Sol_hscg8417rPte001.pdf

ATTENTION OFFERORS

This Competitive Solicitation is 100% set-aside for 8(a) Small Business Firms under the Small

Business Administration’s (SBA) Program in accordance with FAR Subpart 19.8 and the Department of Homeland Security’s (DHS)/SBA Partnership Agreement.

The U.S. COAST GUARD SHORE INFRASTRUCTURE LOGISTICS CENTER (SILC) invites you to submit a proposal, via the Acquisition of Commercial Items and Contracting by Negotiation procedures (cf. Federal Acquisition Regulation FAR Part 12, Acquisition of Commercial Items and FAR Part 15, Contracting by Negotiations), to provide the following commercial services: All labor, materials, equipment and any other items or services applicable or appropriate for Janitorial Services at USCG Base Seattle, 1519 Alaskan Way South, Seattle, Washington

The North American Industry Classification System (NAICS) code 561720 (Janitorial Services) applies to this RFP, and its size standard is $18.0M .

These services are being solicited under Request for Proposal (RFP) HSCG84-17-R-PTE001. Any and all questions regarding this solicitation shall be submitted in writing to the Contract Specialist, at Marcella.V.Brown @uscg.mil Any Amendments will be posted on the Federal Business Opportunity Website at www.fbo.gov. It is the potential offer’s responsibility to monitor this site for release of any future amendments to the solicitation. Failure to provide a complete solicitation package as required may result in delay of award or determination that your offer is not responsive

PLEASE CAREFULLY READ AND COMPLETE THE ENTIRE SOLICITATION. THE FOLLOWING ARE

HIGHLIGHTED FOR YOUR ATTENTION:

1. Be sure to complete all required prices set forth in the Schedule of Supplies/Services, Unit Price and Total Amount information reqired starting on Pages 5 through 6.

2. Be sure to complete all required certifications in FAR 52.212-3, Reps and Certs.

3. Be sure to complete SF 1449 (first page of the offer), including appropriate signatures.

4. Be sure that your offer reaches this office by the end of the time and date specified in Block #8 of the

SF1449 or in any amendment thereto.

5. Be sure to complete FAR 52.209-7, FAR 52.209-11 and HSAR Clause 3052.209-70 see Pages 15-17 and page 24 of solicitation package.

6. Be sure your SAM registration on website is up to date (www.sam.gov) .

7. Please insure compliance with Addendum to FAR 52.212-1 Instruction to Offerors – Commerical items and FAR 52.212-2 Evaluation – Commerical Items, Pages 26 through 30.

8. Any and all questions regarding this solicitation must be submitted in writing to the Contract

Specialist, no later than COB Wednesday, 11 January 2017.

9. Please provide documentation that your proposal is valid for 120 calendar days from date signed (block

30c)

10. Please check FEDBIZOPS website for Site Visit information for USCG Base Seattle under Sol

HSCG84-16-R-PTE001 on site.

11. Be sure that your offer reaches this office by the time and date specified in Block #9 of the SF1449, and/or in any amendments thereto (NO ELECTRONIC OFFERS WILL BE ACCEPTED)

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S.

Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman:

solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline telephone number is 202.372.3695.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

HSCG84-17-R-PTE001

MS MARCELLA V. BROWN 510-437-5980

USCG Base Seattle, 1519 Alaskan Way South, Seattle, WA 98134-1102

See Block 9

Commander (1224) USCG Finance Center 1430A Kristina Way Chesapeake, VA 23326-1224

Janitorial Services at USCG Base Seattle, Seattle, Washington. This is a Firm Fixed Price Contract. No funds are presently available for this solicitation. No award will be made until funds are available.

See Continuation Pages for more details.

Subject the Availability of Funds, FAR 52.232-18

561720

$18.0 MILLION

12/22/2016

01/23/2016

2:00 PM PST

Commanding Officer Shore Infrastructure Logistics Center West (SILC) Coast Guard Island, Bldg 54c, Code COB-2W Alameda, California 94501-5100 Marcella V. Brown, email: Marcella.V.Brown@uscg.mil Competitive thru SBA

U.S. Coast Guard Base Seattle HSCG84-17-R-PTE001 Janitorial Services Page 2 of 128

TABLE OF CONTENTS

Page Section I – Continuation of SF1449

CONTRACT MANAGEMENT 3

INVOICE SUBMISSION 4

BLOCKS #19 (A THROUGH 4). SCHEDULE OFSUPPLIES/SERVICES,

CONTINUATION 5

Section II – Contract Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS.

(MAY 2015) WITH ADDENDUM 7

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS. (SEP 2016) 19

Section III – Contract Documents, Exhibits or Attachment List Attachment #1 Performance Work Statement (PWS) for Janitorial Services dated July 2016, 21 pages Technical Exhibit #1 Classification of Bldg Space for Level of Services, 2 pages Technical Exhibit #2 Level of Services # I, 3 pages Technical Exhibit #3 Level of Services # II, 2 Pages Technical Exhibit #4 Level of Services # III, 2 pages Technical Exhibit #5 Square Footages of LOS Spaces, 2 pages Technical Exhibit #6 Secure Office Spaces, 2 pages Technical Exhibit #7 Waterless Urinals Bldgs and Locations, 2 pages Technical Exhibit #8 Base Seattle Map, 2 pages Technical Exhibit #9 Contract Discrepancy Report (C.D.R.), undated, 2 pages Attachment #2 Performance Requirement Summary, 8 pages Attachment #3 Quality Assurance Surveillance Plan (QASP) Information Purposes Only (Government use only), 2 pages Attachment #4 General Mishap Investigation Report, 4 pages Attachment #5 Damage Report for Government Furnished Equipment, 4 pages Attachment #6 Department of Labor Wage Determination No. 2005-2563, Revision 19, dated 12/29/2015, 13 pages Attachment #7 Past Performance Questionnaire, 6 pages (Pre-award only)

POSTERS ARE TO BE DISPLAYED AT JOB SITE AT U.S. COAST GUARD BASE

SEATTLE – OFFICE/BREAKROOM

Attachment #8 Equal Opportunity Poster (Service Contracts), 1 page Attachment #9 Service Contract Act Poster (Service Contracts), 4 pages Attachment #10 Employee’s Rights on Government Contracts, 2 page Attachment #11 Employee’s Rights under the Fair Labor Standards Act Federal Minimum Wage Poster, 1 page Attachment #12 Safety OSHA Poster, 1 page

Section IV – Solicitation Provisions

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) 24

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELIQUENT

TAX LIABILITY OR A FELONY CONVICITION UDNER ANY FEDERAL LAW

(FEB 2016) 24-25

52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS. (OCT 2016) 26

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL

ITEMS (OCT 2016) 31

U.S. Coast Guard Base Seattle HSCG84-17-R-PTE001 Janitorial Services Page 3 of 128

Continuation of SF1449 – 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 U.S. Coast Guard, Shore Infrastructure Logistics Center (SILC), Base Support Services, Contract Operations Branch 2 will perform all contract administration. The location of the Contracting Officer (KO) and Contract Specialist (CS) is at the Coast Guard Island, Alameda CA. Communication pertaining to contractual administrative matters shall be addressed to the CS and KO listed below. Changes in, or deviations from, the performance work statement or terms and conditions of the contract shall not be effected without written modification to the contract as executed by a SILC KO.

Contract Specialist (CS): Marcella V. Brown, Telephone No. 510-437-5980; Email Marcella.V.Brown@uscg.mil

Contracting Officer (KO): Michael Hassett, Telephone No. 510-437-3009; Email: Michael.T.Hassett@uscg.mil

Any warranted Contracting Officer under USCG SILC-COCO-BSS-COB2

The Contract Specialist/Administrator, Marcella V. Brown, Telephone No. 510-437-5980, serves as the point of contact between the Contractor and the Contracting Officer.

The Contracting Officer’s Representative (COR) is a Government employee designated in writing by the KO to act as a technical advisor for the KO for services/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 name of the COR/CORs and the authorities and limitations of the COR(s) under the contract.

This person does not have a warrant that provides the authority to contractually commit the Government or to modify any terms and conditions of a contract.

Continuation of SF1449 – Block 17b/Remittance Address

Payment will be made by Electronic Funds Transfer (EFT) to the financial institution listed in the System for Award Management

(SAM).

Continuation of SF-1449 Blocks 18a and 18b: Invoice Procedures

“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.

U.S. Coast Guard Base Seattle HSCG84-17-R-PTE001 Janitorial Services Page 4 of 128

Invoice Routing Code:

SILC PCB-2

(help) Invoice Receipt Date:

MM/DD/YY

(help)

Contract Number: (help) Invoice Number: (help)

Requisition Number: (help) Invoice Date:

MM/DD/YY

(help)

Delivery/Task Order Number: (help) Invoice Amount:

0.00

(help)

Discount Terms:

00.00

Discount Days

Net Days (help)

Contractor Information Attachment of Official Invoice

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. The Contractor shall attach a single PDF file no larger than 3MB as the official invoice

6. Supporting documentation must be combined in a single PDF file or submitted to your contracting office separately via email.

Supporting documentation must not exceed 999 pages.

7. A proper invoice shall have the following information clearly indicated on each invoice: (i) Name and address of the contractor; (ii) Invoice date and number (the Contractor is encouraged to date invoices as close as possible to the date of the mailing transmission); (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 or services performed; (v) terms of any discount for prompt payment offered; (vi) Name and address of official to whom payment is sent; (vii) Name, title, and phone number of person to be notified in the event of a defective invoice; (viii) Taxpayer Identification Number (TIN). The contractor shall include its TIN on the invoice; (ix) EFT banking information; (x) DUNS number recorded on every invoice submitted.

8. A copy of the Invoice and Supporting documentation shall also be e-mailed to the assigned KS and COR prior to or immediately after submitting your invoice to the FINCEN as described above. Failure to do this may result in the delay of payment.

End of Continuation Blocks 16, 17 and 18

U.S. Coast Guard Base Seattle HSCG84-17-R-PTE001 Janitorial Services Page 5 of 128

Continuation of Blocks #19 through 24, Schedule of Supplies/Services

BASE YEAR: 01 MARCH 2017 THROUGH 31 DECEMBER 2017

The Contractor shall provide Janitorial Services in accordance with all terms and conditions set forth herein and in Attachment #1, Performance Work Statement (PWS), Attachments and Technical Exhibits at the U.S. Coast Guard, Base Seattle, Seattle, Washington.

Unit Item No. Schedule of Supplies/Services Qty/Unit Price Amount #19 #20 #21/#22 #23 #24

0001 Janitorial Services at 10 MO $_________ $___________ USCG Base Seattle, Seattle, Washington

OPTION YEAR 1: 01 JANUARY 2018 THROUGH 31 DECEMBER 2018

The Contractor shall provide Janitorial Services in accordance with all terms and conditions set forth herein and in Attachment #1, Performance Work Statement (PWS), Attachments and Technical Exhibits at the U.S. Coast Guard, Base Seattle, Seattle, Washington.

Unit Item No. Schedule of Supplies/Services Qty/Unit Price Amount #19 #20 #21/#22 #23 #24

1001 Janitorial Services at 12 MO $_________ $___________

OPTION YEAR 2: 01 JANUARY 2019 THROUGH 31 DECEMBER 2019

The Contractor shall provide Janitorial Services in accordance with all terms and conditions set forth herein and in Attachment #1, Performance Work Statement (PWS), Attachments and Technical Exhibits at the U.S. Coast Guard, Base Seattle, Seattle, Washington.

Unit Item No. Schedule of Supplies/Services Qty/Unit Price Amount #19 #20 #21/#22 #23 #24

2001 Janitorial Services at 12 MO $_________ $___________

U.S. Coast Guard Base Seattle HSCG84-17-R-PTE001 Janitorial Services Page 6 of 128

OPTION YEAR 3: 01 JANUARY 2020 THROUGH 31 DECEMBER 2020

The Contractor shall provide Janitorial Services in accordance with all terms and conditions set forth herein and in Attachment #1, Performance Work Statement (PWS), Attachments and Technical Exhibits at the U.S. Coast Guard, Base Seattle, Seattle, Washington.

Unit Item No. Schedule of Supplies/Services Qty/Unit Price Amount #19 #20 #21/#22 #23 #24

3001 Janitorial Services at 12 MO $_________ $___________ USCG Base Seattle, Seattle, Washington

OPTION YEAR 4: 01 JANUARY 2021 THROUGH 31 DECEMBER 2021

Unit Item No. Schedule of Supplies/Services Qty/Unit Price Amount #19 #20 #21/#22 #23 #24

4001 Janitorial Services at 12 MO $_________ $___________

SUMMARY

Base Year $_________________

Option Year One $_________________

Option Year Two $_________________

Option Year Three $_________________

Option Year Four $_________________

Total Contract Value $_________________

END of Schedule and Pricing

U.S. Coast Guard Base Seattle HSCG84-17-R-PTE001 Janitorial Services Page 7 of 128

Continuation of SF1449 – Block 27a

I. FAR 52.212-4, CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (MAY 2015):

(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 41 U.S.C. chapter 71,Contract Disputes. 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.

U.S. Coast Guard Base Seattle HSCG84-17-R-PTE001 Janitorial Services Page 8 of 128

(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— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), 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 41 U.S.C. 7109, 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 at 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).

U.S. Coast Guard Base Seattle HSCG84-17-R-PTE001 Janitorial Services Page 9 of 128

(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 comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

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(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims).

Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

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(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

ADDENDUM TO FAR CLAUSE 52.212-4 - Contract Terms and Conditions-Commercial Items. The following paragraphs are added to the clause.

(w) 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 30 calendar days of expiration of the contract; provided, that the Government shall give the Contractor a preliminary written notice of its intend to extend at least 60 calendar 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 provision.

(c) The total duration of this contract, including the exercise of any options under this clause shall not exceed five years.

(x) FAR 52.219-17 -- SECTION 8(A) AWARD (DEC 1996)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(2) Except for novation agreements and advance payments, delegates to the USCG SILC COB2 the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the USCG SILC COB2 Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the “Disputes” clause of the subcontract.

(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the USCG

SILC COB2 .

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(y) 52.219-18 NOTIFICATION OF COMPLETION LIMITED TO ELEGIBLE 8(a) CONCERNS (JUN 2003)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA’s 8(a) Program and which meet the following criteria at the time of submission of offer --

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply in connection with construction or service contracts.

(2) The ____________ [insert name of SBA’s contractor] will notify the USCG SILC COB2 Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(z) FAR 52.223-9 -- ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA DESIGNATED

ITEMS (MAY 2008)

(a) Definitions. As used in this clause— “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate to the COR and KO.

(aa) FAR 52.223-11 -- OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL

HYDROFLUOROCARBONS (JUN 2016)

(a) Definitions. As used in this clause-- “Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon Dioxide’s global warming potential is defined as 1.0.

“High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at (http://www.epa.gov/snap/ ).

“Hydrofluorocarbons” means compounds that only contain hydrogen, fluorine, and carbon.

“Ozone-depleting substance” means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

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(2) Class II , including, but not limited to hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), (d), and (e) and 40 CFR Part 82, Subpart E, as follows:

Warning Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

(c) Reporting. For equipment and appliances that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons, the Contractor shall—

(1) Track on an annual basis, between October 1 and September 30, the amount in pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons contained in the equipment and appliances delivered to the Government under this contract by—

(i) Type of hydrofluorocarbon (e.g., HFC-134a, HFC-125, R-410A, R-404A, etc.);

(ii) Contract number; and

(iii) Equipment/appliance;

(2) Report that information to the Contracting Officer for FY16 and to www.sam.gov, for FY17 and after00

(i) Annually by November 30 of each year during contract performance; and

(ii) At the end of contract performance.

(d) The Contractor shall refer to EPA’s SNAP program (available at http://www.epa.gov/snap ) to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap .

(ab) 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):

Federal Acquisition Regulation (FAR): http://farsite.hill.af.mil/vffara.htm Homeland Security Acquisition Regulation (HSAR): http://farsite.hill.af.mil/vfhsara.htm

The following FAR clauses are incorporated by reference as addendum

CLAUSE TITLE

FAR 52-203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007) FAR 52-203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) FAR 52.203-17 Contractor Employees of Whistleblower Rights to Inform Employees of Whistleblower Rights (Sept 2013) (DHS – USCG Deviation 14-01) FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013) FAR 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997) FAR 52.223-5 Pollution Prevention and Right-To-Know Information (May 2011)

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FAR 52.223-10 Waste Reduction Program (May 2011) FAR 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (May 2008) FAR 52.232-18 Availability of Funds (Apr 1984) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) FAR 52.237-2 Protection of Government Buildings, Equipment and Vegetation (Apr 1984) FAR 52.237-3 Continuity Of Services (Jan 1991) FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.242-15 Stop Work Order (Aug 1989) FAR 52.245-1 Government Property (Apr 2012), Alternate I (Apr 2012) FAR 52.245-9 Use and Charges (Apr 2012)

(ac) 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of Homeland Security Acquisition Regulation (HSAR) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(ad) HSAR CLAUSE 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006)

(a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C.