RFP II 09-17-09.doc

PART II – CONTRACT CLAUSES

FAR 52.212-5

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (AUG 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

FORMCHECKBOX

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

FORMCHECKBOX

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

FORMCHECKBOX

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

FORMCHECKBOX

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

FORMCHECKBOX

(4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

FORMCHECKBOX

(5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

FORMCHECKBOX

(6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

FORMCHECKBOX

(7) [Reserved]

FORMCHECKBOX

(8) (i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

FORMCHECKBOX

(ii) Alternate I (Oct 1995) of 52.219-6.

(iii) Alternate II (Mar 2004) of 52.219-6.

FORMCHECKBOX

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

Alternate I (Oct 1995) of 52.219-7.

Alternate II (Mar 2004) of 52.219-7.

FORMCHECKBOX

(10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

FORMCHECKBOX

(11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)).

Alternate I (Oct 2001) of 52.219-9.

Alternate II (Oct 2001) of 52.219-9.

FORMCHECKBOX

(12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

FORMCHECKBOX

(13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

FORMCHECKBOX

(14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

Alternate I (June 2003) of 52.219-23.

FORMCHECKBOX

(15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

FORMCHECKBOX

(16) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

FORMCHECKBOX

(17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

FORMCHECKBOX

(18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

FORMCHECKBOX

(19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

FORMCHECKBOX

(20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).

FORMCHECKBOX

(21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

FORMCHECKBOX

(22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

FORMCHECKBOX

(23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

FORMCHECKBOX

(24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

FORMCHECKBOX

(25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

FORMCHECKBOX

(26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O.13201).

FORMCHECKBOX

(27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

FORMCHECKBOX

(28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

FORMCHECKBOX

(29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

FORMCHECKBOX

(30) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

Alternate I (Dec 2007) of 52.223-16.

FORMCHECKBOX

(31) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

FORMCHECKBOX

(32) (i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

Alternate I (Jan 2004) of 52.225-3.

Alternate II (Jan 2004) of 52.225-3.

FORMCHECKBOX

(33) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

FORMCHECKBOX

(34) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

FORMCHECKBOX

(35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

FORMCHECKBOX

(36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

FORMCHECKBOX

(37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

FORMCHECKBOX

(38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

FORMCHECKBOX

(39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

FORMCHECKBOX

(40) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

FORMCHECKBOX

(41) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

FORMCHECKBOX

(42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

FORMCHECKBOX

(43) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

FORMCHECKBOX

(1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

FORMCHECKBOX

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

FORMCHECKBOX

(3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

FORMCHECKBOX

(4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

FORMCHECKBOX

(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

FORMCHECKBOX

(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

FORMCHECKBOX

(7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

FORMCHECKBOX

(8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

FORMCHECKBOX

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

GSAM 552.212-71

CONTRACT TERMS AND CONDITIONS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL ITEMS (JUL 2003)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Provisions.

FORMCHECKBOX

552.237-70 Qualifications of Offerors

(b) Clauses.

FORMCHECKBOX

552.203-71 Restriction on Advertising

FORMCHECKBOX

552.211-73 Marking

FORMCHECKBOX

552.215-70 Examination of Records by GSA

FORMCHECKBOX

552.215-71 Examination of Records by GSA (Multiple Award Schedule)

FORMCHECKBOX

552.215-72 Price Adjustment—Failure to Provide Accurate Information

FORMCHECKBOX

552.219-70 Allocation of Orders—Partially Set-Aside Items

FORMCHECKBOX

552.229-70 Federal, State, and Local Taxes

FORMCHECKBOX

552.232-8 Discounts for Prompt Payment

FORMCHECKBOX

552.232-23 Assignment of Claims

FORMCHECKBOX

552.232-71 Adjusting Payments

FORMCHECKBOX

552.232-72 Final Payment

FORMCHECKBOX

552.232-73 Availability of Funds

FORMCHECKBOX

552.232-78 Payment Information

FORMCHECKBOX

552.237-71 Qualifications of Employees

FORMCHECKBOX

552.238-71 Submission and Distribution of Authorized FSS Schedule Price List

FORMCHECKBOX

552.238-74 Industrial Funding Fee and Sales Reporting

FORMCHECKBOX

552.238-75 Price Reductions

FORMCHECKBOX

552.242-70 Status Report of Orders and Shipments

FORMCHECKBOX

552.243-72 Modifications (Multiple Award Schedule)

