AG-3604-S-15-0034_Parsons_Janitorial_Solicitation.pdf

SOL NO: AG-3604-S-15-0034

UNIT: NRS

PROJ NAME: Parsons, WV Janitorial Services

Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

SECTION D--PACKAGING AND MARKING

SECTION E--INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-1 Contractor Inspection Requirements (APR 1984)

E.2 FAR 52.246-4 Inspection of Services - Fixed-Price (AUG 1996)

E.3 AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

F.2 AGAR 452.211-74 Period of Performance (FEB 1988)

F.3 Reporting Requirements

F.4 Description of Reports

SECTION G--CONTRACT ADMINISTRATION DATA

G. 1 AGAR 452.215-73 Post Award Conference (NOV 1996)

G. 2 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

G. 3 PROJECT MANAGER

G. 4 INVOICE REQUIREMENTS

G.5 GUIDANCE FOR SUBMITTING A PROPER INVOICE FOR PAYMENT

G.6 FAR 52.232-25 -- Prompt Payment (Jul 2013)

G.7 GOVERNMENT FURNISHED PROPERTY

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

H.2 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

H.3 SAFETY

H.4 SUBMITTAL OF A SAFETY PLAN

H.5 SUSTAINABLE ACQUISITION

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

CLAUSES INCORPORATED BY FULL TEXT

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

PROVISIONS INCORPORATED BY FULL TEXT

SECTION M--EVALUATION FACTORS FOR AWARD

ATTACHMENT A – SCHEDULE OF SERVICES (QUOTED PRICE)

ATTACHMENT B – SERVICE CONTRACT ACT WAGES

ATTACHMENT C – SAM & BANKING INFORMATION

ATTACHMENT D - EXPERIENCE QUESTIONNAIRE

ATTACHMENT D - EXPERIENCE QUESTIONNAIRE (Page 2)

PROJ NAME: Parsons, WV Janitorial Services

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

B.1 DESCRIPTION OF REQUIREMENT

Location: USDA Forest Service, Northern Research Station, 459 Nursery Bottom Road, Parsons, WV 26287.

The contractor shall provide all necessary labor, supervision, transportation, incidentals, and specialized equipment to perform janitorial services at the USDA Forest Service, Northern Research Station in Parsons, West Virginia in accordance with the Scope of Work described in Section C.

The term of this contract will be approximately a twelve (12) month base period, with four (4) one year (12 month) option periods, if exercised. The base period of this contract shall commence in approximately November 2015.

The Period of Performance (Base Period) is from approximately November 1, 2015 to October 31, 2016.

B.2 QUOTED PRICE – (Please complete Attachment A – Schedule of Services)

- See Attachment A

B.3 OFFERORS PLEASE NOTE:

A. Before preparing your offer, carefully review Sections K, L, and M. All questions must be e-mailed to the Contracting Officer, Maria Evans, at mtevans@fs.fed.us

B. One contract will be awarded in accordance with the evaluation factors in Section M.

C. All prospective offerors are encouraged to inspect the site prior to submitting an offer to assess the condition of the site and the scope of work proposed. Failure to do so does not relieve the offeror from accurately determining the scope of work required. A site visit is schedule for Monday, 5 October 2015 at 10:00 AM Eastern Time. To register for the site visit, please contact:

Patrick Meyer, Facility Operations Specialist at 304-478-2000 x133 (office), 304-704- 2429 (cell) or pmeyer@fs.fed.us

D. A post award pre-work meeting will be scheduled with the successful offeror/contractor to familiarize employees with the site. This meeting must take place within ten (10) days of contract award.

E. This requirement is a total small business set aside. The NAICS Code for this acquisition is 561720, with a small business size standard of $18.0 Million.

mailto:mtevans@fs.fed.us mailto:pmeyer@fs.fed.us

F. Contractors are required to be registered in the System For Award Management (SAM) [Previously Central Contractor Registration (CCR)] per FAR 52.204-7, System for Award Management – See Attachment B. Registration in the website is FREE.

B.4 TYPE OF CONTRACT

The Government contemplates award of a firm-fixed price multiple year contract resulting from this solicitation.

PROJ NAME: Parsons, WV Janitorial Services

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

Northern Research Station - Parsons, WV

C.1 GENERAL INFORMATION

A. Introduction This contract is to provide custodial/janitorial services, within Government-owned facilities/property for a period of not to exceed one year with the option of four extension on a yearly basis. These specifications are intended to describe the requirements for janitorial services. Task and frequency schedules can be found at the end of Section C.

