a. 1204R320Q0010.pdf

Hells Canyon National Recreation Area Riggins Office Janitorial Solicitation Page 1 of 44

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

Offeror to complete blocks 12, 17, 23, 24, & 30 44

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

1204R320Q0010 04/20/2020

7. FOR SOLICITATION

a. NAME b. TELEPHONE (No Collect Calls) 8. OFFER DUE DATE/

LOCAL TIME 4:30 PM

INFORMATION CALL Breanne Parker—Contract Specialist 541-278-3944 05/15/2020

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

UNRESTRICTED

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED.

12. DISCOUNT TERMS

USDA FOREST SERVICE SET-ASIDE. 100% FOR SEE SCHEDULE

UMATILLA NATIONAL FOREST SMALL BUSINESS,

HUBZONE SMALL BUSINESS

13a. THIS CONTRACT IS A RATED ORDER

72510 COYOTE RD

PENDLETON, OREGON 97814

8(A)

UNDER DPAS (15 CFR 700)

SOLE SOURCE 13b. RATING

NAICS: 561720

14. METHOD OF SOLICITATION

SIZE STANDARD: $19.5 RFQ IFB RFP

15. DELIVER TO: CODE 16. ADMINISTERED BY CODE

HELLS CANYON NAT. REC. AREA

1339 HIGHWAY 95 SOUTH

RIGGINS, IDAHO 83549

Same as Block 9

17a. CONTRACTOR/OFFEROR CAGE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

DUNS #____________________________

INVOICE PROCESSING PLATFORM

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

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER IS CHECKED: SEE ADDENDA

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Janitorial Services for the Hells Canyon Nat. Rec. Area

Office located in Riggins, Idaho.

See page 2 of this solicitation for the Schedule of Items

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 and ADDENDA ARE ARE NOT ATTACHED.

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

28.

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

CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED

ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

HEREIN.

29.

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

(BLOCK 30c) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER 31c. DATE SIGNED

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

Hells Canyon National Recreation Area Riggins Office Janitorial Solicitation Page 2 of 44

SECTION B - Supplies or Services and Prices/Costs Schedule of Items

19. ITEM NO 20. SCHEDULE OF

SUPPLIES/SERVICES

21.

QT

Y

22.

UNIT

23. UNIT PRICE 24. AMOUNT

Janitorial Services for the Riggins HCNRA

Office

1 Base year (Contract period of

6/1/20 -5/31/2021}

12 MO

2 First Option Year (Contract period of 6/1/2021 - 5/31/2022) if exercised

3 Second Option Year

(Contract period of 6/1/2022

– 5/31/2023) if exercised

TOTAL FOR ALL ITEMS $____________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED

INSPECT

ED

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________

32b. SIGNATURE OF AUTHORIZED

GOVT. REPRESENTATIVE

32c.

DATE

32.d PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32.e MAILING ADDRESS OF AUTHORIZED

GOVERNMENT REPRESENTATIVE

32.f TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

PARTIAL

FINAL

34.

VOUCHER

NUMBER

35.

AMOUNT

VERIFIED

CORRECT

FOR

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT

NUMBER

39. S/R

VOUCHER

NUMBER

40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND

PROPER FOR PAYMENT

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF

CERTIFYING OFFICER

41c.

DATE

42b. RECEIVED AT (Location)

42c. DATE

REC’D

(YY/MM/DD)

42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 4/2002) BACK

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SECTION C - Description/Specifications/Statement of Work

1. PERFORMANCE WORK STATEMENT

The Contractor shall furnish all labor, supervision, transportation, equipment, supplies (unless specified elsewhere as

Government-furnished Property), and incidentals to perform janitorial services at the Hells Canyon National Recreation

Area Office in Riggins, Idaho.

All services shall be performed weekly, and during closed office hours. The office is open Monday through Friday 0800-

1700 MST year long.

2. PROJECT LOCATIONS AND SPECIFICATIONS

The Government is not responsible for any error or variation in the square footage listed, nor will the Contractor, because of any error or variation in the square footage listed, be relieved of his/her responsibility to carry out the contract in accordance with the true intent and meaning of the specifications and there shall be no additional cost to the Government based solely on an error or variation in the square footage or other similar miscalculations listed. The descriptions below are the areas that are intended to be covered by the resultant contract.

