SOW_-_Interior_Plant_Maintenance.docx

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Tropical Plant Maintenance Service Federal contract opportunity
Solicitation number
GS-04P-14-EW-D-0132
Issued by
General Services Administration Public Buildings Service Region 4

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Statement of Work - GS-04P-14-EW-D-0132

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SOLICITATION NUMBER: G S - 04 P - 14 - EW – D - 0132

SERVICE: INTERIOR TROPICAL PLANT MAINTENANCE

LOCATION(S):Dan M. Russell, Jr. Federal Building-Courthouse
2012 15th Street, Gulfport, MS
Dan M. Russell, Jr. Courthouse Annex
2010 15th Street, Gulfport, MS
U.S. Courthouse
501 E. Courts Street, Jackson, MS
William M. Colmer FB-CT, Hattiesburg, MS
701 Main Street, Hattiesburg, MS

PERIOD OF PERFORMANCE: November 1, 2014 – October 31, 2015

SOLICITATION ISSUE DATE: September 24, 2014

OFFER RECEIPT DATE/TIME: October 23, 2014 / 3:00PM EST

THIS PAGE LEFT BLANK

SOLICITATION TABLE OF CONTENTS

(Sections A through M)

A. Page Left Blank

B.SERVICES, ORDERING AND PRICES6
B.1.Description of Services6
B.2. offer/basic services benchmark data6
B.3. alternate offer for additional services6
A.1.pricing of options for contract services7
B.6Pricing Worksheet9
C.DESCRIPTION/SPECIFICATION/STATEMENT OF WORK11
C.1.Definitions11
C.1.1.Above Standard Services11
C.1.2.Acceptance11
C.1.3.Approval11
C.1.4.Building11
C.1.5.Contracting Officer (CO)11
C.1.6.Contracting Officer's Representative (COR)11
C.1.7.Contractor11
C.1.8.Environmentally Preferable11
C.1.9.Modification11
C.1.10.Ordering Official11
C.1.11.Product Preference12
C.1.12.Quality Assurance Surveillance Plan (QASP)12
C.1.13.Quality Control Program (QCP)12
C.1.14.Performance Based Service Contracting12
C.1.15.Standard Services12
C.1.16.Plant Inventory Data Sheet:12
C.1.17.Contract Effort Required12
C.1.18.Scheduling of Work12
C.1.19.Safety and Health13
C.1.20.Supplies, Materials and Equipment13
C.1.21.Contractor’s Responsibility13
C.1.22.Supervision13
C.2.Standard Services – INTERIOR TROPICAL PLANT MAINTENANCE14
C.2.1.Watering14
C.2.2.Fertilization14
C.2.3.Trimming14
C.2.4.Insect and Disease14
C.2.5.Container Maintenance15
C.2.6.Replacement materials15
C.2.7.Plant Rotation15
C.3.PLANT REPLACEMENT WARRANTY15
C.4.WAIVER OF PLANT REPLACEMENT WARRANTY17
C.5.TRASH AND DEBRIS17
C.6.Quality Control Plan (QCP)17
C.7.Communication Requirements19
C.8.Federal Requirements19
C.9.Submittals Chart21
D.PACKAGING & MARKING22
D.1.PAYMENT OF POSTAGE AND FEES22
D.2.MARKING22
E.INSPECTION & ACCEPTANCE24
E.1.CONTRACTOR RESPONSIBILITY24
E.2.CONTRACTING OFFICER24
E.3.CONTRACTING OFFICER’S REPRESENTATIVE24
E.4.GOVERNMENT QUALITY ASSURANCE24
E.5.cancellation clause25
E.6.FAilure to perform25
F.DELIVERIES OR PERFORMANCE26
F.1.place of performance26
F.2.term of contract26
F.3.option to extend the terM of the contract26
G.CONTRACT ADMINISTRATION DATA28
G.1.payment (general)28
G.2.submission of invoices for services30
G.4.withholding monies for non-submission of work schedules31
G.5.application of criteria for deductions (non-performance)31
G.6.addition and deletion of workload31
H.SPECIAL CONTRACT REQUIREMENTS32
H.1.Contractor Responsibilities32
H.1.1.Supervisors32
H.1.2.Communication32
H.1.3.Uniforms32
H.1.4.Qualifications of personnel32
H.2.Security Requirements and personal Identity Verification Procedures (Non-Classified Contract)32
H.2.1.General32
H.2.2.Homeland Security Presidential Directive (HSPD)-1233
H.2.3.Personal Verification of Contractor Personnel33
H.2.4.GSAM 552.237-71 Qualifications of Employees (May 1989)33
H.2.5.Required Information Submissions33
H.2.6.General Description of the Clearance Process34
H.2.7.Tenant Agency Security Requirements35
H.3.Identification Credential36
H.4.Escort Requirements36
H.5.Standards of Conduct36
H.6.Removal from Contract Work37
H.7.Sensitive But Unclassified (SBU) Building Information39
H.8.Recording Presence40
H.9.Government Forms40
H.10.Ordinances, Taxes, Permits and Licenses40
H.11.Discrepancy in the Specifications40
H.12.Affirmative Procurement Program (APP)40
I.Contract Clauses41
J.List of Attachments (List of documentS, exhibits and Other Attachments)88
J.1.DAN M. RUSSELL, Jr. FB-Courthouse PLANT INVENTORY89
J.2.Dan M. Russell, Jr. Courthouse Annex, PLANT INVENTORY90
J.3.U.S. Courthouse PLANT INVENTORY91
K.Representations, Certifications, and Other Statements of Bidders/Offerors92
L.Instructions, Conditions, and Notices to Offerors102
L.1.INSPECTION OF FACILITY102
L.2.INSTRUCTIONS FOR SUBMITTING PROPOSAL102
L.3.INSURANCE REQUIREMENTS103
L.4.Offerors INTERESTED IN MORE THAN ONE BID104
L.5.PREPARATION, RECEIPT AND OPENING OF OFFER104
L.6.SMALL BUSINESS ASSISTANCE104
L.7.PRIOR YEAR’S PROCUREMENT104
M.Evaluation Factors for Award111
M.1.FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990)111
M.2.FACTORS FOR AWARD111
M.3.FORMULA FOR EVALUATION – PRICE PROPOSALS112
M.4.FIXED PRICE CONTRACT PROVISIONS113
Interior Tropical Plant Maintenance SpecificationsFederal Facilities
Southeast Sunbelt RegionGulfport and Hattiesburg, MS

B. SERVICES, ORDERING AND PRICES

This solicitation contains a work statement for a performance-based service. This means that the Government has described WHAT is to be accomplished, not HOW to accomplish it, and states a basis for determining whether finished work meets the Government quality requirements. It does not state detailed procedures for accomplishing the work unless there are safety, security or communication requirements.

It is the responsibility of the contractor to ensure that they build into their bid/proposal price the necessary hours that it will take to meet the performance standards specified.

The contractor will be required to maintain a quality control program to ensure that the requirements of this contract are met. This program shall be created for identifying and correcting deficiencies in the quality of services before the performance becomes unacceptable.

B.1. Description of Services

The Contractor shall provide all management, supervision, labor, materials, supplies and equipment (except as otherwise provided), and shall plan, schedule, coordinate and assure effective performance of all services described herein. The Contractor will be required to provide tropical plant maintenance and related services during the initial year of service in accordance with the requirements of this solicitation and prices for basic and alternate services.

Provision for the exercise of _4_ additional twelve-month periods, which may be exercised upon 30 days written notice to the Contractor at the Government’s option and shall be contained in the resulting contract awarded. Evaluation of options does not obligate the government to extension of the contract term past the initial year of service.

B.2. offer/basic services benchmark data

General Services Administration will utilize the BOMA Experience Exchange Report (BEER) and Regional market analysis to determine a reasonable cost for these services.

B.3. alternate offer for additional services

Offerors must quote a price per man-hour for providing additional services when ordered by the Contracting Officer’s Representative in addition to the services specified as “standard services” in Section C. This additional services provision is to be used to satisfy the Government’s short-term non-recurring need for service.

Should a continuing need for additional service arise; a contract modification will be negotiated pursuant to the “Changes” clause contained on the Supplemental Contract Clauses for Building Service Contracts.

Orders for additional services may be placed orally by the COR. All orders for each month will be confirmed by issuance of a GSA Form 300, Order for Supplies or Services. The GSA Form 300 will describe the service provided and will establish the hours of service for which the Contractor will be compensated, based on the COR’s authorization log. Monthly orders totaling less than $2,500 will be processed via use of the Government Visa credit card or direct pay system as shown in Section G, and will not be confirmed in writing.

Individual orders more than 40 man-hours will only be issued with the consent of the Contractor. The total number of hours of additional services ordered during the initial twelve-month period or any option period shall not exceed 40 hours. However, this estimate neither obligates nor restricts the Government to order such stated hours

A.1. pricing of options for contract services

Offerors shall price the option year requirements for each additional twelve-month period by assuming that the minimum hourly wages and fringe benefits will apply to all additional twelve-month periods. The minimum wage rates and fringe benefits applicable to the initial twelve-month period of performance are outlined on:

Wage Determination No 2005-2297 Revision 14 dated July 25, 2014.

Wage Determination No 2005-2299 Revision 15 dated July 25, 2014.

Wage Determination No 2005-2301 Revision 14 dated July 25, 2014.

In the event the Government exercises the option(s), the contract price(s) will be adjusted upward or downward at the time the option is exercised in accordance with the clause entitled FAR 52.222-43 Fair Labor Standards Act and Service Contract Act - Price Adjustment (Option Contract).

Offerors are cautioned that any offer may be rejected as non-responsive if it is materially unbalanced as to prices for the options and the initial base period. A offer is unbalanced when it based on prices, which are significantly less than cost for some work, and prices, which are significantly overstated for other work.