Buildings to be included for janitorial cleaning are:

1. Main Building/Computer Bldg.: consisting of offices, restrooms (4) conference room and laboratory space*

2. 2 residence houses: on a bi-annual basis*

3. All windows and glass doors (interior and exterior) on a bi-annual basis*

C.2 DESCRIPTION AND LOCATION

The USDA-owned facility is located at 459 Nursery bottom road, Parsons, WV 26287. The office hours are from 8:00 AM to 4:30 PM Monday through Friday, except Federal holidays. The Contractor’s responsibility is normally based on 3 days per week, but other hours may be scheduled if required and approved by the Contracting Officer’s Representative (COR).

HOLIDAYS OBSERVED BY THE US GOVERNMENT:

New Year’s Day, January 1* Birthday of Martin Luther King, Jr., third Monday in January Washington’s Birthday, third Monday in February Memorial Day, last Monday in May Independence Day, July 4* Labor Day, first Monday in September Columbus Day, second Monday in October Veteran’s Day, November 11* Thanksgiving Day, Fourth Thursday in November

Christmas Day, December 25*

*(First Monday after holiday if holiday falls on Sunday or Friday before if holiday falls on Saturday.)

C.3 PERFORMANCE

A. The work shall be conducted between the hours of 5 PM and 8:30 PM. Monday, Wednesday, and Friday, this schedule can be changed (Holiday, illness, etc.). The Contractor shall provide adequate personnel, trained in proper cleaning and janitorial methods and techniques to properly and satisfactorily maintain the facilities and property areas on a day-to-day basis during the scheduled times indicated.

B. The Contractor shall check with the COR daily for instructions, requests, or special problem situations. Housekeeping inspection will be conducted randomly by the COR. The Contractor or his/her designated management representative will confer with the COR once a month to discuss contract administration.

C.4 GOVERNMENT-FURNISHED PROPERTY

The Government shall deliver to the Contractor the following listed materials, supplies, property, or services (hereinafter referred to as “Government-furnished property”) at the places and times specified below. The Contractor shall be liable for all loss or damage of such delivered Government-furnished property until completion and final acceptance of work required under this contract and shall replace all components in equal. If the Government fails to make timely delivery of such Government-furnished property suitable for its intended use, upon written request from the Contractor, the Contracting Officer shall make an equitable adjustment of contract delivery or performance dates or contract price, or both, pursuant to the “Changes” clause of the general provisions of this contract.

Government-furnished property shall consist of:

A. Storage space in Government–owned buildings for storage of the supplies and equipment to be used in the performance of the work.

B. Electrical power at existing power outlets for the Contractor’s use to operate such equipment as is necessary in the performance of work.

C. All consumables: Toilet tissue, hand soap, paper towels, trash liners and dispensers for the toilet rooms, kitchens and laboratories.

D. Warm and cold water at existing faucets.

E. Vacuums, mops, brooms, blowers, buckets, trash carts, brushes, wipes, and cleaning supplies

(toilet bowl cleaner, floor cleaner, etc).

C.5 CONTRACTOR’S RESPONSIBILITIES

In addition to assuming complete responsibility for satisfactorily managing and performing a cleaning program for the Government-owned facility as described in the following sections, the Contractor shall meet the following obligations:

A. Ensuring that adequate numbers of trained personnel are available to perform the services as specified here in, on a 3 days per week (Monday, Wednesday, Friday) basis. Schedule is subject to change, due to holidays or other circumstances.

B. Referring to the Contracting Officer or his/her designated representative, any problem that may arise beyond the scope of this contract.

C. Using all equipment and cleaning products appropriately according to manufacturer’s instructions and service requirements coordination with the COR.

D. Providing adequate advance notice when using products that may produce noxious fumes or when performing work that would impact daily operations.

E. At all times, maintaining building security by relocking doors that were locked, prohibiting unauthorized entrance to building, and reporting any suspicious persons or items.

F. Within 30 days of contract award, the contractor shall submit for approval, a schedule of weekly, monthly, and annual tasks.

C.6 QUALIFICATIONS OF CONTRACTOR’S PERSONNEL

The personnel employed by the contractor shall be capable employees, qualified in custodial-type work. The building shall be fully staffed beginning the first day of work under the contract; and at any time not less than 75% of the staff shall be trained and experienced in custodial-type work.

“Experienced personnel” are those who exhibit the capability of operating with a minimum of supervision. The remainder of the staff shall be fully trained and qualified within 30 calendar days after the initial starting date. Contractor shall designate an employee to be primary contact for COR and cleaning staff during scheduled shift.

C.7 OTHER

A. Security:

Sign in and sign out at reception desk required each day worked. A Forest Service representative will be on premises at all times during work performance.

B. Sanitary Facilities:

The Contractor may use the Government sanitary facilities during the time of service being provided. It is required that the Contractor use these facilities in a responsible manner.

C. Government Furnished Utilities:

The Government will furnish electrical and water utilities for the Contractor’s use during contract period so long as the Contractor uses these efficiently and economically. The use of Government furnished telephone utility and fax machines shall be limited to local and credit card calls. Incoming calls will not be accepted on Government telephones.

D. Damage to Contractor’s Property:

The Government will not be responsible in any way for damage to the Contractor’s equipment or the Contractor’s employees’ personal belongings brought onto the Government premises during the performance of work and this contract.

E. Contact COR on days of inclement weather to verify facility operation using 304-704-2429 or 304-478-2000 (ext.133) by 6:00 PM.

F. Safety:

The contractor shall comply with all OSHA standards for employee safety. It is the contractor’s responsibility to ensure its employees are properly trained and equipped for potential hazards.

PROJ NAME: Parsons, WV Janitorial Services

C.8 TASKS AND FREQUENCY

Work to include, but not limited to:

3 days per week

Restrooms Clean and disinfect all sinks, faucets/hardware, mirrors.

Clean and disinfect all countertops.

Clean and disinfect all water closets, urinals, fixtures.

Wipe down and disinfect stall partitions and restroom walls.

Mop and disinfect restroom floor.

Service all paper towel, toilet paper, soap dispensers.

Clean and disinfect restroom door handles/plates.

Empty waste receptacles - replace liners as needed.

Private Offices

Empty waste receptacles - replace liners as needed, vacuum as needed.

Conf. Rooms/Library/Mailroom

Clean table & countertops.

Process recycle bins.

Vacuum/mop floor as necessary.

Laboratories

Clean areas as requested.

Replenish hand soap and paper towels as needed.

Break Room/Kitchen/

Process recycle bins.

Clean and disinfect tables & countertops.

Clean and disinfect sink and faucet.

Mop/Vacuum floor.

Drinking Fountain Clean and disinfect drinking fountain

Lobby Area/Hallways Vacuum/sweep area as needed.

All trash collected to be transferred to dumpster at end of each day.

PROJ NAME: Parsons, WV Janitorial Services

Once a Week:

Laboratories Mop floor

Lobby/Public Space/Stairwells

Clean and disinfect entrance door hardware/handles.

Dust lobby surfaces, corners, spider webs.

Clean any glass doors, panels - streak free.

Sweep and pick up debris.

Hallways

Vacuum

Private Offices Vacuum floor/mop high traffic areas.

Dust flat surfaces (window sills, top of bookcases, etc) except desks.

Spot clean carpet as needed/requested.

Exterior

Empty waste receptacles and cigarette butt cans - replace liners as needed.

Once a Month:

Laboratory Floors Mop and wax

Bi-annual:

Completely clean “Bunkhouse” and “Joanie’s” This cleaning will be done in early April before students arrive, and again in September after grad students have vacated.

Blinds: Dust all interior blinds.

Windows: Clean all glass windows; streak free interior and exterior at all of the above listed locations.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-1 Contractor Inspection Requirements (APR 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers’ parts. This clause takes precedence over any Government inspection and testing required in the contract’s specifications, except for specialized inspections or tests specified to be performed solely by the Government.

(End of Clause)

E.2 FAR 52.246-4 Inspection of Services - Fixed-Price (AUG 1996)

(a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may -

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

E.3 AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed randomly at USDA Forest Service, Northern Research Station, Parsons, WV.

SECTION F--DELIVERIES OR PERFORMANCE

F.1 FAR 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 addresses:

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

F.2 AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from approximately November 1, 2015 to October 31, 2016, and four (4) twelve-month Option Periods (if exercised) from approximately November 1, 2016 to October 31, 2020.

