Solicitation for Janitorial Services FICC.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NO.

PAGE 1 OF

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICI-ATION NO.

AG-4283-S-12-0001

6. SOLICITATION ISSUE DATE

January 25, 2012

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

Lawanda Henry

b. TELEPHONE NO. (No collect calls)

850-523-8534

8. OFFER DUE DATE/LOCAL TIME

02/27/2012 @ 2:00

9. ISSUED BY CODE

10. THIS ACQUISITION IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS

USDA Forest Service, Contracting 325 John Knox Road, Suite F-100 Tallahassee, FL 32303

UNRESTRICTED

SET ASIDE: 100% FOR

SMALL BUSINESS

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

SMALL DISADV.

BUSINESS

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

8(A) 13b. RATING

NAICS: 561720

SIZE STD: $15 million

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

Same as block 9

17a. CONTRACTOR/ CODE

OFFEROR FACILITY

CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

Same as block 9

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

SUCH ADDRESS IN OFFER

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

BLOCK BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Florida Interagency Coordination Center and Florida Prescribed Fire Training Center Janitorial

Services see Schedule of Items see Schedule of Items

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

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

28.

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

COPIES TO

FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT

TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29.

AWARD OF CONTRACT: REFERENCE KTN-05-02 OFFER

DATED _________________. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

RECEIVED INSPECTED CONTRACT, EXCEPT AS NOTED PARTIAL

36. PAYMENT 37. CHECK NUMBER

32b. SIGNATURE OF AUTHORIZED GOVT REPRESENTATIVE 32c. DATE COMPLETE PARTIAL

FINAL

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO.

40. PAID BY

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL STANDARD FORM 1449 (10-95)

GENERAL INFORMATION

CONTRACT AWARD:

THIS SOLICITATION IS 100% SET ASIDE FOR SMALL BUSINESS CONCERNS.

AWARD WILL BE MADE TO ONE OFFEROR.

SCOPE OF WORK:

Furnish all labor, equipment, supplies (except Government-furnished supplies if applicable), materials, transportation and supervision to perform janitorial services for the Florida Interagency Coordination Center and the Florida Prescribed Fire Training Center, Leon County, FL in accordance with specifications, quality surveillance standards, and other requirements of this contract.

SITE VISIT: A formal site visit is scheduled for February 15, 2012 at 09:00 AM at the Florida Interagency Coordination Center Office, 3250 Capital Circle SW, Tallahassee, FL 32310.

BASIS OF AWARD

Award will be made to the most highly ranked offeror, (1) whose quote is technically acceptable, has demonstrated past performance in meeting customer satisfaction, and (2) whose past performance, experience and price presents the BEST VALUE and is the most advantageous to the Government.

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 88)

This contract is a fixed price contract for a base period of performance from date of award through September 30, 2012, plus four additional one-year option periods.

Submission of an offer for the basic contract period constitutes an offer to perform in the Option Period(s), if exercised. Offerors shall quote on base year and all option years.

PERIOD OF PERFORMANCE

Base Period – Date of award through September 30, 2012 Option Period I - October 1, 2012 thru September 30, 2013 Option Period II - October 1, 2013 thru September 30, 2014 Option Period III – October 1, 2014 thru September 30, 2015 Option Period IV- October 1, 2015 thru September 30, 2016

SCHEDULE OF ITEMS FOR BASE YEAR

(DATE OF AWARD – SEPTEMBER 30, 2012)

Janitorial Services for the Florida Interagency Coordination Center and Florida

Prescribed Fire Training Center

ITEM

NO. DESCRIPTION QTY UNIT UNIT

PRICE AMOUNT

1.0

Janitorial Services in accordance with attached specifications and quality assurance standards

06 MO $_________ $ ________

TOTAL $ ________

SCHEDULE OF ITEMS FOR OPTION YEAR I

(OCTOBER 1, 2012 THRU SEPTEMBER 30, 2013)

