information is needed, and the contractor must respond.
A.7.6.1. The contractor will be billed for each background investigation.
A.7.7. Records: Records of all employees training shall be maintained by the contractor and made available to the COR upon request.
A.7.8. Miscellaneous: Contractor personnel shall not consume food, snack, drinks or to tobacco products except during specified break periods in appropriate designated break/smoking areas. Unauthorized smoking, eating, theft or pilferage by contractor personnel shall constitute adequate cause for the Government to require the contractor immediately remove the offender(s) from employment on the medical facility premises for the duration of this contract.
A.8. QUALITY CONTROL/ QUALITY ASSURANCE
A.8.1. Quality Control: The contractor shall develop and maintain a quality program to ensure custodial services are performed in accordance with commonly accepted commercial practices. The contractor shall develop and implement procedures to identify, prevent and ensure non-recurrence of defective services. At a minimum, the contractor shall develop quality control procedures addressing the areas identified in sections A.1., A.2., A.3. and A.4. In compliance with clause FAR 52.246-4 entitled “Inspection of Services” the contractor shall provide a Quality Control Plan that contains, at a minimum, the items listed in paragraph A.8.1.1. through A.8.1.4. to the contracting officer for acceptance not later than the pre-performance conference. The contracting officer will notify the contractor of acceptance or required modification and obtain acceptance of the plan by the contracting officer before the contract start date. The plan shall include:
A.8.1.1. A description of the inspection system to cover all services specified in the statement of work. Description shall include specific as to areas to be inspected on both a scheduled and unscheduled basis, frequency of inspections, and the title and organization placement of the inspectors. Additionally control procedures of any government provided keys or lock combinations should be included.
A.8.1.2. A description of the methods to be used for identifying and preventing defects in the quality of service performed.
A.8.1.3. A description of the records to be kept to document inspections and corrective or preventive actions taken.
A.8.1.4. The records of inspections shall be kept and made available to the government throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract.
A.8.2. Contractor Quality Control Program: Contractor shall have a quality control program to assure all requirements of the contract are provided as specified. The program shall be continuously improved and is therefore documented in loose-leaf manual format. The program shall include, but is not limited to, the following:
A.8.2.1. Written work instructions/procedures, and product descriptions to implement contractual obligations. The preparation and maintenance of, and compliance with, these instructions shall be audited as a function of the Contractor’s Quality Program to assure compliance with or timely changes to the instructions. The COR shall be on document distribution for all formalized changes to the Contractor’s Quality Control Program. The COR will request corrective action to improve the quality of patient care or cure damage to the facility.
A.8.2.2. An inspection system covering the HAMS services stated in the Statement of Work. This inspection system shall include at a minimum, daily sampling inspection of the rooms.
A.8.2.3. A method of early detection and correction of assignable conditions adverse to the quality of service, to include analysis or corrective action records (including customer complaints) in order to determine causes of defects. This method will include providing timely written explanation/documentation of the defectiveness and correction of cause in respond to Government corrective action requests also include bacteriological monitoring when necessary.
A.8.2.4. Written work instructions in accordance with paragraph A.8.2.1. for maintenance and use of inspection records and audit documentation. The quality control program shall assure the records are complete and reliable. Reliable records are objective evidence of the existing or past quality of service.
A.8.2.5. Written work instruction in accordance with paragraph A.8.2.2. to implement quality trend analysis and documentation of management action taken as a result of the analysis of quality data (including contractor and government records, complaints and audit result).
A.8.3. Quality Assurance Monitoring
a. The Government will monitor the contractor’s performance to assure that the performance thresholds and standards of performance are met in accordance with the statement of work. In accordance with FAR 52.212-4 (a) “Inspection/Acceptance” 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.
b. The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance standards describe the minimum acceptable level of the service required for each task. These thresholds are critical to mission success.
c. The Government COR will evaluate the services required by each task order to ensure compliance.
d. The contractor shall perform all work required by the task orders in a satisfactory manner in accordance with the appropriate SOW task order sheet. The COR will not consider the task completed until all deficiencies have been corrected.
e. The Government COR will inspect all work task required by the task order sheet to ensure contract performance on a monthly basis utilizing the attached work inspection sheet.
f. The Government COR will receive complaints from facility personnel and pass them on to the contractor’s quality inspector for correction.
g. The inspection period is monthly with twelve one-month periods during the year. Inspection period will be from the first of the month through the last day of the month. The COR should receive no more than (5) complaints. The COR will record results of the inspection, noting the date and time of the inspection. If inspection indicates unacceptable performance, the COR will notify the supervisor or quality inspector. The contractor shall be given two hours after notification during shift hours to correct the unacceptable performance. Report period is monthly. However, complaints are by task.
h. More than (5) COR documented complaints during the report period will result in a decrease of the monthly billing of one percent (1%) by facility at the end of the report period.
A.9. BUILDING SECURITY AND CONSERVATION
A.9.1. Instructions will be provided during the post-award orientation conference prior to commencement of work.
A.9.2. Written work instructions are required to implement the requirement for building security. The contractor shall be provided keys or allowed access to all buildings and rooms/areas requiring cleaning. Keys to the clinic area will be provided during the post award orientation conference. The Government may choose to accompany contractor personnel when in certain secured areas. Keys provided to the contractor shall not be duplicated or removed from the premises of all the VAMC. All keys not issued for the day shall be retained in the designated locked key box. Only shift leaders will be issued a master key and it shall be in their possession white they are on duty. The contractor shall be responsible for immediately reporting the occurrence of a lost key to the COR or the Chief of Safety & Security. The Government at the contractor’s expense (including rekeying all doors that were affected by the lost key) shall replace any key lost by contractor personnel. In the event a master key is lost or duplicated, the Government shall replace all locks and keys on that system and the total cost deducted from the monthly payment due the contractor. If a standard key is lost, the Government shall replace the lock for that room and the total cost deducted from the monthly payment due the contractor.
A.9.3. Contractor’s employees shall not allow anyone use of any key in their possession. They shall not open locked rooms or areas to permit entrance by persons other than contractor employees performing assigned duties. All rooms/areas unlocked for cleaning shall not be left unattended during the cleaning process and shall be locked by contractor personnel after completion of cleaning duties.
A.9.4. If any difficulty is encountered in keeping areas locked or windows closed, the COR shall be notified.
A.9.5. Contractor personnel shall turn off all lights they turned on when entering an area.
A.9.6. The contractor shall provide evidence that its employees are trained for providing janitorial services for healthcare facility in all aspect of cleaning and in the use of all chemicals utilized by the contractor. The contractor shall ensure that a minimum of 20 hours job specific training is conducted per year. Training shall include the following:
A.9.6.1. Minimum Contractor-Furnished Training: Initial training shall cover the following topics listed 29 Code of Federal Regulation (CFR) (Labor) 1910.1-1910.1450 and include the item listed below. Training should not be less than full days.
A.9.6.2. General orientation of basic bacteriological concepts, including the basics of how disease is caused and transmitted, how it can be prevented, reduced or contained through proper environmental sanitation methods.
A.9.6.3. Infection control orientation, relating duty functions to the technical provisions of this specification.
A.9.6.4. Proper use and handling of germicidal detergents, supplies and equipment.
A.9.6.5. Care and maintenance of contractor and government furnished properly.
A.9.6.6. Familiarization with local fire prevention and safety procedures.
A.9.6.7. Familiarization with applicable facility policies/regulations and their effect on sanitation services.
A.9.6.8. Familiarization with the contractor’s procedures manual A.9.6.9. Individual duties and responsibilities A.9.6.10. Procedures for replenishing cleaning supplies and obtaining equipment repair.
A.9.6.11. Role of contractor’s personnel in the facility and their impact on patient care A.9.6.12. Techniques/methods for measuring quality of work performance.
A.9.6.13. Basic orientation to the facility, function, mission, goals A.9.6.14. Facility emergency fire and disaster program A.9.6.15. Hazardous Communication Standard A.9.6.16. Utility Operation A.9.6.17. Standard Precautions A.9.6.18. Emergency Preparedness A.9.6.19. Body Mechanics/Lifting A.9.6.20. Accident Reporting A.9.6.21. Sexual Harassment A.9.6.22. Ethics A.9.6.23. Refresher Training: The contractor is required to provide employees annual refresher training within 30 days of the exercise of each option year. Records of all employee refresher training shall be maintained by the contractor and submitted to the COR within 30 days of such training to verify that refresher training has been accomplished. The contractor shall notify the COR as to when new annual training is required.
A.9.6.24. Developmental Training: The contractor shall plan for developmental employee training session for all employees at a frequency of no less than monthly. At all times the contractor shall maintain a current series of three-monthly programs. The proposed initial program plans, including topical outlines with a brief statement of content and approximate length of programs, shall be available for review by the CO prior to award. Developmental training shall include, but not be limited to, updating in the areas referred to in section D.11. and developmental topics such as communication, individual behavior, group behavior and motivation.
A.10. SAFETY REQUIREMENTS
A.10.1. The contractor shall take safety precautions as are necessary to protect the lives and health of the occupants of the building during performance of contract requirements. The contractor shall immediately correct any fire and safety deficiencies caused by his/her personnel.
A.10.2. Handling of Infectious Medical Waste (“Red Bag” Waste and Sharps”) Containers: The contractor’s employees may be required to collect biohazard” Red Bag” waste and solid, enclosed “Sharps” containers from the medical facility exam and treatment rooms, and to deposit the bags and containers in designated biohazard waste containers (usually located outside and at the rear of the facility in a locked cage or storage facility).
A.11. QUALIFYING CORPORATE EXPERIENCE REQUIREMENTS
Offers will be considered only from firms who are, in the judgment of the contracting officer, well-established in the janitorial business, are financially responsible and able to show evidence of resources, experience and qualifications necessary to render service under the contract.
A.12. DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)
A Representative of the contracting Officer (COR) will be designated to represent the Contracting Officer in furnishing technical guidance and advice under this contract. The foregoing is not to be construed as authorization to interpret or furnish advice and information to Contractor relative to the financial or legal aspect of the contract. Those matters are the responsibility of the Contracting Officer and shall not be delegated.
A.13. The contracting Officer is responsible for the administration of this contract. The Contracting Officer is the only individual authorized, to extent indicated in this contract, to take actions on behalf of the Government, which may result in changes in the contract terms, to include deviation from the statement of work, details, and performance schedules. Communications pertaining to contractual matters shall be addressed to the Contracting Officer. No changes in or deviation from the scope of work shall be affected without a written modification to the contract executed by the Contracting officer. No oral statements of any person whosoever will in any matter or degree modify or otherwise affect the terms of this contract.
A.14. SITE SPECIFIC REQUIREMENTS
A.14.1 DAILY
a. Empty trash receptacles in accordance with paragraph A.14.
b. Dust mop and Damp mop in accordance with paragraph A.13.
c. Spot clean and vacuum all carpeted areas in accordance with paragraph A.1.7. through A.1.7.2.
d. Clean glass / mirror in accordance with A.1.6.
e. Disinfect exam tables, sink and drinking fountains in accordance with paragraph A.1.5.
f. Disinfect cabinets in exam rooms, top of shelves: free standing gooseneck light fixtures, and vinyl chairs.
g. Clean and restock restrooms in accordance with section A.2.
h. Clean the entrance walkways and stairways.
A.14.2. WEEKLY (FRIDAYS)
a. Spot clean all walls, doors and frames.
b. Clean storage areas, clean, organize and restock janitorial storage area.
c. Clean elevator walls, doors and floor.
d. Clean and vacuum vents, fans and upholstered furniture.
e. Descale restrooms in accordance with paragraph A.2.2.
A.14.3. QUARTERLY SERVICES (FEBRUARY, MAY, AUGUST, AND NOVEMBER – FIRST WEEK)
a. Clean the air conditioning registers and clean the ceiling tile next to the registers.
b. Strip and wax all floors. In the exam rooms, furniture must be removed prior and then replaced. Baseboards shall also be cleaned.
A.14.4. SEMIANNUALLY (MARCH AND SEPTEMBER-FIRST WEEK)
a. Wash inside and outside of all windows and clean all screens.
b. Clean all upholstered furniture (upstairs and downstairs)
A.14.5. ANNUALLY (NOVEMBER-FIRST WEEK)
Wash all Venetians blinds (or windows covering): vacuum all drapes in place.
A.14.6. TERMINAL CLEANING (AS REQUIRED) TO CONTROL THE SPREAD OF INFECTIONS FOR COVID EXPOSURE, BLOOD SPILLS, FECES, AND BED BUGS.
a. A cleaning method used in healthcare environments to control the spread of infections. Terminal cleaning methods usually include removing all detachable objects in the room, cleaning lighting and airduct surfaces into ceiling, and cleaning everything downward to the floor. Items removed from the room are disinfected or sanitized before being returned to the room. Performed in clinical exam/treatment areas when it has been determined that a patient is infectious with a high-risk communicable disease.
NARA Records Management Language for Contracts (May 2017):
https://www.archives.gov/records-mgmt/handbook/records-mgmt-language.html
RECORDS MANAGEMENT OBLIGATIONS
A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.
B. Definitions “Federal Record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.
The term Federal record:
1. includes [Agency] records.
2. does not include personal materials.
3. applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.
4. may include deliverables and documentation associated with deliverables.
C. Requirements The following standard Items relate to records generated in executing this contract and should be included in a typical contract where records could possibly be created, maintained or dispositioned:
1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.
2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.
3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.
4. [FACILITY] and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [FACILITY] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.
In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [FACILITY]. The agency must report promptly to NARA in accordance with 36 CFR 1230.
5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [FACILITY] control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).
6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [FACILITY] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.
7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with [FACILITY] policy.
8. The Contractor shall not create or maintain any records containing any non-public [FACILITY] information that are not specifically tied to or authorized by the contract.
9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.
10. The [FACILITY] owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which [FACILITY] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.
11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.
[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] D. Flow down of requirements to Subcontractors
1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.
2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.
VHA Supplemental Contract Requirements for Combatting COVID-19
1. Contractor employees who work in or travel to VHA locations must comply with the following:
a. Documentation requirements:
1) If fully vaccinated, contractors shall show proof of vaccination.
i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.
2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.
3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.
4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.
2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.
a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.
3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.
1. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.
36C26123Q0037
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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…
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