RFP_AA8432_dtd_2_July_2013.docx

CONTINUATION SHEET

NAME OF OFFEROR OR CONTRACTOR

Continuation of SF 1449 - Block 16/Contract Management

Notwithstanding the Contractor’s responsibility for total management during the performance of the contract, the administration of the contract will require maximum coordination between the Government and the contractor. The individuals listed below will be the Government points of contact during the performance period as follows:

The Field Support Services Contracting Section (PCB), U.S. Coast Guard, Shore Infrastructure Logistics Center (SILC) will perform all contract administration under this contract. The location of the Primary Contracting Officer, Alternate(s) Contracting Officer, and Contract Specialist/Administrator for the contract is at 300 East Main Street, Suite 965, Norfolk, VA 23510-9113. Communication pertaining to contractual administrative matters shall be addressed to the one of the Contracting Officers listed below. Changes in, or deviation from, the scope of work will not be effected without a written modification to the contract as executed by a SILC Contracting Officer.

PRIMARY:

Contracting Officer: Mr. Reginald B. Henderson, Telephone No. 757-628-4129 Email: Reginald.B.Henderson@uscg.mil

ALTERNATES:

Contracting Officer: Mrs. Jeanie Thorne, Telephone No. 757- 628-4109 Email: Jeanie.S.Thorne@uscg.mil

Contracting Officer: Mrs. Tracey Strawbridge, Telephone No. 757-628-4130 Email: Tracey.Strawbridge@uscg.mil

The Contract Specialist/Administrator, Ms. Patty Scott, Telephone No: 757-628-4157 serves as the point of contact between the Contractor and the Contracting Officer, however does not have a warrant that provides the authority to contractually commit the Government.

The Contracting Officer's Representative (COR) is a Government personnel designated in writing by the Contracting Officer to act as technical advisor for the Contracting Officer for items within the scope of the contract. The COR performs functions such as review and/or inspection and acceptance of supplies and services and of a technical nature. A designation letter will set forth the authorities and limitations of the COR under the contract.

Continuation of SF1449 - Block 18b/Invoice Procedures

Invoicing Instructions: Electronic submission of Invoices is mandatory

1. The Contractor shall submit invoices for services via Coast Guard Finance Center Website at: http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

2. The web submission requires the contractor to complete the Invoice Receipt Cover Form, select the Invoice Routing Code, and attach a PDF file of the invoice and any other supporting documentation.

3. A sample of the Invoice Receipt Cover Form is provided below. Mandatory information to be completed is highlighted in red on the website.

Discount Terms: % Discount Days Net Days (help)

Contractor Name: (help)

Submitter Name: (help)

Submitter Email: (help)

Submitter Phone: (help)

4. The Contractor must select the correct Invoice Routing Code for timely invoice processing. The Invoice Routing Code for this contract is SILC PCB-2.

5. See the Coast Guard Finance Center Website link (http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm) for instructions regarding invoice attachments.

6. A copy of the Invoice and Supporting documentation shall also be e-mailed to the Contracting Office and COR at the addresses cited below: Patty.G.Scott@uscg.mil,Contract Specialist, Emiliano.Vasquez@uscg.mil, Contracting Officer Representative.

See FAR 52.212-4(g) Prompt Payment Act for what must be included in an invoice.

1. Pricing: The contractor shall price the services all-inclusive in accordance with the schedule, since this is a Firm-Fixed Price type contract, taking into consideration any cost of living increases and inflation for each additional year. The contractor shall not escalate labor rates since, at each option year, an updated wage determination will be incorporated at which time the contractor may request a wage adjustment in accordance with FAR Clause 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Apr 2012), Paragraph (c) (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

Continuation of SF1449 – Blocks 19 through 24/Schedule of Supplies/Services

0001 – BASE YEAR (1 OCTOBER 2013 THROUGH 30 SEPTEMBER 2014)

SCHEDULED WORK:

with PWS, Para 5.

0001AC SERVICE WORK: Work between $1000 and $2500 in accordance with PWS 5.2.2.

EST

Control Technician 30 HR $___________ $____________

0001AD Materials (Not-To-Exceed) 1 LO $5000.00 $5000.00

1001 – OPTION YEAR ONE (1 OCTOBER 2014 THROUGH 30 SEPTEMBER 2015)

SCHEDULED WORK:

with PWS, Para 5.

1001AC SERVICE WORK: Work between $1000 and $2500 in accordance with PWS 5.2.2.

EST

1001AD Materials (Not-To-Exceed) 1 LO $5000.00 $5000.00

2001 – OPTION YEAR TWO (1 OCTOBER 2015 THROUGH 30 SEPTEMBER 2016)

SCHEDULED WORK:

with PWS, Para 5.

2001AC SERVICE WORK: Work between $1000 and $2500 in accordance with PWS 5.2.2.

EST

Control Technician 30 HR $___________ $___________

2001AD Materials (Not-To-Exceed) 1 LO $5000.00 $5000.00

3001 – OPTION YEAR THREE (1 OCTOBER 2016 THROUGH 30 SEPTEMBER 2017)

SCHEDULED WORK:

with PWS, Para 5.

3001AC SERVICE WORK: Work between $1000 and $2500 in accordance with PWS 5.2.2.

EST

3001AD Materials (Not-To-Exceed) 1 LO $5000.00 $5000.00

4001 – OPTION YEAR FOUR (1 OCTOBER 2017 THROUGH 30 SEPTEMBER 2018)

SCHEDULED WORK:

with PWS, Para 5.

4001AC SERVICE WORK: Work between $1000 and $2500 in accordance with PWS 5.2.2.

EST

4001AD Materials (Not-To-Exceed) 1 LO $5000.00 $5000.00

TOTAL BASE YEAR AND FOUR OPTION YEARS CONTRACT AMOUNT

(CLINS 0001 – 4001AD) $________________

Performance Work Statement (PWS) for Air Conditioning and Refrigeration Maintenance, Repair and Replacement Services at USCG Group Key West, FL

SCOPE OF WORK

1. INTRODUCTION

The contractor shall provide all labor, management, supervision, parts, equipment, materials, supplies, tools and transportation necessary to provide all Air Conditioning and Refrigeration Maintenance, Repair and Replacement Services also including, materials, equipment and other items or services necessary to perform maintenance and repair services for the U.S. Coast Guard Sector Key West, Key West, Florida as described in the Performance Work Statement (PWS).

2. BACKGROUND

2.1. Hours of Operation: All maintenance work shall be performed Monday through Friday between the hours of 8:00 am and 4:00 pm., Federal Holidays excluded, unless specifically approved by the Contracting Officer.

2.2. Repairs: The contractor shall be available for Priority I and when COTR directs Priority II repairs 24 hours a day, 7 days a week and 364 days a year, excluding Christmas.

a. PRIORITY I (Emergency Repair): Emergency repairs are defined as health, safety, environmental or property risk. Emergency Repairs only pertain to Buildings 48, 101, 102, 105, 107 and 109. The contractor shall respond to emergency repairs within 6 hours of notification.

b. PRIORITY II (Urgent Repair): Casualty repairs are defined as an immediate need that would result in inconvenience to building occupant if not resolved. All other buildings, except those identified as Emergency Repairs, are considered Urgent Repair. The Contractor shall respond within 8 hours of notification or the next working day to Urgent Repairs.

c. PRIORITY III (Routine/Preventative Maintenance): Defined as all other work. Routine or Scheduled Preventative Maintenance work shall be completed within 7 calendar days of scheduled maintenance date.

2.3. Notification: The contractor shall provide 72-hour notice prior to performing maintenance on equipment that will be secured for more than 4 hours. Contact the COTR/Contracting Officer for questions or quote submittal.

3. SCOPE: The objective of this effort is to acquire Air Conditioning and Refrigeration Maintenance and Repair Services for all areas listed herein. The service requirements and performance objectives relate directly to mission essential items as identified in the PWS, the Contractor Quality Control Plan and the Government Quality Assurance Plan providing for the highest level of service delivery performance critical to mission success.

4. APPLICABLE DOCUMENTS: The contractor shall comply with all federal, state, local, environmental and hazardous laws and regulations and applicable instructions and directives pertaining to the services required herein and to the conduct and qualifications of personnel in performance of this contract. The contractor shall utilize safe products and equipment and qualified personnel to ensure the health and safety of all in compliance with the Environmental Protection Agency (EPA) and the Occupational and Safety Hazard Administration (OSHA).

5. TECHNICAL REQUIREMENTS

5.1. General:

5.1.1. The contractor shall furnish all labor, supplies, parts and materials necessary to provide all minor Air Conditioning and Refrigeration Maintenance and Repair Services in accordance with the task, frequency and approved work schedule agreed to and in accordance with the approved Contractor Quality Control Plan. The contractor shall establish and maintain a monthly work completion schedule for performance of work as specified herein which shall be submitted on a monthly basis in accordance with Section 6, Deliverables.

5.1.2. The contractor shall provide the following required services at frequencies in accordance with the manufacturers standard warranty and as agreed by the COR.

a. Check all units for proper operation. Check for refrigerant and oil leaks. Change all air filters using high efficiency air filters. Inspect cooling towers for algae growth and clean as necessary.

b. Inspect and disinfect condensate pans as necessary. Clean cooling towers.

c. Inspect and clean air handler coils using a non-acid cleaner. Clean air-cooled condenser coils using a non-acid cleaner. Clean water-cooled condenser coils using fresh water and nylon tube brushes.

d. The Coast Guard requires the contractor to provide all personnel, management, supervision, materials, equipment other items or services necessary to perform maintenance and repair services for the HVAC Systems and subsystems at those buildings located on Sector Key West.

e. Perform Monthly maintenance to BLDG #102 and BLDG #107 Chemical injection systems including chemical replenishment, system repair and submission of chemical test results with monthly report.

5.1.3. The equipment to be serviced is identified in Technical Exhibit 1.

5.2. Categories Of Work:

There are two categories of work, Scheduled Work and Service Work as follows:

5.2.1. Scheduled Work: The Contractor is responsible for performing all work required by the PWS, including preventive maintenance and repair and replacement under ($1,000) in accordance with industry standards and manufacturers recommendations and Contractor prepared schedules approved by the COR/Contracting Officer at the lump sum firm-fixed-price monthly portion of the contract without further specific direction from the Government.

5.2.2. Service Work: The Contractor is responsible for performing all properly issued Work Orders for service work in accordance with the PWS and the individual Work Orders. Service work is Negotiated Service Work between $1,000 and 2,500. Service Work will be authorized by the COR. Neither the Contractor nor the COR shall exceed the ceiling unless authorized by the Contracting Officer. Note that service work may be required on buildings, equipment or structures not specifically listed herein.

5.2.3. Service Work over $2,500: Any service work over $2,500.00 will be negotiated separately via modification under the contract as authorized by the Contracting Officer.

5.3. Job Cost Proposals For Service Work:

5.3.1. Preparation: The Contractor shall prepare and submit to the Contracting Officer, for approval, a Job Cost Proposal within five-working days of receipt of a Work Request. The Contractor may request additional time from the Contracting Officer to submit a proposal. The Government will then accept or reject the proposal or negotiate with the Contractor. If agreement cannot be reached, the Contracting Officer may obtain the desired services elsewhere.

5.3.2. Contents: All Job Cost Proposals shall include the number of labor hours by labor category and material and equipment costs. The Contractor shall identify how cost proposal figures were obtained. In addition, detailed scope of work and required performance time shall be required for each contractor-initiated job cost proposal. The time required completing negotiated work shall not affect the performance of Scheduled Work. Each work request will be assigned a completion date which will be included in the negotiation process.

5.4. Preventive Maintenance (PM): The Contractor shall inspect and maintain all systems/equipment identified herein to include shutdown maintenance. Preventive maintenance shall be performed on the equipment in accordance with the PM checklists. The systems shall be maintained free from defect and damage; no components shall be missing; all parts shall be tight; and the components shall operate as designed. All parts shall be lubricated and all fluids shall be maintained at required levels. Repairs to component parts that are identified as a result of a PM or inspection shall be submitted as service work requests. The Contractor shall be responsible for all corrective actions necessary to accomplish any service work identified under $1000.00.

