Sec_G_Contract_Adminstration_Data_++Amend_0001.pdf

G. CONTRACT ADMINISTRATION DATA

G.1. POINTS OF CONTACT FOR CONTRACT ADMINISTRATION

In order to expedite administration of the contract, the Contractor will direct inquiries to the appropriate point of contacts.

Contract Specialist: Sharon McCreary sharon.mccreary@gsa.gov 817-850-8400

Contracting Officer: Derek Gadberry derek.gadberry@gsa.gov 817-978-7170

Contracting Officer Representative: Doyle Moore doyle.moore@gsa.gov 214-325-2863

G.2. ADMINISTRATIVE FUNCTIONS AND LIMITATIONS

The Contracting Officer will delegate the day-to-day administrative duties under this contract to the Contract Specialist; however, the Contracting Officer has the overall responsibility for the administration of this contract.

Only the Contracting Officer can amend, modify, or deviate from the contract terms, conditions, requirements, specifications, 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; and/or issue final decisions regarding contract questions or matters under dispute.

G.2.1 The Contracting Officer’s Representative (COR) will assist the Contracting Officer in certain delegated administrative duties under this contract. In accordance with Section E, Inspection and Acceptance, the COR will accomplish inspection and acceptance of deliverables and monitor contractor performance under this contract.

The COR does not have the authority to alter the Contractor's obligations or change the terms and conditions of the contract. If, as a result of technical discussions, it is desirable to alter contract obligations or the statement of work, a modification must be issued in writing and signed by the Contracting Officer. Unless terminated sooner, this appointment is effective for the period of performance of this contract including any options, if exercised. No change in COR assignment shall be made without written notice by the Contracting Officer, who will modify the contract to reflect the change of COR assignment.

G.2.2 The COR may delegate to Contact Inspectors the day-to-day inspection and monitoring of the Contractor's work. The responsibilities of the Contract Inspectors 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, withholding of monthly contract payment for nonperformance or unsatisfactory performance; conferring with representatives of the Contractor regarding any problems encountered in the performance of the work.

G.3. PAYMENT

The General Services Administration (GSA) Finance Division (7BCP), P.O. Box 17181, Fort Worth, TX 76102- 0181, is responsible for payments under this contract. Payment for any service rendered will be due in accordance with the Prompt Payment clause in Section I, Contract Clauses. In the event the contract begins or mailto:sharon.mccreary@gsa.gov mailto:derek.gadberry@gsa.gov mailto:doyle.moore@gsa.gov ends prior to the last day of month, payments will be prorated based on the number of workdays in the respective month

G.4. SUBMISSION OF INVOICES FOR RECURRING MONTHLY SERVICES

Payment for recurring monthly services will be made on the basis of a monthly invoice, in arrears. Invoices must be submitted to GSA's Office of Finance, either through electronic invoicing or by mail. A courtesy copy shall be provided to the CO upon submission to the GSA Office of Finance. The preferred means of submitting invoices is by electronic invoicing through the GSA web site. For further information regarding electronic invoicing, please contact the GSA Fort Worth Finance Center Customer Support Group at (817) 978-2408.

The mailing address for GSA’s Office of Finance for invoices is:

General Services Administration Finance Division (7BCP) P.O. Box 17181 Fort Worth, TX 76102-0181

G.5. KEY CONTRACTOR PERSONNEL FOR OPERATIONS AND MAINTENANCE

G.5.0 “amendment 0001” The Contractor agrees to assign to the contract tasks those persons whose resumes were approved by the COR and who are necessary to fulfill the requirements of the contract as "key personnel".

No substitutions may be made except in accordance with this clause.

G.5.1 The Contractor understands that during the first ninety (90) days of the contract performance period, no personnel substitutions will be permitted unless these substitutions are unavoidable because of the incumbent's sudden illness, death or termination of employment. In any of these events, the Contractor shall promptly notify the Contracting Officer “amendment 0001”. After the initial ninety (90) day period the Contractor must submit to the Contracting Officer all proposed substitutions, in writing, at least thirty (30) days in advance (sixty (60) days if security clearance must be obtained) of any proposed substitution. “amendment 0001”

G.5.2 Any request for substitution must include a detailed explanation of the circumstances necessitating the proposed substitution, a resume for the proposed substitute, and any other information requested by the Contracting Officer. Any proposed substitute must have qualifications equal to or superior to the qualifications of the incumbent. The Contracting Officer or his/her authorized representative will evaluate such requests and promptly notify the Contractor of his/her approval or disapproval thereof.

G.5.3 In the event that any of the identified key personnel cease to perform under the contract and the substitute is disapproved, the contract may be immediately terminated in accordance with the termination clause of the contract.

The Contractor will provide to the Contracting Officer the names, titles, e-mail addresses, and phone numbers of key personnel at time of award.

G.6 SUSPENSION OF WORK

G.6.1 Definitions

Essential employees may be essential for conducting regular operations, and may even be required to report to work during hazardous weather conditions, but they are not necessarily excepted when those regular operations cease under a funding lapse.

Excepted employees must be performing specific functions allowed by law and defined in GSA Order ADM 4220.1F. Some functions would include protecting Federal lands, buildings, waterways, equipment, and other U.S. property, and supporting, providing services to, or otherwise enabling others to perform excepted functions.

G.6.2 In the event services are not provided or required by the Government because the building(s) is/are closed due to inclement weather (not including essential personnel), under construction, unanticipated holidays declared by the President (see note), failure of the Congress to appropriate funds (not including excepted personnel or services per GSA Order ADM 4220.1F), etc., reductions will be computed as follows:

G.6.2.1 The reduction rate in dollars per day will be equal to the per month contract price for the building(s), divided by the number of working days per month.

G.6.2.2 The reduction rate in dollars per day multiplied by the number of days services were not provided or required. In the event services are provided for portions of day(s), appropriate adjustments will be made by the CO to assure the Contractor is compensated for services provided.

Note: Deductions will not be assessed for service requirements on those days in which services are not required by the Government because the building(s) is/are closed due to an unanticipated Federal Holiday declared by the President, IF contractor employees are paid for such day(s) off in accordance with the applicable wage determination and/or collective bargaining agreement.

G.6.3 In the event services are not provided or required by the Government because the building(s) is closed due to inclement weather, under construction, unanticipated holidays declared by the President, failure of the Congress to appropriate funds, etc., reductions will be computed as follows:

G.6.3.1 The reduction rate in dollars per day will be equal to the per month contract price for the building(s), divided by the number of working days per month.

G.6.3.2 The reduction rate in dollars per day multiplied by the number of days services were not provided or required. In the event services are provided for portions of days, appropriate adjustments will be made by the CO to assure the Contractor is compensated for services provided.

G.7. REDUCTIONS IN SPACE

G.7.1 Temporary Reduction of Space When blocks of cleanable space totaling at least 4,000 square feet (372 square meters) are expected to remain unoccupied for at least 30 calendar days, but less than 180 calendar days, deductions will be made from the monthly payments due the Contractor. The COR will notify the Contractor or his/her representative, in writing, of the effective date the areas are to be dropped and/or returned to the normal cleaning schedule at least three (3) full working days in advance of these dates.

The period for deducting for unoccupied space will begin on the effective date as stipulated in writing by the COR, and will continue until the effective date in which the cleaning is resumed. The 4,000 square feet (372 square meters) may be made up of small blocks of space. Subsequent blocks of space less than 4,000 square feet (372 square meters) may be added after the initial 4,000 square feet (372 square meters) threshold is met. Blocks of unoccupied space in each facility covered by this contract may be combined when determining square footages for reduction. The amount of the deduction will be computed as follows:

G.7.1.1 The total number of square feet unoccupied shall be divided by 4,000 (372 if using square meters) to reflect the approximate number of hours the cleaning effort will be reduced. 4,000 (372 if using square meters) represents the approximate number of square feet an employee can accomplish in a period of one hour.

G.7.1.2 The total number of hours as determined under Paragraph (1) multiplied by the current minimum hourly wage rate for janitors, inclusive of hourly health and welfare benefits, as established by the U. S. Department of Labor, Wage and Hour Division and/or Collective Bargaining Agreement, will determine the deduction rate per day.

NOTE: In the event a wage determination has not been issued by the U.S. Department of Labor, the Federal Minimum Wage established by Section 6(a)(1) of the Fair Labor Standards Act (29 USC Section 201-219) shall apply.

G.7.1.3 The deduction rate per day as established under Paragraph (b) shall be multiplied by the number of work days the space was not occupied. THIS WILL DETERMINE THE TOTAL DOLLAR DEDUCTION TO BE TAKEN.

G.7.2. Long Term Reduction of Space When blocks of cleanable space of any size are expected to remain unoccupied for at least 180 calendar days, the CO will negotiate a modification to the contract that reflects a reduced price. The modification will consider all applicable costs (i.e., labor, materials, supplies, equipment, general and administrative costs, supervision, subcontracts, profit, etc.).

