RFQ_EA133F-18-RQ-0078.pdf

U.S. Department of Commerce

National Oceanic and Atmospheric Administration

Eastern Acquisition Division

200 Granby Street, Suite 815

Norfolk, VA 23510

REQUEST FOR QUOTATION

EA133F-18-RQ-0078

National Marine Fisheries Service (NMFS)

Southeast Fisheries Science Center (SEFSC)

Janitorial Services, Pascagoula Laboratories

SECTION A – SF 1449

Janitorial Services Page 1 of 43

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 2/2012)

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

NFFN7300-17-01513 PAGE 1 OF 48

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

EA133F-18-RQ-0078

6. SOLICITATION

ISSUE DATE

JAN 3, 2018

7. FOR

SOLICITATION

INFORMATION

CALL:

a. NAME

Julia Callahan

b. TELEPHONE NUMBER (no collect calls)

(757) 441-6577

8. OFFER DUE DATE/

LOCAL TIME

FEB 2, 2018

12:00 PM EST

9. ISSUED BY CODE AJ930073

National Oceanic and Atmospheric Administration

Eastern Acquisition Division

200 Granby Street, Suite 815

Norfolk, VA 23510

E-mail: julia.callahan@noaa.gov

10. THIS ACQUISITION IS UNRESTRICTED OR X SET ASIDE: _100__ %FOR:

SMALL BUSINESS -OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN- OWNED

SMALL BUSINESS PROGRAM

HUBZONE SMALL NAICS:

BUSINESS 561720

X SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS 8(A) $18M

11. DELIVERY FOR FOB

DESTINATION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING DO-A3

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

See Block 9

17a. CONTRACTOR/ CAGE CODE FACILITY

OFFEROR CODE

DUNS No.

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE

Department of Commerce

NOAA Finance Office, Room 1204

20020 Century Blvd

Germantown, MD 20874

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

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

BELOW IS CHECKED SEE ADDENDUM (SECTION G)

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Reference Section B, Pricing Schedule.

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN 1 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 HEREIN.

29. AWARD OF CONTRACT: REFERENCE

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 (SINGATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER 31c. DATE SIGNED

SECTION A – SF 1449

Janitorial Services Page 2 of 43

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK

NUMBER

PARTIAL FINAL

38. S/R ACCOUNT

NUMBER

39. S/R VOUCHER NUMBER

40. PAID BY

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

42 a. 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

Janitorial Services Page 3 of 43

SECTION A – CONTINUATION OF SF 1449

(1) Block 17a: Contractor shall include its DUNS number.

(2) Block 17b: REMITTANCE ADDRESS. Payment will be made to the Financial Institution listed in the System for Award Management (SAM). To receive award Contractor must be registered in the SAM, which is available at: https://www.sam.gov

(3) Block 19 through 24: See Section B, Pricing Schedule.

(4) Block 25: ACCOUNTING AND APPROPRIATION DATA, This information will be included on the resulting contract award document and individual delivery orders.

END SECTION A

Janitorial Services Page 4 of 43

SECTION B – PRICING SCHEDULE

Base Year: April 1, 2018-March 31, 2019

Contract

Line Item

Number

Product Description Quantity Unit of

Issue

Unit

Price

Extended Price

The Contractor shall provide Janitorial

Service in accordance with the attached

Statement of Work (SOW)

0001 Main Building 12 Months $ $

0002 Gulf Marine Support Building 12 Months $ $

0003 Harvesting Systems Building 12 Months $ $

Total $

Option Year One: April 1, 2019-March 31, 2020

Line Item

Number

Product Description Quantity Unit of

Issue

Unit

OPTION

1001 Main Building 12 Months

1002 Gulf Marine Support Building 12 Months $

1003 Harvesting Systems Building 12 Months $

Option Year Two: April 1, 2020-March 31, 2021

Line Item

Number

Product Description Quantity Unit of

Issue

Unit

2001 Main Building 12 Months

2002 Gulf Marine Support Building 12 Months $

2003 Harvesting Systems Building 12 Months $

Janitorial Services Page 5 of 43

Option Year Three: April 1, 2021-March 31, 2022

Contract Line

Item Number

Product Description Quantity Unit of

Issue

Unit

The Contractor shall provide

Janitorial Service in accordance with the attached Statement of

Work (SOW)

3001 Main Building 12 Months

3002 Gulf Marine Support Building 12 Months $

3003 Harvesting Systems Building 12 Months $

Option Year Four: April 1, 2022-March 31, 2023

Contract Line

Item Number

Product Description Quantity Unit of

Issue

Unit

The Contractor shall provide

Janitorial Service in accordance with the attached Statement of

Work (SOW)

4001 Main Building 12 Months

4002 Gulf Marine Support Building 12 Months $

OPTION 4003 Harvesting Systems Building 12 Months $

END OF SECTION B

Janitorial Services Page 6 of 43

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

U. S. DEPARTMENT OF COMMERCE

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)

PERFORMANCE WORK STATEMENT (PWS) FOR JANITORIAL SERVICES FOR

NATIONAL MARINE FISHERIES SERVICE (NMFS), SOUTHEAST FISHERIES SCIENCE

CENTER (SEFSC) PASCAGOULA LABORATORY

C.1 SCOPE OF WORK:

The Contractor shall be responsible for furnishing all necessary labor, supervision, materials, and equipment to satisfactorily perform janitorial services as described herein for the National Marine

Fisheries Service’s (NMFS) Mississippi Laboratories at the following 3 locations:

3209 Frederic Street, Pascagoula, MS 39567

151 Watts Avenue, Pascagoula, MS 39567

202 Delmas Avenue, Pascagoula, MS 39567

The approximate square footage of each building is as follows:

Main Laboratory Building, 3209 Frederic Street………..…45,000 square feet

Gulf Marine Support Facility, 151 Watts Avenue.…………2,266 square feet

Harvesting Systems Building, 202 Delmas Avenue.…….…2,000 square feet

SPECIAL PROVISIONS

The Main Lab Building at 3209 Frederic Street is a certified Leadership in Energy and Environmental

Design (LEED) facility requiring Green materials to be utilized for cleaning. All equipment, materials, and supplies (Material Safety Data Sheets for chemicals) shall be furnished by the Contractor and properly stored in the areas designated by the Government point of contact including paper towels, toilet paper, cleaning supplies, and cleaning equipment. Services performed under this contract shall be performed during hours approved by the Government point of contact. Environmentally-friendly products shall be used with a products list and Material Safety Data Sheets (MSDS) to be supplied to the

Government point of contact for approval. NOTE: All paper products shall be made of recovered materials as per EPA guidelines at the following website:

www.epa.gov/epawaste/conserve/tools/cpg/products/tissue.htm

C.2 GENERAL:

a. Contractor and cleaning crew shall be required to wear uniforms consisting of at least a shirt with contractor identification.

b. Contractor shall provide the Government point of contact with names of janitorial employees working at the facility. Contractor shall advise the Contracting Officer or Government point of contact of any changes in crew during contract performance. All crew members shall submit documentation to the Government point of contact within 3 days of award for security clearances as described in CAR clause 1352.237-71 (Security Processing Requirements—Low Risk Contracts).

c. The Contractor/cleaning crew shall not have access to buildings after normal working hours for daily, routine duties and shall perform those duties between 8:00 AM and 5:00 PM (local time). Any heavy work such as stripping and waxing floors shall be coordinated, in advance, with the

Government point of contact and performed after normal working hours.

d. All sweeping of the floor covering shall be by the dustless pickup method using either the laundered or the disposable types of treated cloths, as appropriate. All dusting shall be done by the damp or treated cloth method. Only safe tools and equipment are to be used.

http://www.epa.gov/epawaste/conserve/tools/cpg/products/tissue.htm

Janitorial Services Page 7 of 43

e. The Contractor shall execute all work hereunder and perform all services required according to the terms of the contract.

C.3 PERIOD OF CONTRACT:

The work under this contract is expected to commence on April 1, 2018 and continue through March 31, 2019 (the Base Year). Additionally, the contract will include 4 one-year option periods for services starting April 1, 2019 and continue through March 31, 2023 (Option Year 4). The Option Year(s) will be exercised if the contractor’s performance warrants a continuation of service and the needed funding is available.

C.4 SITE VISIT:

It will be the responsibility of the Contractor to inspect the work area to be maintained, determine the quantity of service involved, compare the Statement of Work with the work to be done, and determine all requirements necessary to perform the contract herein. Failure to do so will in no way relieve the

Contractor of responsibility for furnishing any material or performing any work required to carry out the terms of the contract.

Contractors touring the building for a site visit must wear closed-toe shoes and long pants (no shorts) to gain access to the site. No exceptions will be made!

C.5 SCHEDULING OF WORK:

The Contractor shall perform the duties stated herein three (3) times per week, between the hours of 8:00

AM and 5:00 PM (local time). The Contractor shall perform these duties on Monday, Wednesday, and

Friday.

C.6 CLEANING SCHEDULE:

Work shall be performed as follows

C.6.1 EACH CLEANING:

a. Restrooms:

(1) Sweep and mop all floors using sanitizing agent

(2) Clean mirrors with appropriate lint-free cloth taking care to remove all streaks and smudges.

(3) Clean and disinfect all fixtures including toilets, sinks, showers, counters, etc.

(4) Remove spots from walls, partitions, woodwork, and doors.

(5) Clean and deodorize urinal traps by chemical means to eliminate odors.

(6) Empty waste containers.

(7) Replenish toilet tissue dispensers keeping a full roll of tissue near dispenser when roll on dispenser is partially used. When two-roll dispenser is available, keep partially used roll of tissue in bottom portion of dispenser with full roll on top. Replenish all paper towel dispensers daily.

Bathroom tissue and paper towels for bathroom shall be supplied by contractor.

(8) Place extra tissue/paper towels in all restrooms in cabinets, closets or specified areas as determined by the Government point of contact.

(9) Replenish all soap dispensers with Government-furnished liquid or bar as appropriate.

(10) Keep all restrooms in sanitary condition.

b. Offices/Labs/Open Areas:

(1) Empty all wastebaskets and place wastepaper in trash receptacles (dumpsters) located in the parking area. Place trash liners in each wastebasket and replace liners as necessary or as directed by the Government point of contact, but not less than once month. All paper, other trash or waste generated from any source shall be collected and placed in the trash receptacles located in the area referred to above. On occasion, i.e. when files are being purged, there will be more than the normal amount or trash to go out to the outside receptacles. If the containers of waste paper and

Janitorial Services Page 8 of 43 trash are too heavy to lift, the Contractor shall break down into smaller loads and then deliver to outside trash receptacles as mentioned above.

(2) Empty the butts from all ashtrays, located outside in designated smoking areas, in metal containers and remove the resulting waste from the building by depositing in trash receptacle referred to above.

(3) Sweep and damp mop with treated mop all corridors, rooms and areas with tile floors.

(4) Vacuum carpeting and spot clean carpets as needed or as directed by the Government point of contact. Carpets shall not be swept with broom.

(5) Remove all spots from wall, glass-front bookcases, doors, etc., taking care to clean the front entrance door inside and outside each day.

(6) Clean, sanitize and polish all drinking fountains.

(7) Sweep steps, main entrance, loading zones, front sidewalk of Main building, patios, and all other entrances/exits to all buildings stated herein.

(8) Damp wipe all counters and appliances in break room.

C.6.2 WEEKLY CLEANING:

In addition to the duties described above, the following duties shall be completed on a weekly basis:

a. Restrooms: Wipe down walls, partitions, and woodwork.

b. Offices/Labs/Open Areas:

(1) Vacuum carpeting on a rotational basis so that all carpeting is vacuumed at least once weekly.

(2) Dust all office equipment and furniture including desks, file cabinets, bookcases, tables, chairs, and other surfaces within reach taking extreme caution with lab equipment and automatic data processing equipment by using feather duster. Do not use any oil-based polish on desktops or tabletops. Dust or damp wipe window sills, blackboard chalk holders, counters, etc. Remove all cobwebs. Spot clean upholstered chairs as necessary or as determined by the Government point of contact.

(3) Buff corridors and tiled areas to keep in good condition and maintain proper shine.

(4) Polish all metal work such as door knobs and hardware switch plates, etc.

C.6.3 MONTHLY CLEANING:

In addition to the duties described in the Daily and Weekly sections above, the following duties shall be completed on a monthly basis:

a. Restrooms: Clean and deodorize all walls, partitions, and woodwork.

b. Offices/Labs/Open Areas:

(1) Wash or wipe with wet cloth all wastebaskets inside and out at such a rate that all will be cleaned once a month.

(2) Clean all interior and exterior doors, windows (interior) and glass front bookcases. Clean high file cabinets, window and door frames and casings. Damp wipe all Venetian blinds.

(3) Clean all interior heating/air conditioning vents to remove dust and lint.

C.6.4 QUARTERLY CLEANING (EVERY 90 DAYS):

Thoroughly scrub all tile floors removing old wax/polish and soil. Apply chemical-grade wax/polish, machine buffing for long lasting shine and durable finish. The dates and time of this task will be coordinated with the Government point of contact. The Government point of contact will coordinate scheduling with the contractor to arrange dates for this tasking.

C.7 UNACCEPTABLE PERFORMANCE OF SERVICES OR NON-PERFORMANCE OF SERVICE:

If any of the services do not conform to the contract requirements, the Government may require the

Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. If the defects in services are not corrected by performance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract

Janitorial Services Page 9 of 43 requirements and (2) reduce the contract price to reflect the reduced value of the service performed. If the

Contractor fails to expeditiously take the necessary action to ensure that future performance will be in conformity with contract requirements, the Government may terminate the contract as provided in the

Termination for Convenience of the Government (Fixed-Price) clause contained in this contract.

C.8 INVOICE REQUIREMENTS:

Invoices shall be submitted to the Contract Specialist and the Government point of contact identified in

NAM Clause 1330-52.242-70, Invoices. To constitute a proper invoice, the invoice must include the following information and/or other attached documentation:

a. Names of Business Concern and Invoice Date.

b. Contract Number

c. Description of Services Rendered.

d. Name (where practicable), Title, Phone Number, and complete Mailing Address of responsible official to whom payment is to be sent.

C.9 GOVERNMENT POINT OF CONTACT:

C.9.1 The on-site Government point of contact is located at the U.S. Department of Commerce, National Marine Fisheries Services, 3209 Frederic Street, Pascagoula, MS 39567-1207, and will be provided at award.

C.9.2 The responsibilities and limitations of the Government point of contact are as follows:

C.9.2.1 The Government point of contact is responsible for the technical aspects of this contract and technical liaison with the Contractor. The Government point of contact will be responsible for assigning duties to the Contractor within the scope of this contract. The Government point of contact will also be responsible for the final inspection and acceptance of services by the

Contractor and any such other responsibilities as may be specified in the contract.

C.9.2.2 The Government point of contact is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms, or conditions. Any Contractor request for changes shall be referred to the Contracting

Officer directly or through the Government point of contact. No such changes shall be made without the expressed prior authorization of the Contracting Officer. The Government point of contact may designate an assistant Government point of contact to act for him or her by naming such assistant in writing and transmitting a copy of such designation through the Contracting

Officer to the Contractor.

Janitorial Services Page 10 of 43

APPENDIX A

Sustainable Products and Practices Policy

In accordance with the requirements of the Federal Acquisition Regulation (FAR) Part 23 the purpose of this policy is to reduce the exposure of building occupants and maintenance personnel to potentially hazardous chemical, biological and particulate contaminants, which adversely affect air quality, human health, building finishes, building systems, and the environment.

Custodial service providers must commit to the use of sustainable cleaning, hard floor, sanitary paper, and carpet care products. The cleaning products must meet one or more of the following standards for the appropriate category:

Green Seal GS-37, for general purpose, bathroom, glass and carpet cleaners used for industrial and institutional purposes.

Disinfectants, metal polish, floor finishes, strippers, or other products not addressed by the above standards meet one or more of the following standards for the appropriate category:

o Green Seal GS-40, for industrial and institutional floor care products.

o Disposable janitorial paper products and trash bags meet the minimum requirements of one or more of the following programs for the applicable product category:

o U.S. EPA Comprehensive Procurement Guidelines for Janitorial Paper and Plastic Trash

Can Liners.

o Green Seal GS-09, for paper towels and napkins.

o Green Seal GS-01, for tissue-paper.

Hand soaps meet one or more of the following standards:

o No antimicrobial agents (other than as a preservative) except where required by health codes and other regulations (i.e., food service and health care requirements) o Green Seal GS-41, for industrial and institutional hand cleaners

The cleaning equipment program must require the following:

Vacuum cleaners are certified by the Carpet and Rug Institute “Green Label” Testing program for vacuum cleaners and operate with a sound level of less than 70dBA.

Carpet extraction methods and materials are Green Certified

Carpet extraction equipment used for restorative deep cleaning is certified by the Carpet and Rug

Institute’s “Seal of Approval” Testing Program for deep-cleaning extractors.

Automated scrubbing machines are equipped with variable-speed feed pumps and on-board chemical metering to optimize the use of cleaning fluids.

Equipment is designed with safeguards, such as rollers or rubber bumpers, to reduce potential damage to building surfaces.

The Contractor must also commit to the training of their personnel/employees, and all subcontractors performing under this contract in the hazards of use, disposal and recycling of cleaning chemicals, dispensing equipment, and packaging.

Janitorial Services Page 11 of 43

SECTION D – PACKAGING AND MARKING

D.1 MARKING DELIVERABLES

The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract, including reports.

Mark deliverables for:

NOAA National Marine Fisheries Service

3209 Frederick Street

F/SEC3

Pascagoula, MS 39567 e-mail: TBD at time of award

END OF SECTION D

Janitorial Services Page 12 of 43

SECTION E – INSPECTION AND ACCEPTANCE

E.1 COMMERCE ACQUISITION REGULATION (CAR) 1352.246-70 PLACE OF

ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will perform inspection and acceptance of supplies and services to be provided under this contract.

(b) The place of acceptance will be:

Inspection and acceptance will be performed at:

NOAA National Marine Fisheries Service

3209 Frederick Street

F/SEC3

Pascagoula, MS 39567 e-mail: TBD at time of award

(End of clause)

END OF SECTION E

Janitorial Services Page 13 of 43

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CAR 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

a. The period of performance of this contract consists of April 1, 2018-March 31, 2019. If an option is exercised, the period of performance shall be extended through the end of that option period.

b. The option periods that may be exercised are as follows:

Period Start Date End Date

Option Year One April 1, 2019 March 31, 2020

Option Year Two April 1, 2020 March 31, 2021

Option Year Three April 1, 2021 March 31, 2022

Option Year Four April 1, 2022 March 31, 2023

c. The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9.

END OF SECTION F

Janitorial Services Page 14 of 43

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CAR 1352.201-70 CONTRACTING OFFICER’S AUTHORITY (APR 2010)

G.2 CAR 1352.201-72 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (APR 2010)

(a) [TBD at time of award] is hereby designated as the Contracting Officer’s Representative (COR).

The COR may be changed at any time by the Government without prior notice to the Contractor by a unilateral modification to the Contract. The COR is located at:

NOAA National Marine Fisheries Service

3209 Frederick Street

F/SEC3

Pascagoula, MS 39567 e-mail: TBD at time of award

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting

Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

G.3 (1) The Contractor shall notify the Contracting Officer in writing within 5 business days from the date of any situation or occurrence where the Contractor considers specific contract activity to be inconsistent with the intent of this contract language. The notice must include the date, nature and circumstance of the situation or occurrence, the name, function and activity of each Government employee or Contractor employee involved or knowledgeable about the situation or occurrence, provide any documents or the substance of any oral communications related to the activity, and an estimated date by which the Government is recommended to respond to the notice in order to minimize cost, delay, or disruption of performance. (2) The

Contracting Officer will review the information provided by the Contractor, obtain additional information (if needed), and respond in writing as soon as practicable after receipt of the notification from the Contractor. The Contracting Officer’s response will provide a decision on whether the Contracting Officer determines the situation or occurrence to be inconsistent with the intent of this contract language and, if deemed necessary, will specify any corrective action(s) to be taken in order to resolve the issue.

(a) The Contractor shall prepare and submit an invoice to the COR for approval with a copy to the contracting officer for information. All invoices shall be submitted (via electronic copy) by the 10th day of the subsequent month.

(b) Payment will be based on receipt of a proper invoice and satisfactory contract performance and guidelines in FAR 32.9, Prompt Payment. To constitute a proper invoice, the contractor’s invoice shall be prepared in accordance with, and contain all elements specified in FAR 52.212-4(g), “Invoices”.

