47PG0121R0005 Section G.pdf

Solicitation 47PG0121R0005, Section G Page 1 of 9

Table of Contents

SECTION G: CONTRACT ADMINISTRATION DATA

G.1. - ROLE OF GOVERNMENT PERSONNEL IN CONTRACT ADMINISTRATION

G.1.1. Contracting Officer (CO)

G.1.2. Contracting Officer’s Representative (COR)

G.1.3. Facilities Operations Specialists (FOS)/Quality Assurance Inspectors (QAI)

G.2. - SYSTEM FOR AWARD MANAGEMENT (SAM)

G.3. - PAYMENT

G.3.1. Submission of Invoices

G.3.2. Invoice Requirements

G.3.3 GSAM 552.232-72 Final Payments Under Building Services Contracts

G.3.4 Payment by Credit Card

G.3.5. Failure to Perform

G.3.6. Repairs due to Negligence or Error of Contractor

G.3.7. Federal Holidays, Unanticipated

G.3.8. Suspension of Work

G.3.9. Criminal Liability

G.3.10. Deductions

G.3.10.1 Calculation of Deductions

G.3.10.2. Deduction Mechanical Labor Rates

G.3.10.3. Criteria for Mechanical Deductions - TABLE G-1 (TG1):

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SECTION G: CONTRACT ADMINISTRATION DATA

G.1. - ROLE OF GOVERNMENT PERSONNEL IN CONTRACT ADMINISTRATION

G.1.1. Contracting Officer (CO)

The CO has the overall responsibility for the administration of this contract. That official alone, without delegation, is authorized to take actions on behalf of the Government to:

• Amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules;

• Make final decisions on disputed deductions from contract payments for nonperformance or unsatisfactory performance;

• Terminate the contract for convenience or default;

• Issue final decisions regarding contract questions or matters under dispute.

G.1.2. Contracting Officer’s Representative (COR)

The CO may delegate certain other responsibilities to their authorized representative. The COR is designated to assist the CO in the discharge of that official’s responsibilities when he/she is unable to be directly in touch with the contract work. The responsibilities of the COR include, but are not limited to:

• Determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this contract;

• Acting as the Government’s representative in charge of work at the site;

• Ensuring compliance with contract requirements;

• Advising the Contractor of proposed deductions for nonperformance or unsatisfactory performance;

• Advising the Contracting Officer of any factors that may cause delay in performance of the work.

The COR for this contract will be delegated via designation memo by the Contracting Officer at the time of award or as change in the COR is needed throughout the contract.

G.1.3. Facilities Operations Specialists (FOS)/Quality Assurance Inspectors (QAI)

FOSs and QAIs support the COR and are responsible for inspecting the Contractor’s day-to-day work. The responsibilities of the FOS/QAI include, but are not limited to:

• Inspecting the work to ensure compliance with the contract requirements;

• Documenting, through written inspection reports, the results of all inspections conducted;

• Ascertaining that all defects or omissions are corrected;

• Recommending deductions from contract payment for nonperformance or unsatisfactory performance;

• Conferring with Contractor representatives regarding any problems encountered in work performance, Solicitation 47PG0121R0005, Section G Page 3 of 9

• Generally assisting the COR in meeting his/her contract responsibilities.

G.2. - SYSTEM FOR AWARD MANAGEMENT (SAM)

The System for Award Management (SAM) is a web-based system that centralizes and standardizes the collection, storage, and viewing of the many representations and certifications required by the Federal Acquisition Regulations (FAR). All Contractors must have an active registration in SAM in order to do business with the Federal Government. It is free to federal and state government agencies as well as Prime Subcontractors, and/or partnership opportunities.

Prime Contractors may also utilize SAM to assist in obtaining resources to meet their contractual requirements. The SAM web address is www.sam.gov. Prime Contractors can also utilize the

Small Business Administration (SBA) website to find resources. The SBA home page is www.sba.gov.

G.3. - PAYMENT

Payment will be made on a calendar month basis in arrears upon submission of an invoice.

Payment will be due on the 30th calendar day (except for the final monthly payment) after receipt of a proper invoice or date of receipt of services, whichever is later. See payment clauses in Section I, Contract Clauses. In the event the contract begins or ends during the month, payments will be prorated based on the number of calendar days in the respective month. It is the objective of the Government to obtain complete and satisfactory performance in accordance with the terms of the specifications and requirements of this contract.

G.3.1. Submission of Invoices

G.3.1.1. Any inquiries regarding payment shall be directed to:

General Services Administration

PBS Payment Branch (BCFA)

P.O. Box 17181

Fort Worth, TX 76102-0181

Telephone Number: 1-800-676-3690

Or

Send an email to: FW-PaymentSearch.finance@gsa.gov

G.3.1.2. Original invoices shall be submitted on the first of each month to:

http://financeweb.gsa.gov/vendorpayment/vpp_elect_invoice

G.3.1.3. One (1) copy shall be submitted via email to the COR(s).

G.3.2. Invoice Requirements

G.3.2.1. Invoices shall be submitted in an original only, unless otherwise specified, to the designated billing office specified in this contract or purchase/delivery order.

http://www.sam.gov/ http://www.sba.gov/ mailto:FW-PaymentSearch.finance@gsa.gov http://financeweb.gsa.gov/vendorpayment/vpp_elect_invoice

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G.3.2.2 Invoices must include the Pegasys Document Number (PDN) number provided below or on the purchase/delivery order.

G.3.2.3. PDN #___________________

G.3.2.4. In addition to the requirement for a proper invoice specified in the Prompt Payment clause of this contract or purchase/delivery order, the following information or documentation must be submitted with each invoice:

• Name of the business concern and invoice date.

• Contract number.

• Delivery order number or other authorization for delivery of property or services.

• Item number, national stock number (NSN), or other product identification number, description, price, and quantity of property and services actually delivered or rendered.

• Name (where applicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent. The "remit to" address must correspond to the remittance address in the contract.

G.3.3 GSAM 552.232-72 Final Payments Under Building Services Contracts

Before final payment is made, the Contractor shall complete and furnish the Contracting Officer with GSA Form 1142, Release of Claims, releasing all claims against the Government relating to this contract, other than claims in stated amounts that are specifically excepted by the Contractor from the release. If the Contractor’s claim to amounts payable under the contract has been assigned under the Assignment of Claims Act of 1940, as amended (31 U.S.C. 3727, 41 U.S.C.

15), a release may also be required of the assignee.

G.3.4 Payment by Credit Card

The Government may make payment under the contract by using the Government Commercial

Credit Card. The Contractor must accept the Government commercial credit card as a form of payment.

G.3.5. Failure to Perform

Failure to accomplish any work required under this contract or to satisfactorily accomplish such work, where due to the carelessness, neglect, or fault of the Contractor, shall constitute a deficiency for which a reduction of payment will be made in accordance with the provisions of this contract. In the event work is performed unsatisfactorily, the Contractor will be requested to correct the deficiencies. If the work remains deficient, the CO may have the work accomplished by other means and deduct the actual cost-plus administration costs from the monthly payment.

G.3.6. Repairs due to Negligence or Error of Contractor

The Contractor will be responsible for the full cost of minor or major repairs if it is determined that the repair is necessary due to the Contractors’ error or negligence. The CO will make the decision as to whether the necessity for a repair is due to the negligence or error of the

Contractor.

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G.3.7. Federal Holidays, Unanticipated

Unanticipated holidays declared by the President will count as Federal holidays. As long as the

Contractor pays employees as if it were an anticipated Federal holiday, the Contractor will be paid for the unanticipated holiday as if it were a normal Federal holiday.

G.3.8. Suspension of Work

In the event services are not provided or required by the Government because the building is closed due to inclement weather or failure of the Congress to appropriate funds, etc., adjustments will be computed as follows: The adjustment rate in dollars per day will be equal to the total monthly contract price divided by 30 days per month, multiplied by the number of days that services were not provided or required.

G.3.9. Criminal Liability

It is understood that disclosures of information relating to the work or services hereunder to any person not entitled to receive it, or failure to safeguard any classified information as defined in

Executive Order Number 11652 that may come to the Service Provider or any person under the

Service Provider’s control in connection with the work under this contract, may subject the

Service Provider, the Service Provider’s agents, or employees to criminal liabilities under Title

18, Sections 793, 794, and 798 of the United States Code. The Contractor shall obtain a copy of

PBS ORDER 3490.1 with implementation instruction from the COR and utilize all forms and/or records and follow all procedures as directed.

G.3.10. Deductions

Inadequate performance is just as undesirable as nonperformance, and the cost of correcting inadequate performance in a particular area may equal the cost of the initial work. If the

Contractor fails to provide satisfactory service, the Contractor will be held liable for all costs incurred by the Government as a result of the Contractor's failure, including administrative costs.

G.3.10.1 Calculation of Deductions

The Government’s objective is to obtain complete and satisfactory performance of all work identified in this specification. To this end, the Government is contracting for the satisfactory performance of all specifications contained herein and deductions may, therefore, be made as stipulated in the Criteria for Deductions (Table G-1) when satisfactory performance is not provided. The Criteria for Deductions or the actual cost to the Government for having the work performed by other means will be used by the Government in determining monetary reductions in contract price for nonperformance of work under this contract, or for deficiencies in the performance of work. Administrative costs are those time and material costs incurred by

Government personnel to correct or respond to the unsatisfactory event.

Because inadequate performance is just as undesirable as nonperformance, and the cost of correcting performance may equal the cost of initial performance, the deduction requirements

Solicitation 47PG0121R0005, Section G Page 6 of 9 stated in the Criteria for Deduction (Table G-1), will control in all cases as distinguished from the Contractor’s estimated cost to perform the work.

G.3.10.2. Deduction Mechanical Labor Rates

The dollar amounts stated in the Criteria for Deductions (Table G-1) are either the actual rate bid for Repair Services, the actual rate bid for overtime Repair Services, or either rate times 1.5 for supervisor time. The bid rates chosen are the ones in effect for the base or option period covered by the event.

G.3.10.3. Criteria for Mechanical Deductions - TABLE G-1 (TG1):

Cause of Deduction Calculation of Deduction

TG1.1 Any changes to the proposed staffing levels, qualifications of proposed staff or key personnel, or the areas of expertise or disciplines of the proposed staff must be submitted for review and approval from the CO or their designee.

Vacancies due to extended absences, resignation, retirement, etc. greater than

60 days must be filled by the 61st calendar day of absence. (C.1.2)

1.The deduction amount will be the vendor's

"Repair and Miscellaneous Labor Services;

Normal Core Hours” CLIN XX04 rate for the applicable period of performance (ex. Option I), multiplied by the number of hours left unfilled beginning on the 61st calendar day of the absence and continuing until the position is filled.

TG1.2 Failure of the Contractor to provide a qualified supervisor or a qualified mechanic to be on the premises during core coverage hours. (C.1.2)

2. The daily amount due the Contractor will be deducted for each day that staff representative is not on the premises during specified hours on official workdays. The deduction rate in dollars per day will be equal to the per month contract price for basic contract services divided by the number of working days in the month.

TG1.3 Failure to provide prescribed environmental conditions in the building(s), or portion thereof, during normal working hours as identified in the tenant environment, ASHRAE

Standard 55 to achieve temperatures settings. (C.5.1)

3. The Contractor will be held liable for $500 per day that the prescribed environmental conditions are not met.

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TG1.4 Failure to perform, or satisfactorily perform preventive maintenance work, tours or watches required by the contract during the time period in which performance was scheduled. (C.5 and C.6)

4. The daily amount due the Contractor will be deducted for each day that the preventive maintenance work, tours, or watches are not successfully completed.

