AG-82A7-S-11-0096.pdf

AG-82A7-S-11-0096

Facilities Maintenance Instructor CASS CCC Ozark, AR

Source Selection Information – See FAR 2.101 and 3.104

2SOLICITATION/CONTRACT/ORDER AL ITEMS 1. REQUISITION NUMBER PAGE

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 `514853 1 of

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

DATE

05/05/2011

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

05/26/2011

7. FOR SOLICITATION INFORMATION

CALL: Send e-mails only Lincoln S. Capstick III e-mail:

lcapstick@fs.fed.us

LOCAL TIME

1430 MT

9. ISSUED BY CODE 10. THIS ACQUISITON IS 11. DELIVERY FOR 12. DISCOUNT TERMS

FOB DESTINATION

UNLESS BLOCK IS

USDA Forest Service R2-Rocky Mountain Region C/O Lincoln S. Capstick III 740 Simms Street Golden, CO 80401

SET ASIDE: 100 % FOR

SMALL BUSINESS

HUBZONE SMALL BUSINESS

8(A)

MARKED

SEE SCHEDULE

NAICS:624310

SIZE STANDARD: $7.0million

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

See Section C

16. ADMINISTERED BY CODE

Same as Block 9 17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

National Finance Center St. Louis, MO

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Facility Maintenance Trade Instructor at CASS Job Corps Center, Franklin County, Ozark, Arkansas.

Product Service Code: U0006

Product Service Description: Vocational/Technical

Base Year (July 01, 20011 through June 30, 2012)

Option Year One (1) (July 01, 2012 through June 30, 2013)

Option Year Two (2) (July 01, 2013 through June 30, 2014)

MO

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 52.2124. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO ISSUING

OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON NAY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

HEREIN.

29. AWARD OF CONTRACT: REF. OFFER DATED __________________.

YOUR OFFER ON SOLICITATION (BLOCK %) 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)

Lincoln S. Capstick III

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449

(REV.4/2002)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Option Year Three (3) (July 01, 2014 through June 30, 2015)

Option Year Four (4) (July 01, 2015 through June 30, 20116)

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECTFOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41 b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41 c. DATE

42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

CONTRACTOR FEDERAL TAX ID NUMBER

CONTRACTOR DUNS NUMBER:

CONTRACTOR EMAIL ADDRESS________________________________________________________

Proposal Preparation Instruction

This is a Request for Proposal (RFP) and all bids must arrive to this contracting office on or before the

―No Later Than‖ time in Block 8 on page 1 of the SF1449.

Reference solicitation number AG-82A7-S-11-0096 and ATTN: Mr. Lincoln S. Capstick III on the envelope.

FOR QUESTIONS PLEASE CONTACT MR. LINCOLN S. Capstick III BY EMAIL AT THE

FOLLOWING ADDRESS: lcapstick@fs.fed.us. NO PHONE CALLS WILL BE ACCEPTED.

Enclose the following with your proposal:

1. Standard Form 1449

2. Resume of Key Personnel

3. Representations and Certifications

4. Experience Questionnaire.

This is a Request for Proposals, (RFP) should the term ―offer/offeror’s‖ or ―bid/bidder’s‖ or

―quote/quoter’s‖ be found within this solicitation these have the same meaning as

―proposal/proposer’s‖.

Site visits may be arranged by calling Mr. Mike Stringer at 479-667-0343.

mailto:lcapstick@fs.fed.us

TABLE OF CONTENTS

Section Page No.

SF-1449 Solicitation/Contract/Order 1

PART I – THE SCHEDULE

SECTION B – Schedule of items 2

SECTION C – Statement of Work 5

SECTION D – Packaging and Marking 11

SECTION E – Inspection and Acceptance 11

SECTION F – Delivery or Performance 11

SECTION G – Contract Administration 11

SECTION H – Special Contract Requirements 12

PART II – Contract Provisions and Clauses 13

SECTION I – Contract Provisions and Clauses 13

PART III – List of Documents, Exhibits, and Other Attachments 39

SECTION J – List of Attachments 39

ATTACHMENT I – Sample Invoice 40

ATTACHMENT II – Experience Questionnaire 43

ATTACHMENT III – SCA Wage Determination 45

PART IV – REPRESENTATIONS AND INSTRUCTIONS 56

SECTION K – Representations, Certifications, & Other Statements 56

SECTION L - Instructions, Conditions, and Notices to Offerors or Quoters 67

SECTION M – Evaluation Factors for Award 71

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

PERFORMANCE BASED SERVICE CONTRACT

STATEMENT OF WORK – FACILITY MAINTENANCE TRADE INSTRUCTOR

CASS JOB CORPS CENTER

C.1 INTRODUCTION:

The USDA - Forest Service, Ozark/St. Francis National Forest, Cass Job Corps Center, located at 21424 N.