B.5. FAR 52.222-43, FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT – PRICE

ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS (May 1989).

a. This clause applies to both contracts subject to area prevailing wage determinations and contracts subject to collective bargaining agreements.

b. The contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

c. The wage determination, issued under the Service Contract Act of 1965, as amended, (41) U.S.C. 351, et seq.), by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract. If no such determination has been made applicable to this contract, then the Federal minimum wage as established by section 6 (a) (1) of the Fair Labor Standards Act of 1938, as amended, (29 U>S>C> 206) current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract.

d. The contract price or contract unit price labor rates will be adjusted to reflect the Contractor’s actual increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily made by the Contractor as a result of:

1. The Department of Labor wage determination applicable on the anniversary date of the multiple year contracts, or at the beginning of the renewal option period. For example, the prior year wage determination required a minimum wage rate of $4.00 per hour. The Contractor chose to pay $4.10. The new wage determination increased the minimum rate to $4.50 per hour. Even if the Contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is $.40 per hour;

2. An increased or decreased wage determination otherwise applied to the contract by operation of law; or

3. An amendment to the Fair Labor Standards Act of 1938 that is enacted after award of this contract, affects the minimum wage, and becomes applicable to this contract under law.

e. Any adjustment will be limited to increases or decreases in wages and fringe benefits as described in paragraph (C) of this clause, and the accompanying increases or decreases in social security and unemployment taxes and workers’ compensation insurance. Adjustments shall not include any amount for general and administrative costs, overhead, or profit.

f. The Contractor shall notify the Contracting Officer of any increase claimed under this clause within 30 days after receiving a new wage determination unless this notification period is extended in writing by the Contracting Officer. The Contractor shall promptly notify the Contracting Officer of any decrease under this clause, but nothing in the clause shall preclude the Government from asserting a claim within the period permitted by law. The notice shall contain a statement of the amount claimed and any relevant supporting data, including payroll records that the Contracting Officer may reasonably require. Upon agreement of the parties, the contract price or contract unit price labor rates shall be modified in writing. The Contractor shall continue performance pending agreement on or determination of any such adjustment and its effective date.

g. The Contracting Officer or any authorized representative shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor until the expiration of 3 years after final payment under the contract.

Note: Delayed payment of price escalation’s of option periods resulting from late receipt of wage determinations or wholesale price indexes shall not be subject to interest otherwise due in accordance with FAR 52.232-17 INTEREST (JAN. 1991) referenced in Section I of this contract. All such price escalations shall be retroactive to the first day of the option period and the Contractor shall comply with retroactive increases in wages to be paid employees. To help prevent delays in processing escalations, the Contractor shall promptly furnish copies of all collective bargaining agreements and amendments thereto to the Contracting Officer upon execution.

Interior Tropical Plant Maintenance SpecificationsFederal Facilities
Southeast Sunbelt RegionGulfport, Hattiesburg and Jackson, MS

B.6 Pricing Worksheet

OFFER SHEET

Note: In the space provided below, quote a price for furnishing all management, supervision, labor, materials and equipment for the Interior plant maintenance services.

ITEM
DESCRIPTION
UNIT
PRICE

Base Period 12-months

PRICE

1st Option 12-months

PRICE

2nd Option 12-months

PRICE

3rd Option 12-months

PRICE

4th Option 12-months

TOTAL

CONTRACT

PRICE

[A12] Tropical Plant Maintenance

Dan M. Russell, Jr. FB-Courthouse

(per month)

[A12] Tropical Plant Maintenance

Dan M. Russell, Jr. Courthouse-Annex

(per month)

0003
Service Call Hourly Rates:

Productive

Supervisory Hourly rates are proposed only once. In the event of wage determination rate increases, these rates may be escalated per FAR 52.222-43

C. DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C.1. Definitions

C.1.1 Above Standard Services Above Standard Services are services not covered in the monthly price of the contract. Prices include all applicable labor, materials, supplies, equipment (except as otherwise provided), supervision and management.

C.1.2 Acceptance Constitutes acknowledgment that the supplies or services conform to applicable contract quality and quantity requirements.

C.1.3 Approval "Approval" means the Government has reviewed submittals, deliverables, or administrative documents (e.g., insurance certificates, MSDS Sheets, etc.) and has determined the documents conform to contract requirements. Government Approval shall not relieve the Contractor of responsibility for complying with contract requirements.

C.1.4 Building A reference to “facility” and “site” is interchangeable with “building”. A man made structure used or intended for supporting or sheltering any use or continuous occupancy.

C.1.5 Contracting Officer (CO) Contracting Officer (CO) has the overall responsibility for the administration of this contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. However, the CO may delegate certain other responsibilities to authorized Government representatives.

C.1.6 Contracting Officer's Representative (COR) Contracting Officer's Representatives (COR) shall be appointed by letter from the Contracting Officer (CO). CORs will be the primary Government representatives for the administration of Contract, but will not have the authority to modify the contract.

C.1.7 Contractor Reference to “Contractor” throughout the Statement of Work even for those references to subcontracted type tasks shall mean the responsibility of the Janitorial Contractor.

C.1.8 Environmentally Preferable Products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service.

C.1.9 Modification Modification is a bilateral or unilateral change in the terms of a contract.

C.1.10 Ordering Official Ordering Officials shall be appointed by letter from the Contracting Officer (CO). Ordering Officials will be the Government’s representative for the ordering of supplies and services.

C.1.11 Product Preference Products that are identified as “environmentally preferable”, and bio-based will be selected over those which do not carry such designations. The following factors to consider when selecting products include: environmental performance, cost performance, bio-based, recycled content, biodegradability, technical performance and availability.

C.1.12 Quality Assurance Surveillance Plan (QASP) The Government’s surveillance method of monitoring and evaluating the Contractor's performance under a Performance Based Statement of Work (PBSOW).

C.1.13 Quality Control Program (QCP) The Quality Control Program is a system for identifying and correcting deficiencies in the quality of services before the level of performance becomes unacceptable. Preparation of this document is the responsibility of the Contractor.

C.1.14 Performance Based Service Contracting The procurement strategy that seeks to issue technical requirements that set forth outcomes for performance instead of specific requirements on how to perform the service. This strategy shifts the risk of performance to the Contractor by allowing the Contractor to design the methods of achieving desired results as defined by the performance quality standards established by the government.

C.1.15 Standard Services A standard service is defined as all services that are included in the monthly price or as defined in the Contract document. Prices are to include all applicable labor, materials, supplies, equipment (except as otherwise provided), supervision and management.

Contract Objectives: This is a Performance-Based Statement of Work (PBSOW) for Interior tropical plant maintenance for the following locations:

· Dan M. Russell, Jr. Federal Building-Courthouse, 2012 15th Street, Gulfport, MS

· Dan M. Russell, Jr. Courthouse- Annex, 2010 15th Street, Gulfport, MS

· William M. Colmer FB-CT, 701 Main Street, Hattiesburg, MS

· U.S. Courthouse, 501 E. Court Street, Jackson, MS

As a performance-based contract, the requirements are stated in terms of desired results with associated quality standards. The contract shall consist of two major functional areas: standard services, and above standard services.

C.1.16. Plant Inventory Data Sheet:

The figures contained in the Plant Inventory Data Sheet are estimates. It is the Contractor's responsibility to notify the COR if it is believed that the information provided is incorrect.

C.1.17. Contract Effort Required All work under this contract must be done at a time and in a manner so as not to interfere with the normal work and activities of these facilities. If the contractor desires to work other than during the normal working hours of the personnel in the various buildings, he will arrange with the Contracting Officer’s Representative (COR) for times and areas in which to work.

C.1.18. Scheduling of Work Service shall be performed during normal working hours of building tenants Monday through Friday, Federal holidays excluded. Exceptions to this are pest management requirements listed below. No work shall be performed when the Government has no force on duty available for the inspection of the contract work unless prior approval of the Buildings Manager or his designated representative has been obtained. Additional services will be ordered by telephone and confirmed in writing.

The Contractor shall furnish the Buildings Manager with a list of telephone numbers where either he or his authorized representative may be contacted. The Contractor shall move his equipment to the site and begin work within twenty-four (24) hours after receipt of telephone order.

The Government’s representative, under whose direction the work will be performed, shall be consulted as to the manner, scheduling and starting of the work. The work shall be carried on in such a manner that there will be no interruption to or interference with the proper execution of Government business.

C.1.19. Safety and Health The Contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to health and safety of personnel during the execution of work. The Contractor shall hold the Government harmless for any action on his/her part or that of his/her employees or subcontractors, which results in illness/injury or death.

In the event an accident occurs during the performance of this contract, GSA Building Manager shall be notified that an accident has occurred on the property and a copy of the accident report, which the Contractor or subcontractor submits to their insurance carriers, shall be forwarded through the Building Manager to the Contracting Officer. This report shall be submitted as soon as possible, but in no event later than seven (7) days after the day the accident occurred.

C.1.20. Supplies, Materials and Equipment The Contractor shall furnish all supplies, materials, equipment, and employee training necessary for the performance of the work of this contract unless otherwise specified herein. Training shall include all applicable OSHA and other related standards. The Contractor shall furnish all Material Safety Data sheets (MSDS) for any materials containing dangerous or warning labels. The Contractor shall not use any material which the COR determines would be unsuitable for the purpose or harmful. Costs for correcting damage caused by misused materials will be borne by the Contractor. Equipment and materials furnished shall be consistent with good utilization depending on the amount of work and type of treatment required. Equipment shall be in good working order with no frayed cords. No gasoline shall be stored on the premises.

The contractor must comply with all requirements of the Federal Insecticide, Fungicide and Rodenticide Pesticide Act of 1972, Public Law 92-516 (86 Stat. 973). Only pesticides approved by the Environmental Protection Agency as well as state and local authorities classified for “restricted use” shall be applied by certified applicators only. All materials must be approved for use by the COR.

C.1.21. Contractor’s Responsibility The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repairs or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price. The Contractor shall be liable for damage or injury caused by his negligence or fault and by any act of negligence or fault of one of his employees.