The deduction rate in dollars per day will be equal to the per month contract price for basic contract services divided by the number of working days in the month.

The deduction will begin on the date the

Government identifies the deficiency and notifies the Contractor.

TG1.5 Failure to complete non-reimbursable repairs of accepted building equipment which the cost of supplies, materials, and parts is up to the limit set in the non-reimbursable or architectural/structural repair sections of this contract, or approved extension thereof. (C.5.11.2.1 and C.6.13.1)

5. Beginning with the first hour following the expiration time limit or approved extension thereof.

The Contractor will be held liable for $500 per normal working day if the repairs are not met.

TG1.6 Failure to respond to and complete service calls within the prescribed time limits, or extension therefore. (C.5.12.2.1, C.5.12.2.3 and

C.5.12.2.4)

6. Deductions will be made as follows for failure to complete service calls:

(a) For those requiring immediate action: The

Contractor will be held liable for all costs, including administrative costs, incurred by the

Government, to complete the service call

(b) For all other service calls, the deduction will begin with the first hour following expiration of the appropriate time limit for completion as identified in the Work Orders Sections identified within this contract.

The deduction amount will be the vendor's

"Repair and Miscellaneous Labor Services;

Normal Core Hours” CLIN XX04 rate for the applicable period of performance (ex. Option I).

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TG1.7 Failure to respond within one (1) hour to a request for Emergency Call-back Service, and/or failure to provide the required service. (C.5.12.2.2)

7. The Contractor will be held liable for all costs incurred by the Government as a result of the

Contractor’s failure to respond at the prescribed time as identified in contract and/or failure to provide the required service, including but not limited to:

(a) All costs to repair damage to the building, equipment, or systems, and

(b) All costs associated with responding to the emergency and

(c) All administrative costs,

(d) etc.

TG1.8 Failure to respond to a request for Overtime Services, and/or failure to provide the required services. (C.5.14.6)

8. The Contractor will be held liable for $500 per day.

TG1.9 Failure to:

(a) Properly operate and/or maintain equipment and/or systems, or

(b) Make repairs, which results in damage to the building(s) equipment, or systems.

9. The Contractor will be held liable for all costs, including administrative costs, incurred by the

Government to repair damage to the building, equipment, or systems which results from the

Contractor’s failure to perform any or all of the items listed as (a) or (b) adjoining.

TG1.10 Failure to perform the miscellaneous work as scheduled with

COR (C.5.14.2)

11. A per hour will be deducted for each hour or portion thereof that the miscellaneous work is not provided from agreed upon completion date by the CO or designee.

The deduction amount will be the vendor's

"Repair and Miscellaneous Labor Services;

Normal Core Hours” CLIN XX04 rate for the applicable period of performance (ex. Option I).

TG1.11 Failure of the Contractor to make scheduled Quality Control

Inspections by a supervisor or designated Quality Assurance Inspector.

(C.1.3.2.1)

11. The Contractor will be held liable for $1000 per month if the Quality Control Inspections are not met.

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TG1.12 Failure of the Contractor to submit required monthly reports, service request logs, preventive maintenance reports and schedules existing deficiency inspection reports, or any other report in NCMMS and submitted to COR, by the required time frame.

(C.5.15.1)

12. All monies due the Contractor will be withheld until an approved report(s) is submitted in NCMMS and to the COR or designated government representative.

TG1.13 Any other omitted or unsatisfactory work not specifically identified above, or which does not clearly fall into one of the above categories

13. All monies due the Contractor will be withheld until correction is approved.

TG1.14. Failure to follow Fair Labor

Standards Act, McNamara-O’Hara

Service Contract Act (SCA), and

Contract Work Hours and Safety

Standards Act (CWHSSA).

14. Assessment based on liquidated damages rate provided by the Department of Labor.

TG1.15 Air Quality Management

(C.5.5.3)

15. In the event of fines or penalties levied by an

AQMD, the Contractor must be charged the cost as a performance deduction under the Adjusting

Payments clause. The Contractor must submit emissions reports when required by the regulating entity.