Solicitation No. 522-RFP-00-10-0002 .doc

TABLE OF CONTENTS

SECTION B - CONTINUATION BLOCK

B-1

B.1 PRICE/COST SCHEDULE

B-1

B.2 CONTRACT TYPE

B-2

B.3 PERIOD OF PERFORMANCE

B-2

B.4 ECONOMIC PRICE ADJUSTMENT – LABOR……………………………………….B-2

B.5 AVAILABILITY OF FUNDS ……………………………………………………………..B-3

B.6 GOVERNMENT FURNISHED EQUIPMENT (GFE) LIST………………………..….B-3

B.7 GOVERNMENT FURNISHED SUPPLIES…………………………………………….B-3

B.8 SITE VISIT…………………………………………….....……..………..……………....B-4

SECTION C - CONTRACT CLAUSES

C-1

C.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

C-1

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

C-2

C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

ITEMS (DEC 2009)

C-2

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

(MAR 2000)

C-6

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D-1

D.1 STATEMENT OF WORK

D-1

D.2 MANAGEMENT AND SUPERVISION…………………………………………………D-4

D.3 LOCATIONS FOR JANITORIAL SERVICES…………………………………………D-5

D.4 PERSONNEL……………………………………………………………………………..D-5

D.5 MATERIALS AND EQUIPMENT……………………………………………………….D-7

D.6 INSURANCE……………………………………………………………………………...D-7

D.7 AUTHORIZATION TO PERFORM……………………………………………………..D-8

D.8 TRANSITION PLAN……………………………………………………………………...D-8

D.9 DELIVERABLES………………………………………………………………………….D-8

D.10 QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)…………………..D-8

D.11 CONTRACT ADMINISTRATION DATA……………………………………………..D-10

D.12 SPECIAL CONTRACT REQUIREMENTS…………………………………………..D-12

SECTION E - SOLICITATION PROVISIONS

E-1

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E-1

E.2 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

E-2

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--

COMMERCIAL ITEMS (AUG 2009)

E-3

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998) ……………………………..……………………………..E-8

SECTION B - CONTINUATION BLOCK

B.1 PRICE / COST SCHEDULE

The contractor shall perform janitorial services, including furnishing all labor, material and equipment for the U.S. Agency for International Development premises in Tegucigalpa, Honduras. The price listed below shall include all labor, materials, insurance (see FAR 52.228-3, 52.228-4 and 52.228-5), overhead and profit. The Government will pay the Contractor the fixed price per month for services that have been satisfactorily performed.

B.1.1 Base Period

The firm fixed price for the first year of the contract is:

Per month _____________ x 12 = _____________per year

B.1.2 First Option Year Prices Option Term: Twelve (12) Months

The firm fixed price for the first option year of the contract is:

Per month _____________ x 12 = _____________per year

B.1.3 Second Option Year Prices Option Term: Twelve (12) Months

The firm fixed price for the second option year of the contract is:

Per month _____________ x 12 = _____________per year

B.1.4 Grand Total:

Base Period:

First Option Year:

Second Option Year:

Grand Total

B.2 CONTRACT TYPE

The Government contemplates award of a Fixed-price with economic price adjustment (FAR 16.203) contract resulting from this solicitation.

B.3 PERIOD OF PERFORMANCE

After contract award, submission of acceptable insurance certificates and approval of security clearances for prospective contractor employees, the Contracting Officer shall issue a Notice to Proceed. The Notice to Proceed will establish a date (a minimum of ten (10) days from start date listed in Notice to Proceed unless the Contractor agrees to an earlier date) on which performance shall start.

The performance period of this contract is from the start date in the Notice to Proceed and continuing for 12 months, with two (2), one-year options to renew.

B.4 ECONOMIC PRICE ADJUSTMENT – LABOR

(a) The contract price may be increased or decreased in actual costs of direct service labor which result directly from laws enacted and effective during the term of this contract by the Honduran Government. Direct service labor costs include only the costs of wages, due to changes in the minimum wage, and direct benefits (such as social security, health insurance, un-employment compensation insurance) paid to or incurred for the direct benefit of personnel performing services under this contract. Price adjustments will include only changes in direct service labor costs incurred in order to comply with the requirements of the law. No adjustment will be made under this clause with respect to labor costs of personnel not performing direct service labor, or for overhead, profit, general and administrative (G&A) costs, taxes or any other costs whatsoever.

(b) For the contracting officer to consider any request for adjustment, the contractor shall demonstrate in writing:

(1) That the change in the law occurred during the term of this contract and subsequent to the award date of this contract; and,

(2) That the change in the law could not have been reasonably anticipated prior to contract award; and,

(3) How the change in the law directly affects the contractor's costs under this contract.

(c) The contractor shall present data that clearly supports any request for adjustment. This data shall be submitted no later than 30 calendar days after the changes in the law have been made public. This data shall include, but not be limited to, the following:

The calculation of the amount of adjustment requested; and, Documentation that identifies and provides the appropriate portions of the text of the particular law from which the request is derived.

(d) In order to establish the change between the requested adjusted rate and the original rate, the contractor shall support the appropriate data and composition of the original rate and the requested adjusted rate. This shall include details regarding specific minimum wage rates paid to individual employees. For contracts paid in U.S. dollars, the contractor's request for price adjustment shall present data reflecting:

The exchange rate in effect on the date of the contractor's proposal that was accepted for the basic contract; and

(2) The current exchange rate and its effect on payment of workers in local currency. The allowable adjustment shall be limited to the extent to which increases in direct service labor costs due to host country law changes are not offset by exchange rate gains.

(e) Only direct cost changes mandated by enacted laws shall be considered for adjustment under this contract. Changes for purposes of maintaining parity of pay between employees at the minimum mandated levels and employees already paid at levels above the newly mandated minimums shall not be considered. Therefore, if the contractor elects to increase payments to employees who are already being paid at or above the mandated amounts, such increased costs shall be borne solely by the contractor and shall not be justification for an increase in the hourly and monthly rates under this contract.

(f) Any request for adjustment shall be presented with signature of an officer or general partner of the contractor having overall responsibility for the conduct of the contractor's affairs.

(g) No adjustment shall be made to the contract price that relates to any indirect, overhead, or fixed costs, profit or fee. Only the changes in direct service labor wages (and any benefits based directly on wages) shall be considered by the U.S. Government as basis for contract price changes.

(h) No request by the contractor for an adjustment under this clause shall be allowed if asserted after final payment has been made under this contract.

(i) This clause shall only apply to laws enacted by the Honduran Government meeting the criterion set forth above in paragraph (b). No adjustments shall be made due to currency fluctuations in exchange rates.

B.5 AVAILABILITY OF FUNDS

According to FAR Clause 52.232-18 “Availability of Funds (APR 1984),” which is incorporated by reference into this contract. Option years will be exercised by the Government based on availability of Fiscal Year funds for a particular option year.

B.6 GOVERNMENT FURNISHED EQUIPMENT

All equipment shall be furnished by the contractor for performance of the duties of this contract.

B.7 GOVERNMENT FURNISHED SUPPLIES

The Government shall make the following supplies available to the contractor on as needed basis under the contract:

1. Towel paper roll.

2. Toilet paper for restrooms.

3. Liquid soap for restrooms dispensers.

4. BACTISAN antibacterial refills for dispensers installed in the elevator area of each floor.

5. Paper cups for water dispensers.

6. Bottled water for water coolers.

B.8 SITE VISIT

The site visit will be held on April 7, 2010 at 9:00 a.m. at the USAID/Honduras Building, Avenida La Paz, Tegucigalpa, Honduras.

Prospective offerors should contact Fernando Zelaya, Procurement Agent at Fax# 011 (504) 236-7776 for additional information or to arrange entry to the building.

SECTION C - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (OCT 2008), is incorporated by reference. (See SF-1449, block 27a).

C.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section C.2 of this contract. See FAR 52.252-2 for an internet address for electronic access to the full text of a clause.

NUMBER

TITLE

52.204-9 Personal Identity Verification of Contractor Personnel (SEPT 2007) 52.225-14 Inconsistency between English Version and Translation of Contract (FEB 2000)

52.228-3

Workers’ Compensation Insurance (Defense Base Act) (APR 1984)

52.228-4

Workers’ Compensation and War-Hazard Insurance Overseas

(APR 1984)

52.228-5 Insurance - Work on a Government Installation (JAN 1997)

52.216-4 Economic Price Adjustment – Labor and Material (JAN 1997)

52.217-8

Option to Extend Services (NOV 1999)

52.232-18 Availability of Funds (APR 1984)

52.232-19

Availability of Funds for the Next Fiscal Year (APR 1984)

52.232-34

Payment by Electronic Funds Transfer -- Other than Central

Contractor Registration (MAY 1999) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.237-1 Site Visit (APR 1984)

52.242.15 Stop-Work Order (AUG 1989) 52.243-7 Notification of changes (APR 1984) 52.249-4

Termination for Convenience of the Government (Services) (APR 1984)

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984)

The following AID Acquisition Regulation (48 CFR Chapter 7) Clauses are incorporated by reference:

NUMBER

TITLE

752.202-1 USAID Definitions Clause – General

(JUL 2004)

Supplement for use in all USAID Contracts / Alternate 70

752.211-70 Language And Measurement (JUN 1992)

752.225-71

Local Procurement (FEB 1997)

752.228-3 Workers Compensation Insurance (Defense Base Act)

752.228-70

Medical Evacuation (MEDEVAC) Services (JUL 2007)

752.305-70 Overseas Worker’s Compensation and war-hazard insurance

752.7006

Notices (APR 1984)

752.7013

Contractor-Mission Relationships (OCT 1989)

752.7025

Approvals (APR 1984)

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

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

For FAR Clauses:

http://www.arnet.gov/far For AIDAR Clauses:

http://www.usaid.gov/policy/ads/300/aidar.pdf C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEC 2009)

(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 to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

__ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (7) [Reserved]

__ (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (11)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (13) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (16) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

__ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

__ (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).

__ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

__ (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

__ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

__ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

__ (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (27)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (29)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

__ (30) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (31)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x_ (33) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (37) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_x_ (38) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

_x_ (39) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (40) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (42)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) [Reserved]

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 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 36 months.

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 STATEMENT OF WORK

The purpose of this fixed price contract with economic price adjustment is to obtain janitorial services for the USAID office building premises located in Tegucigalpa, Honduras. The Contractor shall perform these services in all designated spaces including, but not limited to halls, offices, restrooms, work areas, entrance ways, lobbies, storage areas, elevators, stairways and green areas. The contractor shall furnish all managerial, administrative, and direct labor personnel that are necessary to accomplish the work in this contract. Contractor employees shall be on site only for contractual duties and not for other business purposes.

D.1.1 General Instructions The Contractor shall prepare general instructions for the work force. The Contractor shall provide drafts to the Contracting Officer’s Technical Representative (COTR) for review within thirty days after award of the contract. The COTR must approve these general instructions before issuance.

D.1.2 Duties And Responsibilities D.1.2.1 Contractor shall schedule routine cleaning requirements to ensure that these are done in the order and time frame that are most efficient and have the least impact on normal operations. They are to be performed 5.5 days / 44 hrs. per week, Monday through Saturday.

D.1.2.2 Contractor shall schedule periodic cleaning requirements so that it causes minimal disruption to the normal operation of the facility. The COTR shall determine the schedules presented which meet the needs of the individual facility.

D.1.3 Services

Janitorial Services shall include the following work:

D.1.3.1 Daily Requirements shall consist of:

D.1.3.1.1 Sweeping all floor areas including damp mopping of areas such as tile, linoleum, marble floors, staircases and public areas. Floors shall be free of dust, mud, sand, footprints, liquid spills, and other debris. Chairs, trash receptacles, and easily moveable items shall be tilted or moved to clean underneath. The frequency may be higher than once per day when it is rainy. When completed, the floor and halls shall have a uniform appearance with no streaks, smears, swirl marks, detergent residue, or any evidence of remaining dirt or standing water.

D.1.3.1.2 Dusting and cleaning all furniture including desks, chairs, credenzas, computer tables, telephone tables, bookshelves with or without glass doors, coat racks, umbrella stands, pictures, maps, telephones, computers and screens, lamps and other common things found in an office environment. All furniture shall be free of dust, dirt, and sticky surfaces and areas.

D.1.3.1.3 Vacuuming all clean rugs and carpets, runners, and carpet protectors so that they are free from dust, dirt, mud, etc. When completed, the area shall be free of all litter, lint, loose soil and debris. Any chairs, trash receptacles, and easily moveable items shall be moved to vacuum underneath, and then replaced in the original position.

D.1.3.1.4 Thorough cleaning of toilets, bathrooms, mirrors, and shower facilities, using suitable non-abrasive cleaners and disinfectants. All surfaces shall be free of grime, soap scum, mold, and smudges. The Contractor shall refill paper towels, toilet paper, and soap in all bathrooms.

D.1.3.1.5 Emptying all wastepaper baskets, ashtrays and washing or wiping them clean with a damp cloth, replacing plastic wastepaper basket linings and returning items where they were located.

D.1.3.1.6 Cleaning of glasses, cups, and coffee services in conference facilities and in the Mission Director’s office area. The Contractor shall clean the items in hot soapy water and rinse, dry and polish so that a presentable appearance is maintained.

D.1.3.1.7 Removing any grease marks or fingerprints from walls, doors, door frames, radiators, windows and window frames, glass desk protectors, reception booths and partitions.

D.1.3.1.8 Removing trash to designated area as directed by the COTR, and keeping trash area in reasonably clean condition.

D.1.3.1.9 Sweeping debris from walkways and driveways and hose cleaning them during appropriate seasons (taking into consideration environmental restrictions on water if necessary).

D.1.3.1.10 Water all indoor plants an the grass around the outside of the building.

D.1.3.2 Weekly Cleaning Requirements shall consist of:

D.1.3.2.1 Polishing all brass surfaces including door and window handles, plaques, etc.

D.1.3.2.2 Dusting tops of tall furniture, tops of picture frames and areas not covered in daily dusting.

D.1.3.2.3 Spot cleaning baseboards and walls.

D.1.3.2.4 Spot waxing and polishing floors as needed.

D.1.3.2.5 Shampooing (small area spot clean; as needed) carpets.

D.1.3.2.6 Dusting window sills and blinds.

D.1.3.2.7 Cleaning shutters as required.

D.1.3.2.8 Sweeping and washing terraces and balconies to remove all accumulated dirt and debris.

D.1.3.2.9 Sanitizing water coolers with chlorine solution, plus washing and cleaning exterior of bottles with chlorine.

D.1.3.2.10 Remove garbage to the receptacles provided by the contractor. When the receptacles are full, the contractor shall transport the bagged garbage to the city crematorium and insure that all materials are properly burned or recycled, not just thrown away.

D.1.3.2.11 Cut and clean the garden areas of the building.

D.1.3.3 Monthly Cleaning Requirements shall consist of:

D.1.3.3.1 Cleaning major appliances inside and out including vacuuming dust from around motor areas.

D.1.3.3.2 Wiping window blinds with a damp cloth to ensure that all smudges are removed.

D.1.3.3.3 Cleaning inside window glass and sash of smudges and accumulated dirt.

D.1.3.3.4 Moving all furniture and vacuuming or polishing the floor under the furniture as appropriate.

D.1.3.3.5 Remove dead branches from under and around all trees within the premises as well of those located on the sidewalks surrounding the building.

D.1.3.4 Quarterly Cleaning Requirements shall consist of:

D.1.3.4.1 Washing the outsides of the windows. When completed the windows shall be free of smudges, lint, or streaks from the surfaces.

D.1.3.4.2 Shampooing the entire surface of carpets in the high traffic areas.

D.1.3.4.3 Cleaning and sanitizing the trash holding area.

D.1.3.4.4 Dusting and wiping light fixtures and chandeliers. When completed, the light fixtures shall be free from bugs, dirt, grime, dust, and marks.

D.1.3.4.5 Cleaning gutters and down spouts of all collected debris.

D.1.3.5 Annual Cleaning Requirements shall consist of:

D.1.3.5.1 Stripping wax coats, spot checking sealer coats, and completely reapplying wax coats.

D.1.3.5.2 Shampooing carpets in all areas.

D.1.3.5.3 Cleaning all chandeliers and light fixtures using appropriate methods to restore the original luster to the fixtures. This will include ensuring that all crystal reflectors are individually washed.

D.1.3.5.4 Cleaning of cistern located underneath the 1st floor and concrete water tank located over the 7th floor.

D.1.3.6 Official U.S. Holidays:

Work requirements to be performed quarterly or yearly shall be scheduled to be performed during the eight official U.S. Holidays, which are:

Martin Luther King’s Birthday

President’s Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veteran’s Day

Thanksgiving Day The cost of this contract includes occasional janitorial services at USAID leased properties, as directed by the USAID/Honduras Executive Officer during normal working hours.

D.2 MANAGEMENT AND SUPERVISION

D.2.1 The contractor shall designate a representative who shall be responsible for on-site supervision of the Contractor's workforce at all times. This supervisor shall be the focal point for the Contractor and shall be the point of contact with U.S. Government personnel.

D.2.2 The Contractor shall maintain schedules. The schedules shall take into consideration the hours that the staff can effectively perform their services without placing a burden on the security personnel of the building. For those items other than routine daily services, the contractor shall provide the COTR with a detailed plan as to the personnel to be used and the time frame to perform the service.

D.2.3 The Contractor shall be responsible for quality control. The Contractor shall perform inspection visits to the work site on a monthly basis. The Contractor shall coordinate these visits with the COTR. These visits shall be surprise inspections to those working on the contract.

D.2.4 Individual work schedules shall not exceed 44 hours per week, Monday through Saturday, to preclude overtime being part of the services provided under the contract.

D.3 LOCATIONS FOR JANITORIAL SERVICES

All services are to be delivered on the following locations:

D.4 PERSONNEL

D.4.1 General The Contractor shall maintain discipline at the site and shall take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by Contractor employees at the site. The Contractor shall preserve peace and protect persons and property on site. The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee with another who has an approved security clearance to maintain continuity of services at no additional costs to the Government.

D.4.2 Standard of Conduct D.4.2.1 Uniforms and Personal Equipment. The Contractor's employees shall wear clean, neat and complete uniforms when on duty. All employees shall wear uniforms approved by the COTR. The Government reserves the right to require a change of uniforms if is considered that the Contractor’s employees are using torn, stained or worn out uniforms.

D.4.2.2 Neglect of duties shall not be condoned. The Contractor shall enforce no sleeping while on duty, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs and running personal errands of Government employees during duty hours and refusing to render assistance or cooperate in upholding the integrity of the worksite security.

D.4.2.3 Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned. Also included is participation in disruptive activities, which interfere with normal and efficient Government operations.

D.4.2.4 Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances that produce similar effects.

D.4.2.5 Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the following actions:

-falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records;

-unauthorized use of Government property, theft, vandalism, or immoral conduct;

-unethical or improper use of official authority or credentials;

-security violations; or, -organizing or participating in gambling in any form.

D.4.2.6 Key Control. The Contractor shall receive, secure, issue and account for any keys issued for access to buildings, offices, equipment, gates, etc., for the purposes of this contract. The Contractor shall not duplicate keys without the COTR's approval. Where it is determined that the Contractor or its agents have duplicated a key without permission of the COTR, the Contractor shall remove the individual(s) responsible from this contract. If the Contractor has lost any such keys, the Contractor shall immediately notify the COTR. In either event, the Contractor shall reimburse the Government for the cost of re-keying that portion of the system.

D.4.3 Personnel Health Requirements All employees shall be in good general health without physical disabilities that would interfere with acceptable performance of their duties. All employees shall be free from communicable diseases.

D.4.4 Notice to the Government of Labor Disputes

The Contractor shall inform the COTR of any actual or potential labor dispute that is delaying or threatening to delay the timely performance of this contract.

D.4.5 Personnel Security

D.4.5.1 After award of the contract, the Contractor shall provide the following list of data on each employee who will be working under the contract. The Contractor shall include a list of workers and supervisors assigned to this project. The Government will run background checks on these individuals. It is anticipated that security clearances will take at least 30 days to perform. For each individual the list shall include:

Full Name

Place and Date of Birth

Current Address

Copy of the Honduran Identification Card

D.4.5.2 The Government shall issue identity cards to Contractor personnel, after they are approved by the U.S. Embassy – Tegucigalpa Regional Security Office. Contractor personnel shall display identity card(s) on the uniform at all times while providing services under this contract. These identity cards are the property of the U.S. Government. The Contractor is responsible for their return at the end of the contract, when an employee leaves Contractor service, or at the request of the Government. The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual.

D.5 MATERIALS AND EQUIPMENT

The Contractor shall provide all equipment, materials, supplies, and clothing required to perform the services as specified in this contract. Such items include, but are not limited to uniforms, personnel equipment, tools, cleaning supplies, equipment and any other operational or administrative items required for performance of the duties and requirements of this contract. The Contractor shall maintain sufficient parts and spare equipment for all Contractor-furnished materials to ensure uninterrupted service.

D.6 INSURANCE

D.6.1 The contractor shall assume direct and exclusive responsibility for its employees for all labor obligations and social security requirements in compliance with the Honduran Labor Code. The Contractor, at its own expense, is required to provide and maintain whatever insurance is legally necessary during the entire performance period.

D.6.2 The Contractor shall provide workers' compensation insurance in accordance with FAR clause 52.228-3, "Worker's Compensation Insurance (Defense Base Act)" for those Contractor employees assigned to this contract who are:

(a) hired in the United States;

(b) residents of the U.S; or (c) citizens of the U.S.

See also AIDAR 752.228-3 Workers Compensation Insurance (Defense Base Act).

D.6.3 The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to:

a) any property of the Contractor,

b) its officers,

c) agents,

d) servants,

e) employees, or

f) any other person, arising from and incident to the Contractor's performance of this contract. The Contractor shall hold harmless and indemnify the Government from any and all claims arising, except in the instance of gross negligence on the part of the Government.

D.6.4 The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.

D.6.5 Time for Submission of Evidence of Insurance. The Contractor shall provide evidence of the insurance required under this contract within ten (10) calendar days after contract award. The Government may rescind or terminate the contract if the Contractor fails to timely submit insurance certificates identified above.

D.7 AUTHORIZATION TO PERFORM

By entering into this contract the contractor warrants the following:

(1) That is has obtained authorization to operate and do business in the country in which this contract will be performed;

(2) That is has obtained and shall maintain all necessary licenses and permits required to perform this contract; and,

(3) That it shall comply fully with all laws, decrees, labor standards, and regulations of the country where the services are performed during the entire period of performance of this contract.

D.8 TRANSITION PLAN

Within fifteen (15) days after contract award, the Contracting Officer may request that the contractor develop a plan for preparing the contractor to assume all responsibilities for these services. The plan shall establish the projected start date for performance of all services required under this contract. The plan shall assign priority to the selection of all supervisors to be used under the contract.

D.9 DELIVERABLES

The following items shall be delivered under this contract:

Description

Quantity Delivery_To

Date D.1.1 General Instructions

COTR

30 days after award

D.1.2.2 Schedules

COTR

Weekly

D.4.5.1 List of Personnel

COTR

5 days after award

D.6.5 Evidence of Insurance

COTR

10 days after award

D.7 Licenses/Permits

COTR

date of award

D.8 Transition Plan

COTR

15 days after award

D.10 QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan is designed to provide an effective surveillance method to promote effective contractor performance. The QASP provides a method for the Contracting Officer’s Technical Representative (COTR) to monitor contractor performance, advise the contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to conduct quality assurance to ensure that contract standards are achieved.

Services.

Performs all janitorial services set forth in the statement of work.

D.10.1 Surveillance. The COTR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COTR will send the complaints to the Contractor for corrective action.

D.10.2 Standard. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COTR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212-4, Contract Terms and Conditions – Commercial Items), if any of the services exceed the standard.

D.10.3 Procedures.

(a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COTR.

(b) The COTR will complete appropriate documentation to record the complaint.

(c) If the COTR determines the complaint is invalid, the COTR will advise the complainant. The COTR will retain the annotated copy of the written complaint for his/her files.

(d) If the COTR determines the complaint is valid, the COTR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COTR shall determine how much time is reasonable.

(e) The COTR shall, as a minimum, orally notify the Contractor of any valid complaints.

(f) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COTR. The COTR will review the matter to determine the validity of the complaint.

(g) The COTR will consider complaints as resolved unless notified otherwise by the complainant.

(h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COTR will contact the Contracting Officer for appropriate action under the Inspection clause.

D.11 CONTRACT ADMINISTRATION DATA

D.11.1 Administrative Contracting Office The Administrative Contracting Office address is:

Executive Office

USAID/Honduras

Avenida La Paz

Tegucigalpa, Honduras

D.11.2 Contracting Officer`s Technical Representative (COTR)

D.11.2.1 The Contracting Officer's Technical Representative (otherwise referred to as "COTR") is responsible for providing technical direction to the contractor, as well as fulfilling those duties and responsibilities as specified below.

D.11.2.2 The USAID / EXO General Services Coordinator shall be designated by separate memorandum at the time of award, issued by the USAID Regional Contracting Officer.

D.11.2.3 Technical Directions/Relationship with USAID

(a) Technical Directions is defined to include:

(1) Written directions to the Contractor which fill in details, suggest possible lines of inquiry, or otherwise facilitate completion of work;

(2) Provision of written information to the Contractor which assists in the interpretation of specifications or technical portions of the work statement;

(3) Review and, where required, provide written approval of technical reports, specifications, or technical information to be delivered. Technical directions must be in writing, and must be within the scope of the work.

(b) The COTR is authorized by designation to take any or all action with respect to the following which could lawfully be taken by the Contracting Officer, except any action specifically prohibited by the terms of this Contract:

(1) Assure that the Contractor performs the technical requirements of the contract in accordance with the contract terms, conditions, and specifications.

(2) Perform or cause to be performed, inspections necessary in connection with a) above and require the Contractor to correct all deficiencies; perform acceptance for the Government.

(3) Maintain all liaison and direct communications with the Contractor. Written communications with the Contractor and documents shall be signed as "COTR" with a copy furnished to the Contracting Officer.

(4) Issue written interpretations of technical requirements of Government specifications.

(5) Monitor the Contractor's production or performance progress and notify the Contractor in writing of deficiencies observed during surveillance, and direct appropriate action to effect correction. Record and report to the Contracting Officer incidents of faulty or nonconforming work, delays or problems.

(6) Obtain necessary security clearance and appropriate identification if access to Government facilities is required. If to be provided, ensure that Government furnished property is available when required.

LIMITATIONS: The COTR is not empowered to award, agree to, or sign any contract (including delivery or purchase orders) or modifications thereto, or in any way to obligate the payment of money by the Government. The COTR may not take any action which may impact on the contract schedule, funds, scope or rate of utilization of LOE. All contractual agreements, commitments, or modifications which involve prices, quantities, quality, schedules shall be made only by the Contracting Officer.

(c) The COTR is required to meet quarterly/semi-annually/annually with the Contractor and the Contracting Officer concerning performance of items delivered under this contract and any other administration or technical issues. Telephonic reports may be made if no problems are being experienced. Problem areas should be brought to the immediate attention of the Contracting Officer.

(d) In the absence of the designated COTR, the Contracting Officer may designate someone to serve as COTR in their place. However, such action to direct an individual to act in the COTR's stead shall immediately be communicated to the Contractor and the Contracting Officer.

(e) Contractual Problems - Contractual problems, of any nature, that may arise during the life of the contract must be handled in conformance with specific public laws and regulations (i.e. Federal Acquisition Regulation and Agency for International Development Acquisition Regulation). The Contractor and the COTR shall bring all contracting problems to the immediate attention of the Contracting Officer. Only the Contracting Officer is authorized to formally resolve such problems. The Contracting Officer will be responsible for resolving legal issues, determining contract scope and interpreting contract terms and conditions. The Contracting Officer is the sole authority authorized to approve changes in any of the requirements under this contract. Notwithstanding any clause contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. These changes include, but will not be limited to the following areas: scope of work, price, quantity, technical specifications, delivery schedules, and contract terms and conditions. In the event the Contractor effects any changes at the direction of any other person other than the Contracting Officer, the change will be considered to have been made without authority.

(f) Failure by the Contractor to report to the Administrative Contracting Office, any action by the Government considered to a change, within thirty days contained in FAR 52.243-7 (Notification of Changes), waives the Contractor's right to any claims for equitable adjustments.

D.11.3 Paying Office The paying office address is:

OFFICE OF THE FINANCIAL MANAGEMENT

USAID/HONDURAS

Avenida La Paz

Tegucigalpa, Honduras

D.11.4 Payment Upon satisfactory receipt of the terms of this contract and services described herein, the government agrees to pay the contractor monthly, as indicated in the Price/Cost Schedule per FAR 52.232-25 Prompt Payment. The contractor shall submit invoices in an original and one (1) copy to the office identified in Block 18b of the SF-1449. This invoice shall be certified by the COTR prior to payment.

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