RFQ 70RFPW24QW9000001 Amendment 0001.pdf

PDF 2 MB Posted Apr 19, 2024

Attached to: Dry Cleaning Services in San Francisco, CA
Solicitation number: 70RFPW24QW9000001
Issued by: Department of Homeland Security Office of Procurement Operations

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Written by GovTribe AI · Apr 19, 2024

This document is an amendment to a Request for Quote (RFQ) for dry cleaning, laundry, alteration, and repair services for the Federal Protective Service (FPS) in San Francisco, CA. The Contractor shall provide all required personnel, equipment, transportation, and supplies to perform these services. The current contract has an estimated 20 FPS staff that will utilize the contract. Key details include:

The period of performance is 5 years, with a base period from 7/1/2024 to 6/30/2025 and four 1-year option periods. The Service Contract Act applies, and the applicable wage determination is WD 2015-5637, Rev. 25, dated 12/26/2023. The Government anticipates issuing a firm-fixed-price, not-to-exceed purchase order. This is a total small business set-aside. Offers are due by 6/15/2024 at 8:00 AM PT. The contract contains standard FAR clauses for commercial items and services contracts.

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Other files

File	Type	Posted
70RFPW24QW9000001 A0003.pdf	PDF	May 15, 2024
70RFPW24QW9000001 Amendment 0002.pdf	PDF	May 3, 2024
70RFPW24QW9000001-SF1449.pdf	PDF	Apr 18, 2024
Pricing Schedule.xls	XLS spreadsheet	Apr 18, 2024

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(x)

70RFPW23RW9000001

x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication 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 letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

Auburn WA 98001 Attn: Dolor E. Alegrado

OPO/FPS/WEST CCG/R9

400 15th Street SW Ofc of Procurement Operations - FPS U.S. Dept. of Homeland Security DHS/FPS/West CCG/Region 9

Auburn WA 98001 400 15th Street SW

70RFPW

Federal Protective Service Acq. Division Office of Procurement Operations U.S. Dept. of Homeland Security

FPS WEST CCG (70RFPW)

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

06/16/2023

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 data, 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.

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)

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

Kelly Minturn

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

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

REQUISITION: 192124R09SRVP0015

CO: Kelly Minturn, (206) 305-8485 Email: Kelly Minturn@fps.dhs.gov

CS/CO: Dolor E. Alegrado, (253) 326-6839

Email: Dolor.E.Alegrado@fpsh.dhs.gov

RFQ FOR DRY CLEANING SERVICES IN SAN FRANCISCO, CA

Continued ...

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 .

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

70RFPW23RW9000001/0001

1. The purpose of this Amendment 0001 is incorporated a corrected version of SF1449.

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

Sponsored by GSA

FAR (48 CFR) 53.110

Base Period:

CLIN Description Est. Quantity Unit Price

0001 Dry Cleaning and Alteration Services

Class "A" and B Uniforms:

Dry Cleaning and Pressing Blue Dress Jacket $

Cleaning and Pressing White Dress Long Sleeve Shirt $

Cleaning and Pressing Blue Long Sleeve Shirt $

Dry Cleaning and Pressing Blue Dress Pants $

Dry Cleaning Tactical Tie $

Class “C” and "D" (K-9) Uniforms:

Cleaning and Pressing Long Sleeve TDU Shirt $

Cleaning and Pressing Short Sleeve TDU Shirt $

Cleaning and Pressing Long Sleeve BDU Shirt $

Cleaning and Pressing Short Sleeve BDU Shirt $

Cleaning and Pressing TDU Pants $

Class “F” and "G" Soft Uniforms:

Cleaning and Pressing Polo with Embroidered Badge $

Cleaning and Pressing 511 Tactical Style Pants $

Cleaning and Pressing Pants Short $

Cleaning and Pressing Pant Long $

Government Purchased Office-Dress:

Business Dress Slacks $

Business Dress Shirts $

Business Dress Jacket $

White or Blue Collared Dress Shirt $

Outer Wear:

Cleaning Ballistic vest, Ballistic Vest Cover, Exterior Vest Carrier $

Dry Cleaning of Uniform Sweater $

Cleaning Rain Jacket $

Cleaning of Rain Pants $

Cleaning of Cold Weather Jackets $

Cleaning of Parkas $

Class “G” Bicycle Jacket $

FPS Issue hats/caps; Baseball Style Caps, Other Hats $

Alterations:

Pants - Shortening/Lengthing $

Shorting Sleeves $

Sewing of Buttons $

RFQ: 70RFPW24QW9000001

SECTION B. PRICING SCHEDULE

DRY CLEANING SERVICES IN SAN FRANCISCO, CA

Sewing of Patches $

Repairing of Zippers up to 12" $

Repairing of Holes $

First Option Period:

CLIN Description Est. Quantity Unit Price

1001 Dry Cleaning and Alteration Services

Class "A" and B Uniforms:

Dry Cleaning and Pressing Blue Dress Jacket $

Cleaning and Pressing White Dress Long Sleeve Shirt $

Cleaning and Pressing Blue Long Sleeve Shirt $

Dry Cleaning and Pressing Blue Dress Pants $

Dry Cleaning Tactical Tie $

Class “C” and "D" (K-9) Uniforms:

Cleaning and Pressing Long Sleeve TDU Shirt $

Cleaning and Pressing Short Sleeve TDU Shirt $

Cleaning and Pressing Long Sleeve BDU Shirt $

Cleaning and Pressing Short Sleeve BDU Shirt $

Cleaning and Pressing TDU Pants $

Class “F” and "G" Soft Uniforms:

Cleaning and Pressing Polo with Embroidered Badge $

Cleaning and Pressing 511 Tactical Style Pants $

Cleaning and Pressing Pants Short $

Cleaning and Pressing Pant Long $

Government Purchased Office-Dress:

Business Dress Slacks $

Business Dress Shirts $

Business Dress Jacket $

White or Blue Collared Dress Shirt $

Outer Wear:

Cleaning Ballistic vest, Ballistic Vest Cover, Exterior Vest Carrier $

Dry Cleaning of Uniform Sweater $

Cleaning Rain Jacket $

Cleaning of Rain Pants $

Cleaning of Cold Weather Jackets $

Cleaning of Parkas $

Class “G” Bicycle Jacket $

FPS Issue hats/caps; Baseball Style Caps, Other Hats $

Alterations:

Pants - Shortening/Lengthing $

Shorting Sleeves $

Sewing of Buttons $

Sewing of Patches $

Repairing of Zippers up to 12" $

Repairing of Holes $

Second Option Period:

CLIN Description Est. Quantity Unit Price

2001 Dry Cleaning and Alteration Services

Class "A" and B Uniforms:

Dry Cleaning and Pressing Blue Dress Jacket $

Cleaning and Pressing White Dress Long Sleeve Shirt $

Cleaning and Pressing Blue Long Sleeve Shirt $

Dry Cleaning and Pressing Blue Dress Pants $

Dry Cleaning Tactical Tie $

Class “C” and "D" (K-9) Uniforms:

Cleaning and Pressing Long Sleeve TDU Shirt $

Cleaning and Pressing Short Sleeve TDU Shirt $

Cleaning and Pressing Long Sleeve BDU Shirt $

Cleaning and Pressing Short Sleeve BDU Shirt $

Cleaning and Pressing TDU Pants $

Class “F” and "G" Soft Uniforms:

Cleaning and Pressing Polo with Embroidered Badge $

Cleaning and Pressing 511 Tactical Style Pants $

Cleaning and Pressing Pants Short $

Cleaning and Pressing Pant Long $

Government Purchased Office-Dress:

Business Dress Slacks $

Business Dress Shirts $

Business Dress Jacket $

White or Blue Collared Dress Shirt $

Outer Wear:

Cleaning Ballistic vest, Ballistic Vest Cover, Exterior Vest Carrier $

Dry Cleaning of Uniform Sweater $

Cleaning Rain Jacket $

Cleaning of Rain Pants $

Cleaning of Cold Weather Jackets $

Cleaning of Parkas $

Class “G” Bicycle Jacket $

FPS Issue hats/caps; Baseball Style Caps, Other Hats $

Alterations:

Pants - Shortening/Lengthing $

Shorting Sleeves $

Sewing of Buttons $

Sewing of Patches $

Repairing of Zippers up to 12" $

Repairing of Holes $

Third Option Period:

CLIN Description Est. Quantity Unit Price

3001 Dry Cleaning and Alteration Services

Class "A" and B Uniforms:

Dry Cleaning and Pressing Blue Dress Jacket $

Cleaning and Pressing White Dress Long Sleeve Shirt $

Cleaning and Pressing Blue Long Sleeve Shirt $

Dry Cleaning and Pressing Blue Dress Pants $

Dry Cleaning Tactical Tie $

Class “C” and "D" (K-9) Uniforms:

Cleaning and Pressing Long Sleeve TDU Shirt $

Cleaning and Pressing Short Sleeve TDU Shirt $

Cleaning and Pressing Long Sleeve BDU Shirt $

Cleaning and Pressing Short Sleeve BDU Shirt $

Cleaning and Pressing TDU Pants $

Class “F” and "G" Soft Uniforms:

Cleaning and Pressing Polo with Embroidered Badge $

Cleaning and Pressing 511 Tactical Style Pants $

Cleaning and Pressing Pants Short $

Cleaning and Pressing Pant Long $

Government Purchased Office-Dress:

Business Dress Slacks $

Business Dress Shirts $

Business Dress Jacket $

White or Blue Collared Dress Shirt $

Outer Wear:

Cleaning Ballistic vest, Ballistic Vest Cover, Exterior Vest Carrier $

Dry Cleaning of Uniform Sweater $

Cleaning Rain Jacket $

Cleaning of Rain Pants $

Cleaning of Cold Weather Jackets $

Cleaning of Parkas $

Class “G” Bicycle Jacket $

FPS Issue hats/caps; Baseball Style Caps, Other Hats $

Alterations:

Pants - Shortening/Lengthing $

Shorting Sleeves $

Sewing of Buttons $

Sewing of Patches $

Repairing of Zippers up to 12" $

Repairing of Holes $

Fourth Option Period:

CLIN Description Est. Quantity Unit Price

4001 Dry Cleaning and Alteration Services

Class "A" and B Uniforms:

Dry Cleaning and Pressing Blue Dress Jacket $

Cleaning and Pressing White Dress Long Sleeve Shirt $

Cleaning and Pressing Blue Long Sleeve Shirt $

Dry Cleaning and Pressing Blue Dress Pants $

Dry Cleaning Tactical Tie $

Class “C” and "D" (K-9) Uniforms:

Cleaning and Pressing Long Sleeve TDU Shirt $

Cleaning and Pressing Short Sleeve TDU Shirt $

Cleaning and Pressing Long Sleeve BDU Shirt $

Cleaning and Pressing Short Sleeve BDU Shirt $

Cleaning and Pressing TDU Pants $

Class “F” and "G" Soft Uniforms:

Cleaning and Pressing Polo with Embroidered Badge $

Cleaning and Pressing 511 Tactical Style Pants $

Cleaning and Pressing Pants Short $

Cleaning and Pressing Pant Long $

Government Purchased Office-Dress:

Business Dress Slacks $

Business Dress Shirts $

Business Dress Jacket $

White or Blue Collared Dress Shirt $

Outer Wear:

Cleaning Ballistic vest, Ballistic Vest Cover, Exterior Vest Carrier $

Dry Cleaning of Uniform Sweater $

Cleaning Rain Jacket $

Cleaning of Rain Pants $

Cleaning of Cold Weather Jackets $

Cleaning of Parkas $

Class “G” Bicycle Jacket $

FPS Issue hats/caps; Baseball Style Caps, Other Hats $

Alterations:

Pants - Shortening/Lengthing $

Shorting Sleeves $

Sewing of Buttons $

Sewing of Patches $

Repairing of Zippers up to 12" $

Repairing of Holes $

SECTION I

CONTRACT CLAUSES, TERMS AND CONDITIONS

52.212-4 - Contract Terms and Conditions -- Commercial Products and Commercial

Services (Nov 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the

Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any

Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the

Contractor may not assign its rights to receive payment under this contract.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at

Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The

Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

RFQ: 70RFPW24QW9000001

DRY CLEANING SERVICES IN SAN FRANCISCO, CA

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.202-1#FAR_52_202_1

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor,

(ii) Invoice date and number,

(iii) Contract number, line-item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading,

(vi) Terms of any discount for prompt payment offered,

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

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

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

(x) Electronic funds transfer (EFT) banking information.

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

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

Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and

Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

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

(i) Payment.-

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

RFQ: 70RFPW24QW9000001

DRY CLEANING SERVICES IN SAN FRANCISCO, CA

https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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

Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

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

(4) Discount. In connection with any discount offered for 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.

(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) 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;

(D) Contractor point of contact.

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

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 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) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

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

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting

Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

RFQ: 70RFPW24QW9000001

DRY CLEANING SERVICES IN SAN FRANCISCO, CA

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.212-5#FAR_52_212_5 https://www.acquisition.gov/far/33.211#FAR_33_211

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

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

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

(A) The date fixed under this contract.

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

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

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(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 the Government upon:

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

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

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

(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.

RFQ: 70RFPW24QW9000001

DRY CLEANING SERVICES IN SAN FRANCISCO, CA

https://www.acquisition.gov/far/32.607-2#FAR_32_607_2 https://www.acquisition.gov/far/32.608-2#FAR_32_608_2

(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 for convenience.

(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.

(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.

(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.

(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.

(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; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

RFQ: 70RFPW24QW9000001

DRY CLEANING SERVICES IN SAN FRANCISCO, CA

https://www.acquisition.gov/far/52.212-5#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(t) [Reserved]

(u) Unauthorized Obligations.

(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) Any such clause is unenforceable against the Government.

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

(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.

(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.

(End of Clause)

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL ITEMS

A. CONTRACT TYPE

Services shall be furnished with firm fixed price in accordance with Schedule B, Pricing

Schedule.

B. DELIVERY OR PERFORMANCE - TERM OF CONTRACT

The full term of the contract will be up to 66 months, if all established optional ordering periods are exercised. Established optional ordering periods may be exercised in accordance with FAR

52.217-9 “Option to Extend the Term of the Contract” and FAR 52.217-8 “Option To Extend

Services.”

C. CONTRACT ADMINISTRATION DATA

SUBMISSION OF INVOICES

A. Invoices shall be submitted for payment within 30 days after completion of the prior month’s services. Invoices shall not contain any employee Personally Identifiable Information (PII).

Invoices shall be submitted via one of the following two methods:

1. By mail: FPS-Region 09

DHS, FPS

Financial Operations-Burlington

P.O. Box 1279

Williston, VT 05495-1279

Attn: FPS Region 09 Invoice

2. By e-mail: FPSInvoice.Consolidation@ice.dhs.gov

The invoice number and FPS Region 09 shall be annotated in the subject line of the e-mail. Only (1) invoice shall be submitted per e-mail message. The invoice attached to the e-mail shall be in Portable Document Format (PDF)

Invoices submitted by other than these two methods will not be processed and will be returned.

All invoices submitted for payment under this order shall be submitted to the physical or email address shown in paragraph #2 above.

C. Contractors shall provide an informational copy of each invoice to the Contacting Officers

Representative at maria.s.chavez-stanfill@fps.dhs.gov and Contract Specialist at

Dolor.E.Alegrado@fps.dhs.gov with concurrent submission to the designated billing office listed above.

D. In addition to the information required for a proper invoice as identified in FAR 52.212-4

(g)(1), Contract Terms and Conditions – Commercial Items, (Nov 2023), the contractor shall include the following information:

1. Annotate “FPS Region 9” on the face of each invoice

2. Clearly identify the period of performance (specific dates) the dry-cleaning services were performed.

3. Cite the identical CLIN description on the invoice as what is cited within the

CLIN description listed in the contract.

E. Contractors shall submit only one invoice per contract or order per month. Failure to comply with these submission requirements will result in rejection of the invoice.

F. Final invoices shall be marked “FINAL” and be accompanied by an executed “Contractor’s

Release” (DHS Form 700-3 (12/07)) available at http://dhsconnect.dhs.gov/forms/documents/DHS_Form_700-3.pdf or by request to the

Contracting Officer. A release discharging the Government, its officers, agents and employees of and from all liabilities, obligations, and claims arising out of or under this contract subject only to the exceptions listed at FAR 52.212-4 (ALT1), paragraph (i)(7)(i)-(iii) is a condition precedent to final payment.

D. PAYMENTS

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

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mailto:FPSInvoice.Consolidation@ice.dhs.gov mailto:maria.s.chavez-stanfill@fps.dhs.gov mailto:Dolor.E.Alegrado@fps.dhs.gov http://dhsconnect.dhs.gov/forms/documents/DHS_Form_700-3.pdf

Payment will be due on the 30th calendar day after receipt of a proper invoice or date of receipt of services, whichever is later.

2. It is the objective of the Government to obtain complete and satisfactory performance in accordance with the terms of specifications and requirements of this contract.

3. The Contractor is responsible for submitting accurate invoices that reflect the actual services provided each month. Where there are variances between the requirements cited in the contract and the work actually performed, the Contractor shall attach a separate sheet to the invoice detailing each instance of a variance. The Contractor shall compute the total invoice amount to match the prices of the actual items cleaned or drycleaned. Repeated substantiated errors in invoicing may adversely affect the performance assessments assigned during the pendency of the contract. Submission of false invoices shall be subject to contractual and legal actions.

4. Any inquiries regarding payment shall be directed to the COR and/or CO.

THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT

ADMINISTRATION

A. Contracting Officer (CO)

1. The CO for this contract is: Kelly Minturn, Kelly.M.Minturn@fps.dhs.gov

2. The CO has the overall responsibility for the administration of the contract. The CO alone is authorized to take action on behalf of the Government to amend, modify or deviate from the contract’s terms and conditions; make final decisions on unsatisfactory performance; terminate the contract for convenience or cause; and issue final decisions regarding questions or matters under dispute. The CO may delegate certain other responsibilities to an authorized representative.

B. Contract Specialist (CS)

1. The CS for the contract is: Dolor E. Alegrado at 253-525-9256 or email

Dolor.E.Alegrado@fps.dhs.gov

2. The CS is responsible for administering this contract on behalf of the CO.

C. Government Point of Contact (POC)

The POC for this contact is: Maria Chavez-Stanfill at 619-417-6745 or email, maria.s.chavez-stanfill@fps.dhs.gov

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://farsite.hill.af.mil https://www.acquisition.gov

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mailto:Kelly.M.Minturn@fps.dhs.gov mailto:Dolor.E.Alegrado@fps.dhs.gov mailto:maria.s.chavez-stanfill@fps.dhs.gov mailto:maria.s.chavez-stanfill@fps.dhs.gov http://farsite.hill.af.mil/ https://www.acquisition.gov/

NUMBER TITLE DATE

52.204-7 System for Award Management OCT 2018

52.223-6 Drug-Free Workplace MAY 2001

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors DEC 2013

52.232-18 Availability of Funds APR 1984

52.237-3 Continuity of Services JAN 1991

52.242-15 Stop Work Order AUG 1989

52.245-1 Government Property SEP 2021

(End of Clause)

3052.205-70 ADVERTISEMENTS, PUBLICIZING AWARDS, AND RELEASES (SEP

2012)

The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

(End of Clause)

3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES

(JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland

Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity.

The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the

Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland

Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities

(including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the

Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests, incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

(End of clause)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items (FEB 2024)

(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 products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

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https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(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 products and commercial services:

[Contracting Officer check as appropriate.]

__(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__(2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 41 U.S.C. 3509)).

__(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__(4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

__(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__(6) [Reserved].

__(7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).

__(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

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https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6…

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