BASE PERIOD: November 1, 2015 to October 31, 2016 OPTION PERIOD 1: November 1, 2016 to October 31, 2017 OPTION PERIOD 2: November 1, 2017 to October 31, 2018 OPTION PERIOD 3: November 1, 2018 to October 31, 2019 OPTION PERIOD 4: November 1, 2018 to October 31, 2020

F.3 Reporting Requirements

The contractor shall prepare and submit the following deliverables in accordance with the schedule below (documents should be submitted to the Contracting Officer (CO) and Contracting Officer’s Representative (COR)):

Item No.

Description Copies To Due Date

01 Final Quality Control Plan CO, COR Within 20 days from date of award

02 Inspection Reports COR Weekly 03 Deficiency Reports COR Daily, As deficiency occurs http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

F.4 Description of Reports

F.4.1 Inspection Reports

The contractor shall submit written copies of Inspection Reports, as specified above. The inspection reports should show the status of all work inspected for the weekly period. Any problems or corrections should be addressed, and a summary and date of resolution included.

F.4.2 Deficiency Reports

The contractor shall submit deficiency reports daily, as the deficiency occurs or is reported. Deficiency reports should be addressing those areas not cleaned and the reason for not cleaning them. Deficiencies include, but are not limited to the following: deficiencies in building equipment or damage to the building such as defective ballast; missing/broken/inoperable soap dispensers; stopped-up urinals or commodes; missing floor and ceiling tile; and/or broken door(s) or window(s).

PROJ NAME: Parsons, WV Janitorial Services

SECTION G--CONTRACT ADMINISTRATION DATA

G. 1 AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It must be scheduled within ten (10) days after the date of contract award. The conference will be held at: USDA Forest Service, Northern Research Station, 459 Nursery Bottom Road, Parsons, WV 26287. Point of contact is Patrick Meyer at 304-478-2000 x133 (office), 304-704-2429 (cell) or pmeyer@fs.fed.us

G. 2 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed, as soon as possible, of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR, provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists & there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G. 3 PROJECT MANAGER

The offeror is requested to designate a Project Manager to be contacted for prompt contract administration: (Name) _________________________________________

Telephone Number (including cell phone if available): _________________________________

The contractor shall provide a Project Manager who shall have the authority to make any no-cost contract technical, hiring and dismissal decisions, or special arrangements regarding this contract. This individual shall be responsible for the overall management and coordination of this contract and shall act as the central point of contact with the Government. The Project Manager, or a designated representative, shall have full authority to act for the Contractor in the performance of the required services. The Project Manager, or a designated representative, shall meet with the Contracting Officer’s Representative (COR) to discuss problem areas as they occur. The Project Manager or his/her representative shall respond within four hours after notification of the existence of a problem. The Project Manager shall be able to fluently read, write, and speak the English language.

mailto:pmeyer@fs.fed.us

G. 4 INVOICE REQUIREMENTS

Payment will be based on receipt of a proper electronic invoice and satisfactory contract performance.

Payments for services are made in arrears following COR inspection and acceptance of work.

G.5 GUIDANCE FOR SUBMITTING A PROPER INVOICE FOR PAYMENT

In accordance with Prompt Payment Act (Public Law 97-177), contractors are to submit proper invoices for payment. Invoices shall be entered electronically in the Invoice Processing Platform (IPP).

Contractors shall register and enter invoices into IPP at the following website:

https://www.ipp.fms.treas.gov/login/IPPLogon_Index.htm

Additional information regarding IPP may be found at the following website:

https://www.ipp.gov/index.htm

G.6 FAR 52.232-25 -- Prompt Payment (Jul 2013)

Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer (EFT). Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see subparagraph (a)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)

(a) Invoice payments --

(1) Due date.

(i) Except as indicated in paragraphs (a)(2) and (c) of this clause, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

(A) The 30th day after the designated billing office receives a proper invoice from the Contractor (except as provided in paragraph (a)(1)(ii) of this clause).

(B) The 30th day after Government acceptance of supplies delivered or services performed. For a final invoice, when the payment amount is subject to contract settlement actions, acceptance is deemed to occur on the effective date of the contract settlement.

(ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date is the 30th day after the date of the Contractor’s invoice; provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

(2) Certain food products and other payments.

https://www.ipp.fms.treas.gov/login/IPPLogon_Index.htm https://www.ipp.gov/index.htm

(i) Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are

(A) For meat or meat food products, as defined in section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C. 182(3)), and as further defined in Pub. L. 98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7th day after product delivery.

(B) For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)), as close as possible to, but not later than, the 7th day after product delivery.

(C) For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(4)), as close as possible to, but not later than, the 10th day after product delivery, unless another date is specified in the contract.

(D) For dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502(e)), edible fats or oils, and food products prepared from edible fats or oils, as close as possible to, but not later than, the 10th day after the date on which a proper invoice has been received. Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products, fall within this classification. Nothing in the Act limits this classification to refrigerated products. When questions arise regarding the proper classification of a specific product, prevailing industry practices will be followed in specifying a contract payment due date. The burden of proof that a classification of a specific product is, in fact, prevailing industry practice is upon the Contractor making the representation.

(ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract.

(3) Contractor’s invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(3)(i) through (a)(3)(x) of this clause.

If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. The Government will take into account untimely notification when computing any interest penalty owed the Contractor.

(i) Name and address of the Contractor.

(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

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

(ix) 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 (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), 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.

(x) Any other information or documentation required by the contract (e.g.. evidence of shipment.)

(4) Interest penalty. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(4)(i) through (a)(4)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty.

(i) The designated billing office received a proper invoice.

(ii) The Government processed a receiving report or other Government documentation authorizing payment, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition.

(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.

(5) Computing penalty amount. The Government will compute the interest penalty in accordance with Office of Management and Budget prompt payment regulations at 5 CFR Part 1315.

(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

(ii) The prompt payment regulations at 5 CFR 1315.10(c) do not require the Government to pay interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes.

(6) Discounts for prompt payment. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at 5 CFR part 1315.

(7) Additional interest penalty.

(i) The designated payment office will pay a penalty amount, calculated in accordance with the prompt payment regulations at 5 CFR part 1315 in addition to the interest penalty amount only if--

(A) The Government owes an interest penalty of $1 or more;

(B) The designated payment office does not pay the interest penalty within 10 days after the date the invoice amount is paid; and

(C) The Contractor makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph (a)(7)(ii) of this clause, postmarked not later than 40 days after the invoice amount is paid.

(ii)

(A) The Contractor shall support written demands for additional penalty payments with the following data. The Government will not request any additional data. The Contractor shall --

(1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required;

(2) Attach a copy of the invoice on which the unpaid late payment interest was due; and

(3) State that payment of the principal has been received, including the date of receipt.

(B) If there is no postmark or the postmark is illegible--

(1) The designated payment office that receives the demand will annotate it with the date of receipt, provided the demand is received on or before the 40th day after payment was made; or

(2) If the designated payment office fails to make the required annotation, the Government will determine the demand’s validity based on the date the Contractor has placed on the demand; provided such date is no later than the 40th day after payment was made.

(iii) The additional penalty does not apply to payments regulated by other Government regulations (e.g., payments under utility contracts subject to tariffs and regulation).

(b) Contract financing payments. If this contract provides for contract financing, the Government will make contract financing payments in accordance with the applicable contract financing clause.

(c) Fast payment procedure due dates. If this contract contains the clause at 52.213-1, Fast Payment Procedure, payments will be made within 15 days after the date of receipt of the invoice.

PROJ NAME: Parsons, WV Janitorial Services

(d) 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—

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

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

(ii) Affected contract number and delivery order number if applicable;

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

(iv) Contractor point of contact.

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

(End of Clause)

G.7 GOVERNMENT FURNISHED PROPERTY

Government-furnished property shall consist of:

• Storage space in Government-owned buildings for storage of supplies and equipment to be used in the performance of the work, if needed.

• Electrical power at existing power outlets for the Contractor’s use to operate such equipment as is necessary in the conduct of his work.

• Hand soap for rest rooms and kitchen, restroom tissue, paper towels and trash can liners.

• All cleaning supplies.

• Warm and cold water at existing faucets.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

CLAUSE INCORPORATED BY FULL TEXT

H.1 AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury.

Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(End of Clause)

H.2 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

- Project Manager/Supervisor

- Janitor(s)/Custodial Worker(s)

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of

PROJ NAME: Parsons, WV Janitorial Services these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H.3 SAFETY

FAR 52.236-13 Accident Prevention (Nov 1991)

a) The Contractor shall provide and maintain work environments and procedures which will --

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall --

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the

PROJ NAME: Parsons, WV Janitorial Services noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

(End of Clause)

Alternate I (Nov 1991). If the contract will involve (a) work of a long duration or hazardous nature, or

(b) performance on a Government facility that on the advice of technical representatives involves hazardous materials or operations that might endanger the safety of the public and/or Government personnel or property, add the following paragraph (f) to the basic clause:

(f) Before commencing the work, the Contractor shall --

(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

H.4 SUBMITTAL OF A SAFETY PLAN

Upon notification of intent to award the contract, the contractor shall submit a Safety Plan in accordance with the Occupational Health and Safety Administration (OSHA) regulations to ensure that the working conditions of their employees are not unsanitary, hazardous, or dangerous to their health and safety. The contractor Safety Plan shall also comply with the regulations set forth in 29 CFR 1910; 29 CFR 1926 (Construction) – if applicable; and 29 CFR 1960. A statement of compliance to those regulations shall be included in the Safety Plan. In addition, the following guidelines shall be applied to the Safety Plan:

• Any subcontract entered into pursuant to the contract shall similarly provide a work environment that is sanitary and not hazardous.

• Contractors must initiate and maintain an accident prevention program, which includes frequent and regular inspections of the project site, materials, and equipment.

• Accidents resulting in death, occupational disease, disabling injury, or property damage must be reported to the Contracting Officer.

• Contractors must assess appropriate risk management regarding contractor and contractor employee safety; and public safety. Examples include: experience of equipment and motor vehicle operators to handle road and terrain conditions getting to the worksite and at the worksite; public access conditions and requirements; traffic control needs; and coordination with other forest users and private land owners.

• Contractors shall identify all Personal Protective Equipment (PPE) to be used/that is applicable to their specific contract.

• Contractors shall abide by all state regulations regarding vehicle safety and licensure to operate a motor vehicle.

PLEASE NOTE: Forest Service employees will not inspect or accept the work under conditions where hazards or unsanitary conditions have not been mitigated to the extent required by OSHA.

The following websites may be helpful:

http://www.osha.gov http://www.osha.gov/dcsp/smallbusiness/index.html

H.5 SUSTAINABLE ACQUISITION

The Contractor must comply with Section 9002 of the Food, Conservation and Energy Act of 2008;

Section 9002 of the Farm Security and Rural Investment Act of 2002; Executive Order 13514, “Federal Leadership in Environment, Energy, and Economic Performance,” Executive Order 13423, “Strengthening Federal Environmental, Energy, and Transportation Management;” Presidential Memorandum, “Driving innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement;” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representation (COR). It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated at www.biopreferred.gov . Contractors shall provide data for their biobased products such as biobased content, as well as their dollar value used in the performance of their contract by the end of the Fiscal Year (September 31st). The website for biobased reporting is http://www.sam.gov and the requirement pertains to all contracts containing FAR clause 52.223-2 “Affirmative Procurement of Biobased Products Under Service and Construction Contracts”.

FAR REPORTING CATEGORIES & USDA DESIGNATED BIOBASED PRODUCTS

USDA designates categories of biobased products for a Federal Procurement preference. In the process, minimum biobased content standards are established for each product category. Product categories can be found at http://www.biopreferred.gov/ProductCategories.aspx http://www.osha.gov/ http://www.osha.gov/dcsp/smallbusiness/index.html http://www.biopreferred.gov/ http://www.sam.gov/ http://www.biopreferred.gov/ProductCategories.aspx

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FAR 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 addresses:

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.203-16 Preventing Personal Conflicts of Interest (Dec 2011) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (DEC 2014) 52.212-4 Contract Terms and Conditions -- Commercial Items (DEC 2014) 52.215-2 Audit and Records – Negotiation (OCT 2010) 52.215-8 Order of Precedence - Uniform Contract Format (OCT 1997) 52.217-2 Cancellation Under Multi-Year Contracts (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act – Overtime Compensation (MAY 2014) 52.222-17 Nondisplacement of Qualified Workers (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-35 Equal Opportunity for Veterans (JUL 2014) 52.222-36 Affirmative Action for Workers with Disabilities (JUL 2014) 52.222-41 Service Contract Act of 1965 (MAY 2014) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and…