Highway 23, Ozark, Arkansas, is a residential, educational, and vocational training facility for students 16 to 24 years of age. The Cass Job Corps Center is the place of performance for this contract. The mission of the Center is to provide academic, vocational and life learning skills to at-risk youths.

C.2 BACKGROUND:

Job Corps is a U.S. Department of Labor, Employment and Training Administration (ETA) program. Job

Corps is designed to assist young people who need, and can benefit from, the wide range of services provided at a Job Corps Center. Through its Centers, Job Corps offers academic, vocational and life skills training using a unique approach of competency-based and individualized instruction. Services include basic education, High School Diploma (HSD) program; General Education Development (GED) program;

vocational skills training; residential living program; healthcare; and related support services. The comprehensive combination of training and support services is designed to help each student become a responsible and productive citizen.

Approximately 224 students live full-time at the Cass Job Corps Center. The students attend classes at the

Center. The Center has classroom facilities, hands on trade education, a cafeteria, health services, recreational facilities, and dormitories.

Because Job Corps is a self-paced program, a student’s length of enrollment varies. Students may remain in the program for up to two years, but the average length of enrollment is approximately nine months. An optional third year is granted to students who qualify for advanced training. Upon completion of the program, students are better prepared to obtain meaningful employment or further their education through

Job Corps sponsored Advanced Career Training (ACT) or college. Career transition services are provided to all students separating from Job Corps.

Student eligibility requires that applicants must meet all of the following criteria to participate in Job Corps.

Applicants must be at least 16 years of age and not yet 25 years of age.

Each applicant must be a U.S. citizen, a U.S. National, a lawfully admitted permanent alien, refugee, or other alien who has been authorized by the U.S Attorney General to work in the United States.

Job Corps assists students in attaining and maintaining optimal health by providing basic on-Center health services to include promotion, prevention, assessment, intervention, and follow-up care. In addition, Job

Corps strives to educate students regarding the connection between maintaining a healthy lifestyle and being employable.

C.3 SCOPE OF WORK:

It is the intent of this solicitation and any resultant contract to obtain Facilities Maintenance Training

Instructor Services as specified herein for a base period from July 1, 2011 through June 30, 2012 and four option years from July 1, 2012 through June 30, 2016. The services will be performed at the Cass Job

Corps Center.

C.4 GENERAL

The training provided shall enable students to enter specific areas of the industry as trainees on jobs which do not require a high school diploma as well as higher level jobs requiring more advanced skills and training. The training shall be a combination of classroom and hands on training for the purpose of acquiring specific fundamental skills in those areas of the Facilities Maintenance trade for which there is an established need for workers to meet the requirements of the industry. The training will be conducted at the

Cass Civilian Conservation Center, located approximately 18 miles North of Ozark, Arkansas on Highway

23.

C.5 DEFINITIONS

PRH – Policy and Requirements Handbook (Department of Labor) available at http://jcweb.jobcorps.org:7108/documents/docu.htm

SAG – Student Activity Guides

TAR – Training Achievement Records

CDSS – Career Development Services System

CO – Contracting Officer

AQL – Acceptable Quality Level – The allowable leeway or variance from a standard before the government will reject the specific service.

Performance Standards – An acknowledged measure of comparison.

ESP – Evaluation of Student Progress

DOL – Department of Labor

CA-1 – Government form used to document injury or accident

CTTRC – Career Technical Training Report Card

C.6 GOVERNMENT FURNISHED PROPERTY

The government will furnish the necessary space for instruction and equipment storage and will provide necessary utilities for operation of the equipment.

The government will provide the necessary space for instruction, desks, chairs and storage cabinets for students.

The government will provide training equipment such as; Pipe threading and cutting tools, drain cleaning machines, mowers and landscape tools, ladders and scaffolding, wood cutting tools, wet-dry vacuum, grinders, vise, testing meters, etc.

The government will provide space to be utilized as an office for the instructor with, at a minimum, a desk, chair and filing cabinet.

The government will provide consumable training supplies.

C.7 CONTRACTOR FURNISHED CRITICAL ITEMS/SERVICE

The Contractor shall be responsible for selecting qualified personnel necessary to train and place students in the trade of Facilities Maintenance. At a minimum the instructor selected by the Contractor will possess:

a. A thorough knowledgeable in the theory, practices and skills of the trade.

b. The ability to recognize and apply good training techniques and skills.

http://jcweb.jobcorps.org:7108/documents/docu.htm

c. The interest, desire, experience and ability to work effectively with the unemployed and disadvantaged youth from various economic and social backgrounds without regard to race, creed, color, sex or national origin.

The Contractor shall ensure that personnel in all categories shall be personally and professionally qualified for the assignment to be undertaken.

C.8 PERFORMANCE WORK STATEMENT TASKS/CRITICAL SUBTASKS

C.8.1 Student Training:

The Contractor shall present and supplement the Facilities Maintenance program in accordance with the Job Corps Vocational Program Guidelines contained in the U. S. Department of Labor’s (DOL)

―Policy and Requirements Handbook‖, and student Training and Achievement Record (TAR). The program will be so designed as to provide for:

1. Individualized instruction and rate of progression for each trainee.

2. The development, as a minimum, of the specific skills necessary for job placement as a worker in the Facilities Maintenance occupation.

The Contractor shall provide, in addition to the basic program requirements, additional and/or supplemental training to individual trainees. This additional and/or supplemental training is to ensure that students acquire the skills, knowledge and attitudes to make them employable, and that the student meets the requirements of today’s business industry needs.

The Contractor shall provide, as appropriate, necessary supplemental text and audio-visual materials to assure successful trainee indoctrination, accomplishment and vocational progression as scheduled.

The training program shall be designed to accommodate a minimum of 24 trainees. Students shall be assigned to the program on the basis of their educational capability. An average of one-half the training capacity will be assigned to the program per week in accordance with Job Corps maximum benefits system guidelines. At no time shall the number of students physically in the classroom exceed the 12 students per week goal by greater than 15%. Every effort shall be made by the Contractor and the

Center to ensure a sufficient number of trainees are scheduled in the program at all times.

If the instructor provided by the Contractor is absent for more than 2 consecutive days it will be the

Contractor’s responsibility to insure a qualified replacement is available to assume the instructor’s job duties until their return. All scheduled absences must be approved in advance through the Works

Program Officer and absences due to illness must be reported as early that day as possible.

C.8.2 Student Placement:

Contractor will assume responsibility for job development in areas of greatest employment potential, usually in cities above 200,000 populations.

Contractor will develop a file on each student, giving pertinent data, which will be helpful in job analysis, job development, and job placement. The center will furnish data for this file to include age, academic data, work backgrounds, resident or home location. Assessment of attitude, Civilian

Conservation Center performance, achievements, academic and communicative levels attainment, etc.

will be furnished to the Evaluation of Student Progress (ESP) panel and placed in their file.

Two to three months prior to graduation, Contractor will survey the labor markets in the student’s home vicinity and coordinate job placement with center counselors and placement staff. It is imperative that students receive their GED or High School diplomas and obtain necessary job skills prior to release for job placement. Coordination of job placement shall insure that every student who is capable will receive his/her GED or High School diploma and trade skill requirements before being terminated from the program and placed on a job. The determination of whether or not a student is capable of earning a GED or High School Diploma rests with the Center Director in consultation with the Director of Education. This coordination is consistent with the center’s placement policy and DOL requirements for all trades.

Contractor will make a technical analysis of the job requirements in companies interested in the employment of students. This data will be relayed to the Center Director at the Civilian Conservation

Center so special instruction can be administered to help make the student slated for the job aware of the job requirements and duties.

The Contractor’s Facilities Maintenance Instructor shall assist Career Transition personnel in the placement of their students in their training related areas under the Job Corps Career Development

Services System (CDSS).

Standards for retention and placement of Job Corps Students: at least 85% of the students shall be retained in the Facilities Maintenance program for a period in excess of 90 days; At least 80 % of those students who are retained in the Facilities Maintenance program for at least 189 days shall be placed in an occupationally related job.

C.9 STAFFING

The Contractor will be required to provide a training instructor who will have the responsibility for the successful implementation of the student training program. The training instructor will also assist the

Center in conducting current and projected labor surveys for the employment of Facilities Maintenance graduates. The instructor will give consideration to the changing requirements and, if necessary, will modify and update the training program in order to accommodate the changing needs of the industry.

All proposed changes to the basic program shall be submitted to the Contracting Officer.

Through the Works Program Officer, the Contractor will coordinate all findings with the Center’s academic department to help facilitate maximum vocational/academic achievement.

Employees of the Contractor will not be permitted to perform personal tasks or to accept for pay tasks which would be performed in the Facilities Maintenance class or with Government-furnished equipment, supplies or materials.

C.10 REPORTS, RECORDS AND FILES

The Contractor shall develop and maintain a file on each student, providing pertinent data which will be helpful in job analysis, job development and job placement. The Center will furnish data for this file to include age, academic data, work backgrounds and home locations. The Contractor shall add to this file by maintaining records on activities that include attendance, progress, performance, disciplinary problems, work accomplishment, placements, successes and any other pertinent information involving the students training while in the program.

On a regular pre-determined schedule, the Contractor’s instructor shall provide a periodic progress report to the Center’s Evaluation of Student’s Progress panel for review for students enrolled in the

Facilities Maintenance program.

The Contractor shall complete the Training Achievement Record for weekly evaluation and counseling with each scheduled trainee. The instructor will also assist Center personnel with other Center records relating to the trainee and training projects (i.e., work accomplishments, notes necessary for quarterly reports).

A final report that documents and summarizes the results of the entire contract performance, including recommendations and conclusions based on the experience and results obtained, shall be submitted to the Contracting Office sixty (60) calendar days prior to the expiration of this contract.

C.11 SAFETY

The Contractor shall be responsible for conducting an on-going safety program and enforce all safety rules and regulations. They shall be in accordance with existing Forest Service and OSHA requirements as they relate to personnel, facilities and equipment.

Contractor must meet OSHA safety requirements that pertain to Contractor-furnished equipment. The

Contractor will submit engineering assistance relative to any facility changes including those peripheral to equipment. The Contractor will not be responsible for the procurement, cost or implementation of the needed changes.

C.12 GENERAL

C.12.1 The Contractor will actively support, adhere to and follow all Center procedures, rules and regulations as well as DOL and Forest Service Regional Directives, National Directives and the PRH as they apply to Job Corps and its operation. The Center shall make available to the Facilities

Maintenance instructor, documentation of all pertinent procedures, rules, regulations, directives and

PRH requirements, as well as any changes, additions or updates as they occur.

C.12.2 Students will be assigned to Facilities Maintenance utilizing the center Maximum Benefits

Program during a one-day cycle. At all times, every effort will be made by the Center and Contractor to maintain, as closely as possible, a total of 12 students per week assigned to the Facilities

Maintenance program.

C.12.3 All trainees will serve a probationary period of 90 calendar days and shall meet the following criteria, unless the progress/performance and evaluation panel of the selection board unanimously approves them.

a. Must have sincere interest in Facilities Maintenance.

b. Must demonstrate that he/she can follow instructions and work safely.

c. Must not have a physical handicap that would impair his/her ability to perform in the occupational area. Trainee must have both eyes and ears functional

d. Selection of all trainees will be by the Vocational Coordinator and Program

Director.

C.12.4 Contract employees will not be scheduled to work on the following government holidays:

New Year’s Day – January 1

Martin Luther King Junior’s Birthday – Third Monday in January

President’s Day – Third Monday in February

Memorial Day – Last Monday in May

Independence Day – July 4 th

Labor Day – First Monday in September

Columbus Day – Second Monday in October

Veteran’s Day – November 11 th

Thanksgiving Day – Fourth Thursday in November

Christmas Day – December 25th

C.13 WORKING ENVIRONMENT:

The Contractor must be able to work in environments, both indoors and outdoors, which are often hot, cold, dusty, dirty and greasy. The Facilities Maintenance Trade Instructor may be required to perform work outside in bad weather conditions and in noisy situations. He/she may occasionally be exposed to the possibilities of broken bone, electrical shock and burns. Occasionally, work may be done in areas at various heights, i.e. roof tops. He/she will be frequently exposed to cuts and bruises. Some work may be required in confined spaces.

C.14 WORK HOURS

Normal work will be from 7:30 am to 4:00 pm (including a ½ hour lunch period that is not paid by the

Government) Monday through Friday, excluding holidays.

C.15 PLACE OF PERFORMANCE:

Services will be provided at the USDA Forest Service, Ozark/St. Francis National Forest, Cass

Job Corps Center, 21424 N. Highway 23, Ozark, Arkansas. The Center is located approximately eighteen miles north of Ozark, Arkansas.

C.16 PERIOD OF PERFORMANCE:

The period of performance for this contract is July 1, 2011 through June 30, 2012, with four 12 month option periods, which may be exercised at the Contracting Officer’s discretion.

C.17 MEASUREMENT AND PAYMENT:

Payment shall be made in accordance with the Schedule of Items. Each month, the contractor’s performance will be compared to the Statement of Work. Monthly payments to the Contractor will be reduced for unsatisfactory performance in any of the elements listed.

The Contractor shall forward a proper invoice for the services performed. The invoice shall be mailed to the Contracting Officer’s Representative so that it is received by the 5 th day of each month following the month services were provided. Payment shall be made monthly. One single billing is to be provided each month and shall be mailed to:

Cass Job Corps Center

Attention: Works Program Officer

21424 N. Hwy 23

Ozark, AR 72949

SECTION D – PACKAGING AND MARKING

N/A

SECTION E – INSPECTION AND ACCEPTANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): www.arnet.gov/far/

(End of clause)

FAR 52.246-1 Contract Inspection Requirements (APR 1984)

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

SECTION F – DELIVERIES OR PERFORMANCE

FAR 52.242-15 Stop Work Order (Aug 1989)

AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is a base year plus 4 option years.

AGAR 452.211-75 Effective Period of Contract (FEB 1988)

The effective period of this contract is from July 01, 2011 – June 30, 2012.

SECTION G – CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held via teleconference and information will be provided by the contracting officer prior to the scheduled date and time. .

(End of Clause)

INVOICE PROCESSING

Invoices shall be completed in accordance with contract clauses. Invoices shall be submitted to the

Contracting Officer’s Representative (COR) for their acceptance of services rendered.

Payments shall be made in accordance with the schedule of items as shown in Section B. All other work will be considered incidental and included in the payment for the items in Section B. The contractor will be paid based upon the actual services provided and performed pursuant to the Statement of Work.

http://www.arnet.gov/far/

The Contractor shall forward a properly itemized invoice (see attachment II) for the services performed and accepted at the contract rates. The invoice shall be mailed to the COR so that it is received by the 5 th day of each month following the month services were provided. Payment shall be made monthly. Invoices shall be mailed to the attention of the designated COR at:

CASS Civilian Conservation Center

21424 North HWY 23

Ozark, AR 72949

SECTION H – SPECIAL CONTRACT REQUIREMENTS

AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

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

TITLE NAME

Facilities Maintenance Instructor

• Carpentry maintenance

• Concrete and masonry maintenance

• Surface finishing and sealing

• Plumbing maintenance

• Electrical maintenance

• Environmental control systems

• Building safety systems

• Landscaping and grounds maintenance

• Introduction to cabinetry (optional)

(Contractor to fill out)

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.

The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial

90-day period, the Contractor shall submit the information required by paragraph (c) to the

Contracting Officer at least 15 days prior to making any permanent substitutions.

( c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the

Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

PART II – CONTRACT CLAUSES

The full text of a clause or provision may be accessed electronically at www.arent.gov/far/

SECTION I – CONTRACT CLUASES

FAR 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 re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 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;

http://www.arent.gov/far/ http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_233_240.html#wp1113304 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137572

(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.

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(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 in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

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

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

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the

Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(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 https://www.acquisition.gov/far/current/html/Subpart%2033_2.html#wp1079912 https://www.acquisition.gov/far/current/html/Subpart%2032_6.html#wp1031290 https://www.acquisition.gov/far/current/html/Subpart%2032_6.html#wp1031326 with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with

31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+160+141++%2818%29%20%25 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+1574+51++%2840%29%20%20AND%20%28%2840%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t49t50+2+224++%2849%29%20%20AND%20%28%2849%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179527 https://www.acquisition.gov/far/current/html/FormsStandard68.html#wp1189284 the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, ―doing business as‖ name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in

FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database;

(B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ―Suspension of Payment‖ paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see

Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database.

Information provided to the Contractor’s CCR record that indicates payments, including those made by

EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ―Suspension of payment‖ paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(End of clause)

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive

Orders—Commercial Items (APR 2011)

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(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) (Pub. L. 108-77, 108-78).

(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:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

https://www.acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/far/current/html/Subpart%2032_8.html#wp1029202 http://www.ccr.gov/ https://www.acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_233_240.html#wp1113344 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137622 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1141983 http://uscode.house.gov/

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (June 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 (Jul 2010)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010)

(Pub. L. 111-5).

_X (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

__ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011)

(15 U.S.C. 657a).

__ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (9) [Reserved]

X (10)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II…