The Hells Canyon National Recreation Area Office (HCNRA) is located approximately one half mile south of the town of

Riggins, Idaho at 1339 S.HWY 95. The office was constructed in 2004 and is a modular building.

The Office building consists of one lobby with tile floors, a receptionist area, three staff offices, one open employee work area, three bathrooms, one conference room, a mechanical room, and a communications room. The size of the total office is 2575 square feet. The office has six windows measuring 60” by 42” each, 15 windows measuring 24” x 60” and one window measuring 48” x 18” as well as one front door with side glass panels, and two single doors with glass. The office has a combination of flooring, ceramic tile, vinyl flooring, and carpet. The office has a cement wrap around front porch and single steps in the back. (refer to Office Layout exhibit 2).

3. WORK PERFORMANCE STANDARDS

Cleaning shall be required more often as necessary to produce the end-results specified below:

All interior space shall be free of obvious dirt, debris, and dust. This includes displays in the lobby area.

All glass surfaces shall be clean not cloudy, free of all streaks, smudges, water marks, and dirt. The cleaning of exterior glass surfaces shall be scheduled with the Contracting Officer and completed bi-annually. All mini-blinds and windowsills shall be free of dust and cobwebs.

Furniture shall be free of spots, stains, dirt, debris, and dust. Note: Service is not required for desks, desk chairs, or furniture in employee work spaces.

Carpets shall be free of spots, stains, dirt, debris, and odors. Floors requiring a finish shall be maintained at a high luster, uniform appearance without buildup, and free of all marks, dust, dirt, and debris. Shampooing carpets and waxing floors shall be scheduled with the Contracting Officer and completed bi-annually. Note: Service does not include picking up items left on the floor by personnel. Many personnel are field-going so the Contractor shall anticipate mud, rocks, pebbles, and the like to be tracked into all areas of the building.

Walls shall be free of dust, soil substances, cobwebs, and markings.

Exterior ash trays and garbage receptacles are to be emptied and present a clean appearance.

All trash shall be collected and disposed of in the Government-provided dumpsters unless they are recyclable materials..

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Trash cans shall be emptied and keep free of dirt, stains, odors, and debris. Plastic liners for trash containers shall not be torn, worn, or contain residue. Recycling containers for glass, plastic, aluminum, colored paper, white paper, newspaper, cardboard, are present on site. Contractor shall recycle all recyclable materials discarded when appropriate.

Restrooms and all fixtures shall be cleaned, disinfected, and free of odors, mold, encrustations, and debris. Floors shall be cleaned, disinfected, and free of dust, dirt, and debris. Partitions and walls shall be free of obvious dirt, dust, and spills.

Restroom supplies shall be replenished as needed to maintain an adequate supply.

Entryways, porches, steps, and sidewalks shall be free of all litter, gravel, dirt, dust, and cobwebs. Parking areas and driveways shall be free of all litter and debris.

Contractor shall use biobased “green” cleaning products whenever possible.

22. BIOBASED PRODUCTS

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased products. The Contractor shall utilize the greatest number of biobased products available that meet applicable health and environmental specifications.

The following is a list of categories for products that may be required for performance of custodial duties. Each product submitted for use under this contract must be identified with at least one of these categories (some products may be listed under more than one category). Labeling shall be printed on all containers.

Contractor is required to furnish MSDS sheets on all products used to perform these services.

All purpose cleaner Degreaser/cleaner

Heavy duty cleaner Deodorizer

Carpet shampoo Floor finish

Gum Remover Floor finish restorer

Disinfectant sanitizer Floor sealer

Extraction Fluid Furniture polish

Floor stripper Glass cleaner

Neutral cleaner (liquid) Grout Sealer

Spot and stain remover Lime and scale remover (tub & tile cleaner)

Air freshener including dispenser Liquid hand soap including dispenser

Bathroom cleaner Stainless steel polish

Brass polish/cleaner Toilet bowl cleaner

Chrome polish/cleaner White board cleaner

Cream cleaner Wood floor cleaner

Solvent spotter Laundry detergent

For more information regarding the Department of Agriculture Biobased Affirmative Procurement Program go to http://www.dm.usda.gov/procurement/biobased/APP.pdf http://www.dm.usda.gov/procurement/biobased/APP.pdf

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4. ACCEPTABLE QUALITY LEVELS

The Government will make random visual inspections once a week to assure compliance with the contract requirements.

Acceptance of work will be based on the Government’s evaluation of the work results, not the frequency or method of performance. The evaluation of results will be based on what a reasonable level of effort should achieve.

The Government will record inspection observations in a written inspection report. When unacceptable performance is observed, the Contractor will be notified in writing. Failure to correct unsatisfactory performance or continued failure to perform satisfactorily may be grounds for termination for default of the Contractor’s right to proceed.

Payment for services shall be made on a monthly basis.

5. CONTRACTOR QUALITY CONTROL SYSTEM

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

The Contractor shall provide a job-specific quality control plan at the post award conference.

6. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

(a) The Government will make inspections periodically as work progresses or is completed to determine compliance with contract specifications and acceptability of work. Inspections will provide the basis for measurement of payments.

Acceptance of work will be based on the Government’s evaluation of the work results, not the method of performance.

7. (b) If the Government inspections indicate that work is not performed in accordance with the contract specifications, the will immediately notify the Contractor in writing and order rework and improvement in the quality of work.

(c) The Government will record inspection observations in a written report. Government inspection will consist of the following:

Floors: Visually inspect all floors to ensure they have a clean and debris-free appearance.

Ceilings, Walls, Doors, Windows, and Blinds: Visually inspect to ensure that dust, cobwebs, stains, streaks, smudges, debris, and other grime is removed.

Bathrooms, Kitchen Areas & Drinking Fountains: Visually inspect fixtures and equipment to ensure that all trash, dirt, stains, smudges and watermarks have been removed. Check that dispensers have been replenished and drinking fountains have watermarks, incrustations, and debris removed.

Furniture: Visually inspect to ensure that furniture has a clean appearance.

Waste Water, Trash & Containers: Visually inspect containers to ensure that they have been emptied as necessary, have a clean appearance and liners replaced as needed. Ensure all waste and waste water has been disposed of properly.

Exterior Steps, Walkways, and Windows: Visually inspect to ensure that dust, dirt, cobwebs, streaks, smudges, and other grime is removed.

SECTION D - Packaging and Marking

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MSDS sheets for all products being used shall be posted for all employees to access.

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SECTION E - Inspection and Acceptance52.252-2 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): www.acquisition.gov/far

52.246-1 Contractor Inspection Requirements. (APR 1984)

52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

INSPECTION

The Government will inspect the building to determine the acceptability of workmanship. Any deficiencies encountered will be called to the attention of the Contractor for immediate corrective action, and shall be completed and corrected at no charge to the Government.

Any Government personnel or visiting public may observe unacceptable services, incomplete work or required services not performed and may contact the CO or the COR to communicate a complaint.

Customer complaints will be substantiated by the CO for validity.

Failure to correct rejected workmanship may cause the Government to take necessary action under the

“Termination for Default” clause.

The Government Inspection form is located in Section J of this solicitation and any resultant contract.

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SECTION F - Deliveries or Performance 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): www.acquisition.gov/far

52.242-15 Stop-Work Order. (AUG 1989)

452.211-74 Period of Performance. (FEB 1988)

The period of performance of this contract is from June 1, 2020 through May 31, 2021 for the base year.

Option 1 is for the period June 1, 2021 through May 31, 2022 if exercised.

Option 2 is for the period June 1, 2022 through May 31, 2023 if exercised.

CONTRACTOR QUALITY CONTROL PLAN (QCP)

The Contractor shall establish and implement a complete Quality Control Plan (QCP) to assure the requirements of the Contract are met. The QCP shall be prepared by the Contractor and provided to the CO for review and acceptance as part of post award meeting. The contractor shall not rely upon Government inspections to provide notification of unsatisfactory performance, but shall perform inspections and keep QCP inspection records on site at an agreed upon location. The COR may observe the Contractor's inspection(s) at any time and shall have unlimited access to the records. When elements of the QCP change – such as scheduled daily times of performance or personnel performing work, Contractor shall provide an updated addendum to QCP to the

Contracting Officer for review and approval. This update shall not change the performance requirements of this

Contract.

COMMUNICATION PLAN

The Contractor shall include a Communication Plan as part of the Quality Control Plan. The plan shall include the Contractor and their designated representative contact information and method(s) of contact between the Government and Contractor.

GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Government inspections and tests are for the sole benefit of the Government and does not relieve the

Contractor of the responsibility for providing adequate quality control measures; constitute or imply acceptance; or affect the continuing rights of the Government after acceptance of the completed work.

Quality Assurance Surveillance Plan consists of two parts:

1. Visual inspections for compliance with included Performance Standards and other contract requirements. The Government will perform random visual inspections the day after services are rendered. Inspections will be documented in a written inspection report or daily diary.

2. Satisfaction with Contractor performance: CO shall investigate validity of complaints regarding

Contractor performance under this contract. Complaints - valid or not - will be documented in a written inspection report or daily diary.

When sub-standard performance is observed or valid complaints received, the Contractor and/or

Contractor’s Designated Representative shall be notified in writing through the issuance of Notice of Non-

Compliance.

The contractor shall correct unsatisfactory performance within the next cleaning cycle at no cost to the government. Continued failure to perform satisfactorily by the Contractor may cause a termination for default of the Contractor’s right to proceed.

More than two (2) customer complaints or incomplete cleanings, verified by the CO as valid, per calendar month will equal minus 1% of monthly payment. Rework of unacceptable work will be permitted if the schedule allows. If the unacceptable work is not reworked and accepted, a 1% deduction in payment will be assessed and additional more stringent inspections will be performed. If a complete day of cleaning is missed, an 8% deduction will be made for that month. Full payment will be made for acceptable work.

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SECTION G - Contract Administration Data

8. MEASUREMENT AND PAYMENT

Payment will be made monthly in arrears for janitorial services satisfactorily provided. Payment may be withheld, at the

Government’s discretion, until all performance standards have been met.

Funds are not presently available for performance under this contract beyond May 31st, 2021. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond May 31st, 2021, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting

Officer.

9. INVOICE PROCESSING PLATFORM (IPP)

The “Submit Invoice-to” address for USDA orders is the Department of Treasury’s Invoice Processing Platform (IPP).

The Contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasure. All invoices shall be submitted via the electronic Invoice Processing

Platform. This platform is managed by the U.S. Department of Treasury and additional information is available at this website: https://www.ipp.gov/index.htm.

Vendors register at: https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account.

10. AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at a mutually agreed upon location.

NOTE: Contractor designated representative(s) or foreman (whomever the Contractor will have on the site) shall be present at the post award conference.

11. FAR 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the

Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than December 31, 2018 for the base year. The time stated for completion shall include final cleanup of the premises. The completion of work, including the option years is December 31, 2020.

NOTE: Estimated start work date and contract time is as follows:

ITEM NO. ESTIMATED START WORK

DATE

CONTRACT TIME (Calendar Days)

Base Year June 1, 2020 Through May 31, 2021

Option Year

June 1, 2021 Through May 31, 2022—if exercised

Option Year

June 1, 2022 Through May 31, 2023—if exercised

12. FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

31, 2023 ; unless mutually accepted by both Contractor and Contracting Officer.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

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13. FAR 52.217-5 EVALUATION OF OPTIONS (JULY 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the

Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

14. SAFETY

Prevention of Slips and Falls

- To help prevent accidents, the Contractor shall post wet floor areas with signs or barricade areas to restrict access.

- The Contractor shall post signs whenever mopping, stripping, or finishing floors.

- Pay particular attention on stormy days to building entrances, stairways, hallways and restrooms.

- The Contractor shall ensure adequate safety precautions are being exercised while cleaning exterior windows.

Safe Use of Cleaning Materials and Other Chemicals

Maintenance and custodial work requires the use of several cleaning materials. Some of these can be dangerous if used improperly. The Contractor shall implement the following procedures at a minimum:

- Keep materials labeled.

- Follow the directions for use. Be sure the chemical is properly diluted.

- Wear protective garments such as rubber gloves or goggles if necessary or required.

- Provide adequate ventilation to prevent the buildup of fumes or gases.

- If an individual is exposed to a chemical, get prompt attention; and, if necessary, get medical help. Check the

Material Safety Data Sheet (MSDS) for the material and/or the label on the container.

- Do not use unknown chemicals. Find out what it is or dispose of it safely.

Electrical Hazards

Electrically-powered equipment can be dangerous if used improperly. Use of electrical equipment on a wet floor or under wet conditions can be very dangerous. The Contractor shall follow these procedures at a minimum:

- Do not use equipment with a spliced cord or with cut or exposed wires, broken wires, a short, or a damaged ground.

- Report damaged equipment, any equipment that gives a shock, or grounds that have been tampered with to your supervisor.

- Ground all equipment before use.

Fire Safety and Prevention

Always be alert to recognize potential fire hazards. If smoke or fire is discovered:

- Immediately evacuate the area of the fire.

- Evacuate the building.

- Sound the alarm if possible.

- Call the fire department, then your supervisor and the Government (COR).

In addition, the Contractors shall submit a safety plan to the Contracting Officer, in compliance with the Occupational

Safety and Health Administration (OSHA). This job-specific safety plan shall be submitted prior to start work or at the post-award conference.

15. FIRE NOTIFICATION

The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

16. GOVERNMENT-FURNISHED PROPERTY

The Government will provide an office key for the operations office, The Government will supply all supplies necessary for the successful performance of this contract other than the Contractor’s cleaning supplies. The Government will provide a secure storage area for janitorial supplies and equipment.

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17. PERSONAL PROTECTIVE EQUIPMENT

The Contractor will train in the safe operation and use of equipment to all workers using equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

Defective or damaged personal protective equipment shall not be used.

The Contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

The Contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise, if necessary.

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SECTION H - Special Contract Requirements

18. KEYS

The Government will provide door keys/combinations as required for admittance of Contractor’s employees after hours for the buildings covered under the resultant contract. The Contractor shall be responsible for any damage, theft, or other misconduct of employees if unauthorized entry into a building is gained by use of the Government provided keys/combinations. Keys shall be returned to the Contracting Officer’s Representative prior to the final payment. If the keys are not returned, final payment may be held.

19. SECURITY

The Government may require additional screening for security measures of the Contractor and any employee of the

Contractor’s firm. Screening and record searches may require additional information to be provided to the Government upon request. Failure to provide the information requested by the Government within a reasonable time frame may result in termination of the Contractor’s right to proceed.

Access to a Government facility shall be limited to only those individuals employed by the Contractor. While cleaning, no building shall be left unlocked. Contractor shall not admit others to the buildings. The Government reserves the right to remove any Contractor employee or awardee that is, in the Government’s estimation, a security risk for the

Government.

There is a cost for each background investigation. The Government will cover the cost of these background investigations for each initial employee of the Contractor. Subsequent required background investigations, regardless of the reason (i.e., new employee, Government requests removal of an employee, etc.) shall be billed to the Contractor.

20. CONTRACT RELEASE

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the

United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein. Reservations: ______________".

21. FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance

M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

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SECTION I - Contract Clauses

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

(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-

(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 Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(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.

(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.

(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.

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

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(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.

(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;

(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) 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

(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.

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

(j) Risk of loss. 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.

(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; 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.

(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.

(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 https://www.acquisition.gov/content/part-32-contract-financing#i1081962 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

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(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)

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.

(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…