SF-1449 Continuation Solicitation.docx

THE SCHEDULE OF ITEMS

PART A.

Background The USDA, Forest Service, Baldwin Ranger Station, Baldwin, Michigan, has a requirement for janitorial service, as per the attached statement of work.

BASE YEAR – January 1, 2011 through December 31, 2011

001 Janitorial Service month 12 $________ $ __________

OPTION YEAR ONE – January 1, 2012 through December 31, 2012

001 Janitorial Service month 12 $________ $ __________

OPTION YEAR TWO – January 1, 2013 through December 31, 2013

001 Janitorial Service month 12 $________ $ __________

TOTAL OF ALL $ _________________

For technical information and to arrange a site visit, contact: Mickey Knorr @ (231) 745-4631 ext. 3113

Offers shall be submitted for the total item. Offers for less than the total item will not be considered. All items are subject to Contractor Quality Control.

Offeror must respond to the other factors as described under FAR 52.212-2 Evaluation – Commercial Items (Jan 1999). Award will be made on the best value for the Government.

Evaluation of options shall not obligate the Government to exercise the option. It’s the Governments’ intent to make one contract award.

No award will be made to a Contractor not registered in the Central Contractor Registration (CCR) database.

Contractors shall register at the website: http://orca.bpn.gov, and ensure Representation and Certifications are available at the time of award for the Government to download electronically.

CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals: (Offeror to complete this section.)

OFFEROR: __________________________________

it

2. GOVERNMENT: ADMINISTRATIVE CONTRACTING OFFICE:

USDA FOREST SERVICE

LAKE STATES ACQUISITION TEAM

CONTRACTING OFFICER

1755 S. MITCHELL ST. CADILLAC MI 49601

(231) 775-5023 EXT 8708

3. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor under this contract will be made in accordance with Electronic Funds Transfer (EFT) methods referenced in this solicitation. All required information must be current in the Central Contractor Registration (CCR) at www.ccr.gov. To inquire on payment status once a contract has been awarded, contact the Miscellaneous Payments Section of the National Finance Center at 1-800-421-0323.

A. 4. INVOICES: Invoices shall be submitted in arrears, no advance payments will be authorized.

B. GOVERNMENT DESIGNATED BILLING OFFICE ADDRESS: All invoices from the contractor shall be mailed to the following address:

USDA FOREST SERVICE

HURON-MANISTEE NATIONAL FORESTS

ATTN: MICKEY KNORR, COR

PO Box Drawer D

BALDWIN, MI 49304

C. In accordance with the Prompt Payment Act, payment will be due 30 days (Partial Payments) and 30-45 days (Final Payment) after:

a. Receipt of services; or

b. Receipt of proper invoice.

Whichever is later.

D. If payment is not received with 5 working days following the due date, notify Joni Strzelecki at (231) 775-5023 ext 8708

E. Contractors are encouraged to Contact PAYMENT INQUIRY at the National Finance Center (800) 421-0323 concerning status of past due invoices.

Continuation of SF1449

AGAR 452.204-71, Alternate I, PERSONAL IDENTITY VERICATION OF CONTRACTOR EMPLOYEES (Oct 2007)

(a) Before a contractor employee may begin work on this contract, each contractor employee must at a minimum and as directed by the PIV Sponsor:

ii. If no Background Investigation is completed or in progress, input information into Electronic Questionnaire for Investigations Processing (e-QIP) system located on the Office of Personnel Management (OPM) secure website, if available. If e-QIP is not available, fill out the appropriate SF-85, Questionnaire for Nonsensitive Positions, SF-85P, Questionnaire for Public Trust Positions, or SF-86, Questionnaire for National Security Positions, as appropriate, and items 1, 2, 8 through 13, 16 and 17a of the OF-306, Declaration for Federal Employment..

The current version of form SF-85 carries Office of Management and Budget (OMB) control number, 3206-0005. Form SF-85P has OMB control number 3206-0191. Form SF-86 has control number 3206-0007. Form OF-306 has OMB control number 3206-0182. See http://www.opm.gov/forms/pdf_fill/sf85.pdf; or http://www.opm.gov/forms/pdf_fill/sf85p.pdf; or http://www.opm.gov/forms/pdf_fill/sf86.pdf; and http://www.opm.gov/forms/pdf_fill/of0306.pdf.

iii. Complete a Fair Credit Reporting Release, and Submit fingerprints for a background check on two (2) FD-258 Fingerprint Charts. The Fair Credit Reporting Release is located at: http://www.usda.gov/da/pdsd/Web-Fair.htm.. The FD-258 Fingerprint Charts may be obtained by contract companies (not individuals) email request at fisdgoodwillwarehouse@opm.gov. Include the number of cards required, the address to which they should be mailed and a point of contact. Contractor employees’ fingerprints shall be taken by a Federal security office, or Federal, State, municipal or local law enforcement agency.

iv. Schedule an enrollment appointment. The Applicant will be notified (e.g. by email) to schedule an enrollment appointment time and location in a web-based application.

v. Appear for the enrollment appointment at the time and place scheduled.

vi. Provide the Registrar with two I-9 identity source documents in original form.

The identity source documents must be documents listed as acceptable for establishing identity on Form I-9, Employment Eligibility Verification, List A and

B. The I-9 Form may be found at http://uscis.gov/graphics/formsfee/forms/files/i- 9.pdf. At least one document shall be a valid State or Federal government-issued picture identification (ID) card. Applicants who possess a current State Drivers License or State Picture ID card shall present that document as one identity source document before presenting other State or Federal government-issued picture ID cards.

vii. Submit to a digital photo taken by the Registrar.

viii. Submit 10 rolled fingerprints to the Registrar. These fingerprints will be stored on the card for automated authentication during card usage.

ix. Digitally sign the enrollment package as instructed by the Registrar.

x. Pick up the credential at the specified time and place. The shipping address will be collected by the Sponsor as part of the personal identity information required for PIV enrollment. Finalization instructions to activate the credential will be sent via email to the Contractor Employee or Contractor Point of Contact (if Contractor Employee does not have an email address).

xi. Take the credential to an Activation station to activate it via biometric verification.

xii. Set a PIN for the credential at the Activation Station.

xiii. Provide a digital signature to complete the activation.

(b) Should the results of the PIV process require the exclusion of a contractor’s employee, the contracting officer will notify the contractor in writing.

(c) The contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-xxx series and to maintain a list of employees eligible for a USDA LincPass required for performance of the work.

(d) The responsibility of maintaining a sufficient workforce remains with the contractor.

Employees may be barred by the Government from performance of work should they be found ineligible or to have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.

(e) The contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

(f) The PIV Sponsor for this contract is Mickey Knorr at 231-745-4631 ext. 3113. The Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor’s responsibility to meet all aspects of paragraphs (c), (d), and (e).

FAR 52.204-9 Personal Identity Verification of Contractor Personnel

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implements Homeland Security Presidential Directive-12 (HSPD- 12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

PART I – STATEMENT OF WORK

GENERAL

1.1 Description of Work - The Contractor shall provide continuous janitorial services for the USDA Huron-Manistee National Forest, Baldwin Ranger District Office Buildings located in Baldwin, MI.

1.1.1.1 Office Buildings – The Scope of this work is continuous janitorial services in three buildings at one location.

Administration Building at 650 N. Michigan Ave, Baldwin Michigan, Lake County. This is a three-story building with approx. 4680 square feet of office space, three restrooms, reception area, one computer/equipment room, and one break area room. The interior floors are a combination of carpet, linoleum, and tile (reception area) flooring. The walls are painted drywall and paneling.

Fire house at 899 Lake Street, Baldwin, Michigan. This is a one-story building with approximately 1200 square feet of space on the main floor and approximately 800 square feet in the basement. This unit consists of one restroom with a shower/tub, kitchen area, meeting space, various offices and a work-out room in the basement. The interior floors are wood laminate. The walls are painted drywall and paneling. There are floor mats and a carpet runner in the hall. The basement floor consists of cement and carpets.

The Zone at 622 Michigan Avenue, Baldwin Michigan is a two-story building with approximately 1845 square feet of space. This consists of two restrooms (1 with a shower/tub), kitchen area, meeting space and various offices. The interior floors are carpet and linoleum. The walls are painted drywall.

1.3.1 The Contractor shall prohibit employees from opening desk drawers or cabinets, or using telephones or office equipment provided for Official Government Use.

1.3.2 The Contractor shall prohibit employees from having children or pets in the building during the performance of duties.

Contractor shall submit a schedule approximately 1 month in advance of required work showing dates, weekly, monthly, quarterly, and semi-annual work that will be performed. Inform the Government of schedule changes at least one week in advance.

a. Daily Services -: will be completed three times per week – Monday, Wednesday and Friday.

All supplies and materials used in this contract and not provided by the government shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extend feasible and reasonable; include the exclusive use of biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g., biobased cleaners, biobased degreasers, floor wax, etc.) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. For the biobased content products evaluation, all non-chemical products proposed for use under this contract must conform to the Department of Agriculture (USDA) Designated Biobased Products List (DBPL) whenever practicable. Contractors should provide data for their biobased solvents and cleaners to document biobased content, and source of biobased material (i.e. particular crop or livestock). Any material which the COTR suspects does not meet Federal specifications or standards shall be tested at the Contractor's expense by an independent testing laboratory qualified to perform such tests as are required. A copy of the laboratory report giving the results of the test and a sample of each product, if requested, shall be submitted to the COTR. These products shall meet the requirements established by applicable Federal specifications and standards or be considered unacceptable for use.

Five days prior to the starting date of the contract, the Contractor shall submit to the COR a list giving the name of the manufacturer, the brand name, and Material Safety Data Sheets with the intended use of each of the materials the Contractor proposes to use in the performance of the work. Contractor shall not use any materials which the COR determines to be unsuitable for said purpose, or harmful to the surfaces to which it is to be applied. Any material which the COR suspects of not meeting safety standards shall be tested by a recognized testing laboratory at the Contractor's expense.

4.0 GOVERNMENT-FURNISHED PROPERTY AND SERVICES

The Government will furnish an area for the storage of Contractor-furnished materials, which shall be stored for a maximum of two weeks. Contractor shall maintain such storage areas to the same standards as similar areas occupied by the Government. The Government will furnish the following:

a. Dumpster located near main building

b. Storage space for Contractor furnished equipment and supplies

SECURITY REQUIREMENTS.

a. At least five days prior to start of the contract the contractor shall submit a list of names and background information of all employees who will have access to the buildings in performance of the contract work. This list needs to be kept current when employees are replaced or substituted in the performance of the work under the contract. If the Contracting Officers Representative finds an employee unsuitable or unfit for his assigned duties, the contractor shall be advised immediately that such an employee cannot continue to work or be assigned work under the contract.

b. Key Control The contractor must establish and implement methods of ensuring that all keys and access codes that are issued by the Government are not lost, misplaced or used by unauthorized persons. No keys issued to the contractor by the Government shall be duplicated. In the event that a key is lost, stolen or duplicated, the contractor shall report the occurrence immediately and all locks and keys for that system shall be replaced by the Government and the total cost shall be deducted from the monthly payment due. The contractor shall develop procedures covering key and card control as well enforcement of relock procedures this shall be incorporated in to his/her quality control plan.

5.2 Miscellaneous Requirements

The Contractor shall perform the following in conjunction with regular contract specifications on a daily basis:

a. Report fires and hazardous conditions either in person, by phone, or by note, depending on severity.

b. Lights shall be used only in areas where and at the time when work is actually being performed. Insure that all lights are turned off upon completion of cleaning the area.

c. Turn in items found to lost and found box located at reception desk or to the COR.

d. Check all windows and doors to be sure they are secure before leaving. Report any unusual traffic in parking lots to the COR.

Water faucets or valves shall be turned off after the required usage has been accomplished.

Mechanical equipment controls for heating, ventilation, and air-conditioning system will not be adjusted by the cleaning crew workers.

Cleaning of all flooring and counter tops will be performed according to manufacturer’s instructions or industry standards.

The Contractor shall perform the following services to provide for the safety and protection of building personnel and property against injury, molestation, loss and/or damage from any preventable cause, including, but not limited to: fire, theft, espionage, and sabotage.

Protect Government property, buildings, materials, equipment, supplies, records, and data against unauthorized access, loss, or damage.

Establish a system for custodial force personnel to report potentially hazardous conditions and broken or slippery floor surfaces, etc.

Prepare reports of accidents and fires and submit to the COR; maintain and make available all records in connection with protection activities.

In the event of emergency or unusual occurrences adversely affecting the interest of the Government, summon appropriate assistance, such as the fire and/or police department, and immediately thereafter notify the COR.

Monitor observance of "Rules and Regulations Governing Public Buildings and Grounds," which are posted in the building. Problems in this regard should be reported to the COR.

Keys to the outside entrance doors and building keys will be issued only to the contractor's employees.

6.0 BUILDING INFORMATION

Official working hours: 6:00 a.m. to 6:00 p.m. (year round) C.6.2 Building Statistics:

Gross Occupiable Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8525 sq ft Approximately 80% of the facility is carpeted and the remaining is tile, linoleum or cement.

FREQUENCY

(Daily)

· Validated customer complaints.

· Completion within 90 percent of allowed contract time (with no defects), contractor will be considered eligible for additional option periods, if options are exercised.

· Performance Rating may be rated as “Exceptional” for future work with Government.

· Work that needs to be re-performed shall be at no additional cost to the Government.

· All tears, burns and raveling shall be reported to the Contracting Officer’s Representative.

· Validated customer complaints.

· Completion within 90 percent of allowed contract time (with no defects), contractor will be considered eligible for additional option periods, if options are exercised.

FREQUENCY

· Boxes, cans, bottles, and other items placed adjacent to waste containers and marked "TRASH" shall also be removed and disposed of.

· All waste collected shall be disposed of in the nearest outside trash collection point. Waste that falls on the floor and outside grounds during the waste removal shall be picked up and disposed of by the Contractor.

· Validated customer complaints.

· Completion within 90 percent of allowed contract time (with no defects), contractor will be considered eligible for additional option periods, if options are exercised.

· Drinking fountains shall be cleaned and disinfected. All surfaces of drinking fountains shall be free of stains, smudges, mineral deposits, and debris.

· Validated customer complaints.

· Completion within 90 percent of allowed contract time (with no defects), contractor will be considered eligible for additional option periods, if options are exercised.

· Includes ventilating and air conditioning grills, diffusers, etc. below 6ft.

· Includes fluorescent and incandescent light fixture lenses.

· Validated customer complaints.

· Completion within 90 percent of allowed contract time (with no defects), contractor will be considered eligible for additional option periods, if options are exercised.

· The mats shall be returned to their original locations afterwards.

· The Contractor shall report, in writing to the Contracting Officer Representative, all walk off mats that are worn out to the point of being ineffective.

· Validated customer complaints.

· Completion within 90 percent of allowed contract time (with no defects), contractor will be considered eligible for additional option periods, if options are exercised.

· Validated customer complaints.

· Completion within 90 percent of allowed contract time (with no defects), contractor will be considered eligible for additional option periods, if options are exercised.

· Performance Rating may be rated as “Exceptional” for future work with Government.

· Work that needs to be re-performed shall be at no additional cost to the Government.

· A toilet bowl cleaner shall be used to remove stains from urinals and toilets.

· Cleaning utensils used to clean restroom toilets, urinals, walls, floors, showers and partitions shall not be used to clean any other part of the facility.

· Floor drains shall be cleaned and flushed with a disinfectant.

· Validated customer complaints.

· Completion within 98 percent of allowed contract time (with no defects), contractor will be considered eligible for additional option periods, if options are exercised.

· The Contractor shall stock restrooms with sufficient supplies to insure that the supplies will last until the next scheduled service.

· Random monthly inspections by the COR.

· Validated customer complaints.

· Completion within 98 percent of allowed contract time (with no defects), contractor will be considered eligible for additional option periods, if options are exercised.

· Performance Rating may be rated as “Exceptional” for future work with Government.

· Work that needs to be re-performed shall be at no additional cost to the Government.

Other Services

· Window sashes, sills, woodwork, and other surroundings of interior glass shall be wiped clean.

· Both sides of all windows will be washed during the same inspection period.

· Schedule will be approved by the COR.

· Performance Rating may be rated as “Exceptional” for future work with Government.

· Work that needs to be re-performed shall be at no additional cost to the Government.

· Furniture or other equipment moved during floor stripping and re-waxing shall be returned to their original positions.

· No more than 5 percent of the total surface area is improperly completed per building.

· No more than two validated customer complaints.

· Random monthly inspections by the COR.

· Validated customer complaints.

· Completion within 95 percent of allowed contract time (with no defects), contractor will be considered eligible for additional option periods, if options are exercised.

8.0 QUALITY CONTROL / QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

8.1 QUALITY CONTROL

8.1.0 Quality Control Plan

The Contractor shall provide a Quality Control Plan (QCP) as part of this Technical Proposal.

A. The Plan must demonstrate how the Contractor shall assure that quality of performance meets the objectives and requirements of the contract. The QCP shall specify:

· How quality will be monitored to ensure performance standards are met.

· How the work will be supervised.

· Identify the personnel responsible for performing quality control.

· How results of the monitoring will result in quality performance.

· Create a checklist or plan for inspection of the building that covers all services stated in the “Performance Standards and Guidelines”.

· A system to ensure that the Contractor’s employees are notified of any deficiencies in their area of responsibility.

· A plan to monitor and correct customer complaints.

· A plan for immediately forwarding customer complaints that are not the responsibility of the Contractor to the COR.

B. Contractor Quality Control Inspection The Contractor shall assure themselves that performance meets contract specifications, in accordance with FAR 52.212-4, Contract Terms and Conditions -- Commercial Items, paragraph (a), prior to requesting the Government to inspect for payment or acceptance. The Contractor shall contact the Contracting Officer upon completion of a unit. The Contracting Officer may observe the Contractor’s inspection at any time and shall otherwise have unlimited access to the inspection data.

Failure by the Contractor to implement the approved plan and pursue it diligently from the commencement of the contract may be considered grounds for default.

8.2 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

8.2.0 Introduction: The purpose of this Quality Assurance Surveillance Plan or QASP for custodial services is to layout in advance what this agency will do to assure that the Contractor’s performance meets the baseline established by the contract in terms of technical requirements, schedule, quality and cost. This Plan provides the basis for the Contracting Officer's Representative (COR) to evaluate the Contractor's performance. The oversight provided for in the QASP and in the contract will help to ensure that the performance levels mandated by the Performance Work Statement are attained throughout the contract term and/or by its end. Further, this Plan provides the COR with a proactive way to avoid unacceptable or deficient performance, and provides verifiable input for the required annual past performance evaluations. A copy of this QASP will be furnished to the Contractor so that any concerns the Contractor may have can be addressed prior to commencement of work.

8.3.0 Functions of the QASP: The QASP is composed to convey the following:

A. The roles and responsibilities of Government officials B. The evaluation methods that will be employed by the Government in assessing the Contractor’s performance and C. The monitoring forms used to evaluate and document the Contractor’s performance.

8.4.0 Government Roles and Responsibilities:

The “technical” Government personnel who will use this Scheme is the Contracting Officer Representative (COR). The COR has main technical responsibility for overall performance management of the contract. He or she has the lead in monitoring, assessing, recording and reporting the technical performance of the Contractor. The COR will be the main interface with the Contractor about performance and work closely with the Contractor’s Project Manager. On the other hand, the Contracting Officer makes all the key contractual decisions in obligating the Government. Thus, the COR also will keep the Contracting Officer (CO) informed about the emerging performance and seek the CO’s advice and input for non-technical issues that arise.

In carrying out performance monitoring, the following responsibilities are to be noted:

A. Inspection can be done at all times and places so long as not to disrupt the Contractor’s effort.

B. If the COR discovers performance deficiencies, the Contractor is given the first right to make the corrections.

C. If the Contractor is not able to make corrections, either:

D. Acceptance acknowledges that the performance conforms to the requirements and that the Government will take title and ownership of the outputs.

E. The ultimate determinant of performance is what is in the contract.

NOTE: The Contractor has a key responsibility here as well: namely, to have a quality control scheme in place and be using it to assure the proper performance by correcting deficiencies as performance emerges. The COR (through the CO) can request a copy of the Quality Control Scheme at any time.

8.5.0 Performance Evaluation Methods:

A. The primary functions that the COR will carry out are: doing inspection, handling nonconformance and acceptance. These functions will be done to the tasking and deliverable facets of the effort. Specifically, such duties will entail the following:

1. Carry out periodic inspections by establishing an Inspection Schedule using the Quality checklists from the contractor’s Quality Control Plan (as appropriate) and/or the set of Government Performance Requirements Summaries.

2. Random Inspections will be done on a monthly basis by the COR or evaluator not to exceed four (4) times per month. Report findings obtained from the periodic inspections to the Contracting Officer.

3. Use the Contract Discrepancy Report Form (see below), which will be provided to the vendor, to: 1) communicate discrepancies discovered during the periodic inspections, 2) note the impacts of what was not completed, and any recommendation for rework or re-performance, and 3) follow up to ensure non-conformances are corrected.

4. Hold weekly review meetings. Follow through to ensure agreed to actions are taken by the vendor.

5. Provide timely feedback on submitted deliverables. Get feedback to the vendor in time to incorporate comments for resubmittal.

6. Review changes to the Quality Control Plan before having the Contracting Officer sign off.

7. Perform annual and final Performance Evaluations.

B. When an observation indicates defective performance, the COR will require the contract manager or representative to initial the observation made. The initialing of the observation does not necessarily constitute concurrence with the observation, only acknowledgment that he or she has been made aware of the defective performance.

C. The Contractor shall perform or re-perform any work, which was not performed in a satisfactory manner, at the Contractors expense. In the event the contractor fails to provide the manpower necessary to accomplish the work requested, the Government reserves the right to assign and place a sufficient number of federal employees on the job or hire personnel to accomplish the work. The cost of such federal employee so used shall be charged against the contractor and the amount of all costs to the Government incurred as a result of such action shall be deducted from any payment due the contractor. Also, if federal employees are not available, the amount due the contractor for the month in which the failure occurs will be adjusted.

8.6.0 Performance Requirement Summaries:

In general, the Tasking and Deliverables done by the Contractor will be evaluated in terms of how well the requirements of the contract are satisfied. The COR will periodically perform Inspection on the Tasking and Deliverables to ensure there is a match between actual and expected performance. If there are discrepancies, the Contract Discrepancy Report (see below) will be used to communicate these performance concerns to the Contractor, and follow through to ensure performance gaps are closed. The Contracting Officer will be kept in the loop often in terms of the Inspection findings and means to resolve identified performance concerns. Note: the periodic performance feedback given to the Contractor by the COR doing Inspection can be “golden” in terms of providing timely and insightful feedback about any “mid-course corrections” the Contractor may need to make to ultimately achieve the contract requirements. In addition, the information obtained from such incremental surveillance activities will form the basis for the COR completing the Performance Criteria and Their Ratings form (see below).

The actual Inspection that is done by the COR includes using Performance Requirement Summaries (PRSs).

A. Requirement Element: This is a Task or Deliverable or an aspect of Task or Deliverable that will be evaluated by the COR. The PRS table is developed to include Tasks and each set of Deliverables.

B. Acceptable Quality Level (AQL): The Performance Work Statement (PWS) delineates the levels of performance expected from the Contractor. During the actual Contractor performance, the COR will evaluate the current level of performance, by using one or more AQL’s given in the PRS. In many instances, these AQL’s come from internal or external standards. The basic reason for using AQL’s is to know whether the Contractor is or is not moving toward attaining the required level of performance. A major challenge is ensuring that there is a match between the discovered AQL’s and the feedback about actual performance.

Then, over time, use of these AQL’s can, where needed, improve the expected versus actual performance “fit.”

C. Monitoring Method: This is the means by which the COR will verify that the AQL’s are providing effective performance feedback information.

CONTRACT DISCREPANCY REPORT

1. Contract Number

2. To: (Contractor and Representative's Name) 3. From: (Name of Contracting Officer's Representative (COR))

DATES______________________________________________________________________________________

4. Prepared 5. Oral Notification 6. Returned by Contractor 7. Action Complete

8. Discrepancy or Problem (describe in detail)

9. Signature of COR

10. To: (Contracting Officer) From: (Contractor)

11. Contractor response as to cause(s), corrective action(s), and action(s) to prevent reoccurrence: Attach continuation sheet if necessary.

12. Signature of Contractor Representative Date

13. Government Evaluation (Acceptable, partially acceptable, or rejected). If necessary, explain further contractor actions required.

14. Government Actions (see below or cure notice, show cause notice, etc.)

15. Verification of Remedy

Name-Title Signature Date________________

Contractor Representative

COR

AG-54A4-S-11-0001 Baldwin Ranger District Janitorial Services Contracting Officer

PERFORMANCE CRITERIA AND THEIR RATINGS

Quality of Product/Service

· Compliance with contract requirements.

· Accuracy of reports.

· Appropriateness of personnel

· Technical Excellence.

· Current, accurate and complete billings.

· Relationship of negotiated costs to actuals.

· Cost containment initiatives.

· The number and cause of Change Orders issued.

· Met interim milestones.

· Responsive to technical direction.

· Responsiveness to contract change orders or administrative requirements.

· Completed on time including wrap-up, contract close-out, reporting responsibilities and contract administration.

· Whether liquidated damages were assessed.

· Creative strategies to serve the customer.

· Responsive to contract requirements.

· Prompt notification of problems.

· Effective solutions to resolve problems & prevent recurrence.

· Reasonable, flexible & cooperative.

· Pro-Active.

· Whether contractor effectively implemented socio-economic programs.

0. Unsatisfactory.

Nonconformances are compromising the achievement of contract requirements despite the use of Agency resources.

1. Marginal.

Nonconformances require major Agency resources to ensure achievement of contract requirements.

2. Satisfactory.

Nonconformances do not impact achievement of contract requirements.

3. Excellent.

Note: In those rare cases where the Contractor’s performance clearly exceeds the performance level Excellent, a “plus” can be added to the Contractor’s rating.

9. 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 COR a list giving the name and manufacturer, the brand name, and Material Safety Data Sheets 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. This does not relieve the Contractor of any damages resulting from the application of such materials.

10. AVAILABILITY OF FUNDS. (APRIL 1984)

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

PART II – CONTRACT CLAUSES

52.212-4 Contract Terms and Conditions—Commercial Items (Jun 2010)

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

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

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). 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—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), 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 Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period…