5.5. Repairs/Replacement:

5.5.1. Minor Repairs/Replacement:

a. Component Parts: The contractor shall provide component parts of major components that are no longer serviceable due to normal usage; such component parts are those requiring minimal disassembly of major components, in order to accomplish the required repair.

b. Replacement Parts: The contractor shall provide all parts and materials required for minor replacement, and/or repair based on normal wear and tear and included as part of preventative maintenance based on industry/manufacturing standards or contractor's own commercial policies and pricing practices, these parts will be included in the basic maintenance price; there shall be no additional charge for such parts. Minor replacement and/or repairs shall be defined as work costing less than $1000.00. The contractor shall immediately notify the COR when a repair and replacement is in excess of $1000.00 and shall obtain authorization to purchase any parts needed.

5.5.2. Major Repairs/Replacement:

a. The contractor shall immediately notify the COR when a major repair and/or replacement is anticipated or necessary. Major repairs shall be defined as those repairs that will require a system to be secured for longer than 4 hours or cost in excess of $1000.00. The contractor is not authorized to commence any major repair work without written authorization from the COR.

b. All major repair(s) shall be negotiated separately on an as needed basis. Prior to ordering any parts/materials associated with major repairs, the contractor shall query the COTR as to the availability of Government furnished parts/materials.

5.6. Miscellaneous Requirements:

a. Fires, hazardous conditions and items in need of repair, including lights that are burned out, etc., shall be reported to the COR.

b. Closing doors and turning off lights when not in use.

c. Turning in at the designated office all lost and found articles.

5.7. Contingencies: In the event that a labor strike develops impacting upon the Contractor's ability to perform (as a result of a union agreement), the Contractor shall continue to perform contract work. The Contractor shall submit a comprehensive Contingency Plan, outlining the methods the Contractor will use to meet contract requirements in the event of a labor strike in accordance with Section 6, Deliverables.

5.8. Warranties:

5.8.1. The Contractor shall be responsible for exercising all manufacturers’ commercial warranties on Government equipment, parts and systems under this contract. The Contractor shall report to the COR any difficulty in exercising manufacturer warranties and request the COR's assistance as necessary. The Government will provide existing copies of warranties, if any, to the Contractor prior to contract start date.

a. The Contractor shall maintain a file of the original warranties on new equipment installed. The contractor shall also establish and maintain a list of manufacturer's telephone numbers and points of contact for all warranted equipment. A copy of this list shall be provided to the COR 30 days after contract award and whenever new equipment is added or old equipment warranties expire. This file shall be turned over to the Government upon the completion or termination of this contract. These warranties shall list the Government as the equipment owner.

b. Government equipment installed by the Contractor that fails within a warranty period due to Contractor's poor workmanship, or by not following manufacturer's installation, operation or maintenance instructions, shall be replaced or repaired at the Contractor's expense based on the determination made by the Contracting Officer.

5.8.2. Warranted Equipment: Warranted equipment and component parts thereof, shall not be repaired, removed or replaced by the Contractor while under warranty of the manufacturer or the installer; all defects in workmanship or materials, defective parts or improper installation found by the Contractor shall be reported in writing to the COR. The Contractor shall be responsible for knowledge of the equipment and components that are covered by original warranty and the duration of the warranty. The necessary information will be available by means of the instruction books and other documents to be provided by the Government upon contract start date. The Contractor shall perform all preventative maintenance on warranted equipment as recommended by the original manufactures. The contractor shall also be responsible for coordinating and financing repair or replacement of all non-warranted component parts on all warranted equipment.

5.9. Key Control: Keys will not be issued to the Contractor. The Government will be responsible for providing access to the contractor to perform contract work. The contractor shall obtain either through the COR, or, if after normal working hours, the Officer of the Day (OOD).

5.10. Furnishing And Replenishing Of Supplies, Material And Equipment:

The contractor shall furnish all necessary supplies, material and equipment, of the size and type customarily used in work of this kind, needed for the performance of the work.

5.11. Scheduling Work And Reporting Accomplishments:

The Contractor shall submit, in accordance with Section 6, Deliverables, of the PWS, the following:

a. An annual schedule on all daily and periodic maintenance five (5) days after contract award; and, annually, thereafter, if the Government exercises options. This schedule shall include specific equipment, day of the week and time of day the work will be performed.

b. A list of persons employed under the contract, five (5) days after contract award. This list will include individual hours of duty and scheduled work assignment.

c. A monthly work report of maintenance performed for comparison with the scheduled requirements. These reports shall be submitted on forms provided by the contractor. The report shall include all periodic work performed; and, shall include the number of productive hours expended by the contractor's personnel in the accomplishment of the work.

5.12. Government Furnished Equipment/Facilities/Services:

a. The Government will provide electrical power at existing outlets for the contractor to operate such equipment as necessary in the conduct of his/her work; and, hot and cold water as necessary, limited to the normal water supply provided in the building for the Contractors use. No special heating or cooling will be provided.

b. The Contractor may use any area that is deemed to be a storage area by the COR for the storage of materials and equipment. All items stored by the contractor on site must be first approved by the COTR. It is the responsibility of the contractor to ensure that adequate security measures are taken to prevent pilferage or theft of his/her materials. All areas authorized for storage are to be kept clean by the contractor. The COR will maintain access to approved storage areas in the event of an emergency.

c. It is the responsibility of the contractor to ensure that all hazardous materials and/or hazardous wastes are removed from site at the end of each day. All parts or materials spent, used, replaced or renewed are to be disposed of at the contractor’s expense and shall not be disposed of on site.

d. Any Government provided services shall not be used in any manner for any personal advantage, business gain or other personal endeavor by the contractor or the contractor’s employees and shall not be used for any reason other than matters related to the performance of the contract.

6. DELIVERABLES: The contractor shall submit the following deliverables in accordance with the table below.

7. PERSONNEL REQUIREMENTS

7.1. Program Manager:

7.1.1. The contractor or designated qualified personnel, is critical to the success of the contract and shall have full authority to act for the Contractor on all contractual matters relating to the daily performance of the contract. The individual shall be able to effectively communicate with all Government personnel.

7.1.2. The individual shall be responsible for the performance of the work; shall have authority to act for the Contractor, shall be the central point of contact available when the contract work is in progress, if needed; and, shall have the ability when needed, to monitor work progress; provide quotes when repairs are required; and, for any other emergency, as required.

7.1.3. The individual shall have the authority to receive, accept and sign for any notices, inspection reports and all other correspondence on behalf of the Contractor from the Contracting Officer or COTR.

7.1.4. The individual shall serve as a point of contact for the Government in maintaining the work specification requirements, scheduling, inspections and safety standards. The Contractor shall return calls to the COR within 1 hour of being contacted.

7.2. Employees Qualifications: Controls for air conditioning and refrigeration systems shall be adjusted only by workers with the skills and qualifications necessary for maintaining, repairing and installing the systems. The Contractor shall set proper temperature settings.

7.2.1. Evidence of Certification, Training and Licenses: The Contractor shall provide the Contracting Officer with evidence (i.e., certificate of training, license) that all required certification, qualification and training has been received by each employee as applicable. This shall be submitted with proposal, for proposed employees, and within 5 days of when a new Contractor employee is hired to perform work. Contractors need to have a Mitsubishi City Muli Certification and meet license requirements to work on commercial chill water systems.

7.2.2. Ability To Communicate: Contractor personnel shall be able to speak and comprehend the English language with the degree of fluency that will be required in the performance of their duties. Contractor personnel shall be able to read, comprehend, and write materials in English. This shall include materials such as instructions, regulations, manuals, training materials, and other written materials that personnel will be required to use in the performance of their duties.

7.3. Conduct of Personnel:

7.3.1. The contractor shall prohibit his employees from disturbing papers on desks, opening desk drawers or cabinets, or using telephones or office equipment provided for official Government use.

7.3.2. The contractor shall require employees to comply with applicable instructions and directives pertaining to conduct and health regulations forming a part of this contract and shall be responsible for taking such disciplinary action with respect to the employees as necessary.

7.3.3. The contractor and his employees are prohibited from smoking in any building at Group Key West. Smoking shall be permitted only in designated outside smoking areas as defined in Group Key West instructions.

7.4. Locker Facilities and Appearance: No locker dressing areas will be provided. The contractor's personnel will report for work properly dressed and presentable. Contractor employee personnel shall present a neat appearance and shall be easily recognized via contractor-furnished uniforms. Supervisory personnel are not required to wear uniforms but shall present a neat professional appearance. All contractor personnel shall wear nametags furnished by the Contractor containing, as a minimum, the employee’s last name and the company’s name and job titles. All employees shall be trained in and knowledgeable about various aspects of ground maintenance and landscaping at the Contractor’s expense.

7.5. Security Requirements:

7.5.1. The Contractor shall comply with all facility security requirements, security regulations and directives as identified herein, and other security requirements cited elsewhere in the contract. The Contractor shall submit for approval, to the Contracting Officer at least 10 days prior to Contract start date, a Contractor initiated state police basic security check for each member of the proposed work force to ensure integrity, honesty, and trustworthiness. For any subsequent hiring, the basic security check shall be submitted to the Contracting Officer prior to the employee start date. All employee’s shall be able to obtain a US Navy “Rapidgate” access pass in order to gain access to the US Navy Trumbo Annex, concurrently the location of USCG Sector Key West. All fees associated with the Rapidgate system for access, is the responsibility of the contractor.

7.5.2. Security Clearances: No special security clearances are required to perform the work under this contract. However, The Contractor shall provide a list of employees’ names in accordance with Section 6, Deliverables, herein, hired to work on this contract and shall direct the Contractor employees to fill out questionnaires and other forms as may be required by the Contracting Officer for security.

7.5.3. Contractor Employee Identification: The Contractor shall provide each Contractor employee with an identification card before that employee commences work. Each Contractor employee shall carry at all times a Contractor-furnished identification card that shall include, as a minimum; the employee's name, photograph, and the name of the Contractor. Each employee shall be easily recognized as a Contractor employee by wearing the same type of uniform shirt complete with a sewed-on company logo and name tag, which is visible above the frontal waist. (Clip-on cards and cards on chains are not acceptable.) Contractor personnel requiring entry into Government facilities (e.g., secure areas, housing units) shall present their identification card upon request. The Contractor shall keep copies of the photographs used for employee identification cards in his employee files. Should security conditions warrant such, the Coast Guard would issue all Contractor employees identification cards, which shall be returned upon the request of the Coast Guard.

a. Rapid Gate Pass: The Contractor shall maintain rapid gate passes issued by the U.S. Naval Station Key West for all employees and vehicles that perform maintenance for the U.S.C.G., Sector Key West.

7.5.4. Identification Of Contractor Vehicles: Each Contractor-owned vehicle shall show the Contractor's name or logo so that it is clearly visible and shall at all times display a valid state license plate and, if applicable, safety/emission inspection sticker. All contractor-owned and employee privately-owned vehicles which are operated on base shall be registered with the Base Security Officer IAW the applicable regulations. The Coast Guard may furnish, upon request, automobile decals or passes to the Contractor and its employees in accordance with Coast Guard Regulations. Each vehicle, for which a decal or pass is requested, shall meet the established Coast Guard requirements, e.g., safety, insurance, etc., for issuance.

7.6. Availability: In the event the Contractor fails to provide the manpower necessary to accomplish the work requested, to include re-performance of any work not performed in a satisfactory manner, the government reserves the right to assign and place a sufficient number of federal employees or military personnel on the job to accomplish the work. The cost of such federal employee so used shall be charged against the contractor and the amount of all costs to the government incurred as a result of such action shall be deducted from any payment due the contractor. Also, if federal employees are not available, the amount due the contractor for the month in which the failure occurs will be adjusted.

7.7 Security Government ID: After award and prior to the start of work the contractor shall provide documentation of a completed criminal background check on all employees who will require entry into Government facilities (e.g. secure areas, housing units). A complete list containing the full name, date of birth, and social security number of all employees that are representative of the contractor, who requires access to the base, (e.g. secure areas, housing units) shall be supplied to the U.S. Coast Guard Group Key West base Security Officer and COR. All employees shall wear identification badges (nametag, etc.) that can be references to this list and must carry government issued contractor’s ID badges at all time while on base. If a person is working that is not on the access list then they shall be removed from the base immediately. In the event that employees are hired or discharges, a corrected list of employees shall be furnished to the COR reflecting the change in personnel.

8. QUALITY CONTROL (QC) REQUIREMENTS

8.1. Contractor QC Plan (QCP): The Contractor shall develop and submit within ten (10) days after contract award for acceptance and maintain a QCP delineating the contractor’s QC program/inspection system to monitor and control their performance of services, as required in accordance with Section 6.0, Deliverables, herein. Contractor shall ensure that Air Conditioning and Refrigeration Maintenance and Repair Services are performed in accordance with established standards. As a minimum, the QCP shall include timely and effective corrective action for all deficiencies identified by the Government.

8.2. The QC program/inspection system shall encompass all functions of the contract. The contractor shall develop and implement quality control procedures addressing the areas identified in the PWS herein and implement procedures to identify, prevent, and ensure non-recurrence of defective services. Contractor's management and the Coast Guard informed of all issues affecting quality to include timely and effective corrective actions. The QC records shall, in part, consist of checklists of inspections and shall indicate the nature, frequency and number of observations made, the number and type of deficiencies found, and the nature of corrective action taken as appropriate.

8.3. QC Program/Inspection System: shall include, but is not limited to, the following:

I. Introduction to the Quality Control System:

II. Air Conditioning and Refrigeration Maintenance and Repair Services Quality Control Process:

A. Steps & Flow Diagram B. Inspection Procedure

III. Specific Quality Control Functions:

A. Plans that identifies all maintenance assignments for each piece of equipment.

B. An annual schedule for all periodic maintenance by dates and areas for each piece of equipment.

C. A system for identifying and correcting deficiencies in the quality of services before the level of performance becomes unacceptable and/or the Government inspectors point out the deficiencies.

D. An inspection system covering all the service requirements of the contract. A checklist used in inspecting contract performance during regularly scheduled or unscheduled inspections. The name(s) of the individual(s) who will perform the inspection.

E. A file of all inspections conducted by the contractor and the corrective action taken.

F. Ordering, receipt, storage & retrieval of products, supplies and equipment.

9. QUALITY ASSURANCE REQUIREMENTS

9.1. Fundamental Government Responsibilities: The Contracting Officer Representative (COR) is responsible for representing the Contracting Officer for the Air Conditioning and Refrigeration contractor and all applicable subcontractor services. The COR will carry out inspections, reviews and approvals, handle deficiencies, and ultimately accept on behalf of the Contracting Officer.

9.2. General Quality Assurance Functions: To facilitate the surveillance of the Contractor's quality program by the Government, the COR will verify Contractor compliance with designated performance requirements. In addition, for noncompliance and/or untimely corrective action to deficiencies of specific tasks, the contractor shall be subject to re-performance. With this intent, the surveillance approach may not be one that stays the same throughout the duration of the contract. The COR will periodically update the surveillance approach when the need arises. The COR will inspect the contractor's QCP regularly for compliance with the requirements herein.

9.3. Specific Quality Assurance Functions: The COR will establish an Inspection Schedule using the Quality Checklists from the Contractor’s QC Program. The COR will perform the following Quality and Evaluative functions, which comprise the Government Quality Assurance Surveillance Plan (QASP) and will be developed and made available within two weeks of contract award:

a. Carry out periodic inspections using the Quality Checklists.

b. Report findings resulting from these inspections to the Contractor/Contracting Officer.

c. If discrepancies are discovered as a result of the periodic inspections, or any other means, use Contract Discrepancy Report (CDR) to communicate them to the contractor and follow up to ensure nonconformance are corrected (see Section 6, Deliverables).

d. The COR shall meet, at least weekly, with the Contractor Manager/Shift Leader/Supervisor during the first month of the contract. Thereafter, meetings will be scheduled as often as necessary. The Manager and COR shall sign the written minutes of these meetings, prepared by the COR. Should the Contractor not concur with the minutes, the Contractor shall state any areas of non–concurrence in writing to the COR within 5 calendar days of receipt of the signed minutes.

e. Conduct periodic customer surveys at the Sector Key West Facilities. The validated surveys will be compared to the requirements stated herein. Any discrepancies found will be handled as described in Section 8.3.

f. Perform Annual Performance Evaluation.

Quality Assurance Surveillance Plan

Completion of Service Calls Requirements Work Completion IAW Section 5 herein

100%

Continuation of SF1449, Block 27, FAR Clauses FAR Clause 52.212-4 Contract Terms and Conditions—Commercial Items (Jun 2013)

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

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

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

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

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

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to…