G.7.3. Restoration of Space:

The COR will notify the Contractor or his/her representative, in writing, of the effective date the areas are to be returned to the normal cleaning schedule at least three (3) full working days in advance of these dates. When space is restored to the contract by either temporary or long term space reductions methods listed above, it will be restored using the methodology with which it was removed.

G.8. EVALUATING CONTRACTOR PERFORMANCE

Past performance information is relevant information, for future source selection purposes, regarding a contractor’s actions under a previously awarded contracts. It includes, for example, the contractor’s record of conforming to contract requirements and to standards of good workmanship, the contractor’s record of forecasting and controlling costs, the contractor’s adherence to contract schedules, including the administrative aspects of performance, the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction, the contractor’s reporting into databases, the contractor’s record of integrity and business ethics, and generally, the contractor’s business-like concern for the interest of the customer.

The GSA, Public Buildings Service (PBS), will begin using the Contractor Performance Assessment Reporting System (CPARS) modules as the secure, confidential, information management tool to facilitate the performance evaluation process (http://www.cpars.gov/). CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor.

GSA PBS will evaluate interim contractor performance on an annual basis and final contractor performance upon contract completion. Evaluations of contractor performance will be provided to the contractor as soon as practicable after completion of the evaluation. Contractors will be given a minimum of 30 days to submit comments, rebutting statements, or additional information. GSA PBS will provide for review at a level above the http://www.cpars.gov/ contracting officer to consider disagreements between the parties regarding the evaluation. The ultimate conclusion on the performance evaluation is a decision of the contracting agency. Copies of the evaluation, contractor response, and review comments, if any, shall be retained as part of the evaluation. These evaluations may be used to support future award decisions, and should therefore be marked “Source Selection Information.”

The GSA PBS Contracting Officer will use the past performance point of contact listed on the contractors Central Contractor Registration (CCR) profile as the default past performance POC. This is the person that will receive CPARS email alerts.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used by Federal Agencies to support future award decisions.

G.9. CRITERIA FOR DEDUCTIONS

G.9.1. General It is the objective of the Government to obtain complete and satisfactory performance in accordance with the terms of the specifications and requirements in this contract. To this end, the Government is contracting for the complete performance of each task identified in the specifications. In the event that inadequate performance or nonperformance of a task occurs, the Government will make the determination to either

A. Reduce the monthly payment as stipulated in the Criteria for Deductions or

B. Withhold payment until performance is acceptable or

C. Have the work performed by other means.

Should the Government have the work performed by other means; a deduction will be taken in the amount of the actual cost to the Government for having the work performed by other means. A monetary reduction to the contract price for nonperformance of work under this contract, or for deficiencies in the performance of work, and administrative costs for time and material costs incurred by Government personnel to correct or respond to the unsatisfactory event, will be taken. Inadequate performance is just as undesirable as nonperformance, and the cost of correcting inadequate performance may equal or exceed the cost of initial performance. Therefore, the deduction criteria in this Section shall control in all cases, as distinguished from the Contractor's estimated cost to perform the work.

G.9.2. Withholding Monies for Non-Submission of Reports If the contractor fails to prepare and/or submit acceptable reports (within the required time frame) as required in this contract, this may be construed to mean that the contract work has not been performed and the Government will withhold all payments until the required reports are satisfactorily completed and/or submitted to the COR.

G.9.3. Withholding Monies for Failure to Maintain and/or Provide Parts If the Contractor fails to provide the parts specified in this contract, within 24 hours of establishment of the need for such parts, the Government will withhold all payments until the required parts are provided and are satisfactory to the COR.

G.9.4 Criteria for Mechanical Deductions

CAUSE OF DEDUCTION CALCULATION OF DEDUCTION

1. Failure of the Contractor to have adequate qualified personnel on-site as specified in

1. An amount per man hour will be deducted for each hour, or portion thereof, that the Contractor fails to

Contractor’s accepted technical proposal or CO approved revision.

have adequate qualified personnel on-site. The man hour calculation shall be based on total number of personnel proposed minus the total number of personnel provided, this sum multiplied by the number of hours that full staffing was not provided. The amount of deduction per hour includes the wage rate of the position with unqualified or vacant personnel, health and welfare, pension (when applicable), workman’s compensation, Social Security and Medicare. Rates will be determined by the DOL Wage Determination or

Union Agreement that applies to these personnel.