AG-4283-S-16-0002.pdf
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Janitorial Services on the Ocala National Forest Lake George Ranger District Office
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NO.
775843
PAGE 1 OF
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICI-ATION NO.
AG-4283-S-16-0002
6. SOLICITATION ISSUE DATE
November 6, 2015
7. FOR SOLICITATION
INFORMATION CALL
a. NAME
Lawanda Henry
b. TELEPHONE NO. (No collect calls)
850-523-8534
8. OFFER DUE DATE/LOCAL TIME
12/07/15 @ 2:00 pm
9. ISSUED BY CODE
10. THIS ACQUISITION IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS
USDA Forest Service, Contracting 325 John Knox Road, Suite F-100 Tallahassee, FL 32303
UNRESTRICTED
SET ASIDE: 100% FOR
SMALL BUSINESS
DESTINATION UNLESS
BLOCK IS MARKED
SEE SCHEDULE
SMALL DISADV.
BUSINESS
13a. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
8(A) 13b. RATING
NAICS: 561720
SIZE STD: $18 Million
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE
16. ADMINISTERED BY CODE
Ocala National Forest, Lake George Ranger District Office, Marion County, FL
Same as block 9
17a. CONTRACTOR/ CODE
OFFEROR FACILITY
CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO.
Invoice Processing Platform (www.ipp.gov)
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS
BLOCK BELOW IS CHECKED SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
Lake George Ranger District Office Janitorial Services see Schedule of Items see Schedule of Items
(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 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
28.
CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES 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: REFERENCE KTN-05-02 OFFER
DATED _________________. YOUR OFFER ON SOLICITATION (BLOCK 5),
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 (TYPE OR PRINT)
31c. DATE SIGNED
32a. QUANTITY IN COLUMN 21 HAS BEEN
ACCEPTED, AND CONFORMS TO THE
33. SHIP NUMBER
34. VOUCHER NUMBER
35. AMOUNT VERIFIED
CORRECT FOR
RECEIVED INSPECTED CONTRACT, EXCEPT AS NOTED PARTIAL
36. PAYMENT 37. CHECK NUMBER
32b. SIGNATURE OF AUTHORIZED GOVT REPRESENTATIVE 32c. DATE COMPLETE PARTIAL
FINAL
38. S/R ACCOUNT NO.
39. S/R VOUCHER NO.
40. PAID BY
42a. RECEIVED BY (Print)
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)
42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS
AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL STANDARD FORM 1449
(10-95)
Project: Janitorial Services for the Lake George Ranger District Office
GENERAL INFORMATION
CONTRACT AWARD:
THIS SOLICITATION IS 100% SET ASIDE FOR SMALL BUSINESS CONCERNS.
AWARD WILL BE MADE TO ONE OFFEROR.
SCOPE OF WORK: Furnish all labor, equipment, supplies (except Government-furnished supplies if applicable), materials, transportation and supervision to perform janitorial services on approximately 7,667 square feet of cleaning space for the Lake George Ranger District Office, Marion County, FL in accordance with specifications, quality surveillance standards, and other requirements of this contract.
SITE VISIT: A formal site visit is scheduled for this project on November 18, 2015 at 10:00 AM at the Lake George Ranger District Office located at 17147 E Highway 40, Silver Springs, Florida 34488
BASIS OF AWARD: Award will be made to the most highly ranked offeror, (1) whose quote is technically acceptable, has demonstrated past performance in meeting customer satisfaction, and (2) whose past performance, experience and price presents the BEST VALUE and is the most advantageous to the Government.
AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 88)
This contract is a fixed price contract for a base period of performance from date of award through September 30, 2016, plus four additional one-year option periods.
Submission of an offer for the basic contract period constitutes an offer to perform in the Option Period(s), if exercised. Offerors shall quote on base year and all option years.
PERIOD OF PERFORMANCE
Base Period – Date of Award through September 30, 2016 Option Period I - October 1, 2016 thru September 30, 2017 Option Period II - October 1, 2017 thru September 30, 2018 Option Period III – October 1, 2018 thru September 30, 2019 Option Period IV- October 1, 2019 thru September 30, 2020
452.215-73 POSTAWARD CONFERENCE. (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled after the date of contract award. The conference will be held at: TBA
SCHEDULE OF ITEMS FOR BASE YEAR
(DATE OF AWARD – SEPTEMBER 30, 2016)
Janitorial Services for the Lake George Ranger District Office
ITEM
NO. DESCRIPTION QTY UNIT UNIT
PRICE AMOUNT
1.0
Janitorial Services in accordance with attached specifications and quality assurance standards
09 MO $_________ $ ________
TOTAL $ ________
Prices for Base Period and Four (4) Option Years Submitted By:
Signature: Phone:
Vendor Name: Fax:
Address: Email:
DUNS#: TIN#:
SCHEDULE OF ITEMS FOR OPTION YEAR I
(OCTOBER 1, 2016 – SEPTEMBER 30, 2017)
12 MO $_________ $ ________
SCHEDULE OF ITEMS FOR OPTION YEAR II
(OCTOBER 1, 2017 – SEPTEMBER 30, 2018)
SCHEDULE OF ITEMS FOR OPTION YEAR III
(OCTOBER 1, 2018 – SEPTEMBER 30, 2019)
SCHEDULE OF ITEMS FOR OPTION YEAR IV
(OCTOBER 1, 2019 – SEPTEMBER 30, 2020)
Grand Total to include all options
GRAND
TOTAL $___________
SECTION B – PROJECT WORK STATEMENT
B.1 General
The Contractor shall supply all labor, supervision, equipment, supplies, and services necessary to perform janitorial services for the Lake George Ranger District as stated in Section B.9 Performance Work Statement Tasks with the exception of Government Furnished Property stated in Section B.7. Tasks are expected to be performed accordingly and not upon an “as needed” basis.
This solicitation contemplates an award of a base period with four one year options. Work on the contract would begin approximately January 1, 2016. The option years are subject to FAR 52.217-9 Option to Extend the Term of the Contract.
B.2 Location The Lake George Ranger District Administrative Office is located at 17147 E Highway 40, Silver Springs, Florida in Marion County.
B.3 Description of Work Area The area under this contract covers approximately 7,667 square feet of office space and related areas such as a conference room, showers, entrance/exit ways, corridors, and restrooms. The main office has one floor with two bathrooms, and covers approximately 6,689 square feet. The conference room is in a separate building on the same compound and covers approximately 966 square feet and includes two bathrooms and two showers.
There is one bathroom in a vehicle shop which covers approximately 12 square feet.
B.4 Safety Contractors are subject to all applicable State and Federal OSHA rules and regulations.
Prior to the start of the contract, the Contractor shall submit to the Contracting Officer’s Representative (COR) a list giving the name and manufacturer, brand name, and Material Safety Data Sheets (MSDS) with the intended use of each of the materials the Contractor proposes to use in the performance of work. The Contractor shall not use any materials which the COR determines to be unsuitable for the work, or harmful to the surfaces it is intended to be applied to.
B. 5. Security
The Contractor shall protect Government property, buildings, equipment, materials, records, and data against unauthorized access, loss, or damage.
The Contractor shall announce their arrival and departure to employee who may be occupying the building.
Doors shall be left locked unless otherwise instructed.
The Contractor shall ensure that all keys issued by the Government are kept secure and not used by unauthorized persons. Government-issued keys shall not be duplicated. The Contractor shall reimburse the Government for replacement of locks or re-keying as a result of Contractor loss or negligence.
Only the Contractor’s employees are allowed in the building or on the job site. The Contractor is prohibited from opening locked areas to permit entrance of persons other than the Contractor’s employees.
The Contractor shall not attempt to reconnect or re-plug any computer wiring that is disconnected or disturbed during the performance of this contract. The Contractor shall leave written notification on the COR’s desk of any computer equipment accidentally disconnected.
The Contractor shall not disturb papers on desks, equipment or bulletin boards nor shall the Contractor use Government telephones or other equipment except for emergency use.
B. 6. Contractor Furnished Property
The Contractor shall supply all labor and supervision as well as supplies and equipment necessary to satisfactorily meet or exceed the performance standards of this contract.
The Government will approve all cleaning materials and equipment utilized by the Contractor prior to the start of the contract to ensure that they do not harm, cause permanent damage to Government property, or endangers the health and safety of the occupants of the building. This does not absolve the Contractor from responsibility for any damage caused by approved materials.
Contractor furnished supplies and equipment shall include, but may not be limited to:
• Vacuum cleaners with a HEPA or similar type filter.
• Cleaning equipment that is equipped to prevent marking or denting Government property.
• Cleaning supplies appropriate for glass, ceramic tile, carpet, vinyl floors, wood, bathroom fixtures, metal surfaces, and other materials as appropriate.
• Cleaning equipment such as buckets, brooms, mops, brushes, sponges, cloths, etc.
• Window washing capabilities for all window surfaces covered in the specifications.
• All safety equipment and materials to insure compliance with State and Federal OSHA regulations.
B. 7. Government Furnished Property
The Government will provide the following items of Government property:
• A storage room for both Contractor and Government supplied equipment and materials.
• Liquid hand soap, toilet paper, toilet seat protectors, urinal screens and deodorizers, plastic trashcan liners, trash bags, and paper towel dispensers.
The Contractor and the Government will coordinate the effective use of the storage area and will mutually monitor the level of the Government furnished supplies to ensure adequate amounts are on hand.
B. 8. Cleaning Scheduling
The Government may schedule events after normal business hours or on weekends. In such cases, the COR will notify the Contractor within 24 hours of the event. Services shall be performed outside of normal business hours as specified in Section B. 9.
Semi-annual services shall be scheduled and prior approved by the COR. The Contractor shall notify the COR at least three (3) working days prior to beginning these scheduled services with a five (5) working day notice for carpet shampooing. Once started, these services shall be carried through to completion without interruption, weather conditions for outside work allowing. Should the services require more than one day of work, the Contractor shall document the extent and location of the work for each day.
B. 9. Performance Work Statement Tasks
B. 9. 1. Daily Cleaning (Two times weekly – nonconsecutive)
The duties described in this section (B. 9. 1. 1.) should be performed twice weekly. Work must be performed after 5:00 pm on Wednesday and Saturday or Sunday. Weekend hours are flexible.
B. 9. 1. 1. General Office Building
1. Sweep/vacuum carpeted and non-carpeted floors in high traffic areas.
2. Spot vacuum/sweep and pickup obvious dirt and debris on low traffic areas of carpeted and non-carpeted floors.
3. Spot clean soiled areas on floors, walls, furniture, and other horizontal and vertical surfaces throughout the building where evident.
4. Wipe clean all glass, door handles, and metal surfaces of doors.
5. Wipe clean water-fountain with disinfectant and polish.
6. General spot cleaning where necessary.
7. All solid waste and trash is collected in trash bags, secured and taken off-site.
8. Clean and polish the counter top and glass in the reception area.
9. Sweep front and back porches.
B. 9. 1. 2. Restrooms
1. Restock all restroom supplies.
2. Clean and disinfect all restroom floors, surfaces, and fixtures.
3. Empty all restroom trash receptacles.
B. 9. 2. Weekly Cleaning Services
The duties described in this section should be performed on the weekend cleaning day.
B. 9. 2. 1. General Office, Porches, Doorways, and Restrooms
1. Dust all reachable horizontal surfaces and vertical surfaces up to 80 inches height from floor or walkway where accessible. Dusting areas include, but are not limited to: venetian blinds, tables, filing cabinets, window sills, ledges, baseboards, wall hangings, signs, wooden benches, and baseboard heaters. Desks will only be dusted where papers do not cover the desk surface. No computer keyboards will be dusted or cleaned.
2. Thorough vacuuming/sweeping of all carpeted and non-carpeted floor areas in both low and high traffic areas.
3. Wet mop and clean non-forested floors.
4. Wipe clean telephone receivers with disinfectant.
5. Clean, disinfect, and polish sink, countertop, and tables located in the break, lunch, and conference rooms.
6. Clean and disinfect outside of microwave and refrigerator.
7. Clean and disinfect shower room floors, surfaces and fixtures
B. 9. 3. Monthly Cleaning Services
The duties described in this section should be performed once a month on a pre-scheduled day. Monthly cleaning days should be scheduled with the COR. There must be at least 3 weeks between monthly cleaning services, and no more than 4 weeks between services.
B. 9. 3. 1. General Office and Restrooms
1. Dust all photographic and prints exhibits in the Administrative Office Building.
2. Spot clean all wall surfaces.
3. Damp wipe bookcases, windowsills, and window ledges.
4. Wash the outside and inside panes of windows.
5. Clean all desktops and table tops.
6. Clean all light fixtures, door frames, and areas over doorways and other high surfaces.
B. 9. 4 Annual Cleaning Services
The duties described in this section should be performed once a year on a pre-scheduled day in January or February. Annual cleaning days should be scheduled with the COR.
B. 9. 4. 1. General Office
1. Clean and shampoo carpet. The carpet surface is estimated to be 3,000 square feet.
B. 10. Quality Assurance and Surveillance Plan
The Quality Assurance and Surveillance Plan (QASP) in this section outlines the required services, performance standards, monitoring method, and performance thresholds. The QASP promotes continuous improvement in contractor performance by establishing the expected standards of performance, how these standards will be evaluated, and the threshold below which performance is considered unsatisfactory. Refer to Section B. 15. 1.
for the consequences of failure to achieve the performance threshold.
The Government expects the Contractor to perform at the acceptable levels as described in the QASP throughout the life of the contract.
Example: The Contractor must comply with the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.
B. 15. Inspection, Payment, and Performance Period The Government will visually inspect the services for compliance prior to acceptance and before issuing any payments. Inspections will consist of direct observations, touching, and smelling.
Any Government personnel or visiting public may observe unacceptable services, incomplete work, or required services not performed and they may contact the COR to communicate a complaint.
B. 15. 1. Performance Standards Performance thresholds are described in the Quality Assurance and Surveillance Plan for daily, weekly, monthly, and annual work.
Customer complaints will be verified by the COR for validity. Should the COR determine that the complaint is valid, the COR will inform the Contractor orally and in writing and give the Contractor additional time to correct the defect, if additional time is available. The COR will determine how much time is available.
Should the Contractor disagree with the complaint after investigation of the site, the Contractor shall notify the COR. The COR will review the matter to re-examine the validity of the complaint.
Should the threshold of customer complaints or COR acceptance be exceeded and the Contractor is not able to correct the work before the next scheduled cleaning, a deduction of up to twenty-five percent (25%) may be taken off the appropriate pay item.
SECTION C CONTRACT TERMS AND CONDITIONS
52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (OCT 2015)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.
657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved]
_X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
_X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Oct 2001) of 52.219-9.
___ (iii) Alternate II (Oct 2001) of 52.219-9.
___ (iv) Alternate III (Oct 2015) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.
632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).
_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O.
13126).
_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
_X__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
___ (31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).
_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.
13627).
___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
_X__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514
___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
_X__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
_X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
_X__ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.
chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub.
L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
_X__ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.
4505), 10 U.S.C. 2307(f)).
_X__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
_X__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)
_X__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).
___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_X__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).
_X__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.
chapter 67).
___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).
___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.
1792).
___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.
Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).
(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).
(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
FAR 52.204-7 -- System for Award Management (JUL 2013)
As prescribed in 4.1105(a)(1), use the following provision:
(a) Definitions. As used in this provision—
“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.
“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.
“Registered in the System for Award Management (SAM) database” means that—
(1) The Offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database; and
(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.
(4) The Government has marked the record “Active”.
(b)
(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.
(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) An offeror may obtain a DUNS number— http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/04.htm#P569_70123
(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following information:
(i) Company legal business name.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company physical street address, city, state and Zip Code.
(iv) Company mailing address, city, state and Zip Code (if separate from physical).
(v) Company telephone number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.
Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) Offerors may obtain information on registration at https://www.acquisition.gov .
(End of Provision)
FAR 52.217-5 Evaluation of Options (Jul 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).
http://fedgov.dnb.com/webform https://www.acquisition.gov/
(End of Provision)
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 September 30, 2018.
(End of Clause)
FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (May 2015)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(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, contract 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.
(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 contract 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 at 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.
(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…
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