12 MO $_________ $ ________

Prices for Base Period and Four (4) Option Years Submitted By:

Signature: Phone:

Vendor Name: Fax:

Address: Email:

DUNS#: TIN#:

SCHEDULE OF ITEMS FOR OPTION YEAR II

(OCTOBER 1, 2013 THRU SEPTEMBER 30, 2014)

SCHEDULE OF ITEMS FOR OPTION YEAR III

(OCTOBER 1, 2014 THRU SEPTEMBER 30, 2015)

Vendor Name: Fax:

SCHEDULE OF ITEMS FOR OPTION YEAR IV

(OCTOBER 1, 2015 THRU SEPTEMBER 30, 2016)

Grand Total to include all options

GRAND

TOTAL $___________

Vendor Name: Fax:

SECTION B – PROJECT WORK STATEMENT

B.1 Scope of Work The Contractor shall provide all labor, materials, equipment, supplies, transportation and supervision necessary to perform janitorial services for the FL Interagency Coordination Center (FICC) and FL Prescribed Fire Training Center (PFTC) as stated in Section B.9 Performance Work Statement Tasks with the exception of Government-Furnished Property stated in Section B.7.

This solicitation contemplates an award of a base period with four (4) option years. Work on the contract will begin approximately April 1, 2012. The option years are subject to FAR 52.217-9 Option to Extend the Term of the Contract.

The Government is planning a pre-quote on-site conference where potential bidders may obtain a better understanding of the work. The conference will be held:

Date: February 15, 2012 Time: 9 a.m.

Location: Meet at the Florida Interagency Coordination Center front desk area.

Prospective offerors are encouraged to visit the site during business hours to view the building for themselves.

B.2 Location The FL Interagency Coordination Center and Prescribed Fire Training Center is located at 3250 Capital Circle SW, Tallahassee, Leon County, Florida. For information contact Thelma Jackson@ 850/523-8604.

B.3 Description of Work Area The area under this contract covers approximately 7000 square feet of office space and related areas such as entrance/exit ways, corridors, a training room, small kitchen and restrooms. The building is a two story with two bathrooms on each floor

B.4 Safety Contractors are subject to all applicable State and Federal OSHA rules and regulations.

B.5 Security The Contractor shall protect Government property, buildings, equipment, materials, records, and data against unauthorized access, loss, or damage.

The Contractor shall announce their arrival and departure to employees who may be occupying the building. Doors shall be left locked unless otherwise instructed.

The Contractor shall ensure that all keys issued by the Government are kept secure and not used by unauthorized persons. Government-issued keys shall not be duplicated. The Contractor shall reimburse the Government for replacement of locks or re-keying as a result of Contractor loss or negligence.

Only the Contractor’s employees are allowed in the building or on the job site. The Contractor is prohibited from opening locked areas to permit entrance of persons other than the Contractor’s employees.

The Contractor shall not attempt to reconnect or re-plug any computer wiring disconnected or disturbed during the performance of this contract. The Contractor shall leave written notification of any computer equipment accidentally disconnected in a location determined by the Contracting Officer’s Representative (COR).

The Contractor shall not disturb papers on desks, or bulletin boards nor shall the Contractor use Government telephones or other equipment except for emergency use.

B.6 Contractor Furnished Property The Contractor shall supply all labor, supervision and equipment necessary to satisfactorily meet or exceed the performance standards of this contract.

The Government will prior approve all cleaning materials and equipment furnished by the Contractor to ensure that they do not harm, cause permanent damage to Government property or endanger the health and safety of the building users. This does not absolve the Contractor for responsibility for any damage caused by the material and equipment used.

Contractor furnished equipment shall include but may not be limited to:

• Vacuum cleaners shall have HEPA or similar type filter.

• Cleaning equipment shall be equipped to prevent marking/denting of Government property.

• Cleaning equipment (buckets, brooms, mops, brushes, sponges, cloths, etc.)

• Window washing capabilities for all window surfaces covered in the specifications.

• All safety equipment and materials to insure compliance with State and Federal OSHA regulations.

B.7 Government Furnished Property The Government will provide the following items of Government property.

• Dumpster/trash container adjacent to the building.

• A storage room for both Contractor and Government supplied equipment and materials.

• Liquid hand soap, toilet paper, toilet seat protectors, urinal screens, deodorizers, plastic trash can liners, trash bags, paper for towel dispensers and other cleaning supplies.

The Contractor and the Government will coordinate the effective use of the storage area and will mutually monitor the level of Government furnished supplies to ensure adequate amounts are on hand.

B.8 CLEANING SCHEDULING

The Government may schedule events after normal business hours or on weekends. In such cases, the COR will notify the Contractor within 24 hours of the event.

Semi-annual services shall be scheduled and prior approved by the COR. The Contractor shall notify the COR at least three working days prior to beginning these scheduled services. Once started, these services shall be carried through to completion without interruption.

B.9 PERFORMANCE WORK STATEMENT TASKS

B.9.1 Weekly Cleaning (One cleaning per week) The day and time for the services to be performed is negotiable after award between the COR and the Contractor. After a day and time is set, it can not be changed without approval by the COR.

B.9.1.1 General Office Building

1. Sweep/vacuum carpeted and non-carpeted floors.

2. Spot clean soiled areas on floors, walls, furniture, banisters, and other horizontal and vertical surfaces throughout the building where evident.

3. Wipe clean all glass, door handles and metal surfaces of doors.

4. Wipe clean water-fountains with disinfectant and polish.

5. Empty all trash containers, spray and damp wipe inside and out with disinfectant and change liners.

6. Place all trash in dumpster.

7. Empty solid waste in and adjacent to trashcans, including waste labeled as “trash.”

8. Clean and polish the counter top in the reception area.

9. Dust all furniture, desks, chairs, etc.

10. Clean wall switches and thermostats.

11. Wet mop all tile floors.

12. Laminate wood floors upstairs will be vacuumed then cleaned with provided equipment from the Government.

13. Clean and sanitize all telephones.

14. Clean cobwebs from wall, corners, windows and ceilings.

15. Clean windows with glass cleaner

16. Sweep outside steps and dust railings.

B.9.1.2 Restrooms

1. Restock all restroom supplies.

2. Clean and disinfect all restroom floors and surfaces.

3. Clean and sanitize sink basins and trim.

4. Clean and sanitize complete toilet structure inside and out with a disinfectant and wipe tank lid.

5. Clean and sanitize urinals and trim with a disinfectant.

6. Empty all restroom trash receptacles.

B.9.3 Semi-Annual Cleaning Services – April and December.

B.9.3.1 General Office

1. Strip and wax all tile floors.

2. Shampoo all carpeted Areas

B.10 Quality Assurance and Surveillance Plan The Quality Assurance and Surveillance Plans that follow outline the specific service required and promote continuous improvements in contractor performance. The government expects the contractor to perform at the acceptable level throughout the life of the contract.

AG-4283-S-11-0005

Project: Janitorial Services for the Osceola Ranger District

B.11 Weekly Services (One time per week) Quality Assurance and Surveillance Plan Required Services Performance Standards Monitoring Method Performance

Threshold B.9.1.1 Nos. 1,2,11, 12,13,15 Floor and carpet vacuum/sweeping, wet mop

Floor surfaces, including cracks, corners and crevices shall be free of dust, dirt, and other debris.

Vacuum and clean floor mats and area rugs so that mats are free of all visible lint, litter, soil, and other foreign matter.

Soil and moisture underneath mats shall be removed and mats returned to their normal location.

All tears, burns, and raveling shall be brought to the attention of the COR.

Non-carpeted floors shall be free of streaks, mop marks, detergent residue, skipped areas, or any evidence of soil, stains, film, debris, or standing water.

Walls and baseboards shall be free of splashing and marks from equipment.

The finished areas will have a uniform luster.

The contractor will have chairs, trash receptacles, and easily moveable items tilted or moved to sweep/vacuum underneath and return them to their original position when work is complete.

The contractor will not return any item to its original position while the floor is wet which will cause rust marks or any other stains on floor surfaces.

All services will be subject to visual checks by the COR.

All performance standards satisfactorily met and no more than five (5) customer complaints are received and substantiated by the COR per calendar month.

B.9.1.1 No. 3, 14 Doorways and entryways

All glass in doors, doorways and windows are clean and free of smudges, streaks, watermarks, spots, and are not cloudy.

Door handles and metal surfaces of doors are clean and free of dirt, grease and grime.

B.11 Weekly Services Quality Assurance and Surveillance Plan (Continued) Required Services

Performance Standards Monitoring Method Performance Threshold

B.9.1.1 No. 4 Water-fountains

The stainless steel surfaces are clean and bright, and free of dust, spots, stains, and streaks. Nozzles are clean and free of encrustation.

All services will be subject to visual checks by the COR.

All performance standards satisfactorily met and no more than five (5) customer complaints are received and substantiated by the COR per calendar month.

B.9.1.1 Dusting No. 9,13

All Furniture dusted. Cobwebs cleaned from walls, Corners, windows and ceiling.

B.9.1.1 No. 5,6,7 Solid Waste

All solid waste generated in the building is collected in trash bags, secured and removed to the outdoor dumpster.

Trashcan liners are replaced and not torn, worn, or contain residue or odors after emptying. Debris and trash deposited adjacent to trashcans and items marked as “trash” are removed.

B.9.1.1 No. 8,10 Reception area countertop

Countertops cleaned, polished, and free of dirt, grease, smudges, sticky spots, and streaks.

B.9.1.1 Telephones No. 12

Telephone receivers shall be clean, disinfected and free of dirt, grease and smudges.

B.9.1.2 No. 1 Restroom Supplies

Restroom supplies such as toilet paper, seat covers and liquid soap are kept fully stocked.

B.11 Weekly Services Quality Assurance and Surveillance Plan (Continued)

Services

Performance Standards Monitoring Method Performance Threshold

B.9.1.2 No.

2,3,4,5,6,10,11,14 Restroom Cleaning

All surfaces, including floors, partitions, walls, fixtures, doors, are cleaned and disinfected. All porcelain fixtures and metal surfaces are clean and bright.

There is no dust, spots, stains, rust, mold, scale, encrustation or excess moisture.

Glass surfaces are bright and clean without smudges, streaks or have a cloudy appearance. Corners, crevices and seams are clean and free of dirt or debris.

Restrooms have an overall pleasant odor.

All services will be subject to visual checks by the COR.

All performance standards satisfactorily met and no more than five (5) customer complaints are received and substantiated by the COR per calendar month.

B.9.1.2 No. 6 Restroom trash receptacles

Empty, clean, disinfect, and deodorize all waste paper receptacles. Trash bags replaced with new ones.

B.12 Semi-Annual Services Quality Assurance and Surveillance Plan

Services

Performance Standards Monitoring Method Performance Threshold

All services are subject to visual inspection by the

COR.

All performance standards are satisfactorily met and no more than two (2) customer complaints concerning the bi-annual services are received and substantiated by the COR per job.

B.9.3.1 No. 1 Tile floors.

Foreign substances including old finishes shall be stripped and removed from floor, corners, cracks and crevices. An appropriate level of floor coat finish shall be applied to insure lasting durability. Floor shall be clean, bright and present a like new appearance given normal wear and tear.

Corners, crevices and cracks shall be clean.

Floors shall be dry and non-slippery.

B.13 Inspection, Payment and Performance Period The Government will visually inspect the services for compliance prior to acceptance and issuing any payments.

Inspections will consist of direct observations, touching, and smelling.

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

B.13.1 Performance Standards Performance threshold standards are described in the Quality Assurance Plans for daily, weekly, monthly, and annual work.

Customer complaints will be substantiated by the COR for validity. Should the COR determine that the complaint is valid, the COR will inform the Contractor orally and in writing and give the Contractor additional time to correct the defect, if additional time is available. The COR will determine how much time is available.

Should the Contractor disagree with the complaint after investigation of the site, the Contractor shall notify the COR. The COR will review the matter to re-examine the validity of the complaint.

Should the threshold of customer complaints or COR acceptance be exceeded and the Contractor is not able to correct the work before the next scheduled cleaning, a deduction of up to twenty-five percent may be taken off the appropriate pay item.

B.13.2 Payment and Invoicing

Upon acceptance, the Government will pay on a monthly and per job basis as stated in the schedule of items.

For example: Daily services are bid on and invoiced/paid on a monthly basis while Quarterly services are invoiced/paid on a per job basis.

Both progress payments and final payments are paid thirty days after the designated billing office receives a Proper Invoice. A Proper Invoice has the required information as per FAR 32.905(b) and contains:

• Name and address of the Contractor.

• Name and address of billing office.

• Invoice date and Invoice Number (The Contractor should date invoices as close as possible to the date of mailing or transmitting).

• Contract number or Task Order Number.

• Description, quantity, unit of measure, unit price and extended price of services or supplies delivered. (The Contract Line Item Number found in the Schedule of Items.)

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

• Name, title, phone number and mailing address of person to notify in the event of a defective invoice.

• Taxpayer Identification Number (TIN).

It is the responsibility of the Contractor to submit proper invoices. The Government will return defective invoices to the Contractor for correction and that could mean a delay in the payment process.

Send or fax invoices to the COR.

SECTION C CONTRACT TERMS AND CONDITIONS

C.1 FAR 52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders—Commercial Items (Apr 2009)

(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) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(2) 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:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).[

__ (4) Reserved]

X_ (5)(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 (Mar 2004) of 52.219-6.

__ (6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (8)(i) 52.219-9, Small Business Subcontracting Plan (Sept 2006) (15 U.S.C. 637(d)(4).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sept 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Oct 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

__ (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

X_ (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X_ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2006) (E.O. 13126).

X_ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X_ (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X_ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

X_ (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

X_ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

__ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

__ (24)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000) (42 U.S.C. 6962(c)(3)(A)(ii)).

__ (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

X_ (25) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d).

(26)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 2006) (41 U.S.C. 10a- 10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (27) 52.225-5, Trade Agreements (Nov 2006) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X_ (28) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (29) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (42 U.S.C. 5150).

__ (30) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150).

__ (31) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (32) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

X_ (33) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (34) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (35) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (36) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (37)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X_ (1) 52.222-41, Service Contract Act of 1965, as Amended (July 2005) (41 U.S.C. 351, et seq.).

X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C.

351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Feb 2002) (29 U.S.C.

206 and 41 U.S.C. 351, et seq.).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract.

If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O.

13201).

(vi) 52.222-41, Service Contract Act of 1965, as Amended (July 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.).

(vii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

C.2 52.204-7 Central Contractor Registration (OCT 2003)

(a) Definitions. As used in this clause- "Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government.

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

"Registered in the CCR database" means that-

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields and has marked the record "Active".

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number-

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible 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 the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1) (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 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 of the FAR; 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 (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(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.

(2) 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 FAR 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.

(h) 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.

C.3 52.217-5 Evaluation of Options

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

C.4 52.217-9 Option to Extend the Term of the Contract. (March 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed beyond June 30, 2012.

C.5 52.212-4 Contract Terms and Conditions—Commercial Items. (MAR 2009)

(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. The Government must exercise its post-acceptance rights—

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

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

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

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

(d) Disputes. This contract is subject to 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 immediately notify the Contracting Officer and request instructions for disposition of the overpayment.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 327, 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 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…