(c) Original invoices shall be mailed (via electronic copy) to the designated billing office as follows:

Janitorial Services Page 15 of 43

NOAA National Marine Fisheries Service

Attn: TBD at time of award

3209 Frederick Street

F/SEC3

Pascagoula, MS 39567 e-mail: TBD at time of award

A copy of all invoices shall be emailed to the contract administration office as follows:

NOAA/Eastern Region Acquisition Division

Attn: Julia Callahan, 200 Granby St. Suite 815

Norfolk, VA 23510-1811

Email: julia.callahan@noaa.gov

The designated payment office for this contract is:

NOAA

Eastern Finance Branch

NOAA Finance Office, AOD

20020 Century Blvd.

Germantown, MD 20874-1178

(d) The Contractor will submit invoices to the Contract Officer’s Technical Representative stating the hours worked, the task and/or equipment purchases made. A final invoice should be submitted with the final report, and will be paid when the final report and all tasks are reviewed and deemed to be complete by the Agency.

(e) The Government will return invoices that do not comply with these requirements. If the invoice does not comply with FAR 52.212-4(g), “Invoices”, the COR will return it to the contractor within seven days after the date the designated office received the invoice along with a statement as to the reasons why it is not a proper invoice.

(End of provision)

G.4 NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016)

a. The NOAA Acquisition and Grants Office (AGO) Ombudsman is available to organizations to promote responsible and meaningful exchanges of information. Generally, the purpose of these exchanges will be to:

1. Allow contractors to better prepare for and propose on business opportunities.

2. Advise as to technologies and solutions within the marketplace that the

Government may not be aware of, or is not fully benefiting from.

3. Identify constraints in transparency and process.

b. The AGO Ombudsman will objectively, reasonably, and responsibly collaborate with parties and recommend fair, impartial, and constructive solutions to the matters presented to him/her. Further, the

AGO Ombudsman will maintain the reasonable and responsible confidentiality of the source of a concern, when such a request has been formally made by an authorized officer of an organization seeking to do business with, or already doing business with NOAA.

c. Before consulting with the AGO Ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations with the respective contracting officer for resolution.

However, direct access to the AGO Ombudsman may be sought when an interested party questions the objectivity or equity of a contracting officer’s decision, or when there is a bona fide reason to believe that reasonable, responsible, and objective consideration will not be received from an assigned contracting officer.

d. There are several constraints to the scope of the AGO Ombudsman’s authority, for instance:

Janitorial Services Page 16 of 43

1. Consulting with the AGO Ombudsman does not alter or postpone the timelines of any formal process

(e.g., protests, claims, debriefings, employee employer actions, activities involving A76 competition performance decisions, judicial or congressional hearings, or proposal, amendment, modification or deliverable due dates, etc.).

2. The AGO Ombudsman cannot participate in the evaluation of proposals, source selection processes, or the adjudication of protests or formal contract disputes.

3. The AGO Ombudsman is not authorized to generate or alter laws, judicial decisions, rules, policies, or formal guidance.

4. The AGO Ombudsman is not authorized to develop or alter opportunity announcements, solicitations, contracts, or their terms or conditions.

5. The AGO Ombudsman cannot overrule the authorized decisions or determinations of the contracting officer.

6. The AGO Ombudsman has no authority to render a decision that binds AGO, NOAA, the Department of Commerce, or the U.S. Government.

7. The AGO Ombudsman is not NOAA’s agent relative to the service of magistrate or judicial process and cannot be used to extend service of process to another party (whether federal, public, or a private entity).

e. After review and analysis of a filed concern or recommendation, the AGO Ombudsman may refer the interested party to another more suitable federal official for consideration. Moreover, concerns, disagreements, and/or recommendations that cannot be resolved by the AGO Ombudsman will need to be pursued through more formal venues.

f. The AGO Ombudsman is not to be contacted to request copies of forms and/or documents under the purview of a contracting officer. Such documents include Requests for Information, solicitations, amendments, contracts, modifications, or conference materials.

g. Questions regarding this solicitation and contract language shall be directed to Rafael Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov.

G.5 CONTRACTOR ACCESS TO NOAA FACILITIES (SEPT 2017)

(a)

(1) The performance of this contract requires employees of the prime contractor or its subcontractors, affiliates, consultants, or team members (“contractor employees”) to have access to and to the extent authorized, mobility within, a NOAA facility.

(2) NOAA may close and or otherwise deny contractor employees access to a NOAA facility for a portion of a business day or longer for various reasons including, but not limited, to the following events:

(i) Federal public holidays for federal employees in accordance with 5 U.S.C. 6103;

(ii) Fires, floods, earthquakes, and unusually severe weather, including but not limited to snow storms, tornadoes, and hurricanes;

(iii) Occupational safety or health hazards;

(iv) Lapse in Appropriations; or

(v) Federal Statute, Executive Order, Presidential Proclamation, or any other unforeseen reason.

(3) In such events, the contractor employees may be denied access to a NOAA facility that is ordinarily available for the contractor to perform work or make delivery, as required by the contract.

mailto:Rafael.Roman@noaa.gov

Janitorial Services Page 17 of 43

(b) In all instances where contractors are denied access or required to vacate a NOAA facility, in part or in whole, the contractor shall be responsible to ensure contractor personnel working under the contract comply. If the circumstances permit, the contracting officer will provide direction to the contractor, either directly or through the Contracting Officer’s Representative (COR), which could include continuing on-site performance during the NOAA facility closure period; however, if Government oversight is required and is not available, on-site performance shall not be allowed. In the absence of such direction, the contractor shall exercise sound judgment to minimize unnecessary contract costs and performance impacts, for example, performing required work offsite if possible or reassigning personnel to other activities if appropriate.

(c) The contractor shall be responsible for monitoring the Office of Personnel Management at www.opm.gov, the local radio, television stations, NOAA web sites, and other communication channels.

Once the facility is accessible, the contractor shall resume contract performance as required by the contract.

(d) For the period that NOAA facilities were not accessible to contractors who required access in order to perform the services, the contracting officer may—

(1) Adjust the contract performance or delivery schedule for a period equivalent to the period the

NOAA facility was not accessible;

(2) Forego the work; or

(3) Reschedule the work by mutual agreement of the parties.

(e) Notification procedures of a NOAA facility closure, including contractor denial of access, are as follows:

(1) The contractor shall be responsible for notification of its employees of the NOAA facility closure to include denial of access to the NOAA facility. The dismissal of NOAA employees in accordance with statute and regulations providing for such dismissals shall not, in itself, equate to a NOAA facility closure in which contractors are denied access. Moreover, the leave status of

NOAA employees shall not be conveyed or imputed to contractor personnel. Accordingly, unless a NOAA facility is closed and the contractor is denied access to the facility, the contractor shall continue performance in accordance with the contract.

(2) Access to Government facilities and resources, including equipment and systems, will be limited and personnel necessary to administer contract performance may not be available.

Generally, supply and service contracts that are funded beyond the date of the lapse in appropriation and do not require access to Government facilities, active administration by

Government personnel or the use of government resources in a manner that would cause the government to incur additional obligations during the lapse in appropriation may continue. If a delivery date for a contract falls during the period of a lapse in appropriations, Government personnel may not be available to receive delivery. Contractors are directed to consult with a contracting officer before attempting to make a delivery. Contracting officers will be available throughout the lapse in appropriation period to provide guidance.

Once OMB guidance is given, CORs, in consultation with the contracting officer, will notify those contractors that are deemed by the Program Office to be performing excepted work and identify the contractor personnel requiring access to NOAA facilities. CORs will also

Janitorial Services Page 18 of 43 coordinate with directly with facility management or physical security personnel at respective locations to ensure that the names of contractor personnel requiring access to government facilities during the lapse in appropriations are provided to physical security personnel.

Contractors who are not designated as performing excepted work are not allowed access to Government facilities or to utilize government resources in a manner that would incur any additional obligation of funding on behalf of the government during the lapse in appropriation.

(3) Unless otherwise specified within the contract award, contractors requiring access to NOAA facilities outside normal business hours or outside the normal workweek shall submit a written request in writing through the COR to the contracting officer. The written request shall provide justification supporting the required access and be submitted 72 hours before access to the NOAA facility is needed.

G.6 NOAA GOVERNMENT-CONTRACTOR RELATIONS – NON-PERSONAL SERVICES

CONTRACT (SEPT 2017)

(a) The Government and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services as defined in FAR Part 37, Service Contracting, and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the Contractor’s personnel. It is, therefore, in the best interest of the Government to afford both parties an understanding of their respective obligations.

(b) Contractor personnel under this contract shall not:

(1) Be placed in a position where they are under relatively continuous supervision and control of a Government employee.

(2) Be placed in a position of command, supervision, administration, or control over Government personnel or over personnel of other Contractors performing under other NOAA contracts.

(c) The services to be performed under this contract do not require the Contractor or the Contractor’s personnel to exercise personal judgement and discretion on behalf of the Government. Rather, the

Contractor’s personnel will act and exercise personal judgement and discretion on behalf of the

Contractor.

(d) Rules, regulations, directives, and requirements that are issued by the Department of Commerce and

NOAA under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation and facilities, who are provided access to Government systems, or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

(e) Both parties are responsible for monitoring contract activities for indications of improper employee-employer relationships during performance. In the event a situation or occurrence takes place inconsistent with this contract language, the following applies:

(1) The Contractor shall notify the Contracting Officer in writing within 5 business days from the date of any situation or occurrence where the Contractor considers specific contract activity to be inconsistent with the intent of this contract language. The notice must include the date, nature and circumstance of the situation or occurrence, the name, function and activity of each Government employee or Contractor employee involved or knowledgeable about the situation or occurrence, provide any documents or the substance of any oral communications related to the activity, and an estimated date by which the Government is recommended to respond to the notice in order to minimize cost, delay, or disruption of performance.

(2) The Contracting Officer will review the information provided by the Contractor, obtain additional information (if needed), and respond in writing as soon as practicable after receipt of

Janitorial Services Page 19 of 43 the notification from the Contractor. The Contracting Officer’s response will provide a decision on whether the Contracting Officer determines the situation or occurrence to be inconsistent with the intent of this contract language and, if deemed necessary, will specify any corrective action(s) to be taken in order to resolve the issue.

END OF SECTION G

Janitorial Services Page 20 of 43

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

H.2 CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

H.3 CAR 1352.237-71 SECURITY PROCESSING REQUIREMENTS – LOW RISK

CONTRACTS (APR 2010)

H.4 CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.

H.5 CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:

(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and

(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as “contractor”) in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.

(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

Janitorial Services Page 21 of 43

(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms “contract,” “contractor,” and “Contracting Officer” shall be appropriately modified to preserve the Government's rights.

(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507–1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk.

(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting

Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof.

H.6 CAR 1352.228-70 INSURANCE COVERAGE (APR 2010)

(a) Workers Compensation and Employer’s Liability. The Contractor is 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.

(b) General liability.

(1) The Contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) When special circumstances apply in accordance with FAR 28.307-2(b), Property Damage

Liability Insurance shall be required in the amount of $0.00.

(c) Automobile liability. The Contractor shall have 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.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the

Contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When Contract performance involves use of vessels, the Contractor shall provide, vessel collision liability and protection and indemnity liability insurance as determined by the

Government.

Janitorial Services Page 22 of 43

H.7 CAR 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE – FIXED

PRICE (APR 2010)

When the Government is injured, wholly or partially as a result of the Contractor’s actions and such actions are covered by the insurance required by 1352.228-70, Insurance Coverage, the Government is entitled to recover from the Contractor the full amount of any such injury attributable to the Contractor regardless of a deductible. The Contracting Officer may offset the amount of recovery against any payment due to the Contractor.

H.8 CAR 1352.237-75 KEY PERSONEL (APR 2010)

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

Name: ______________ Position: Site Manager

Name: ______________ Position: Alternate Site Manager

(b) The Contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting

Officer.

(c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least ten (10) working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The

Contracting Officer will notify the Contractor within ten (10) working days after receipt of all required information of the decision on substitutions. The Contract will be modified to reflect any approved changes.

END OF SECTION H

Janitorial Services Page 23 of 43

SECTION I – CONTRACT CLAUSES

I.1 FAR 52.202-1 DEFINITIONS (NOV 2013)

I.2 FAR 52.203-3 – GRATUITIES (APR 1984)

FAR 52.203-17 – CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

I.3 FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER (MAY 2011)

I.4 FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

I.5 FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

I.6 FAR 52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)

I.7 FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (SEPT 2013)

I.8 FAR 52.223-4 RECOVERED MATERIAL CERTIFICATION (MAY 2008)

I.9 FAR 52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)

I.10 FAR 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN

SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)

I.11 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and…