C.1.22. Supervision The Contractor will ensure that all work required by this contract be satisfactorily supervised, either by personal action, by a project manager or by any combination of these alternatives. The Contractor shall provide sufficient supervision as is essential to carry out all the terms and conditions of this contract. The Contractor shall provide the Contracting Officer’s Representative (COR) with the name, location, and telephone number of his supervisor specifically designated for this contract. The project manager and supervisory employees must be able to read, write, and speak English. Neither GSA employees nor other Government employees are authorized to exercise either direct or indirect supervision over the Contractor’s employees.

C.2. Standard Services – INTERIOR TROPICAL PLANT MAINTENANCE

The Contractor shall submit to the COR a service report upon each visit. The report shall identify the service performed during the visit and any significant changes or problems with the plants. The Contractor shall submit a monthly record of the condition of all plants to the COR.

The Contractors’ activities shall consist of a regularly scheduled program for maintaining the health and appearance of the plant inventories. Services shall include but not be limited to the following functions to sustain and maintain all tropical trees and plants including potted plants and hanging plants in a healthy, vigorous, attractive, condition at all times. Trained service technicians shall carry out the program.

C.2.1. Watering Watering: The Contractor shall be responsible for applying water to all tropical trees and plants as necessary to maintain and encourage growth. Any plant or tree found flaccid or under watered will be considered a maintenance deficiency. The government will provide access to water within the building and hereby permits the Contractor to draw such amounts as necessary to maintain the plant inventory at no cost to the Contractor.

C.2.2. Fertilization Fertilizing, soil amendments and soil conditioners shall be applied only on an as needed basis to encourage growth, good color and adequate root development.

C.2.3. Trimming Pruning, trimming/shaping to include removal of cross branches to obtain an attractive shape and height. Contractor shall trim and clean all foliage as needed. To reduce the amount of material being disposed of in landfills, the Contractor is required to compost all plant waste to the maximum extent possible.

C.2.4. Insect and Disease The Contractor shall be responsible for the development and adherence to an insect and disease control program, which shall be preventive as well as remedial. This program shall be submitted to GSA for approval within five (5) days of notice to proceed. The Contractor shall be liable for all reactions and replace any damaged trees or plants. Spraying shall be performed after working hours, with prior arrangements with the COR. Movable plantings are to be moved to outdoors for spraying. The Contractor shall submit names and technical literature including EPA Certification for all chemicals proposed for use.

Integrated Pest Control: The Contractor shall be responsible for developing and adhering to a low environmental "Integrated Pest Management" (IPM) Program as using guidance from GSA’s publication IPM references and approved by the COR. Integrated Pest Management (IPM) is "a sustainable approach to managing pests by combining biological, cultural, physical, and chemical tools in a way that minimizes economic, health, and environmental risks" (7 USC 136r-1). IPM is a preventive maintenance process that coordinates various programs to reduce sources of pest harborage, food, and access on a long-term basis. Pesticides use and risk are minimized by eliminating scheduled applications and by selecting the most precise products (primarily bait formulations) with the lowest potential hazard to humans and the environment. Thus, Integrated Pest Management (IPM) is "a sustainable approach to managing pests by combining biological, cultural, physical, and chemical tools in a way that minimizes economic, health, and environmental risks" (7 USC 136r-1). Plant material should be healthy, robust, and in good appearance as a result of pest control. The IPM program must include the following:

C.2.4.1. IPM Surveys The Contractor’s Horticulturist shall perform site surveys at a minimum monthly, that identify and continually monitor pest infestations or disease occurrences, establish an aesthetic threshold for all pest populations and disease advancement, and formulate a treatment program. Surveys shall be submitted with the monthly work schedule for approval by the COR.

C.2.4.2 Application Technique Any chemical used to control pests is a pesticide. Pests include insects, plant diseases, fungi, weeds, nematodes, snails, and slugs; therefore, insecticides, fungicides, and herbicides are pesticides. When it is determined that a pesticide must be used in order to obtain adequate control, the Contractor shall employ the environmentally and wildlife friendly, least hazardous material, most precise application technique, and minimum quantity of low persistent pesticide necessary to achieve total coverage of targeted plant material. Consideration must be given to the exposure of pesticides to wildlife and human contact. Labels and Material Safety Data Sheets for all pesticides to be used shall be provided to the COR.

C.2.4.3 Application Responsibility

(a) Certification: The company(ies) and all personnel performing on-site pest and disease control service shall be certified as Commercial Pesticide Applicators. Uncertified individuals working under the supervision of a Certified Applicator will not be permitted to provide service under this contract.

(b) Application and Handling: The Contractor shall not apply any pesticide product that has not been included in the IPM program and/or approved in writing by the COR. Pesticide application shall be according to need and not by schedule. The Contractor shall be responsible for application of pesticides according to the label.

All pesticides used by the Contractor must be registered with the Environmental Protection Agency (EPA), state, and/or local jurisdiction. Transport, handling, and use of all pesticides shall be in strict accordance with the manufacturer's label instructions and all applicable Federal, state, and local laws and regulations. No pesticides shall be applied in and immediately adjacent to childcare and playground areas, food services areas or areas frequented by the public and building tenants.

C.2.4.4. Insect and Disease Control As determined through IPM surveys, only those specific ornamentals that have pest or disease problems shall be treated according to accepted IPM practices.

C.2.4.5. Public Communication A communication strategy is required for building custodial staff, occupants and/or tenants explaining the description of the integrated pest management system, list of chemical pesticides to be used, name, address, telephone number of a knowledgeable contact person for the building, a statement that the knowledgeable person maintains the product labels and MSDS of each pesticide used in the building, and that these documents and the knowledgeable person are available for information and comment. The communication strategy will include a “Universal Notification” which requires a 72 hour notice before a chemical pesticide is applied in the building. Also, the communication strategy shall include an emergency clause to address under what circumstances an emergency application of pesticides can be made without complying with the advance notice listed above. However, at no time will pesticides be applied without a 24 hour notice.

C.2.5. Container Maintenance Dust, soil, fingerprints and smudges shall be removed from all planters. All planters shall be cleaned to maintain an attractive appearance.

C.2.6 Replacement materials The contractor shall replace any peat moss, soil or shredded cypress as needed.

C.2.7 Plant Rotation Plants shall be rotated as possible and necessary, relative to any predominant light source in order to maintain attractive shape.

C.3. PLANT REPLACEMENT WARRANTY

Any plant(s) which deteriorates in health and appearance, due to contractor negligence, so as to become a lesser specification and/or grade, within reason, from that which was originally in place shall be replaced by the Contractor. Either the Contractor or the Government may make the decision to replace.

Upon request from the Government, however, the Contractor shall perform any such replacement(s). All plant replacements shall be made with the same species, size and grade plant(s) as was in place at the beginning of the service period or with another plant of comparable value, which is acceptable to the Government.

These services shall be at NO CHARGE TO THE GOVERNMENT for plants or labor involved in the removal and/or installation of replacement plants. All plants listed in Section J and all future acquisitions are covered by this paragraph.

C.4. WAIVER OF PLANT REPLACEMENT WARRANTY

In the event of any of the below listed situations, the Government shall release the Contractor from the plant replacement warranty as specified in paragraph 3 above; any resulting plant replacements shall be made at additional cost to the Government.

a. The occurrence of significant changes in plant location(s) without the Contractor’s prior knowledge/consent.

b.The occurrence of vandalism or theft.
c.The prolonged absence of light or malfunction of the HVAC systems.
d.The prolonged absence of running water at the project premises.
e.The occurrence of temperatures below 55 F or above 90 F or humidity extreme.
f.Lack of access to the project premises.
g.Watering or other well-meaning care by any client employees.
h.Accidental or malicious damage by employees, cleaning crews or other personnel to either plants or containers.
i.Lowering of lighting levels below those, which were originally, specified as a basis for plant specification, or below those existing at the time of the initiation of the maintenance contract.
j.Introduction of any liquids into the plant’s soil such as cleaning chemicals, alcohol or surgery fluids, or the use of toxic gases such as strong ammonia from cleaning and stripping.
k.The occurrence of other situations or Acts of God which are detrimental to plant survival and beyond the control of the Contractor.

Any additional service that would require the Contractor to rectify such damage would be reflected in additional charges. Any postponement of service by the Government that requires additional visits will be charged at the hourly rate established for additional services.

C.5. TRASH AND DEBRIS

The contractor is responsible for the removal of any dead leaves, trash, and debris that accumulate in planters. The area where plants/trees are located shall be clean and free of debris after each service. The contractor shall be responsible for any damage to floors that may occur during service.

C.6. Quality Control Plan (QCP) A Quality Control Plan (QCP) must be developed and submitted for approval to the CO and COR 15 calendar days prior to the start of the contract. Upon approval, the Contractor must implement the QCP to ensure contract compliance, and to ensure that potential problems with building equipment and systems are identified, documented, and resolved prior to failure. The QCP is a system for identifying and correcting deficiencies in the quality of services before the level of performance becomes unacceptable.

The QCP is a living document and may be subject to change depending on the needs of the contract. When the QCP is revised the Contractor is required to provide an updated QCP, maintenance schedule and listing of current employees to the CO and COR for acceptance.

The QCP shall include the following, as a minimum:

A. How the Contractor will control quality of supplies and services.

B. How project management, inspections, plan implementation, process improvement changes, correction of deficiencies, and green cleaning compliance will be accomplished.

C. An inspection plan or checklist tailored to the specific building(s) being cleaned and serviced under this contract. The inspection plan or checklist shall detail how services at the work site shall be inspected to ensure that the outcome of the work meets all the quality standards set forth in the Contract and shall include, but is not limited to:

· Date of inspection performed

· Location of inspection

· Description of findings

· Description of action(s) taken (if necessary)

· Signature and date of completion D. Contractor’s employee award and incentive program.

E. A training program to ensure the Contractor employees are capable of successfully accomplishing all work task(s) under this contract.

F. A contingency plan for separation of employees and employee absence.

G. How Contractor shall monitor deficiencies of work output in relation to the performance standards, methods of informing employees of deficiencies in their area(s) of responsibility, and a process to ensure that the deficiencies are corrected and do not reoccur.

H. Service calls and how they shall be monitored and satisfactorily responded to in a timely manner. Contractor shall include a method of recording customer calls, the time to complete the service call, and the corrective action taken. These records shall be made available for review by the COR.

I. A communication plan detailing how the Contractor’s method for using technology (two-way digital communication) to communicate with GSA to receive and respond to service calls, emergencies, status, etc.

C.7. Communication Requirements A. Quality Control Meetings: Meetings will be held between the Contractor and the COR. The purpose of these meetings will be to discuss the Contractor’s performance, areas of deficiencies, areas of satisfaction, and tenant needs or concerns. Frequencies of these meetings may be increased or decreased depending upon performance as determined by the COR.

B. Partnering Meeting: Partnering is working together towards a common interest or goal. The Contractor is required to attend at least one partnering session with GSA after the Post-Award conference. Other sessions may take place during the course of the contract at the option of either GSA or the Contractor. Both parties will re-visit the idea of having a partnering session on the anniversary date of the contract. Each partnering session will be held at a mutually agreed time and location.

The QCP shall be submitted to the CO and COR for review and acceptance. The Contractor is not authorized to start work until the QCP is accepted and the proper security clearances obtained. Refer to Section H of the solicitation, in regard to proper security clearance requirements.

C.8.Federal Requirements
A.The Contractor shall comply with all applicable federal, state and local laws, regulations and codes, including any supplements or revisions. The following list includes, but is not limited to, those publications required by this contract. The Contractor shall obtain all applicable licenses and permits.

The Contractor should note that federal buildings are subject to some state and local requirements (especially environmental). If a change in publication requires the Contractor to implement an action that will result in an increase or decrease in Contract price, the Contractor shall implement the required action and within 30 calendar days submit to the Contracting Officer a price proposal for such change. If the Contracting Officer determines an equitable adjustment is substantiated a modification to the Contract will be issued.

PUBLICATION

TITLE
PORTION
40 CFR
Clean Air Act
ALL

40 CFR

Public Law 94-580 Resource Conservation and Recovery Act of 1976 (RCRA) as amended.

Parts 243, 246, 247

Recovered Materials Advisory Notices

http://www.epa.gov/cpg
ALL
Comprehensive Procurement Guidelines (CPG)
http://www.epa.gov/cpg/about.htm
ALL

B. The Contractor shall give preference to supplies and products that are "environmentally preferable".

The list of Comprehensive Procurement Guideline (CPG) items and their associated Recovered Materials Advisory Notices (RMANs) are available at http://www.epa.gov/cpg. Contractor shall maintain the MSDS and shall advise the COR of their location. The MSDS will be available for inspection by the COR on request. The Contractor shall take every precaution to ensure that only safe products are used. Information can be obtained from Federal, State, and local agencies concerning safe chemical materials. An inventory list of products to be used under this contract shall be provided to the COR. This list shall be updated, with a copy provided to the COR, throughout the term of the contract. The COR shall contact the Contractor immediately if any item is deemed inappropriate for use under this contract.

C.9. Submittals Chart

ITEM
SUBMIT DATE or N/A
RECEIVED

Section C

YES
NO

Material Safety Data Sheets (MSDS)

Quality Control Plan

Work schedule(operation plan)

List of environmental preferable products and equipment

Section H

Written notice of designation of Contractor’s Representative
N/A for Contractor – Will be supplied to Contractor

Security Clearance an HSPD-12 Requirements

D. PACKAGING & MARKING

a. PAYMENT OF POSTAGE AND FEES

The Contractor shall pay all postage and fees related to submitting information forms, reports, etc.

b. MARKING

All information submitted to the Contracting Officer or the contracting Officer’s Representative shall clearly indicate the contract number of the contract for which the information is being submitted.

E. INSPECTION & ACCEPTANCE

a. CONTRACTOR RESPONSIBILITY

The Contractor is responsible for the day-to-day examination and monitoring of all work performed to ensure compliance with the contract requirements, according to the Quality Control Plan submitted by the Contractor. The examinations conducted shall be documented. The Contractor shall follow through to assure that all defects or omissions are corrected.

b. CONTRACTING OFFICER

The Contracting Officer has the overall responsibility for the administration of this contract. He/She alone, without delegation, is authorized, but not limited to take the following actions on behalf of the Government to: amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions on disputed deductions from contract payments for nonperformance or unsatisfactory performance; terminate the contract for convenience or default; issue final decisions regarding contract questions or matters under dispute. However, he/she may delegate certain other responsibilities to his/her authorized representatives

c. CONTRACTING OFFICER’S REPRESENTATIVE

Phillip Owen, COR 2010 15th Street, Room 149 Gulfport, MS 39501

(228) 563-1608 (Telephone)

(228) 563-1609 (Fax)

Demetrice Wraggs, Alternate COR 100 West Capitol Street, Room 326 Jackson, MS 39269

(601) 965-4449 ext. 22 (Telephone)

(601) 965-4511 (Fax)

The above named individuals may be designated as the Contracting Officer's Representative to assist the Contracting Officer in the discharge of his/her responsibilities when he/she is unable to be directly in touch with the contract work. The responsibilities of the Contracting Officer's Representative include, but are not limited to determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this contract. The COR will act as the Government's representative in charge of work at the site, ensuring compliance with contract requirements insofar as the work is concerned. In addition, the COR will advise the Contracting Officer of any factors which may cause delay in performance of the work.

d. GOVERNMENT QUALITY ASSURANCE

Quality Assurance Evaluators (QAE) are subordinates of the COR and are responsible for periodic inspection and monitoring of the Contractor's work. The responsibilities of the QAE include, but are not limited to, inspecting the work to ensure compliance with the contract requirements; documenting through written inspection reports the results of all inspections conducted; following through to assure that all defects or omissions are corrected; recommending deductions from contract payment for nonperformance or unsatisfactory performance; conferring with representatives of the Contractor regarding any problems encountered in the performance of the work; and generally assisting the COR in carrying out COR responsibilities.

Each phase of the services rendered under this contract is subject to Government inspection, during the Contractor’s operations and after completion of the tasks. The Government’s Quality Assurance Surveillance Program is not a substitute for Quality Control by the Contractor. All costs associated with rework are the responsibility of the Contractor. The Government reserves the right to choose the inspection methods to be used in implementing its Quality Assurance Program and to vary the inspection methods utilized during the work, without notice to the Contractor.

e. cancellation clause

Either the Government or the Contractor may cancel this contract. The cancellation date will be effective not less than 30 calendar days from the date on which the written cancellation notice is issued. Notice to cancel must be made by certified mail, return receipt requested, or by commercial overnight delivery service provided that service records the signature of the party to whom the notice was delivered. The Contractor is responsible for full performance of the contract until the effective cancellation date. Cancellation of the contract shall be regarded as neither termination for cause nor termination for convenience.

In the event this cancellation clause is exercised within the base contract period, GSA reserves the right to use original acceptable bid offers to award this contract to the firm which offers the best value to the Government.

This clause is not meant to be a substitution for a Termination for Default or a Termination for Convenience. The decision on which termination clause to use will vary on a case-by-case basis.

f. FAilure to perform

In the event work is performed unsatisfactorily, the Contractor will be requested in writing to correct the deficiencies within 10 calendar days. If the work remains deficient, the COR may have the work accomplished by other means and deduct the cost thereof from the monthly payment due the Contractor.

F. DELIVERIES OR PERFORMANCE

a. place of performance

The services to be provided under this contract shall be accomplished at the following building(s):

MS0006AAMS0009AA
Dan M. Russell, Jr. Federal Building-CourthouseDan M. Russell, Jr. Courthouse Annex
2010 15th Street2012 15th Street
Gulfport, MS 39501Gulfport, MS 39501
MS0072ZZMS0007ZZ
William M. Colmer FB-CTU.S. Courthouse
701 Main Street501 East Court Street
Hattiesburg, MSJackson, MS

b. term of contract

After award, and upon acceptance of the Contractors approved Quality Control Plan, the successful Contractor will be given a written notice to proceed, and shall provide contractual services for a twelve-month period. This service requirement is subject to the availability of appropriations, in accordance with GSAR clause 552.232-73, Availability of Funds, Part II, Section I), commencing on the date specified in the notice to proceed. Work under this contract is expected to commence on or about November 1, 2014. If possible, the notice to proceed will provide for at least 30 working days preparation time before commencement of work.

c. option to extend the terM of the contract

The Government shall have the unilateral option of extending the term of this contract for:

A. The Government shall have the unilateral option of extending the term of this contract (see clause FAR 52.217-9, OPTION TO EXTEND THE TERM OF THE CONTRACT - SERVICES, Part II, Section I). The same terms and conditions contained in this contract shall apply to each option exercised. Options shall be exercised upon written notification (mailed or otherwise furnished) to the Contractor at least thirty (30) calendar days prior to the expiration of the contract

The exercise of options is a Government prerogative, not a contractual right on the part of the Contractor. If the Government exercises an option(s) within the prescribed time frames, the Contractor shall be bound to perform the services for the option period(s) or be subject to the default provisions of the contract

B. One (1) six-month extension (see clause FAR 52.217-8, OPTION TO EXTEND SERVICES). The same terms and conditions contained in this contract shall apply to the six-month period. This option shall be used to insure continuous service in the event of a delay in award of a subsequent contract or for other administrative reasons. Such notice of intent to extend service shall be given the Contractor in writing at the earliest possible time, but not less than 15 days prior to the contract expiration date. The option shall be exercised upon written notification (mailed or otherwise delivered) to the Contractor at least 15 calendar days prior to the expiration of the contract.

The Government shall reserve the right to exercise “no cost” termination of the service upon 15 days written notice to the Contractor at any time during the six-month extension period. The exercise of options is a Government prerogative, not a contractual right on the part of the Contractor. If the Government exercises the option(s) within the prescribed time frames, the Contractor shall be bound to perform the services for the option periods or be subject to the default provisions of this contract.

G. CONTRACT ADMINISTRATION DATA

a. payment (general)

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. Payment will be made in the form of a Department of Treasury check with the letters GSA shown below the dollar amount of the check. Do not mail the check back.

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