FORMCHECKBOX

552.246-73 Warranty—Multiple Award Schedule

FORMCHECKBOX

552.246-76 Warranty of Pesticides

ADDENDUM TO PROVISIONS/CLAUSES

FAR 52.252-2

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.arnet.gov/far http://www.arnet.GSAM/gsam.html

ADDENDUM TO PROVISIONS/CLAUSES INCORPORATED IN FULL TEXT

1.

FAR 52.216-1

TYPE OF CONTRACT (APR 1984)

The Government contemplates the award of an Indefinite Delivery/Indefinite Quantity Contract resulting from this solicitation.

This contract procures a firm quantity of services in the monthly price. The ability to procure additional services through the issuance of task orders during the contract period is also available.

The Government reserves the right to obtain required services using other procurement methods.

2.

FAR 52.216-18

ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from January 1, 2010 through December 31, 2019.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

3.

FAR 52.216-19

ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $10,000,000.00;

(2) Any order for a combination of items in excess of $10,000,000.00; or

(3) A series of orders from the same ordering office within thirty (30) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

4.

FAR 52.216-22

INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of the contract period.

5.

FAR 52.217-8

OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within thirty (30) days.

6.

FAR 52.217-9

OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within forty-five (45) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed ten (10) years and six (6) months.

7.

GSAM 552.217-71

NOTICE REGARDING OPTION(S) (NOV 1992)

The General Services Administration (GSA) has included an option to purchase additional quantities of supplies or services and to extend the term of this contract in order to demonstrate the value it places on quality performance by providing a mechanism for continuing a contractual relationship with a successful Offeror that performs at a level which meets or exceeds GSA’s quality performance expectations as communicated to the Contractor, in writing, by the Contracting Officer or designated representative. When deciding whether to exercise the option, the Contracting Officer will consider the quality of the Contractor’s past performance under this contract in accordance with 48 CFR 517.207.

8.

THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT ADMINISTRATION

(a) The Contracting Officer (CO) has the overall responsibility for the administration of this contract. She/he 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, she/he may delegate certain other responsibilities to her/his authorized representatives.

(b) The Contract Specialist (CS) may be assigned a contract project, but does not have signatory authority. The CS handles contract administration responsibilities and is the first point of communication for contractual issues.

(c) The individual designated as the Contracting Officer's Representative (COR) shall assist in the discharge of responsibilities when the CO is unable to be directly in touch with the contract work. The responsibilities of the COR include, but are not limited to: determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this contract; acting as the Government's representative in charge of work at the site; ensuring compliance with contract requirements insofar as the work is concerned; and advising the CO of any factors which may cause delay in performance of the work. The Regional Quality Assurance Program will executed by the COR monthly or interval determined by CO.

(d) CO, CS and COR designation names will be issued by a letter to the Contractor, identifying individual name, address and phone number.

9.

APPOINTMENT OF ORDERING OFFICER(S)

(a) The appointment of the Ordering Officer(s) will be issued by letter to the Contractor, identifying the name or activity, address, phone number and any dollar ordering limitations.

(b) The Ordering Officer(s) is/are responsible for issuing and administering any orders placed hereunder. Ordering Officers may negotiate revisions/modifications to orders, but only within the scope of this contract. Ordering Officers have no authority to modify any provision of this basis contract. Any deviation from the terms of the basis contract must be submitted to the CO for contractual action. Ordering Officers may enter into mutual no-cost cancellations of orders under this contract and may reduce the scope of orders/tasks, but Terminations for Cause or Terminations for Default shall be issued only by the CO.

10.

TASK ORDER PROCEDURES (ADDITIONAL SERVICES)

(a) Additional Services (Indefinite Quantity Provisions) (1) General

The Contracting Officer (CO) may order additional services at his or her discretion. Additional services may include any services related to Operations & Maintenance (O&M) and repairs, systems upgrades, system operations, or tenant services within covered facilities but not covered within basic services (i.e., not already a requirement of the contract). Orders below $2,500.00 shall be placed only by trained and authorized personnel with a valid Governmentwide commercial purchase card.

(2) Price Proposal for Additional Services Work

At the request of the CO or COR, the Contractor must provide a price proposal to accomplish an additional services job within 48 hours of the request. The price proposal must follow the pricing guidelines described in this document. Price proposals for additional services become firm fixed price on acceptance and order by the Government. Although price negotiation and determination of price reasonableness is made on the basis of labor, materials and subcontract costs following the pricing guidelines described in this document, the price accepted is not adjusted after completion of work to actual man-hours or actual materials cost.

(3) Pricing The Contractor’s price proposal for additional services shall follow the guidelines described below.

(4) Parts and Materials If parts or materials are required for a project, the Government may provide the parts or materials (See Paragraph 11, Ordinances, Taxes, Permits and Licenses and Exhibit H) or the Contractor may be asked to provide the parts and materials. Parts and materials must be priced at estimated actual cost marked up by the Contractor’s fee in the price schedule if stated. The CO or COR may accept a different markup rate for parts and materials if the Contractor can demonstrate unusual costs or difficulties in obtaining the parts or materials. Price proposals must use the labor rates established in the price schedule, unless work is subcontracted. The labor categories in the price schedule correlate with the categories in the Service Contract Act Directory of Occupations. The rate will be determined by the nature of the work, not the usual job classification of the individuals performing the work.

(5) Subcontracts If work is to be subcontracted, the subcontracted part of the work is to be priced at actual cost to the Contractor, marked up by the standard coefficient in the price schedule.

(6) Cost Documentation If the Contractor provides the parts and materials, or if work is subcontracted, the Contractor must furnish on request copies of invoices, vendor quotes, or receipts, either with the Contractor's proposal or as substantiating documentation with the Contractor's invoice after completion of work.

(7) Competitive If a single part or component, or a single type (line item) of parts, components, or materials for a project is anticipated to equal or exceed $2,500.00, the CO may require that the Contractor obtain three bids from suppliers and include documentation of these bids with his proposal. If subcontract work is anticipated to cost more than $2,500.00, the CO may require that the Contractor obtain three bids from potential subcontractors and include documentation of these bids with his proposal.

(8) Method of Ordering and Invoicing The CO or a COR may order work priced less than $2,500.00 orally. The CO shall issue a task order on a GSA Form 300 for work costing more than $2,500.00.

(9) Initiators of Task Orders

All requests for additional reimbursable work and task assignments will be initiated by the Property Manager (PM) and/or COR via submission to the CO for issuance of the actual order itself.

11.

INSURANCE REQUIREMENTS

Evidence of insurance is to be provided to the address below before performance begins on the contract:

Lani Matsumoto General Services Administration

PBS, Facilities Management & Services Program Division

Facilities Operations Support Branch Service Contracts Team (10PMMQ)

400 15th Street SW

Auburn, WA 98001-6599

(a) Worker's Compensation and Employer's Liability:

The Contractor is required to comply with applicable Federal and State Worker's compensation and occupational disease statutes; however, notwithstanding the permissibility of deductibles under those statutes, occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy. Employer's liability coverage of at least $100,000 for each accident shall be required except in states with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

Even though the laws of a State might allow a Contractor to be a non‑subscriber to worker's compensation, the Contractor is required to carry and maintain worker's compensation insurance (without any deductibles) and employer's liability insurance. If occupational diseases are not covered under the worker's compensation policy, it shall be covered under the employer's liability section of the insurance policy.

