Solicitation_Document.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

PR5887662

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

SGV10017Q00001

6. SOLICITATION ISSUE DATE

1/10/2017

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

b. TELEPHONE NUMBER(No collect calls)

8. OFFER DUE DATE/ 20

February, 2017; 4:30 pm

LOCAL TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS X UNRESTRICTED

OR

SET ASIDE:____ % FOR:

American Embassy Conakry

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

Transversal #2

Centre Administratif de Koloma

Commune de Ratoma

HUBZONE SMALL

BUSINESS

(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

Republique de Guinée

Pox Box 603

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

EDWOSB

8 (A) SIZE STANDARD:

11. DELIVERY FOR FOB DESTINAT-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

X RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

CDC Located at US EMBASSY CONAKRY General Service Office / Procurement Section

US Embassy Conakry

17a. CONTRACTOR/

OFFERER

TELEPHONE NO.

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY

US EMBASSY CONAKRY FINANCIAL OFFICE

CODE

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 SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Vehicle rental Contract for vehicle for the transportation services for CDC individuals working in Conakry and in the field Fleet vehicles must be

SUVs (Minimum 6-litre engine, five-door, capable of carrying at least four adult passengers, 4x4) with

4WD/AWD.

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

X 27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN three (3)

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 HEREIN.

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

DAN TRIF

Contracting Officer

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

30c. DATE SIGNED

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

31c. DATE SIGNED

TABLE OF CONTENTS

Section 1 - The Schedule

SF 1449 cover sheet

Continuation To SF-1449, RFQ Number SGV10017Q0001, Prices, Block 23

Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement

Section 2 - Contract Clauses

Contract Clauses

Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12

Section 3 - Solicitation Provisions

Solicitation Provisions

Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part 12

Section 4 - Evaluation Factors

Evaluation Factors

Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12

Section 5 - Representations and Certifications

Offeror Representations and Certifications

Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not

Prescribed in Part 12

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449 RFQ NUMBER SGV10017Q0001

PRICES BLOCK 23

I. SCOPE OF SERVICES

The Contractor shall complete all work, including furnishing all labor, vehicles, vehicle maintenance equipment, tools, materials, supervision and other items and non-personal services necessary to perform vehicle transport services defined in this scope of work , unless otherwise specified herein, required under this contract for stated services within the time specified herein. The price listed below shall include all labor, materials, overhead, and profit. The Contractor shall provide reliable transportation services for supporting CDC staff and their partners as necessary in Guinea. The estimated number of vehicles shall vary based on country needs. In consideration of satisfactory performance of all scheduled services required under this contract, the Contractor shall be paid a firm fixed-price for all services.

II. BASE PERIOD

The contract shall be for a one-year period from the date of the contract award and a notice to proceed with two additional one-year options.

VALUE ADDED TAX. Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or Invoices because the U.S. Embassy has a tax exemption certificate from the host government.

PRICES. In consideration of satisfactory performance of the services required under this contract, the Contractor shall be paid monthly a firm fixed-price (FFP) per vehicle per day as stated in the schedule below in _______________________ (offeror to identify currency.) Local offerors shall offer in Guinea francs.

Base Year Item Number Unit Daily price Yearly Estimated

Quantity

Total Price

Vehicle with Driver

-Monday through

Friday

* 3600

(Estimated 15 per day)

Vehicle with Driver

_Saturday , Sunday and local holidays

* 576

(Estimated 6 per day)

Service Fees for outside of Conakry

-day trip

** 120

(Estimated 10 per month

-overnight trip

*** 1200

(Estimated 100 days per month

Total

Option Year One

Quantity

Total Price

Vehicle with Driver

-Monday through

Friday and local holidays

-day trip

-overnight trip

*** 1200

Option Year two

Quantity

Total Price

Vehicle with Driver

-Monday through

Friday and local holidays

-day trip

-overnight trip

*** 1200

*the “Unit Price” is the daily price per vehicle with driver **day trip outside of Conakry, fee rate shall allow for driver’s meals and incidentals. This is in addition to the vehicle with driver price.

***overnight trip outside of Conakry, fee rate shall allow for driver’s meals, incidentals and hotel. This is in addition to the vehicle with driver price.

MINIMUM AND MAXIMUM AMOUNTS

During this contract period, the Government shall place orders totaling a minimum of 6 vehicles with drivers per contract term. The amount of all orders shall not exceed 15 vehicles with drivers.

CONTINUATION TO SF-1449

RFQ NUMBER SGV10017Q0001

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

The US Centers for Disease Control and Prevention (CDC) requires firm-fixed price rental of vehicle and chauffeur services for individuals working in Guinea in and outside Conakry in the field on temporary duty providing public health response, and technical and management assistance. This contract shall be for the rental and use of a minimum number of vehicles with a driver for each vehicle on a daily basis at a firm fixed price and billed for actual provision of services. Vehicles must meet basic safety standards (all Guinean national safety requirements) and drivers should have a proven record of safe professional driving.

This contract is for one base year with two option years to procure services from responsible, proven consolidated fleet management company capable of responding to the complex transportation logistics of the high volume of CDC staff and contractors deploying as part of the

USG Ebola Response and recovery as well as ongoing global security initiatives. The Offeror shall provide reliable service for CDC staff using the daily shuttle services between: the U.S Embassy, C2

Building, Pita Building, hotels, and other meetings in Conakry, in addition to field trips for other public health activities including epidemiological surveillance, outbreak investigations, contact tracing, management visits, communications and border health activities as needed. The contractor will be able to meet CDC’s requirements based on vehicle and driver safety, transportation logistics, communications coordination and capacity to manage rapidly changing plans and the high volume travelers for public health activities including Ebola response and recovery as well as other global security initiatives. The urgency is a massive, interdisciplinary response to the Ebola outbreak in

Guinea, requiring extraordinary numbers and logistically complex deployments of CDC staff and international experts from around the world to Conakry for an extended period of time.

PRICING

The US government shall place orders/requests for vehicles as needed based on a fixed rate per vehicle and driver per day. And the contractor will only invoice based on actual vehicles used.

The contractor will invoice for costs associated with field trips to include hotels and meals as part of a fixed rate for field trip service package.

1. For the purpose of this solicitation an estimated 15 vehicles with drivers Monday through

Friday and 6 vehicles on Saturday and Sunday will be required. However, the actual number of vehicles needed per day may vary. And the estimated number of field trips is 100 days per months of overnight field travel outside of Conakry and 10 day trips outside of Conakry;

however the actual number of days may be higher or lower.

I. SCOPE OF SERVICES

The Contractor shall complete all work, including furnishing all labor, vehicles, vehicle maintenance equipment, tools, materials, supervision and other items and non-personal services necessary to perform vehicle transport services defined in this scope of work , unless otherwise specified herein, required under this contract for stated services within the time specified herein. The price listed below shall include all labor, materials, overhead, and profit. The Contractor shall provide reliable transportation services for supporting CDC staff and their partners as necessary in Guinea. The estimated number of vehicles will vary based on country needs with no minimum requirements. In consideration of satisfactory performance of all scheduled services required under this contract, the

Contractor shall be paid a firm fixed-price for all services.

THIS IS THE LIST OF REQUIRED SERVICES:

Provide up to 15 vehicles with drivers Monday through Friday and 6 vehicles on Saturday and

Sunday throughout this contract period, however, the actual number of vehicles needed per day may vary. And estimated costs for field trips will be based 100 days per month of overnight field travel outside of Conakry and 10 day trips outside of Conakry; however, the actual number of days may be higher or lower.

Technical Requirements

Vehicle Specifications:

Fleet vehicles must be SUVs (Minimum 6-litre engine, five-door, capable of carrying at least four adult passengers, 4x4) with 4WD/AWD capability and high ground clearance of at least eight inches. All Fleet vehicles must be in excellent working condition, including but not limited to the vehicles air conditioning, seat belts, rear and side view mirrors, turn signals, hazard lights, engine, tires, brakes, spare tire, jack, wheel rim, spanner, fire extinguisher, and other items to ensure safety of the vehicle and compliance with the laws of Guinea. The vehicle should also have driver and passenger airbags when available from the manufacturer. Both heating and air conditioning are required in all vehicles, and both systems must function.

Vehicles should be maintained with a clean interior and exterior from professional service. They should have a daily inspection checklist for safety and good functioning of the vehicle-may be completed by the driver, a mechanic or supervisor (including oil, transmission and brake fluid levels, status of tire tread and air pressure, headlights, etc.).

If the requested numbers of vehicles are not available, sedans shall not be used in place of ATVs or SUVs. