DJM-13-A32-R-0004.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

MIQ M-13-A32-R-000097

OMB Clearance Control Number:

1103-0018

5. SOLICITATION NUMBER

DJM-13-A32-R-0004

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

07/09/2013

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Charito Glorioso

b. TELEPHONE NUMBER (No collect calls)

202-353-8321

8. OFFER DUE DATE / LOCAL

TIME

08/01/2013 12:00:00

CODE MMJSD-13

UNITED STATES MARSHALS SERVICE

JUDICIAL Services CS-3, Floors 2 & 4 2604 Jefferson Davis Hwy Alexandria, VA 22301

9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 811310

SIZE STANDARD: D05

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

MMJSD-13CODE15. DELIVER TO

UNITED STATES MARSHALS SERVICE

JUDICIAL Services CS-3, Floors 2 & 4 2604 Jefferson Davis Hwy Alexandria, VA 22301

CODE MMJSD-1316. ADMINISTERED BY

UNITED STATES MARSHALS SERVICE

JUDICIAL Services CS-3, Floors 2 & 4 2604 Jefferson Davis Hwy Alexandria, VA 22301

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

MMJSD-13CODE18a. PAYMENT WILL BE MADE BY

UNITED STATES MARSHALS SERVICE

JUDICIAL Services - Steve Pickering CS-3, Floors 2 & 4 2604 Jefferson Davis Hwy Alexandria, VA 22301

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

SEE ADDENDUM

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

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The Contractor shall provide all management, supervision, parts, supplies, equipment, tools, materials, other items and services necessary to perform all vehicle barrier maintenance and repair services in accordance with the requirements specified herein.

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 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 ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. __________ 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 THE CONTRACTING OFFICER (TYPE OR PRINT)

Charito Glorioso

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

DJM-13-A32-R-0004 Page 1 of 61

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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)

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

DJM-13-A32-R-0004 Page 2 of 61

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.0 DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

3 Contract Clauses

3.0 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL TIEMS (FEB

2012)

3.1 ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL

ITEMS (FEB 2012)

3.2 MARKING

3.3 INSPECTION AND ACCEPTANCE OF CONTRACTOR'S SERVICES AND REPORTS AND

OTHER REQUIRED DATA

3.4 PERIOD OF PERFORMANCE

3.5 PLACE OF PERFORMANCE

3.6 DELIVERABLES

3.7 EMERGENCIES

3.8 NOTICE TO THE GOVERNMENT OF DELAYS

3.9 DELIVERY SCHEDULE

3.10 ROLES AND RESPONSIBILITIES OF GOVERNMENT PERSONNEL

3.11 JAR 2852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR)(JAN 1985)

3.12 CONTRACT ADMINISTRATION

3.13 TASK ORDERS

3.14 INVOICE/PAYMENT REQUIREMENTS

3.15 CONTRACT/ORDER CLOSEOUT - FIXED-PRICE, TIME-AND-MATERIALS, OR LABOR

HOURS

3.16 RELEASE OF CLAIMS

3.17 USMS-0001 RELEASE OF RESIDUAL FUNDS ($100 OR LESS)

3.18 USMS-0002 RELEASE OF RESIDUAL FUNDS (GREATER THAN $100)

3.19 TRAVEL COSTS

3.20 MINIMUM AND MAXIMUM QUANTITIES

3.21 TERM OF CONTRACT

3.22 INSURANCE COVERAGE

3.23 ORDERING CLAUSE - ISSUANCE OF TASK ORDERS

3.24 OTHER CONTRACT RESTRICTIONS

3.25 PUBLICITY

3.26 NOTIFICATION OF ADVERSE AND POTENTIAL ADVERSE CLAIMS AGAINST

COMPANY

3.27 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

3.28 FAR 52.216-18 ORDERING (OCT 1995)

3.29 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

3.30 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

3.31 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

3.32 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

3.33 FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY

1989)

3.34 FAR 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997). 33

3.35 FAR 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION (APR 1984)

3.36 FAR 52.247-5 FAMILIARIZATION WITH CONDITIONS (APR 1984)

3.37 FAR 52.247-21 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY

DAMAGE (APR 1984)

3.38 END FAR 52.212-4 ADDENDUM

3.39 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (JAN 2013)

4 List of Attachments 5 Solicitation Provisions

5.0 FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (FEB 2012)

5.1 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS

(FEB 2012)

5.2 PROPOSAL PREPARATION INSTRUCTIONS

5.3 FREEDOM OF INFORMATION ACT

5.4 FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006)

DJM-13-A32-R-0004 Page 3 of 61

5.5 JAR 2852.233-70 PROTEST FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE (JAN

1998)

5.6 END FAR 52.212-1 ADDENDUM

5.7 FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (JAN 1999)

5.8 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR

2010)(DEVIATION)

5.9 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

5.10 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL

ITEMS (DEC 2012)

5.11 FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

DJM-13-A32-R-0004 Page 4 of 61

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 SEE PRICING INFORMATION

ATTACHMENT'S 18, 19, AND 20

0.000000 EA $____________ $___________________

2.0 DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

STATEMENT OF WORK FOR PREVENTIVE MAINTENANCE AND REPAIR SERVICES FOR CRASH RATED AND NON- CRASH RATED BARRIERS AND GATES AT US COURTHOUSES CONUS and OCONUS

TABLE OF CONTENTS

BACKGROUND

OVERVIEW OF SERVICES

SECTION 1 INITIAL INSPECTION AND EVALUATION (IIE)

SECTION 2 PREVENTIVE MAINTENANCE (PM)

SECTION 3 REPAIR SERVICES

SECTION 4 TRAINING OF GOVERNMENT STAFF

SECTION 5 REPORTS AND RECORDS

SECTION 6 CONTRACTOR’S QUALIFICATIONS AND PERSONNEL

SECTION 7 CONTRACTOR’S RESPONSIBILITIES

SECTION 8 BUSINESS HOURS

SECTION 9 TASK ORDERS

SECTION 10 PERFORMANCE INDICATORS

SECTION 11 QUALITY ASSURANCE PLAN

SECTION 12 SECURITY REQUIREMENTS

DJM-13-A32-R-0004 Page 5 of 61

SECTION 13 DELIVERABLES

SECTION 14 APPENDICES

Background

The objective of the United States Marshals Service (USMS) is to have a single Contractor with a nationwide footprint to perform a one-time Site Inspection and Evaluation, perform scheduled Preventive Maintenance throughout the term of the contract, and make re-pairs when authorized for vehicle barriers. The USMS has approximately 119 crash rated and non-crash rated vehicle barriers and gates (swing and sliders) throughout the United States and the US territories of Guam, Puerto Rico and the Virgin Islands.

Overview of Services

The Contractor shall provide the required services as identified in the Statement of Work (SOW) for USMS/Government designated facilities (refer to Attachments 7 and 8 for locations and barrier inventory). The Contractor must have the capability to provide a de-tailed narrative that explains its national footprint, resources and capability to meet the required response times. Description shall in-clude a work flow diagram documenting the process to be utilized as part of the Contractor’s Preventive Maintenance and Repair Ser-vices. A nationwide footprint is necessary to provide a consistent level of services nationwide while minimizing travel and providing for timely response for services. At any time and throughout the performance of the contract, barriers and locations maybe added or deleted as necessary.

The Contractor shall:

Provide all personnel, management, supervision, parts, supplies, equipment, tools, materials, vehicles, other items and services neces-sary to perform all deliverables identified within this Statement of Work (SOW).

Be qualified by experience and training to perform high-pressure hydraulic systems, electrical and electronic trouble-shooting and sys-tem certification.

Provide a one-time Site Inspection/Evaluation of each barrier and gate.

Provide scheduled Preventive Maintenance and Repairs for each barrier and gate identified by the USMS; and as recommended by the barrier and gate manufacture specifications for the following:

Manufacturers - B&B ARMR

Delta Scientific

Nasatka Security

Secure USA

Smith & Wesson Security Solutions Equipment

Ameristar-Impasse

Miscellaneous

Barrier Types - Crash rated and non-crash rated barriers and gates

Wedge

POP – UP Bollards

Cable Arm

Traffic Control Arms

Slide Gates

Swing Gates

Section 1 Initial Inspection and Evaluation (IIE)

DJM-13-A32-R-0004 Page 6 of 61

1.1 The Contractor shall visit each site within the first 45 calendar days of contract award date to collect data; inspect and evaluate each barrier and/or gate, and document the findings on the VBM Form-1. The evaluation shall include checking every function of the barrier or gate to include sequencing, safety features and overall general condition of the barrier or gate. Digital photos of the barrier or gate shall be attached to the VBM Form-1. The VBM Form-1 and the estimate are due back to the USMS Contracting Officer Rep-resentative (COR) within ten (10) calendar days upon completion of the site visit.

1.1.1 The Contractor shall contact the USMS Judicial Security Inspector (JSI) and the General Services Administration (GSA) Building Manager using the provided contact list to make the appointment for the IIE. Once dates are confirmed, the Contractor shall send a notice by email for confirmation identifying the site, dates, time, service technician names and phone numbers to the JSI, GSA Building Manager and the COR. No change shall be made to the appointment date and time once established without the approval of the COR. Scheduling shall be IAW Section 8.0 of the SOW.

1.2 The Contractor shall provide a Program Manager with an email address and phone number who shall be the primary contact with the USMS for scheduling and resolving issues that may arise during the IIE. Written notification of any change in the Program Manager shall be provided to the CO and the COR within five (5) calendar days.

1.3 IIE Acceptance Receipt - Upon completion of a site IIE, the Contractor shall review the results with the JSI or on-site Govern-ment representative. The JSI or Government representative will then sign the acceptance receipt section on the VBM Form-1.

