HC Janitorial.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 29 Offeror to complete blocks 12, 17, 23, 24, & 30 468182

2. CONTRACT NO. 3. AWARD/

EFFECTIVE DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION

ISSUE DATE

10/14/2010

7. FOR SOLICITATION

a. NAME

b. TELEPHONE (No Collect Calls)

8. OFFER DUE

DATE/LOCAL TIME

4:30 PM

INFORMATION CALL ⇒ Leslie Solberg 530-252-6657 10/27/2010

9. ISSUED BY (MAIL OFFERS TO) CODE 10. THIS ACQUISITION IS

UNRESTRICTED

SET-ASIDE.100% FOR

SMALL

BUSINESS,

HUBZONE SMALL

BUSINESS

8(A)

SOLE SOURCE

NAICS: 561720

SIZE STANDARD: $16.5

Million

11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

MARKED.

12. DISCOUNT TERMS

Sierra Cascade Province Acquisitions 2550 Riverside Drive Susanville, CA 96130

FAX: (530) 252-6408

lsolberg@fs.fed.us

SEE SCHEDULE

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

Hat Creek Ranger District 43225 E. Highway 299 Fall River Mills, CA. 96028

Same as Block 9

17a.

CONTRACTOR/OFFEROR

CAGE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

DUNS#____________________

Hat Creek Ranger District Attention: Iris McCormick 43225 E. Highway 299 Fall River Mills, CA. 96028

TELEPHONE: TIN: 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

IS CHECKED: SEE ADDENDA

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Janitorial Services, Hat Creek Ranger District

1 Base Year, Fiscal Year 2011 (11/01/2010 – 09/30/2011) 11 Mo. $_________ $_____________

Option Year 1 – Fiscal Year 2012 (10/01/2011 – 09/30/2012)

Option Year 2 – Fiscal Year 2013 (10/01/2012 – 09/30/2013)

Offers due by COB: 10/27/2010 Mail or Fax to Block 9, Attention: Leslie Solberg

Mo.

Mo.

(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 and ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 AND ADDENDA ARE ARE NOT ATTACHED.

28.

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ORIGINAL TO ISSUING OFFICE.

CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29.

AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION (BLOCK 5), DATED

(BLOCK 30c) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE 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 31c. DATE

SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (Rev. 4/2002) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA FAR (48 CFR) 53.212

STATEMENT OF WORK

The Contractor shall perform janitorial duties in the Hat Creek Ranger District Office located at 43225 E. Highway 299, Fall River Mills, CA. 96028. The Contractor shall provide all transportation, labor, equipment, supervision, materials, and supplies, except those listed as Government Furnished Property, for the performance of this contract. Standard janitorial practices and proper use of cleaning materials and equipment are required.

1. Hours of Operation. Services shall be provided 5 days each week, Sunday through Thursday, except Federal holidays, after working hours, between 6 pm to 6 am, unless otherwise agreed. Prior approval of the Contracting Officer (CO) is required before any work may be performed on weekends or Government holidays.

In the event services are not provided or required because the facility is closed due to inclement weather, unanticipated holidays declared by the President, failure of the Congress to appropriate funds, etc., the CO shall either:

a) Direct the Contractor to perform the work contractually specified over a number of immediately subsequent day(s) equal to the duration of the shutdown, or

b) Forego the work and reduce payment due to the Contractor for work not performed. The deduction rate in dollars per day shall be equal to the per month fixed price divided by 21 days per month and then multiplied by the number of days services were not provided. Appropriate adjustments will be made by the CO in the event services are provided for portions of days, or

c) Reschedule the work on day(s) satisfactory to both parties. Except as noted in the schedule of work, work shall not be required on the following holidays:

New Year’s Day Martin Luther King, Jr.’s Birthday Presidents’ Day Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

2. Supervisory Personnel. The Contractor shall designate an on-site supervisor who shall be responsible for the conduct and competent performance of work. An equally qualified alternate supervisor shall be provided to act on behalf of the supervisor during his/her absence. The supervisor and alternate shall be designated as key personnel and be able to read, write, speak, and understand English, and have full authority to act for the Contractor. The Contractor shall provide the telephone number of the supervisor and alternate to the CO within ten calendar days after award of the contract. The Contractor shall immediately notify the Contracting Officer’s Representative (COR) and CO in writing when a decision to terminate an employee has been made.

Performance Standard: The supervisor or alternate shall be on-site and accessible during the working hours 6 pm to 6 am.

Performance Measurement: The Government will document, in writing, those instances where the supervisor or alternate have not responded to calls or are not available to meet.