Employer's liability insurance coverage shall be as specified in paragraph “(a)” above.

(b) General Liability Insurance:

General Liability insurance coverage written on the comprehensive form of policy is required in the amount of $500,000 per occurrence for bodily injury, $50,000 per occurrence for property damage.

12.

RECORDING PRESENCE

Each contract employee must sign in when reporting for duty and sign out when leaving at the end of the workday and follow card access requirements as directed by the COR. The Contractor shall accumulate GSA Form 139 (Record of Time of Arrival and Departure from Building) or other designated form for use in recording presence each calendar week, certify in writing on each form that the information shown is true and correct and, within five (5) calendar days of week’s end, and turn them over to the COR or designee.

13.

IDENTIFICATION CREDENTIAL

(a) Upon receipt of a favorable suitability determination, each Regular or Temporary Employee shall be issued an identification credential (Credential) permitting regular access to the building(s) were work is being performed.

(b) Regular or Temporary Employees with Credentials shall be required to comply with all applicable access security screening procedures applicable to Government or other personnel possessing similar Credentials.

(c) All Contractor or subcontractor employees possessing Credentials shall visibly display their Credentials at all times while in the building(s) where work is being performed.

(d) The Contractor shall be responsible for ensuring that all identification credentials are returned to the Government when a particular Contractor or subcontractor employee will no longer be providing service under the contract at the building(s) covered by the Credential.

(e) The Contractor will notify the Government when Credentials are lost. In that event, the Contractor will be responsible for reimbursing the Government for its cost in issuing a replacement Credential.

14.

REMOVAL FROM CONTRACT WORK

(a) Notwithstanding any other provision of this Contract, the Contracting Officer or his/her representative may demand the immediate removal of any contractor employee from the work site when such employee is determined, in the Government’s sole discretion, to be incompetent, careless, insubordinate, unsuitable or otherwise objectionable.

(b) A contractor employee may also be removed where the continued employment of the contractor employee in connection with the Government work is deemed, in the Government’s sole discretion, contrary to the public interest, inconsistent with the best interests of security, or a potential threat to the health, safety, security, general well being or operational mission of the facility and its population.

(c) The Contractor shall be responsible for providing replacement employees in cases where contract employees are removed.

15.

SENSITIVE BUT UNCLASSIFIED (SBU) BUILDING INFORMATION

Dissemination of sensitive but unclassified paper and electronic building information shall be made on a “need to know” basis in accordance with GSA Order PBS P 3490.1. Among other things, that Order requires that SBU building information be properly labeled, and that the recipient executes a Document Security Notice.

16.

SECURITY CLEARANCE REQUIREMENTS (NON-CLASSIFIED CONTRACT)

Unless otherwise specified, the Contractor must submit to the Security Point of Contact within 10 work days after award: (1) One SF 85P Questionnaire for Public Trust Positions; (2) Two sets of completed Form FD-258 Fingerprinting Cards; (3) FPS Contractor Suitability Adjudication Transmittal Worksheet; (4) SF 86A Continuation Sheet for SF 85P, SF 85, and SF 86 (if needed) all employees who have access to the building in performance of the contract work. The fingerprint cards (FD-258) must be stamped “Federal Protective Services’ (FPS) ORI”. These Government furnished forms will be submitted for new and replacement employees before entrance on duty. The Contractor is responsible for all cost associated with security clearance requirements.

Contract employees that fail to submit all the required documents and are found working at a GSA facility will be immediately removed from the facility until all of the required documents have been submitted.

The FPS will conduct a name check utilizing the National Crime Information Center (NCIC) to determine the existence of a criminal record no later than five (5) working days after receipt of the required forms. If no negative information is received, the COR will be advised that the contract employee has received a “Suitable” Notice of Initial Adjudication (NIA). The COR will then notify the contractor the employee is allowed to work the contract. However, this check does not necessarily mean there is absolutely no criminal history record on the individual. The FD-258 fingerprint card findings will substantiate the Notice of Final Adjudication determination.

If FPS personnel receive evidence of disqualifying criminal history information, they will immediately advise the COR that the contract employee has received an “Unsuitable” NIA. The COR will advise the contract employer that the employee is “Unsuitable” and a Notice of Final Adjudication determination must be rendered. Until that check is completed, the individual in question will not be allowed access in the Federal building as a GSA contract employee.

A person who receives an “Unfavorable” Notice of Final Adjudication determination will be provided a reasonable time (30 days) to challenge the accuracy of the information contained in the FBI criminal history records; past employment history and/or State criminal history repositories; or to provide additional facts, proof and supporting documents outlining any mitigating circumstances affecting any information maintained in the criminal history records.

All contract employees that receive a “Favorable” Notice of Final Adjudication receive a clearance valid for five (5) years from the Notice of Final Adjudication date. Contract employees cleared through this process while employed by a Contractor who is subsequently replaced by another Contractor must submit another set of clearance forms if the employee has not been cleared within the last five years, or if required by the COR.

In emergency situations, such as when a replacement is needed for a long-term contract employee, due to illness or other unforeseen events, a substitute contract employee may be granted access to the facility. The Property Manager must ensure that the employee is escorted while they are performing their assigned contract duties or their work is limited to public areas and normal public access times, until the new employee has received a “Suitable” NIA clearance.

Escort personnel must be one of the following:

FPS Personnel

Other GSA Public Buildings Service (PBS) Personnel

Contract Security Personnel

Tenant Agency Personnel

Other Contract Worker with FPS Clearance

Contract applicants will not be cleared or granted access for work in judicial offices if they have been convicted of a felony.

17.

SUITABILITY DETERMINATIONS

(a) All contract employees requiring routine unescorted access to Federally-controlled facilities and/or information systems for more than six (6) months (Regular Employees) will be required to undergo a suitability determination before a facility identification card is issued. Prior to the time that an identification card is issued, such Regular Employees will be required to comply with normal facility access control procedures including sign-in, temporary badging, and escorted entry, as applicable

(b) Failure of a Regular Employee to receive a favorable suitability determination shall be cause for removal of the employee form the work site and from other work in connection with the contract.

(c) Contract employees working less than six (6) months (Temporary Employees) may, at the Government’s option, be required to undergo a “low risk” or standard HSPD-12 compliant suitability determination. Prior to the time that an identification card is issued, if at all, such

Temporary Employees will be required to comply with normal facility access control procedures, including sign-in, temporary badging, and escorted entry, as applicable.

(d) Temporary Employees who have not received a favorable suitability determination shall be escorted at all times while in non-public space, as directed by the Government.

(e) The Government, at its sole discretion, may grant temporary suitability determinations to Regular or Temporary Employees. However, the granting of a temporary suitability determination to any such employee shall not be considered as assurance that a favorable suitability determination will follow.

(f) The Contracting Officer or his/her designated representative shall provide the Contractor with required forms for obtaining necessary clearances. The Contractor shall be required to cause such forms to be returned to the Government for processing not later than fourteen (14) days following being provided by the Government.

(g) The Contractor shall be responsible for planning and scheduling its work in such a manner as to account for facility access issues. Difficulties encountered by the Contractor in gaining access of facilities by its employees and subcontractors shall not be an excuse to any Contractor performance under the contract.

18.

COMPLIANCE WITH SECURITY REQUIREMENTS

(a) The Contractor shall comply with all GSA and tenant agency security requirements in the building(s) where work is being performed.

(b) When a controlled personnel identification access system is used by a tenant agency at a site where work is performed, the tenant agency will be responsible for providing any required access credentials. Credentials shall be displayed at all times or as otherwise required by the tenant agency.

19.

ESCORT REQUIREMENTS

It may be necessary to escort temporary contract employees who do not have favorable preliminary or final suitability determinations and must work in federally controlled space. In those cases, all un-cleared contract employees must be escorted in nonpublic space by a Government employee or another responsible cleared contract employee who is approved by the CO or designee. Other Government agencies may have specific agency security requirements for their own space that may only allow escort by Government employees or those designated by their agency. Government employees or approved cleared contract employees who provide escorts for un-cleared contract employees must always be in close proximity and within eyesight of the un-cleared contract employee. The contract escort must watch un-cleared employees and remain with un-cleared contract employees for the entire time they are in the building and or federally controlled space. Un-cleared employees cannot be left alone or out of eyesight at anytime they are in nonpublic space. A cleared and approved escort may not allow several un-cleared contract employees to be in federally controlled space, that is not within close proximity and within eyesight at all times. A cleared and approved escort may not allow multiple un-cleared employees in non public space on different parts of one floor or different floors at the same time. Any security violation of escort requirements by a cleared and approved contract employee will result in the immediate removal from the contract of all contract employees involved, i.e., escorts and un-cleared escorted contract employees. Also, violations of escort requirements by contract employees in accordance with security requirements may be grounds for termination of the contract.

20.

DISCREPANCY IN THE SPECIFICATIONS

In any case of discrepancy in the specifications, the matter must be immediately submitted to the CO. The decision of the CO as to the proper interpretation of the specifications shall be final in accordance with the Disputes clause of this contract.

21.

ORDINANCES, TAXES, PERMITS AND LICENSES

Without additional expense to the Government, the Contractor must fully comply with all local, city, State, and Federal laws, regulations, and ordinances. The Contractor will also be liable for all applicable Federal, State, and local taxes and must obtain and pay for all permits and licenses governing performance under the contract. See EXHIBIT H, “WASHINGTON STATE TAXES ON FEDERAL CONTRACTS”.

22.

AFFIRMATIVE PROCUREMENT PROGRAM (APP)

As a Federal procuring agency, GSA is required by the Resource Conservation and Recovery Act (RCRA), Section 6002 and Letter 92-4 and Executive Order (EO) 13423, Strengthening Federal Environmental, Energy, and Transportation Management, to procure and use products containing post consumer content (recycled material) environmentally preferable and bio based products. RCRA Section 6002 and Letter 92-4 require Federal agencies to develop and implement an Affirmative Procurement Program to facilitate the procurement of these products.

(a) Affirmative Procurement Products In addition to the regulatory requirements specified in section C of the specification, the Contractor must consider the following practices and sources:

· Cleaning chemicals or materials, which must be selected with consideration for minimizing the impact on both human health and safety and reducing other potential environmental impacts.

· Cleaning tools, equipment, and supplies, which must also be selected with regard to health and environmental considerations.

· Cleaning processes, work practices, and procedures that minimize worker and building occupant exposures and contribute to the promotion of environmental stewardship.

· Products designated as environmentally oriented in the GSA Federal Acquisition Service (FAS) Environmental Products and Services Guide. This guide is available on the FAS Environmental Home page at http://gsa.gov/enviro.

· Cleaning products that meet the Green Seal GS-37 standard where applicable, or if GS-37 is not applicable (e.g., for products such as carpet cleaners, floor finishes, or strippers), products that comply with the California Code of Regulations maximum allowable Volatile Organic Compounds (VOCs) levels.

· Disposable janitorial paper products and trash bags that meet the minimum requirements of U.S. EPA's Comprehensive Procurement Guidelines.

· Low Environmental Impact Pest Management practices and Low Environmental Impact Cleaning Equipment practices.

The Contractor must provide quarterly reports that document the purchase and use of the products listed above.

Additional information on environmentally preferable products may be found through sources such as the U.S. EPA’s Environmentally Preferable Purchasing Program Web site at http://yosemite1.epa.gov/oppt/eppstand2.nsf or information published by the Office of the Federal Environmental Executive at http://www.ofee.gov/gp/gp.htm.

(b) Recycled Content Product Certification

In accordance with FAR 52.223-9, Certification and Estimate of Percentage of Recovered Material Content for EPA-Designated Items, the Contractor must provide the required certification and estimate at contract completion. In addition, interim annual reports estimating the percentage of total recovered material used in contract performance, including, if applicable, the percentage of post consumer material content, must be provided by the Contractor no later than November 1 of each year, with data for the preceding 12-month period ending September 30.

23.

UNIFORMS

All trade workers must wear a uniform with the Contractor's logo while working within the building.

24.

PAYMENT OF POSTAGE, FEES AND MARKING

All postage and fees related to submitting information forms, reports, etc., to the Contracting Officer or the Contracting Officer’s Representative (COR) shall be paid by the Contractor. All information submitted to the Contracting Officer or the COR shall clearly indicate the Contract Number of the contract for which the information is being submitted.

25.

GOVERNMENT FORMS

The various Government forms mentioned in this document such as personal history forms, sign-out forms, inspection forms, etc., may be obtained from the COR. Forms can also be found at www.gsa.gov (Under most requested links, click on Forms Library)

26.

STANDARDS OF CONDUCT

The Contractor must be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and must be responsible for taking such disciplinary action with respect to his employees as may be necessary. The Contractor is also responsible for ensuring that his employees do not disturb papers on desks, open desk drawers or cabinets, or use Government telephones, except as authorized. The CO, or his authorized representative (COR), may require dismissal from work any employee who is deemed incompetent or is identified as a potential threat to the health, safety, security, general well being or operational mission of the facility or its population.

27.

OTHER CONTRACTORS

The Government may undertake or award other contracts for additional work, and the Contractor must fully cooperate with such other Contractors or Government employees. The Contractor must carefully schedule his own work, in conjunction with the additional work, as may be directed by the COR. In addition, the Contractor must not commit or permit any act that will interfere with the performance of work by another Contractor or by Government employees.

28.

BLOODBORNE PATHOGENS AWARENESS

While the proposed services under this contract do not include routine exposure to blood-borne pathogens, the scope of services may occasionally include the cleanup of human blood or other potentially infectious materials, which may result from routine building occupancy. The Contractor shall provide all equipment and services required to fully comply with the requirements of the blood-borne pathogen standard, listed in 29 CFR 1910.1030 in performing these tasks. These services will not include the disinfecting of building first aid centers (health units), Military Entrance Processing Centers or other operations, which routinely generate potentially infectious materials, or the handling of biological wastes generated within the applicable occupancies.

29.

POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

The successful offeror on this contract will have performance evaluated throughout the life of the contract. The evaluation(s) may be used to determine suitability for future Federal contracts. The Contractor will have the opportunity to review and comment on the evaluation(s).

(a) Vendor Past Performance (VPP) Evaluations (1) The General Services Administration, Public Buildings Service, will be using Vendor Past Performance (VPP) to collect, maintain, and disseminate Contractor performance information as required by Federal Acquisition Regulation, Subpart 42.15.

(2) Contractors will receive an email from the evaluator with a URL to access interim and final evaluations electronically for review and comment.

(3) A final performance evaluation will be prepared on this contract at the time of completion of work. In addition to the final evaluation, interim evaluations will be prepared annually (to coincide with the anniversary date of the contract) and may be done at any time when there is a significant change in performance.

(4) Access to interim and final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor will be permitted thirty (30) days to review the document and to submit additional information or a rebutting statement. Any disagreement between the parties regarding an evaluation will be referred to an individual one level above the Contracting Officer, whose decision will be final.

(5) 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 all participating VPP Federal Agencies to support future award decisions.

30.

GOVERNMENT-FURNISHED MATERIALS

(a) The following items are furnished by the Government:

(1) Electrical power at existing outlets for the Contractor to operate equipment necessary in the conduct of its work.

(2) Hot and cold water as necessary, limited to the normal supply provided in the building. No special heating or cooling of the water will be provided.

(3) Space in the building, including locker rooms,…