Dry Cleaning Services RFQ.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

OPO/FPS/EACCG/R11/B

Philadelphia PA 19106

Office of Procurement Operations Federal Protective Service U.S. Dept. of Homeland Security DHS/FPS/East CCG/Region 11/Group B

CODE 16. ADMINISTERED BYCODE

X

X

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OROPO/FPS/EACCG/R11/B

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/03/2020 1400 ET

03/28/2020

215-521-2255Joshua Clemens (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70RFP220QEC000015

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 78 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

701 Market Street, Suite 3200

TELEPHONE NO.

17a. CONTRACTOR/

Multiple Locations

15. DELIVER TO

Philadelphia PA 19106 701 Market Street, Suite 3200 Office of Procurement Operations Federal Protective Service U.S. Dept. of Homeland Security

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

DHS/FPS/East CCG/Region 11/Group B

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

A. The US Department of Homeland Security (DHS), Office of Procurement Operations, Federal Protective Service (FPS) Acquisition Division is issuing this competitive request for quotations (RFQ) to solicit quotes for the purpose of awarding a Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) contract to provide for Dry Cleaning and Alteration services to support the Federal Protective Service and its law enforcement personnel in the Washington DC metropolitan area as specified in the Statement

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

of Work.

B. This acquisition will be conducted utilizing

FAR 13.5 procedures and is comprised of the following documents:

• Standard Form 1449

• Statement of Work

• Contract Clauses

• Solicitation Provisions

• Past Project Form

• DOL wage determination: 2015-4281, Revision 15, dated 12/23/2019

C. The Contractor is requested to submit any questions regarding this requirement via email as soon as possible but no later than 2PM Eastern

Time, March 31, 2020 to josh.b.clemens@fps.dhs.gov. Please ensure you read the entire RFQ. A pre-quotation teleconference will be conducted to go over the

Government's requirements on March 30, 2020 at

3PM Eastern Time. if you are interested in attending, please send an e-mail to josh.b.clemens@fps.dhs.gov. Quotations shall be submitted electronically by the due date established in the RFQ to the following e-mail addresses:

josh.b.clemens@fps.dhs.gov

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

78 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 78

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RFP220QEC000015

patricia.r.campbell@fps.dhs.gov

D. Minimum and Maximum Quantities:

As referred to in paragraph (b) of the

"Indefinite Quantities" clause of this contract, the total contract minimum quantity is a total of

$20,000.00 worth of orders at the contract unit price(s). This minimum guarantee will be de-obligated from the resultant contract once a task order or task orders is/are issued with a value of $20,000.00 or greater through which the minimum guarantee will then be satisfied. The contractor can only invoice for the minimum guarantee as applied at the resultant contract level if task orders are never issued against the resultant contract and only at the end of the contract's period of performance (i.e. April 14, 2025). If task orders are issued, but do not

0001 150000 EA

0002 150000 EA

0003 15000 EA

0004 7500 EA

0005 9000 EA

0006 7500 EA

amount to a value of $20,000.00, the contractor can invoice for the minimum guarantee minus the total value of the task orders issued under the resultant contract at the end of the resultant contract's period of performance (i.e. April 14, 2025).

Period of Performance: 04/15/2020 to 04/14/2025

Dry Cleaning-Trousers

Anticipated Award Type: Indefinite-quantity

Dry Cleaning-Shirts/Blouses

Anticipated Award Type: Indefinite-quantity

Dry Cleaning-3/4 Length Jacket

Anticipated Award Type: Indefinite-quantity

Dry Cleaning-Sweaters

Anticipated Award Type: Indefinite-quantity

Dry Cleaning-Coats

Anticipated Award Type: Indefinite-quantity

Dry Cleaning-Caps/Hats

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 78

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RFP220QEC000015

Anticipated Award Type: Indefinite-quantity

0007 Dry Cleaning-Ties 6000 EA

Anticipated Award Type: Indefinite-quantity

0008 Uniform Patches-Sewed 2500 EA

Anticipated Award Type: Indefinite-quantity

0009 Repair of Uniform Patches/Badges 2000 EA

Anticipated Award Type: Indefinite-quantity

0010 Repairs/Alterations of Uniform Items 4500 EA

Anticipated Award Type: Indefinite-quantity

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

STATEMENT OF WORK

DHS/FPS has a requirement for Dry Cleaning and Alteration Services for its Federal Police Officers in the Washington, DC metropolitan area. Dry cleaning services under this Statement of Work are considered mission essential during a crisis.

The vendor shall provide dry cleaning, or repair, or alterations on police uniforms as follows: Dry Cleaning of Uniform Trousers, Dry Cleaning of Uniform Shirts/Blouses (starch, if required), Dry Cleaning of Uniform three-quarter Length Jackets, Dry Cleaning of Uniform Sweaters, Dry Cleaning of Uniform Coats, Dry Cleaning of Uniform Hats/Caps, Dry Cleaning of Uniform Ties, Uniform Sewed Patches, Repair of Uniform Badges/Patches, and Alterations/Repair of Uniform Items.

Workmanship and Sanitation: Delivered articles shall conform to the generally accepted industry and local standards of quality, cleanliness, finish, appearance, and packaging. The items shall not only be clean in the sense of being free from soil and stains, but also free from bacteria, fungi and micro-organisms, including pathogens and disease producing organisms. Uniform shirt sleeves shall be pressed without creasing the patch on the sleeve. Uniform pants/trousers shall be pressed with a crease down the front of the pants/trousers. The Contractor shall take care to avoid fading of the color of the uniform during the cleaning process. If any metal shields, nameplates, collar rank insignias, awards and/or citation designators are found on the uniforms before cleaning, the owner must be notified to pick-up the item(s) left on the clothing. Any items found to have been unsatisfactorily cleaned shall be re-cleaned by the contractor at no additional cost to the government. If an item has a stain that cannot be removed, after a second cleaning, the item will be returned, wrapped separately with the item name and why it’s being returned written on a separate piece of paper. The contractor shall repair, at contractor’s expense, all damages to individual garments which occur while in the custody of the contractor, to include rips, tears, holes, open seams, melting of uniform items and replacement of buttons and repair or replacement of zippers. All work performed shall be done under sanitary conditions. The contract facility shall be open to inspection of conditions at any time by a representative of the government, and the government reserves the right to perform or cause to have performed any test necessary to determine the sanitary condition of the articles delivered by the contractor.

Alteration and Repairs. All repairs must be approved by the owner of the clothing prior to making the necessary repairs. Occasionally, patches must be replaced. The Contractor shall be able to attach patches onto the uniforms in the most invisible manner possible using thread as close to the patch color as possible. The Contractor shall not glue patches/Velcro to fabric. Replaced patches must be returned to the Government issued assignee of the clothing via the COR. The contractor shall repair any items requiring service, using thread and material of the same quality, compatible color, color fastness, and texture as that used in manufacture of the articles, see Pricing Schedule. All repairs shall be returned within one week after pick-up, on the next week’s scheduled delivery day. Any items determined unserviceable or irreparable by the contractor, shall be returned and marked as such, in a separate bundle. The contractor shall accomplish the following common repairs, at no additional cost to the government: replacing buttons, repair of open seams/tears/holes smaller than three (3) inches.

Pick-Up/Delivery: The contractor shall provide pickup and delivery service. Packaging shall be as indicated on the slip attached to articles at pick-up/delivery location(s). The Contractor must provide color coded laundry bags based on location of pick up. Items being turned into the contractor will be counted in the presence of the organizational representative and contractor representative and agreement reached on the number count. The contractor shall verify number of items and sign a pickup ticket for the items being picked up. Such a signature constitutes an agreement to the government's count unless a specific exception is noted on the ticket. A copy of the ticket will remain with the government. The contractor shall record the number of items delivered on the delivery ticket and the government rep will verify the amount. Packaging shall include hanging and folding of articles. All articles shall be returned in plastic or reusable bags. Packaged article(s) tracking tags shall not be stapled nor pinned, as to cause unnecessary holes, onto the article(s) in any fashion. The contractor must provide a list for items not delivered on schedule. This service shall include loading, unloading, segregating, transporting. The contractor shall provide their own vehicles. All drivers shall have a valid driver’s license. Contractor personnel shall present a neat appearance. Contractor personnel shall be easily recognizable while on the installation in conjunction with this contract. This shall be accomplished through the wear of distinctive clothing, bearing the company name or logo that is visible at all times.

The coloring or design of the items selected should be such that identifies personnel easily and quickly for reasons of safety and personal protection.

Losses: The contractor will pay an equitable replacement cost for items reasonably determined to have been lost, damaged or destroyed while in the contractor's possession. The government will notify the contractor within 24 hours of delivery of missing or damaged articles in that delivery. If the contractor disputes the government’s claim, the CO will determine the circumstances and validity of the claim against the contractor. If the CO determines the article(s) to have been lost or destroyed while in the contractor's possession a determination will be made of fair replacement value and given to the contractor. The contractor will reduce their next invoice by the amount of the determination and annotate in the invoice description.

Quality Control: The contractor shall utilize their internal Quality Control (QC) processes in the performance of this contract. Should there be repeated unsatisfactory performance, the COR may request a copy of the contractor’s QC plan to determine if it is sufficient for the services being provided.

Environmental Management. The government encourages the contractor to implement sustainable practices that will minimize the environmental impacts. This can be accomplished through the implementation and use of green products, water and energy conservation, heat and water reclamation processes, and the implementation of cleaning practices that use non-toxic cleaning agents rather than toxic solvents.

The vendor shall provide pickup and drop-off of dry cleaning items at the following locations throughout the week:

Monday, Wednesday, and Friday weekly:

1. Western District Precinct – 6315 Bren Mar Drive, Alexandria, VA 22312

2. DHS Federal Protective Service, Region 11, 1201 M Street, SE Ground Floor, Washington, DC 20003

The servicer must be able to have a complete turn-around time of not more than two business days (from receipt of item for cleaning until delivery to customer). The Contractor shall pick-up and/or deliver articles of clothing during normal hours of operation: 7:00 a.m. to 4:00 p.m., Monday - Friday When a scheduled pick-up or delivery falls on an observed holiday, the service will be performed on the next scheduled delivery date.

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions—Commercial Items (October 2018)

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

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

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

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

33.211 if—

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

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

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply 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. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 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, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations 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) [Reserved]

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

Addendum to FAR 52.212-4 Contract Terms and Conditions—Commercial Items

FAR 52.212-4, Paragraph (d) Disputes: Notwithstanding the claim period stated in FAR 52.233-1, Disputes, and pursuant to FAR 33.206, Initiation of a Claim, the Contractor agrees to submit any claim related to this contract [or “order”] within 12 months after accrual of the claim.

01. DESCRIPTION OF SERVICES

The Contractor shall furnish professional dry cleaning and related services, defined in the statement of work. In furnishing these services, the Contractor shall provide all necessary management, supervision, personnel, materials, supplies and equipment except as otherwise indicated, and shall plan, schedule, coordinate and ensure effective performance of, and conformance to, all aspects of the statement of work contained herein.

02. CONTRACT TYPE

Services shall be furnished via an IDIQ contract with fixed price provisions. Resultant task orders under this contract will be issued on a firm fixed price basis specifying the quantities required to be dry cleaned, repaired or altered.

In accordance with FAR 16.504(a)(4)(vi), the CO may issue oral orders under the resultant contract in the form of an email authorization provided that the email authorization is confirmed in writing via issuance of a task order or modification on a SF 1449 / SF 30 at a later date.

03. MAXIMUM QUANTITIES

The contract maximum is considered to be the total estimated price.

The Schedule of Supplies/Services and Prices (i.e. the Schedule) sets forth the maximum quantities that the Government may order. The maximum quantities set forth in the Schedule are provided for maximum ordering flexibility. The Government reserves the right to order up to the maximum quantities set forth in the Schedule.

Each task order issued under this contract will be issued for the actual known service requirements at that time and will set forth a total estimated price within the task order schedule.

Contractors will be paid only for services ordered and performed at the established rates as contained in the task orders. The Government has the unilateral right to add, decrease, cancel, or modify services stated in each task order as long as the change is within the scope of the contract. The price of the task order will be adjusted to reflect the work to be added or deleted at the established unit prices (i.e., number of units deleted multiplied by unit price added multiplied by unit price). The Contractor will not be entitled to additional costs associated with such a change. The cumulative total of all orders issued under the contract shall not exceed the contract maximum price and/or maximum quantities unless and until the Contracting Officer notifies the contractor in writing that the contract maximum price has been increased and specifies in the notice a revised maximum price that shall constitute the maximum price for performance under this contract.

04. PRICES

A. Department of Labor (DOL) prevailing or Collective Bargaining Agreement (CBA) Wage Determinations (WD)

1. The minimum wage rates and fringe benefits applicable to the contract are outlined in the Department of Labor (DOL) prevailing wage determination and/or Collective Bargaining Agreement (CBA) wage determinations incorporated into the contract.

2. The applicable job classification (s) are listed under the attached DOL prevailing wage determination. The applicable job classification (s) reflect the minimum wage rates and fringe benefits that the Contractor must pay to all employees covered by the Service Contract Labor Standards statute working under the contract.

05. PACKING AND MARKING

A. Payment of Postage and Fees. All postage and fees related to submitting information, including forms, reports, etc., to the Contracting Officer or the Contracting Officer's Representative shall be paid by the Contractor.

B. Marking. All information submitted to the Contracting Officer or the Contracting Officer's Representative shall clearly indicate the contract and task order number for which the information is being submitted.

06. INSPECTION AND ACCEPTANCE - CONTRACTOR'S

RESPONSIBILITY

The Contractor shall provide for all day-to-day supervision, inspection and monitoring of all work performed to ensure compliance with the contract requirements. The results of inspections conducted shall be documented in an inspection report for submission to the Government. The Contractor shall follow through to assure that all Government and Contractor identified defects or omissions in the contract requirements are corrected.

07. DELIVERIES OR PERFORMANCE - TERM OF CONTRACT

The full term of the contract will be up to 60 months and the start and end dates will be defined within the resultant contract. Applicable periods of performance will be established in resultant task orders.

08. CONTRACT ADMINISTRATION DATA

A. Invoicing. After award of this contract, but prior to performance, the Contractor shall meet with the Contracting Officer and Contracting Officer’s Representative upon request to discuss proper invoice preparation and submission. The Contractor and Government shall agree on a standardized invoice format to be used for submission of all invoices under this contract that meets the requirements of FAR 52.212-4 Contract Terms and Conditions – Commercial Items, Paragraph (g) “Invoice.” Use of a standardized invoice format will facilitate timely invoice reviews and approvals. Failure to use the agreed standardized invoice format shall result in rejection of invoices.

B. Invoices shall be submitted for payment within 30 days after completion of the prior month’s services. Invoices shall not contain any employee Personally Identifiable Information (PII). Invoices shall be submitted via one of the following two methods:

1. By mail: FPS-Region 11

DHS, FPS

Financial Operations-Burlington P.O. Box 1279 Williston, VT 05495-1279 Attn: FPS Region 11 Invoice

2. By e-mail: FPSInvoice.Consolidation@ice.dhs.gov The invoice number and FPS Region 11 shall be annotated in the subject line of the e-mail. Only (1) invoice shall be submitted per e-mail message.

The invoice attached to the e-mail shall be in Portable Document Format

(PDF)

Invoices submitted by other than these two methods will not be processed and will be returned.

C. Contractors shall provide an informational copy of each invoice to the Contracting Officer and the Contracting Officer’s Representative concurrent with submission to the designated billing office referenced above.

D. In addition to the information required for a proper invoice as identified in FAR 52.212-4 (g)(1), Contract Terms and Conditions – Commercial Items, (Oct 2018) the Contractor shall include the following information:

1. Annotate “FPS Region 11” on the face of each invoice

2. Clearly identify the period of performance for which the services were rendered or the date the supplies were delivered to the Government (invoices for periods of performance that encompass less than a full month of service must show the specific dates that services were rendered).

3. Cite the identical CLIN description on the invoice as what is cited within the CLIN description listed in the contract.

4. Where there are variances between the requirements cited in the task order(s) and the work actually performed (e.g. lost uniform items), the Contractor shall attach a separate sheet to the invoice detailing each instance of a variance.

E. Contractors shall submit only one invoice per contract or order per month. Failure to comply with these submission requirements will result in rejection of the invoice.

mailto:FPSInvoice.Consolidation@ice.dhs.gov

F. Final invoices shall be marked “FINAL” and be accompanied by an executed “Contractor’s Release” (DHS Form 700-3 ) available at http://dhsconnect.dhs.gov/forms/documents/DHS_Form_700-03.pdf or by request to the Contracting Officer.

09. PAYMENTS

A. Payment will be made on a calendar month basis in arrears upon submission of an invoice. Payment will be due on the 30th calendar day after receipt of a proper invoice or date of receipt of services, whichever is later.

B. It is the objective of the Government to obtain complete and satisfactory performance in accordance with the terms of specifications and requirements of this contract. The Government may access monetary deductions for nonperformance of work under this contract and for adjustments for deficiencies in the performance of work. For uniform items that are lost by the contractor or damaged beyond repair by the contractor, the contractor shall deduct the cost of the uniform item from its next invoice. The Contracitng Officer will inform the contractor of the fair market price of the uniform item and the resultant deduction amount. This amount will be based on the prices contained within the DHS strategic sourcing contract for uniforms. In no event shall the Contractor invoice or the Government be obligated to pay for any quantities in excess of the amount identified within the contract (inclusive of all modifications).

C. The Contractor is responsible for submitting accurate invoices that reflect the actual services provided each month. The Contractor shall compute the invoice price to reflect the actual amount of items dry cleaned or other services performed. Repeated substantiated errors in invoicing may adversely affect the performance assessments assigned during the pendency of the contract. Submission of false invoices shall be subject to contractual and legal actions.

D. Any inquiries regarding payment shall be directed to the COR and/or CO.

10. THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR

CONTRACT ADMINISTRATION

A. Contracting Officer (CO)

1. The CO for this RFQ and resultant award is: Josh Clemens

2. Administrative Contracting Officer(s) may be assigned after award.

3. The CO has the overall responsibility for the administration of the contract. The CO alone is authorized to take action on behalf of the Government to amend, modify or deviate from the contract’s terms and conditions; make final decisions on unsatisfactory performance; terminate the contract or task order for convenience or cause; and issue http://dhsconnect.dhs.gov/forms/documents/DHS_Form_700-03.pdf final decisions regarding questions or matters under dispute. The CO may delegate certain other responsibilities to an authorized representative.

B. Contracting Officer's Representative (COR)

1. The COR for the order is:

To be determined upon award of contract.

2. The COR is designated to assist the CO in the discharge of his or her responsibilities when he or she is unable to be directly in touch with the task order work.

In the event that the COR is absent or unavailable, an Alternate COR will be designated.

The responsibilities of the COR and his/her alternate include, but are not limited to:

determining the adequacy of performance by the Contractor in accordance with the terms and conditions of the contract, acting as the Government's representative in charge of work at the site(s); ensuring compliance with the contract requirements insofar as the actual performance is concerned; advising the Contractor of proposed deductions for non-performance or unsatisfactory performance; and advising the CO of any factors which may cause delay in the performance of work.

3. After award of the contract or task order, the CO will issue a written Delegation of Authority memorandum to the COR that details the scope of duties the COR is authorized to perform and manage. The COR shall not make any decisions regarding the performance of the work under the order except as outlined in the memorandum. A copy of the memorandum shall be sent to the Contractor.

4. The Contractor shall immediately notify the CO in the event the COR directs the Contractor to perform work that the Contractor believes is not part of the contract or the COR assumes duties not designated in the memorandum. The CO will then make a determination as to the issue and respond to all affected parties in the most appropriate manner deemed necessary.

11. INSURANCE REQUIREMENT

Pursuant to FAR clause 52.228-5, Insurance – Work on a Government Installation (Jan 1997):

a. Liability insurance coverage, written on the comprehensive form of policy, is required in the amount of $500,000 per occurrence for bodily injury and $50,000 per occurrence for property damage. Automobile liability insurance, written on the comprehensive form of policy, is required in the amount of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

Note: "The United States of America, acting by and through the Federal Protective service" shall be named as an additional insured for general liability.

b. The coverage specified below, pursuant to FAR 28.307, reflects the minimum insurance required.

(1) Workers' Compensation and Employer's Liability Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(2) General Liability The Contractor shall provide bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence and $50,000 per occurrence for property damage.

(3) Automobile Liability The Contractor shall provide automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

c. The Contractor selected for award shall be required to submit satisfactory evidence of insurance prior to being permitted to commence work.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2020)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L.

115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108- 77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5)[Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_252523041 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062680 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063319 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063504 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063607 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064214 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064243

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10)[Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (DEVIATION 2019-01) (15 U.S.C.657a).

_X_ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (DEVIATION 2019-01) (15 U.S.C. 657a).

__ (13)[Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (DEVIATION 2019-01) (15 U.S.C.644).

__ (ii) Alternate I (Nov 2011) (DEVIATION 2019-01).

__ (iii) Alternate II (Nov 2011) (DEVIATION 2019-01).

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

__ (ii)…