3. Quality Control Program. The Contractor shall establish a Quality Control Program to ensure the requirements of the contract are met. It shall be submitted to the CO as part of the bid package prior to award of the contract. Any amendments shall be submitted to the CO for approval at least ten days prior to their proposed implementation. The quality control program shall, at a minimum, include:

a) An internal inspection system covering all the services performed including a checklist that will specify areas to be inspected by Contractor personnel on either a scheduled or unscheduled basis and the title of the individual(s) who will do the inspection.

b) A method for identifying deficiencies in the quality of services performed and for proposing any corrective action to be taken.

c) A method for ensuring that all keys and security access codes issued to the Contractor by the Government are not lost, misplaced, and are not used by unauthorized persons.

d) A file of all inspections conducted by the Contractor and the corrective actions taken. This documentation shall be made available to the Contracting Officer Representative for review upon request.

4. Operating Plan. As part of the bid package prior to award of the contract, and annually thereafter, the Contractor shall submit to the CO an Operating Plan with a schedule of all services to be performed. The Schedule shall indicate the time of day, the type of work to be performed and its frequency of performance (daily, weekly, monthly, quarterly, semi-annually, annually), the areas to be worked, and the estimated time to complete the work in each area. The Operating Plan shall also include a list of all cleaning supplies to be used, subject to the COR approval. The Contractor shall notify the COR in writing at least 14 calendar days prior to the intended use of any chemicals which include a Material Safety Data Sheet (MSDS), all of which are subject to the approval by the COR.

Once a month, when the invoice is submitted, the Contractor will provide to the COR a listing that identifies all scheduled work that was completed during this time period.

The format of this document shall be approved by the COR.

The Contractor shall be directly responsible for instructing employees in utility conservation practices. Mechanical equipment controls for heating, ventilation, and air conditioning systems shall not be adjusted by Contractor employees. Lights shall be used only in areas at the time when work is being performed. Water faucets or valves shall be turned off after the required usage is complete. Windows shall be closed and lights and fans turned off when not in use. Government telephones shall not be used for personal reason, or for any toll or long distance calls. The Contractor shall notify the COR whenever a building deficiency is identified (e.g., chemical spill, leaking pipe, stopped up sink, power outage, doors or other equipment that appear to be working improperly) and post as out of order.

It is the responsibility of the Contractor to ensure that all articles of possible personal or monetary value found by the Contractor’s employees are turned into the COR.

It is the responsibility of the Contractor to secure the building upon completion of work and close and lock entry gates.

5. Key Control. The Contractor will be issued keys and security access codes by the

Government for office access at the time of contract award. No keys shall be duplicated unless authorized in writing by the COR. The supervisor shall issue keys to Contractor employees and be responsible for their return.

The Contractor shall report the occurrence of a lost key immediately to the COR. The Contractor shall be required to replace or to reimburse the Government for replacement as a result of the Contractor losing keys.

The Contractor shall prohibit the use of keys and access codes issued by the Government by any persons other than the Contractor’s employees. The Contractor’s employees shall prohibit entrance to the building by other than Contract employees engaged in the performance of contract related work.

6. Hazard Communication Training. The Contractor shall provide employees with Hazard Communication training within one month after award of the contract or within one month after hiring a new employee. Per OSHA 29 CFR 1910.1200 Hazard Communication Standard, this training also includes instruction on the appropriate handling of chemicals requiring a Material Safety Data Sheet.

7. Workers Compensation Insurance. The Contractor shall provide evidence of

Worker’s Compensation Insurance or a letter from the State Department of Industrial Relations exempting the Contractor from the requirement. NOTE: A contractor working alone is not required to carry the insurance.

8. Property and Personal Damage. The Contractor shall be responsible for all damage to property and to persons, including third parties that occur as a result of his or his agent’s or employee’s fault or negligence. The term “third parties” is constructed to include employees of the Government.

SPECIFIC TASKS AND QUALITY AND PERFORMANCE STANDARDS

The Contractor through innovation, technology, or other means, shall perform the work in this contract at frequencies necessary to meet the Quality and Performance Standards. Evaluations of the Contractor’s work will be based on these standards, and shall be conducted by the COR as close to the time that the cleaning tasks are completed.

Listed below are the specific tasks and the performance standards the Contractor is required to meet in this contract.

1. Front Office shall be free of obvious surface dust, dirt, debris, carpet stains, trash, streaks, and smudges, and present an overall appearance of cleanliness. Horizontal surfaces fewer than 70 inches will be free of obvious dust, dirt, oil spots, or smudged surfaces. Counters, display racks, wood/glass surfaces, corners, crevices, moldings, and ledges shall be dusted.

Computers and keyboards shall not be dusted. Carpets and wood floor shall be free of obvious removable spots, stains, soiled traffic pattern, dirt, debris, gum, and crusted material.

Vacuuming will be done at least two times a week. There are to be no areas of deterioration to the carpet as a result of harsh brushing or scrubbing. Cleaned area of carpets should reasonably blend with surrounding carpet. Carpets shall be dried within 24 hours to prevent mold growth. Wood floor shall be damp mopped as the only method of wet cleaning, using a disinfectant cleaner. Trash shall be collected from work areas daily and placed in the dumpster outside. Trash containers shall be lined and kept relatively free of trash.

Restroom shall be cleaned daily with a disinfectant cleaner. Fixtures, metal chrome surfaces, washbasin, mirror, counter top, and dispensers shall maintain a high level of luster, if applicable, and be free of dust, mold, mildew, streaks, rust, and encrustation. Toilet bowl shall be cleaned as far into the trap as possible and under the inside rim with disinfectant cleaners.

Cleaning shall include the seat, interior/exterior of bowl, and flush valve. Formica wall shall be damp wiped utilizing a disinfectant cleaner. Restroom supplies, including paper towels, toilet paper, and liquid hand soap, shall be replenished as needed to maintain an adequate supply at all times. Restrooms shall be free of discarded material and waste receptacles shall be emptied daily. Trash shall be collected and put in the dumpster outside. Waste receptacles shall be lined and kept relatively free of trash, dirt, stains, and debris. Flooring and base molding shall be free of dirt, debris, all types of marks, and foreign matter, damp mopped using disinfectant cleaner.

High cleaning surfaces above 70 inches shall be cleaned free of obvious dust and cobwebs monthly.

Performance Standard: Furniture, and displays shall be free of visible dust and trash cans shall be emptied once a day. Corners, crevices, moldings, and ledges shall be free of all dust.

Carpet shall be vacuum cleaned and free of dust balls, dirt, and other debris. All glass shall be clean and free of dirt, grime, dust, streaks, watermarks, and spots and shall not be cloudy.

Thresholds shall be clean and free of oil, grease, dirt, and grime. Window sashes, sills, woodwork, and other surrounding interior glass shall be wiped free of drippings and other watermarks.

Performance Measurement: The Government will inspect the Front office on a random basis. The Contractor shall correct any performance deficiency within one day of notification by the COR.

OFFICE BUILDINGS (3)

2. Restrooms shall be cleaned daily with a disinfectant cleaner. Fixtures, metal chrome surfaces, washbasins, shower stalls, mirrors, counter tops, and dispensers shall maintain a high level of luster, if applicable, and be free of dust, mold, mildew, streaks, rust, and encrustation. Urinals and Toilet bowls shall be cleaned as far into the trap as possible and under the inside rim with disinfectant cleaners. Cleaning shall include the seat, interior/exterior of bowl/urinal, and flush valve. Partitions, doors, vents, sills, and walls shall be free of dust, and dirt. The full surface area of all stall partitions, doors, and waste receptacles shall be damp wiped with a disinfectant cleaner. Restroom supplies, including paper towels, toilet paper, and liquid hand soap, shall be replenished as needed to maintain an adequate supply at all times. Sanitary napkin disposal containers shall be emptied, cleaned, disinfected, and lined daily. Restrooms shall be free of discarded material and waste receptacles shall be emptied daily. Trash shall be collected and put in the dumpster outside. Waste receptacles shall be lined and kept relatively free of trash, dirt, stains, and debris. Flooring and base molding shall be free of dirt, debris, all types of marks, and foreign matter, damp mopped using disinfectant cleaner.

Performance Standard: Fixtures shall be free of smudges, marks, spots, or unsightly discoloration. Toilet bowls and urinals shall be de-scaled and the entire surface shall be free from steaks, stains, scale, scum, urine deposits, and rust stains. Floors shall be free of visible loose dirt or streaks, scuff marks, heel marks, other stains and discoloration, and mop strings.

Corner, crevices, moldings, and ledges shall be free of all dust and dirt. Flooding of floors shall be avoided at all times. Surfaces shall be left dry. Sufficient supplies shall be provided to meet usage.

Performance Measurement: The Government will inspect restrooms on a random basis. The Contractor shall correct any performance deficiency within one day of notification by the

COR.

3. Office space (including conference room and Library), corridors, and entranceways shall be free of obvious surface dust, dirt, debris, carpet stains, trash, streaks, and smudges, and present an overall appearance of cleanliness. Horizontal surfaces fewer than 70 inches will be free of obvious dust, dirt, oil spots, or smudged surfaces. Desks with papers, computers and keyboards will not be dusted. Trash shall be collected from work areas daily and placed in the dumpster outside. Trash containers shall be lined and kept relatively free of trash. Molding shall be free of dirt, debris, and all types of marks. Carpets and rugs shall be free of obvious removable spots, stains, soiled traffic pattern, dirt, debris, gum, and crusted material.