1.4 The Contractor shall report any required repairs with a written estimate valid for ninety (90) calendar days on the VBM Form-

2. The estimate shall contain a detailed breakdown to include materials, labor hours, and travel costs (if applicable).

1.5 Other - The Contractor shall not make any repairs during the IIE.

Section 2 Preventive Maintenance (PM)

The Contractor shall be responsible for performing Preventive Maintenance services required to maintain all equipment identified in this SOW in the fully operational condition as prescribed by the original equipment manufacturer’s recommended guidelines or as dir-ected by the Government. The Contractor shall submit a PM plan for each individual barrier. After the COR approves the PM plan, these plans will remain the approved plan for the contract period unless otherwise agreed by the Government.

Bench Stock Supplies shall be included in the Firm-Fixed Price PM CLIN along with all other costs associated with performing PM services, e.g., labor, travel, and other materials.

2.1 PM Performance - The Contractor shall submit a PM Checklist to be approved after award. The USMS’ expectations for PM are identified in Attachment 13 (See Sample Vehicle Barrier Preventive Maintenance Checklist) and may not specify all requirements for every barrier/gate. When there are multiple, identical barriers or gates at any one location, each barrier and gate each shall have a separate approved PM plan.

The Contractor shall notify the COR within ten (10) calendar days of all deficiencies identified during the performance of preventive maintenance using the VBM Form-2.

2.2 Preventive Maintenance (PM) Performance scheduling will be conducted as follows:

a. Crash Rated Barriers/Gates-Quarterly - four (4) times annually (separated by at least 60 days)

b. Non-Crash Rated Barriers/Gates-Semiannual - two (2) times annually (separated by at least 120 days)

2.3 PM Service Coordination - Once the Contractor has received approval for all PM plans for a specific site, the Contractor shall schedule the PM site visit. The Contractor shall notify the JSI and the GSA Building Manager using the provided contact list within fourteen (14) calendar days of receiving the approved PM plan(s) to schedule a PM site visit. The Contractor may establish PM dates for the next twelve (12) calendar months for that specific site. For each subsequent PM visit the Contractor shall notify via email the COR/JSI/GSA Building Manager a reminder of the site visit fourteen (14) days prior to the scheduled date. Once dates are confirmed, the Contractor shall send a notice by email for confirmation identifying the site, dates, time, service technician names and phone num-bers to the JSI, GSA Building Manager and the COR. Once a scheduled PM has been established any changes to scheduling must be

DJM-13-A32-R-0004 Page 7 of 61 approved by the COR at least 72 hours prior to the scheduled date and time. The Contractor shall maintain this schedule on an Excel spreadsheet, updated on the first day of each month and emailed to the CO and COR.

2.4 Bench Stock Supplies for PM Performance - The Contractor shall provide bench stock items necessary to perform preventive maintenance. Bench Stock Supplies are considered to be a stock of low-cost, repetitively used, consumption type supplies that the Contractor shall have available with them to use when performing PM services. This stock should include all items necessary to en-sure continuous and uninterrupted maintenance services can be completed in an efficient and effective manner.

Bench Stock Supplies for barrier and gate PM may include, but are not limited to, hydraulic fluids, rags, miscellaneous nuts, bolts, screws, filters, and O-rings.

2.5 PM Services Acceptance Receipt - Upon completion of any PM Site Visit, the Contractor shall conduct a functionality test with the JSI or Government Representative. Upon completion of the functionality test, the JSI or Government Representative will sign the acceptance receipt confirmation block on VBM Form-3 certifying the barrier or gate has received the services, parts and ma-terials identified and that the barrier(s) and gate(s) are operational and services provided are in accordance with the SOW.

If the JSI or Government Representative declines to accept the Contractor’s services, the Field Service Representative shall notify the CO and COR with an explanation of the contested problem within five (5) calendar days to be resolved by the Contractor (see FAR clause 52.212-4(a)).

2.6 Excluded Services - The Vehicle Barrier Preventive Maintenance Program includes all items, components, systems and sub-systems of the barrier or gate system under this contract with the following exclusions:

a. Signage

b. Card Reader

c. Pedestals

d. Painted Blacktop or Concrete

Section 3 Repair Services

Repairs shall only be performed once a Task Order is issued by the CO to perform the work at the specific site location.

3.1 Procedures for Repairs- The COR is the authorized person to contact the Contractor to initiate the repair process. The COR will complete the first section of the VBM Form-2 (Request for Repair), scan and email the VBM-2 to the Contractor. Upon receipt, the Contractor shall respond to the site within four (4) calendar days to conduct an assessment of the problem. Once the assessment is completed the Contractor shall prepare a written estimate using the VBM Form-2 and forward to the COR within three (3) calendar days. This estimate shall be valid for 60 days. The COR will review the estimate and submit the repair request to the CO for issuance of a Task Order. Upon receipt of the Task Order, the Contractor shall contact the JSI or Government Representative and the GSA Building Manager for scheduling of the repair service. Once dates are confirmed, the Contractor shall send a notice by email for con-firmation identifying the site, dates, time, service technician names and phone numbers to the JSI, GSA Building Manager and the

COR.

3.1.1 Task Order Period of Performance- Each Task Order will specify a period of performance. In the event the Contractor is un-able to complete work within the Task Oorder period of performance a written request and justification shall be provided to the COR.

3.1.2 Repairs Under the Micro-Purchase Threshold- The Government will issue a drawdown Task Order to order repairs which fall below the Micro-Purchase Threshold of $2,500. After the COR has reviewed VBM Form-2 submitted by the Contractor, the COR will give the Contractor an authorization number associated with the drawdown Task Order. The Contractor shall identify the author-ization number on the invoice. The Contractor may utilize this repair request process to quickly effect repairs identified during PM visits.

DJM-13-A32-R-0004 Page 8 of 61

3.2 Repair Acceptance: After the completion of any repairs, the Contractor shall have the JSI or Government Representative com-plete the VBM Form-3. The Contractor shall return this form by email to the COR within five (5) calendar days of the acceptance date.

3.3 Parts/Materials - All parts and materials used in the performance of this contract shall be genuine replacement parts, as recom-mended by the manufacturer; in compliance with OEM industry standards; or as specified in the Task Order. All components shall be Underwriters Laboratories (UL) approved. Only new parts shall be used in completed repairs. Parts that are unavailable and require re-placement shall be rebuilt/retooled/refurbished to “as new” condition. Should the Contractor be unable to obtain new OEM parts, equivalent parts or lubricants may be used due to obsolescence or unavailability. The Contractor shall notify the COR in writing when this occurs. The Contractor shall provide a copy of the original supplier’s invoice, tickets, sales slips or other documents identifying items purchased under the reimbursable line item.

3.4 Warranties on Repairs – The Contractor shall warrant all repairs, to include parts and labor, under its standard commercial warranty or manufacturer’s warranty, whichever is longer. Warranty shall be stated on the repair estimate and shall be effective on the acceptance date.

Section 4 Training of Government Staff

The Contractor shall provide a maximum of four (4) hours of training, to the JSI and Government Representatives for normal and emergency operations, to include manual raising/lowering of the barriers or gates when power is lost. A maximum of eight (8) person-nel shall be trained for each site. Training shall be completed at each site at least once within twenty four (24) calendar months after the award of the contract, and shall be conducted during the preventive maintenance visits.

This training shall have a lesson plan, which shall include, at a minimum, manual gate and barrier operations, all safety features, and daily safety inspections. The Contractor shall maintain records of the training conducted to include a roster of attendees.

Section 5 Reports and Records

All data/information, system analysis, reports and all other deliverables pertaining to this contract and services performed under this contract, shall be provided to the USMS upon Task Order completion, or at the conclusion of this contract as prescribed in the SOW.

The USMS shall have the full right to review any records and shall have access to and the right to make copies of the above mentioned items and distribute them as necessary.

The information obtained is subject to the FAR 52.227-14. Release or use of any part of such information is strictly prohibited without the expressed authorization of the CO.

5.1 The Contractor shall provide a monthly report and record of services to the COR of preventative maintenance performed quarterly and semi-annually; and of repair services performed on all barriers and gate equipment within five (5) days after EOM. This report shall be an excel spread sheet format or an agreeable alternative and include future PM schedules, training information, and oth-er helpful information as specified under this Section 5 of the SOW. The Contractor shall include a column on the Excel spread sheet that controls the PM scheduling that annotates training date pending, scheduled and completed.

5.2 Service Site Visit Summary - The Contractor shall prepare and maintain an annual report in an excel format, to be approved by Government. The report shall document the below information for all sites visited and is due forty five (45) calendar days after the end of the fiscal year ending September 30th.

a. Site with full address.

b. Type of barrier or gate (plus manufacturer, age of barrier or gate, date installed, and one photo of each barrier or gate).

c. The date’s preventive maintenance was performed IAW with Section 2 of the SOW.

d. Parts replaced and repairs made during the annual period to include all associated costs not related to the preventive maintenance.

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5.3 Analysis and Summary Report - The Contractor on an annual basis, thirty (30) calendar days prior to the contract year end shall perform an analysis and provide a summary report to the COR identifying crash rated and non-crash rated barriers and gates that performed the best based on cost analysis, usage, weather and any other conditions that are relevant during this period. Regular mon-itoring and collection of data will allow the USMS to make comparisons based on measured parameters of historical data; and ensure qualified judgments about the need for corrective action and future replacements. This approach will ensure that the right mainten-ance activities are performed at the right time.

5.4 Periodic Progress Meetings - The CO, COR, other government personnel as appropriate and the Contractor shall periodically meet at a location mutually agreed upon to discuss the Contractor's performance. The following issues shall be discussed, but not lim-ited to: e.g. opportunities to improve the contract, any modifications required of the contract, unsatisfactory inspections and valid cus-tomer complaints against each performance objective observed and steps taken by the Contractor to prevent occurrences in the future.

5.5 Monthly Summary Report - Unsatisfactory Inspections and Customer Complaints. The Contractor shall provide a Quarterly Summary Report of all unsatisfactory inspections and customer complaints within five (5) calendar days after the end of the calendar quarter. Reports shall identify any trends or reoccurring patterns of complaints or unacceptable inspections.

Section 6 Contractor’s Qualifications and Personnel

The Contractor shall have a least five (5) years’ experience in the business of inspections, assessment of conditions, preventive main-tenance and repairs to include: troubleshooting, programming, diagnosing, repairing, adjusting and maintaining the types of barriers and gates identified in the SOW.

6.1 Program Manager - The Contractor shall provide the resume(s) as part of their proposal. The Project Manager shall have a minimum of three (3) years’ experience in successfully managing contracts of similar size and scope described in the SOW. The Project Manager shall have full authorization to act for the Contractor and serve at all time to carry out all the provisions of the con-tract. The Contractor shall notify the CO any change to the identified Project Manager during the performance of the contract. The Contractor shall not make a diversion or substitution of these personnel without the written consent of the CO. The Project Manager shall meet as promptly as possible with the COR at his/her request to discuss performance of work or other provisions of the contract.

6.2 Lead Field Service Representative(s) or Equivalent – See SCA labor category 30084 Engineering Technician IV.

The Lead Field Service Representative shall have a minimum of three (3) years’ experience in conducting and supervising the servi-cing and repairing of vehicle barriers or gates as identified in the SOW. The Lead Field Service Representative shall be available for calls during the normal business hours described in Section 8.0 of the SOW.

6.3 Field Service Representative(s) or Equivalent – See SCA labor category 30082 Engineering Technician II

The Field Service Representative shall have a minimum of three (3) years’ experience in servicing and repairing vehicle barriers or gates as identified in the SOW.

6.4 General Support Worker or Equivalent - See SCA labor category 30082 Ground Support Equipment Worker

The General Support Worker makes minors repairs to barriers/gates following orders of a higher-grade worker, troubleshooting mal-functions of barriers/gates using conventional tools and other testing equipment. The worker performs scheduled and unscheduled maintenance on barriers/gates, services equipment with fuel, oil, water, coolant, hydraulic fluid, refrigerant and compressed air, disas-sembles and assembles malfunctioning barrier/gates accessories and components.

6.5 Contractor Personnel Job Site Appearance and Conduct Standards

a. Contractor’s personnel shall present a neat appearance and be easily recognized as Contractor employees; and prominently display a Contractor-issued identification badge. All personnel shall portray a professional image at all times. Clothing and shoes shall be worn in accordance with OSHA Standards. The Contractor shall ensure their personnel use proper protection/safety devices and equip-ment when performing work. Contractor employees shall not remove any part of their clothing, such as shirts, shoes, etc., while in per-formance of the contract.

DJM-13-A32-R-0004 Page 10 of 61

b. Contractor’s personnel shall conduct themselves in a professional, orderly and safe manner at all times.

c. Contractor’s personnel are not permitted to smoke except within designated areas.

6.6 Training - The Contractor shall provide a workforce possessing the requisite skills, knowledge, certification and training to sat-isfactorily perform the services required by this contract. The Contractor shall ensure that all personnel are properly trained and that their competency is regularly assessed. The Contractor shall have an on-going training program leading to manufacturers’ certificates of training for its employees. Any new requirements for mandatory education and/or competency reassessment, which occur during contract performance, must be completed by the individual Contractor employee(s) within established timeframes at no cost to the Government. At a minimum, the technicians maintaining and servicing the barriers and gates shall have be trained on the equipment for the following manufacturers: Delta, Nasatka and BB Armor. The Contractor shall provide copies of their employees training cer-tificates as identified in this section as requested by the Government.

6.7 Use of Sub-contractors - It is the responsibility of the prime Contractor to ensure all sub-contractors, affiliates, joint ventures, team members, and other respective partners comply with the requirements herein and perform services in accordance with SOW and industry standards. The Contractor shall identify and provide the names, addresses and contact information for all subcontractors, af-filiates, joint venture, team members, and other respective partners to the COat the time of proposal submission.

The Contractor shall report any changes to the CO within three (3) calendar days of the change.

a. The Government reserves the right to request the Contractor to remove a subcontractor, affiliates, joint ventures, team members, and others in the event the Government is not satisfied with the performance or service of said subcontractor.

b. The Contractor’s qualifications identified in Section 6 of the SOW shall apply to all subcontractors, affiliates, joint ventures, team members and other respective partners performing services under the contract.

Section 7 Contractor’s Responsibilities

The Contractor shall be required to commence work under this contract within five (5) calendar days after notification of award unless otherwise stipulated by the Government. The successful Contractor shall serve as the primary awardee and single point of contact un-der this contract. All work shall be in accordance with the terms and conditions of this contract, specific instructions attached to indi-vidual task orders, and adherence to rules and regulations as stated below.

7.1 Services - The services specified herein may be changed by written modification to this contract. The CO will prepare the modification (reference FAR clause 52.212-4(c), Changes) and, prior to becoming effective, shall be signed by both parties. Only the CO is authorized to make commitments or issue changes that affect price, quantity, or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the CO, the change shall be considered unau-thorized and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

This is a non-personal services contract as defined in FAR 37.101. There is no employer-employee relationship between the Govern-ment and the Contractor or the Contractor’s employee(s). Contractor personnel are not subject to the supervision and control of a Gov-ernment officer or employee. Rather, Contractor personnel perform their duties in accordance with the SOW. Supervisory functions such as hiring, firing, directing, and counseling of Contractor personnel are not performed by the Government. Contractor personnel who furnish services under this contract are subject to Government technical oversight of the services. The Government retains the right to reject services for contractual non-performance.

The Contractor shall, in writing, immediately inform the CO and COR of any failures to comply with the terms and conditions of the contract.

The Service Contract Act (of 1965) applies to this contract and are included in Attachment 19.

7.2 Contractor Toll-Free Phone Number - The Contractor shall provide a toll-free phone number to the Government to permit calls for services concerning this contract during normal business hours, as defined in Section 8.2, which connects to a person capable of and responsible for coordinating or channeling all Government requests for information or service affecting the Contract, Task Orders, change orders, and scheduling.

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7.3 Licenses - The Contractor shall comply with all Federal, State or local laws, codes, and regulations; as well as with all applicable revisions, additions, changes to any Federal, State or local laws, codes, and regulations which affect the performance of the work throughout the life of the contract. The Contractor shall, without additional expense to the Government, be responsible for obtaining necessary licenses and permits.

7.3.1 The Contractor shall provide copies of the respective business licenses for each individual state for which services are to be performed. All licenses must be current. See Instructions to Offerors FAR 52.212-1.

7.3.2 The Contractor shall provide copies of the respective business licenses for each of its subcontractors, affiliates, joint venture, team members, and other respective partners for each individual state(s) for which services will be performed. In the event a state re-quires both the prime Contractor and the subcontractor, affiliates, joint venture, team member or other respective partner to have a business license in order to operate within a particular state, a copy of the business license must be submitted each. All licenses must be current.

7.3.3 The Contractor shall provide copies of their mutual agreements with its subcontractors, affiliates, joint venture, team members, and other respective partners as evidence of a partnership agreement to provide services at the time of proposal submission. All mutu-al agreements shall be complete, accurate, current, dated and signed. As applicable, subcontractors, affiliates, joint venture, team members, and other respective partners shall comply with the provisions as prescribed in the SOW. .

7.4 Safety - The Contractor shall utilize safety devices such as barricades, traffic cones, signage or other devices to warn approach-ing/exiting vehicles that maintenance is being performed, alerting motorists and pedestrians of any dangers or required directions to prevent an accident or incident. The Contractor and their employees shall comply with all applicable OSHA and Federal regulations, rules and practices while on the job site. The Contractor shall promptly notify the COR if an official in charge of compliance with the occupational safety and health regulations visits the job site.

The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor or its employ-ees’ negligence and shall take proper safety and health precautions to protect the work, the workers, the public and the property of oth-ers. In addition, the Contractor shall be responsible for all materials delivered and work performed until completion and acceptance of the entire work.

7.5 Hazardous and Waste Materials - The Contractor shall have a formal internal policy and process for meeting all Government environmental rules, regulations, and requirements for handling hazardous material. At a minimum, the Contractor shall provide at the request of the Government:

a. A copy of corporate policies involving hazardous waste requirements.

b. A copy of corporate “Standard Operating Procedures” to be employed when hazardous materials are encountered at a job site.

7.5.1 Asbestos and Lead Paint - Although most equipment is outside, some sites may have equipment within a building that could contain asbestos or lead paint. The Contractor shall consult the GSA Building Manager to confirm the presence of these materials.

Prior to under taking any activities that could disturb these materials the Contractor shall obtain prior written approval of the GSA Building Manager.

7.5.2 Hazardous/Carcinogenic Materials - The Contractor shall have a formal internal policy and process for meeting all Govern-ment environmental rules, regulations and requirements for handling hazardous material. The Contractor shall not bring, produce, use, or store on the job site any hazardous or carcinogenic products without prior written approval by the COR. All hazardous and /or car-cinogenic waste transported or generated on a Government Site by the Contractor must be properly disposed of off-site as required by law and at no cost to the Government.

The Contractor shall provide the COR with complete, legible copies of all regulatory notices, violations, citations, etc. received by the Contractor that pertain directly or indirectly to the fulfillment of this SOW.

7.5.3 VOC Requirements - The Contractor shall use on the job site only chemicals and cleaning products that comply with, and do not exceed the national Volatile Organic Chemical (VOC) limitations rule(s) published by the U. S. Environmental Protection Agency

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(EPA).

7.5.4 Hazardous Waste - The Contractor shall initiate Hazardous Waste Management (HWM) training and enforcement programs to ensure employees are aware that the domestic drains, and storm drains shall not be used to dispose of gasoline, paint, thinners, hy-draulic fluid, solvents, concentrated cleaning agents and other toxic material. The Contractor is responsible for collecting, accumulat-ing, recycling, and offsite disposal of its hazardous and toxic waste off Government property in compliance with Federal, State and local laws governing hazardous waste storage and disposal.

The Contractor shall provide the CO and the COR with documentation of hazardous materials or wastes that are accumulated, handled, generated, or disposed of by the Contractor. The documentation shall demonstrate the adequacy of the handling and disposal operations used by the Contractor and will demonstrate that the Contractor activities will not result in contamination of the Govern-ment property. The Government has the right to request from the Contractor any related documents in the event a need is created by inspection or compliance with the environmental regulations.

If the Contractor generates hazardous waste in an amount that makes it subject to state or EPA hazardous waste requirements, the Contractor shall apply for a Hazardous Waste Generator Identification Number. The Contractor shall remove and ship all hazardous waste from Government property using the Contractor’s Hazardous Waste Generator Identification Number documented on a com-plete and properly signed Uniform Hazardous Waste Manifest.

The Contractor shall be responsible for developing a Resource and Conservation Act Contingent (CAR) Plan if the amount of hazard-ous waste generated places it into a category that requires a plan.

The Contractor shall be responsible for notification and reporting as required under SARA, Title III regulations.

The Contractor shall upon notification of award implement a written hazardous waste spill contingent plan listing materials used, spill prevention procedures, containment equipment and procedures to be used in the event of spill, personnel protective equipment require-ments, notification procedures to be used, in accordance with the Resource Conservation and Recovery Act (RCRA).

7.6 Service Vehicles - The Contractor’s service vehicles shall be properly parked in accordance with the Government parking plan provided by the JSI or GSA Building Manager. Parking can sometimes be limited on a case by case basis, and may cause the Con-tractor to relocate vehicles while unloading/loading equipment and materials. All parking shall be in compliance with orders/in-structions of the JSI or GSA Building Manager.

Section 8 Business Hours

Normal business hours for this contract are Monday through Friday, 8:00 am to 5:00 pm local time for each time zone. Extended hours and shifts may be approved in advance by the COR if required by the Contractor to meet the schedule of the Task Order.

8.1 Work during Non-Business hours – The Government may require the Contractor to work outside normal business hours. Work operations outside these hours shall require prior approval of the COR. The Contractor shall adjust work hours during all scheduled visits to accommodate security requirements, courts schedules and GSA issues to satisfy this contract. Rates for work performed out-side of the hours of operation shall be in accordance with the pre-designated rates of the contract.

8.2 Inclement weather conditions may force a temporary shutdown at any of the designated locations. The Contractor shall con-tact the JSI or Government Representative to obtain operation status and report to job site accordingly.

8.3 When Federal holidays fall on a Saturday, the preceding Friday will be considered the day of closure. When holidays fall on a Sunday, the succeeding Monday is considered the day of closure. Site visits, preventive maintenance visits or work repair shall be scheduled appropriately. The Government recognized Federal holidays are: New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

Section 9 Task Orders

Task Orders will be issued to the Contractor by the CO and will constitute the specific work to be performed by the Contractor within the SOW. It shall be accomplished in accordance with the provisions of the SOW. Individual firm fixed price (FFP) Task Orders will

DJM-13-A32-R-0004 Page 13 of 61 be issued for IIE and PM. Time-and-Materials (T&M) Task Orders will be issued for each repair.

Section 10 Performance Indicators

The COR will be responsible for monitoring and verifying contract compliance through one or a combination of the following per-formance measures:

Performance Indicators Performance Indicator Guidelines

Timely submissions of properly executed VBM Form-3. No more than three (3) deficiencies per quarter.

Maintain equipment in acceptable working condition. No more than three (3) customer complaints per month.

Repetitive failures of the same barrier or gate. No more than one deficiency per quarter.

Complies with standards of service in accordance with all estab-lished, policies (safety), procedures, and guidelines in the SOW.

No more than one deficiency per month.

PM site visit schedule kept up to date and . No more than one deficiency per month.

Inspections properly scheduled with all parties and documented. No more than one deficiency per month.

Equipment Repairs and Service Calls are properly classified and documented.

No more than one deficiency per month.

The Contractor is responsible for resolving and taking appropriate corrective action related to performance issues and customer com-plaints IAW FAR clause FAR clause 52.212-4(a).

Section 11 Quality Assurance Plan (QAP)

The Contractor shall develop and include with proposal submission a QAP. The Contractor shall maintain a QAP to ensure mainten-ance and repairs are performed in accordance with commonly accepted commercial practices, and the manufacturer’s specifications, and the applicable State/local laws and all other federal and state environmental regulations as they apply. The Contractor shall identi-fy and address all critical SOW requirements and relevant terms and conditions identified and detail potential or anticipated challenges and how the proposed approach of their QAP will effectively identify and prevent recurrence of defective services. The QAP shall in-clude a descriptive work flow diagram documenting the process for PM services. At a minimum, the diagram shall define the appro-priate steps and response times. The Contractor’s QAP shall include the use of performance indicators/measures.

A copy of the Contractor’s QAP is to be provided to the COR/CO for approval within 30 calendar days after contract award.

The Government will evaluate the Contractor's performance to ensure services are received in accordance with requirements set forth in this contract. The COR will periodically check performance, by visually inspecting task procedures, physically verifying an attrib-ute of the completed task, checking reports, investigating customer complaints, conferring with facility managers, or otherwise as-sessing the task or its results to determine whether or not the performance meets the standards contained in this SOW.

When a performance is unsatisfactory, the Contractor will be notified by the CO/COR at which time the Contractor shall provide a written explanation to the CO/COR. In the event of delays the Contractor shall submit a written requests to the COR subject to ap-proval.

Section 12 Security Requirements

All personnel that perform work under this contract or have information pertaining to this contract including those staffing personnel who have access to the information for this contract shall have a NACI Security Clearance. See Attachment 4 Security Requirements.

Section 13 Deliverables

Section Description Date Media/Format # of copies To Whom

1.0, 1.1 Initial Inspection and Evaluation (IIE)

Within first 45 calen-dar days of contract

Email notification of completion

1 copy of notification COR

DJM-13-A32-R-0004 Page 14 of 61 award

1.0, 1.1 VBM Form-1 and es-timate within ten (10) calen-dar days of the site visit

Email – Microsoft Suite

1 copy of notification COR

2.0, 2.1 Recommended PM plan for each barrier or gate by location, VBM Form-2

Completed w/in ten

(10) calendar days after each IIE

Email – Microsoft Suite

1 copy of notification and report

COR

3.0, 3.1 Request for Repair Respond to site with-in four (4) calendar days

Email – Microsoft Suite

VBM Form-2

1 copy of form COR

3.0, 3.1 Written Estimate for Repair Services

Within three (3) cal-endar days of assess-ment

Email Notification– Microsoft Suite

Form VBM Form-3

1 copy of notification COR

3.2 Repair Acceptance Within five (5) calen-

dar days of the ac-ceptance date.

Email – Microsoft Suite

1 copy of VBM Form-3

COR

4.0 Training Records As requested Email – Microsoft

Suite

1 copy of report/ training records

COR

5.1 Monthly report and

record of preventative maintenance of PM performed quarterly and semi-annually;

and of repair services performed on all bar-riers and gate equip-ment.

Monthly. within five

(5) days after EOM

Email – Microsoft Suite

1 copy of report COR

5.2 Service Site Visit

Summary

Annually w/in Forty five (45) calendar days after Sept 30

Email – Microsoft Suite

1 copy of report sum-mary

CO/COR

5.3 Analysis and Sum-

mary Report

Annually, 30 calendar days prior to the con-tract year end

Email – Microsoft Suite

1 copy of report sum-mary

COR/CO

5.4 Periodic Progress

Meetings

TBD Email for coordina-tion Microsoft Suite as requested and scheduled

COR/CO

5.5, 10.0 Quarterly Summary Report of all unsatis-factory inspections and customer com-plaints w/in five (5) calendar days after the end of the calendar quarter.

Email-Microsoft Suite

1 copy of report sum-mary

COR/CO

7.5 Hazardous Waste

Spill Contingent Plan

Upon request Email- Microsoft Suite

1 copy of plan CO

11.0 Quality Assurance

Plan w/in thirty (30) calen-dar days after con-tract award

Email – Microsoft Suite

1 copy COR/CO

DJM-13-A32-R-0004 Page 15 of 61

Section 3 - Contract Clauses

Clauses By Reference

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.acquisition.gov/far

Clause Title

52.247-34 F.O.B. Destination (Nov 1991)

52.246-23 Limitation of Liability (Feb 1997)

52.244-2 Subcontracts (Oct 2010)

52.242-15 Stop-Work Order (Aug 1989)

52.242-13 Bankruptcy (July 1995)

52.237-3 Continuity Of Services (Jan 1991)

52.236-7 Permits and Responsibilities (Nov 1991)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.233-1 Disputes (July 2002)

52.232-8 Discounts For Prompt Payment (Feb 2002)

52.232-23 Assignment Of Claims (Jan 1986)

52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

52.232-18 Availability Of Funds (Apr 1984)

52.232-17 Interest (Oct 2010)

52.229-3 Federal, State and Local Taxes (Apr 2003)

52.222-43 Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Contracts)

(Sep 2009)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.203-3 Gratuities (Apr 1984)

52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010)

52.202-1 Definitions (Jan 2012)

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Clauses by Full Text

3.0 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL TIEMS (FEB 2012)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this con-tract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Gov-ernment may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exer-cise its post-acceptance rights—

(1) Within a reasonable time after the…