RFP_70LGLY20RGLB00003_A0003.pdf

(x)

70LGLY20RGLB00003

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1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

GLYNCO GA 31524

FLETC GL

ATTN: MAUREEN CORPUS

1131 CHAPEL CROSSING RD

FEDERAL LAW ENFORCEMENT TRNG CTR

DEPARTMENT OF HOMELAND SECURITY

11/06/20200003

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

09/25/2020

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

FLETC Uniform, Equipment Issue and Laundry Services

Offerors shall provide a statement of compliance with FAR 52.222-50, Combating Trafficking in Persons, requirements and confirm subcontractors will accomplish a statement of compliance upon award.

1. Amendment 0003 is hereby issued and provides updated information to those Offerors who submitted response to the original solicitation response due date on October 23, 2020. No new Offerors will be accepted.

2. See Page 3, attachment Block 14 Continuation Sheet, Summary of Changes, that provides Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Maureen B. Corpus

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

TEL: EMAIL: 912-267-2021 Maureen.Corpus@fletc.dhs.gov x

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 131CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70LGLY20RGLB00003/0003

additional questions and answers, changes applicable to the Performance Work Statement (PWS) and Section E, Addendum to FAR 52.212-2, Phase 2, Factor 4, Price,as described herein.

Period of Performance: 01/01/2021 to 09/30/2025

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Department of Homeland Security (DHS) Uniform, Equipment Issue and Laundry Services Federal Law Enforcement Training Centers (FLETC) RFP 70LGLY20GLB00003, Amendment 0003

Block 14 Continuation Sheet, Summary of Changes:

3. The following are additional Questions and Answers presented as identified herein:

REF PWS

PG# QUESTION ANSWER

3.4 64 Page 62 of 143 identifies Building 76/Armory as a place of performance along with Buildings 680, 252, 49 and

830. However page 64 of 143 (PWS 3.4) does not list Building 76 as a government furnished janitorial support. What is the government’s expectation of us in regards to Building 76?

The armory is a very small space, all use areas will need minimal cleaning efforts – sweeping and wipe down of counter space. The common area with restrooms are cleaned by the Janitorial Contractor. Building 76 description is added, see page 64.

3.5 (3) 64 PWS 3.5 subparagraph states ‘specified members of the Transportation contract office staff will be required to have FLETC email accounts.’ Does this requirement apply to this contract?

Yes, paragraph 3.5 (3) is updated to read ‘Specified members of this contract will be required to have FLETC email accounts.’ See page 64.

4.3 65 PWS 4.3 identifies contractor provided janitorial services for Buildings 680, 252, 49 and 830. Do we have responsibilities to Building 76?

Yes, Building 76 is added, see page 65.

4.7 69 PWS 4.7 does not include a reference to Building 76. Was this an oversight?

Yes, paragraph description Building 76 is added, see page 69.

4.11 70 PWS 4.11 requires pest control services for Buildings 680, 252, 49 and 830. Do we have responsibilities to Building 76?

Yes, Building 76 is added to paragraph 4.11, see page 70.

5.2.2 72 PWS 5.2.2 identifies monthly activities and gives the break out by building.

Requirements for Building 76 were not included, is this an oversight?

Yes, Building 76 is added to paragraph 5.2.2, see page 72.

5.2.4 72 PWS 5.2.4 identifies inspection of the equipment that is being issued from each building except Building 76. Is there a requirement for the equipment issued and maintained at Building 76?

No surveys will be required from Building 76, only EOD will provide this action. Not contractor.

5.5.1 83 PWS 5.5.1 indicates a potential to provide support on weekends. How much advance notice will the government provide prior to requiring weekend support?

Notice will be provided a minimal of 2 days for Contractor to plan this support. This depends on the training need of the requirement.

Department of Homeland Security (DHS) Uniform, Equipment Issue and Laundry Services Federal Law Enforcement Training Centers (FLETC) RFP 70LGLY20GLB00003, Amendment 0003

4. Addendum to FAR 52.212-2, Phase 2, Factor 4, Price, paragraph (2) is changed to read as stated below. See page 131 of RFP 70LGLY20RGLB00003.

FROM:

(2) Offeror is required only to price the base and option periods. The Government may choose to exercise the Extension of Services at the end of any performance period (base or option periods), utilizing the rates of that performance period. Evaluation of options shall not obligate the Government to exercise the option(s).

TO:

(2) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. To account for the option periods possible under 52.217-8 (maximum of six months), Options to Extend Services, the Government will evaluate the option to extend services by adding six months of the Offeror’s final option period price to the Offeror’s total price. This amount will be the total evaluated price. The Government may choose to exercise the Option to Extend Services at the end of any performance period (base or option periods). Prices for the base and option

REF PWS

PG# QUESTION ANSWER

5.5.7 86 PWS 5.5.7 Since this is a new requirement (not identified in previous solicitations), how many total ATDs are to be issued and maintained? The requirement states 26 ATDs will be ready for class, but does not identify how many pieces of equipment the contractor will be responsible for or how many classes will be supported.

26 ATD sets per class is prepared.

Inventory of EOD ATD Equipment is added under TE 2, see attached TE 2 page 4.

5.5.7 86 PWS 5.5.7 indicates a potential to provide support on weekends. How much advance notice will the government provide prior to requiring weekend support?

Notice will be provided a minimal of 2 days for Contractor to plan this support. This depends on the training need of the requirement.

5.6.5 90 PWS 5.6.5 requires support for three separate CLINs (X006, X007 and X008).

Estimates are given for the contractor to establish support for CLINs 0006 and 0007, but not 0008. Can the government provide estimates for CLIN 0008?

This is Contractor’s pricing proposal for services effort identified for

CLIN 0008.

Section E, Addendum to FAR 52.212-1

127 Volume 2: Phase 2 requirement identifies in the management and technical approach that a ‘Pandemic Plan’ be discussed. In the PWS Section 6 and Technical Exhibit 6, a pandemic plan is not identified as a requirement. Is the government referring to the Risk and Contingency Plan?

Yes, Risk and Contingency Plan.

Pandemic Plan verbiage removed.

Department of Homeland Security (DHS) Uniform, Equipment Issue and Laundry Services Federal Law Enforcement Training Centers (FLETC) RFP 70LGLY20GLB00003, Amendment 0003 periods, including the 6-month option available under FAR 52.217-8, will be evaluated to ensure that they are fair and reasonable for performance of the requirements established in the solicitation and as proposed in the technical submission. The price for the effort associated with FAR 52.217-8 will not be included in the total awarded value at contract award. If, at the end of the contract’s period of performance (base or option periods) and within the time period established in the clause, the Government chooses to exercise this option, the pricing will be pursuant to the rates specified in the contract for the preceding performance period.

5. Pages 19 thru 143 of the RFP is hereby provided that includes the pages (64, 65, 69.70, 72, 83, 86, 90, 127, and 131) with changes identified with a black vertical line on the right margin for Amendment 0003 as described above.

6. Offerors are reminded to acknowledge all Amendments 0001 thru 0003 by including a signed copy with Phase 2 proposal submission.

7. All other solicitation requirements remain unchanged.

Department of Homeland Security (DHS) Federal Law Enforcement Training Centers (FLETC)

Uniform, Equipment Issue and Laundry Services RFP 70LGLY20RGLB00003, Amendment 0003

TABLE OF CONTENTS

SECTION A – SOLICITATION

SECTION B – SUPPLIES OR SERVICES

SECTION C – FAR AND HSAR CONTRACT CLAUSES

SECTION D – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

PART 1 - PERFORMANCE WORK STATEMENT

PART 2 - DEFINITIONS AND ACRONYMS

PART 3 – GOVERNMENT FURNISHED PROPERTY AND SERVICES

PART 4 – CONTRACTOR FURNISHED PROPERTY, SUPPLIES, AND SERVICES

PART 5 – SPECIFIC TASKS

PART 6 – REQUIRED PLANS AND DOCUMENTS

PART 7 – APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

PART 8 – SPECIAL CONTRACT REQUIREMENTS

SECTION E - SOLICITATION PROVISIONS

52.212-1 Instructions to Offerors - Commercial Items. (OCT 2018) ADDENDUM TO FAR 52.212-1 Instructions to Offerors Commercial Items (MAR 2020)

52.212-2 Evaluation - Commercial Items. (OCT 2014) ADDENDUM TO FAR 52.212-2 Evaluation - Commercial Items. (OCT 2014)

52.212-3 Offeror Representations and Certifications-Commercial Items. (OCT 2018)

Uniform, Equipment Issue and Laundry Services

SECTION A – SOLICITATION

This is a Request for Proposal (RFP) for Uniform, Equipment Issue and Laundry Services for the Department of Homeland Security (DHS), Federal Law Enforcement Training Centers (FLETC) Glynco, Georgia. This is prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation and a written solicitation will not be issued.

The RFP incorporates provisions and clauses that are in effect from the Federal Acquisition Circular 2020-09, Dated 08-27-2020.

This is a commercial item acquisition action for a competitive 8(a) under the 8(a) Business Development Program with the Small Business Administration.

The North American Industry Classification System Code (NAICS) is 561210, Facility Support Services, Small Business Size Standard is $41.5 million.

Acceptance of an award certifies that the firm will comply with FAR 52.222-50, Combating Trafficking in Persons, by notifying all employees and subcontractors at all levels.

See Provision FAR 52.212-1, Instructions to Offerors-Commercial Items, Addendum applies to this acquisition and is included in Section E of this solicitation.

A site visit will not be conducted; in lieu, a FLETC Site Slide Presentation will be provided for viewing at a later date.

All services in this solicitation will be required for any resultant award. Any further and all questions shall be submitted in writing on or before, October 5, 2020, Monday no later than 2:00 p.m. No questions will be accepted after this deadline. Prospective Offerors are requested to submit questions in writing to the Contracting Officer as listed below. Telephonic inquiries will not be entertained. Responses to questions will be answered, and will be posted via an amendment to the solicitation.

Contracting Officer: Maureen Corpus, email address: Maureen.Corpus@fletc.dhs.gov

Current Contract: 70LGLY20CGLB00003

Incumbent Contractor Information: T47 International, Inc.

8235 Pen Randall Pl, Ste 204 Upper Marlboro, MD 20772-2639

SECTION B – SUPPLIES OR SERVICES

(NOTE: SEE SCHEDULE ON SF 1449 INCLUDED IN THIS RFP 70LGLY20RGLB00003)

PERFORMANCE PERIODS PERFORMANCE DATES

BASE PERIOD January 1, 2021 thru September 30, 2021

OPTION YEAR 1 October 1, 2021 thru September 30, 2022 OPTION YEAR 2 October 1, 2022 thru September 30, 2023 OPTION YEAR 3 October 1, 2023 thru September 30, 2024 OPTION YEAR 4 October 1, 2024 thru September 30, 2025

Uniform, Equipment Issue and Laundry Services

SECTION C – FAR AND HSAR CONTRACT CLAUSES

52.204-1 Approval of Contract. (DEC 1989)

This contract is subject to the written approval of Chief, Glynco Operations Branch and shall not be binding until so approved.

(End of clause)

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

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

52.203-3 Gratuities. (APR 1984) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.203-13 Contractor Code of Business Ethics and Conduct. (OCT 2015) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower

Rights. (APR 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) 52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications. (N) 52.208-9 Contractor Use of Mandatory Sources of Supply or Services. (MAY 2014) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (NOV 2015) 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements-Commercial Item Acquisition. (FEB 2007)

(For the following CLINS only: X009, X010 and X011) 52.222-1 Notice to the Government of Labor Disputes. (FEB 1997) 52.223-1 Biobased Product Certification. (MAY 2012) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013) 52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997) 52.223-4 Recovered Material Certification. (MAY 2008) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-10 Waste Reduction Program. (MAY 2011) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018) 52.223-19 Compliance with Environmental Management Systems. (MAY 2011) 52.229-3 Federal, State, and Local Taxes. (FEB 2013) 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts. (AUG 2012)

(For the following CLINS only: X009, X010 and X011) 52.232-9 Limitation on Withholding of Payments. (APR 1984) 52.232-11 Extras. (APR 1984) 52.232-18 Availability of Funds. (APR 1984) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) 52.237-3 Continuity of Services. (JAN 1991) 52.242-13 Bankruptcy. (JUL 1995) 52.242-15 Stop-Work Order. (AUG 1989) 52.242-17 Government Delay of Work. (APR 1984) 52.243-1 Changes - Fixed-Price. (AUG 1987) and Alternate I (APR 1984)

Uniform, Equipment Issue and Laundry Services

52.244-6 Subcontracts for Commercial Items. (AUG 2020) 52.245-1 Government Property. (JAN 2017) 52.245-9 Use and Charges (APR 2012) 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996) 52.246-16 Responsibility for Supplies. (APR 1984) 52.246-25 Limitation of Liability - Services. (FEB 1997) 52.253-1 Computer Generated Forms. (JAN 1991) 3052.222-70 Strikes or picketing affecting timely completion of the contract work. (DEC 2003) 3052.222-71 Strikes or picketing affecting access to a DHS facility. (DEC 2003)

52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018)

1. (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance 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-

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

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

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

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

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

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

6. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.

The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

7. (g) Invoice.

a. (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. (i) Name and address of the Contractor;

ii. (ii) Invoice date and number;

iii. (iii) Contract number, line item number and, if applicable, the order number;

iv. (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

v. (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. (vi) Terms of any discount for prompt payment offered;

vii. (vii) Name and address of official to whom payment is to be sent;

viii. (viii) Name, title, and phone number of person to notify in event of defective invoice; and

Uniform, Equipment Issue and Laundry Services

ix. (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

x. (x) Electronic funds transfer (EFT) bankinginformation.

1. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

2. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer- Other Than System for Award Management), or applicable agency procedures.

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

b. (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 CFRPart1315.

8. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

9. (i) Payment.-

a. (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

b. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment

Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part1315.

c. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

d. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

e. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

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

1. (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

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

3. (C) Affected line item or subline item, if applicable; and

4. (D) Contractor point of contact.

ii. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

f. (6) Interest.

i. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

ii. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

iii. (iii) Final decisions. The Contracting Officer will issue a final decision as required by

33.211 if–

1. (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

Uniform, Equipment Issue and Laundry Services

2. (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in thedemand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

3. (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

iv. (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. (v) Amounts shall be due at the earliest of the following dates:

1. (A) The date fixed under this contract.

2. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

vi. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

1. (A) The date on which the designated office receives payment fromthe

Contractor;

2. (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

3. (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

vii. (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.

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

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

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

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

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

13. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination forconvenience.

14. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

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

16. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

Uniform, Equipment Issue and Laundry Services

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

18. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

19. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

a. (1) The schedule of supplies/services.

b. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws

Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

c. (3) The clause at 52.212-5.

d. (4) Addenda to this solicitation or contract, including any license agreements for computer software.

e. (5) Solicitation provisions if this is a solicitation.

f. (6) Other paragraphs of this clause.

g. (7) The Standard Form 1449.

h. (8) Other documents, exhibits, and attachments.

i. (9) The specification.

20. (t) [Reserved]

21. (u) Unauthorized Obligations.

a. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

i. (i) Any such clause is unenforceable against the Government.

ii. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

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

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

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

Alternate I (Jan 2017). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

Uniform, Equipment Issue and Laundry Services

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

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

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(i) “Direct materials” means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) “Hourly rate” means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) “Materials” means-

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(E) Indirect costs specifically provided for in this clause.

(iv) “Subcontract” means any contract, as defined in FAR subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a proratedbasis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

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(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial item at 2.101, the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price, adjusted to reflectthe-

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor’s payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall-

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: [Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert “None” if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert “Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert ‘None’.”]

(2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price:

[Insert a fixed amount for the indirect costs and payment schedule. Insert “$0” if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert “Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert ‘None’).”]

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(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation.

If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.

(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-

(A) The original timecards (paper-based or electronic);

(B) The Contractor’s timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.

(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any

Uniform, Equipment Issue and Laundry Services such increases, unless the parties agree otherwise. The Contractor’s payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall-

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

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

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

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6)(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established 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…