Vacuuming and spot cleaning will be done at least twice a week. Cleaned area of carpets and rugs should reasonably blend with surrounding carpet. Carpets shall be dried within 24 hours to prevent mold growth.

Performance Standard: Furniture shall be free of visible dust and trash cans shall be emptied once a day. Carpeted areas and molding shall be clean and free of dust balls, visible dirt, and other debris.

Performance Measurement: The Government will inspect the office space on a random basis. The Contractor shall correct any performance deficiency within one day of notification by the COR.

4. Kitchens shall be free of obvious dirt debris and extraneous matter. Trash shall be collected daily and placed in the dumpster outside. Trash containers shall be lined and kept relatively free of trash, dirt, stains, and debris. Refrigerators, Counters, and sink surfaces shall be cleaned daily with a disinfectant cleaner. Surfaces shall be free of obvious dust, dirt, mold, mildew, streaks, rust, and encrustation. Molding shall be free of dirt, debris, and all types of marks. Flooring shall be free of dirt, debris, foreign matter, and damp mopped using a disinfectant cleaner.

Performance Standard: Floors shall be clean and free of trash and foreign matter with no dirt or dust left in corners, crevices, molding, and be free of streaks, mop strand marks, and skipped areas. Trash shall be emptied once a day.

Performance Measurement: The Government will inspect the kitchens on a random basis.

The Contractor shall correct any performance deficiency within one day of notification by the

COR.

5. High cleaning surfaces above 70 inches shall be cleaned free of obvious dust and cobwebs monthly.

Performance Standard: Surfaces shall be clean and free of dust and cobwebs.

Performance Measurement: The Government will inspect on a random basis. The Contractor shall correct any performance deficiency within one day of notification by the COR.

GOVERNMENT-FURNISHED PROPERTY

The Government shall provide:

• Keys and security access codes to the gates and building

Space will be assigned, as available in the building, for the storage of an inventory of supplies and equipment, which will be used in the performance of work under the contract. The Government will not be responsible in any way for damage or loss of parts or equipment.

Telephones will be available for the Contractor’s use in making local calls for business purposes only.

CONTRACTOR-FURNISHED PROPOERTY

The Contractor shall provide all supervision, labor, materials, supplies, and equipment required to meet the terms of the contract. All applicable Contractor-furnished equipment shall include bumpers/guards to prevent marking or scratching of fixtures or building surfaces. The following supplies will also be provided by the Contractor:

• Restroom paper hand towels

• Deodorant products

• Plastic bags

• Liquid hand soap

• Mops, rags, brushes

• Paper towels for cleaning

• Floor wax (non-skid)

• Disinfectant

• Cleaning Compounds such as toilet bowl cleaner, floor cleaner, glass cleaner, wax stripper, etc.

• Power Equipment as needed, such as motorized vacuum cleaner, commercial carpet cleaner

• Trash Can liners

The Hat Creek Ranger District, of the US Forest Service requires the use of environmentally preferable products and services in order to comply with federally mandated programs and USDA’s Agriculture Acquisition Regulations (GAAR 423.703) that direct USDA agencies to actively promote a preference for Environmentally Preferable Products. This includes the use of: recovered material products; energy and water efficient products; alternative fuels and fuel efficiency, bio-based products; non-ozone depleting substances; priority chemicals; and environmentally preferable products. These products are described on the Office of Federal Environment Executive website. (http://ofee.goc/gp/gp.htm).

PRODUCTS and MATERIALS Custodial cleaning products required in the performance of the SOW shall meet as a minimum, Green Seal Product Standards (http://www/greemseal.org/certification/environmentmental.cfm). If it is determined that a product does not meet Government performance requirements, the contractor shall submit a proposed alternative that would meet the performance requirements, with the lowest environmental impact for evaluation and acceptance.

Products that fall under the Environmental Protection Agency (EPA) Comprehensive Procurement Guidelines (CPG) (http://www.epa.gov/cpg) shall meet the minimum recovered (recycled) content. Bio-based products shall be used upon issuance of the bio-based product listing from the United States Department of Agriculture (USDA) (http://www.usda.gov) .

The contractor shall purchase and use Energy Star of other energy-efficient items listed on the Department of Energy’s Federal Energy Management Program (FEMP) Product Energy Efficiency Recommendations product list.

Supplements or amendments to listed publications from any organizational level may be issued during the life of the contract.

All electrical equipment used by the Contractor shall meet all safety requirements of this contract and shall be UL approved. This equipment shall operate using existing building circuits. It shall be the responsibility of the Contractor to prevent the operation or attempted operation of electrical equipment, or combinations of equipment, which require power exceeding the capacity of existing building circuits. Inoperable equipment is not cause for http://ofee.goc/gp/gp.htm� http://www/greemseal.org/certification/environmentmental.cfm� http://www.epa.gov/cpg� http://www.usda.gov/� cleaning work not to be performed. The Contractor shall furnish and use beater bar type vacuums for carpeted floors.

The Contractor shall provide protective gloves, safety eyeglasses, and any other safety equipment needed to execute the contract.

BONDS AND INSURANCE

Before work may begin on this project, the Contractor shall provide the documentation required in this section. Failure to provide the information will not change the date for starting work.

Once the contract begins, the contractor shall provide the following documentation within 10 calendar days or the contract may be terminated for default in accordance with the clause governing default (termination for cause). Worker’s Compensation Insurance: The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry the insurance. Janitorial Bond: The contractor shall provide and maintain Janitorial Bond Insurance of at least $5,000 on each employee working on the Government premises.

SAFETY

The Contractor shall be responsible for instructing company employees in appropriate safety measures. The Contractor shall provide, place and remove appropriate warning signs for wet or slippery floor areas caused by cleaning or waxing applications. Warning signs need to be in accordance with OSHA Safety Standards. Cloths, mops or brushes containing a residue of wax or other combustible material subject to spontaneous ignition shall not be stored inside the building. Contractor shall provide copies of Material Safety Data Sheets (MSDS’s) for all cleaning chemicals used. Cleaning supplies, including solutions and solvents, both liquid and powders may not be stored at the work site. They must be removed after every cleaning day.

SERVICE CONTRACT ACT

Wage Determination No. 2005-2055, Revision 11, dated 06/15/2010, is applicable. This may be accessed electronically at www.wdol.gov or you may request a copy from the contact listed in block 7a. The rate for Janitor is $14.69 plus health and welfare benefits of $3.50 an hour.

The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from the effective date of the Notice to Proceed through September 30, 2011. The estimated start work date is November 1, 2010, with the contract running through September 30, 2011. There will be 2 option years that will be exercised at the discretion of the Government.

AGAR 42.215-73 POST AWARD CONFERENCE (NOV 1996)

Prior to commencement of work, a meeting to discuss work schedules, and responsibilities of both the Forest Service and the Contractor will be requested by the Contracting Officer to be attended by the Contractor, the Contracting Officer, the Contracting Officer Representative, http://www.wdol.gov/� http://www.arnet.gov/far/� and any other involved Forest Service personnel. The meeting will be held at a time and place determined by the Contracting Officer.

FAR 52.237-1 SITE VISIT

(APR 1984)

There will be a site visit held on Wednesday, October 20, 2010 at 10:00 am. Please meet in the Hat Creek Ranger District, which is located at43225 E. Highway 299, Fall River Mills, CA.

96028 , for any interested quoters to visit the building.

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative(s) (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

Iris McCormick will be the designated COR. For technical questions, please call her at 530-336-3323

APPROVAL OF SUBCONTRACTING

The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A. The name, address and telephone number of the subcontractor.

B. The date upon which the subcontract was entered into and its duration C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to perform the Performance Statement of Work, Investigation plan and Quality Assurance Surveillance Plan referenced in the attachments.

FAR 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 30 days.

FAR 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 30 days, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

(JUNE 2010)

(a) Inspection/Acceptance

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

. 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—

(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., (c) use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

Changes

(d)

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

Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). 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, http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20� http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20� https://www.acquisition.gov/far/current/html/52_233_240.html#wp1113304� https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137572� 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, contract 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—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(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

(i) Payment.—

. 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.

(1) Items accepted

(2)

. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

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

(5)

. 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.

Overpayments

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

. 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—

(A) Circumstances of the overpayment (e.g.

(B) Affected contract number and delivery order number, if applicable;

, duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(C) Affected contract 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.

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(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 Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), 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

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

. 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:

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

(k) Taxes (l)

. The contract price includes all applicable Federal, State, and local taxes and duties.

Termination for the Government’s convenience

(m)

. 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.

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.

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(n) Title

(o)

. 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.

Warranty

(p)

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

Limitation of liability

(q)

. 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.

Other compliances

(r)

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

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. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence

(1) The schedule of supplies/services.

. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts 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) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database;

(B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database.

Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

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(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

FAR 52-212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable…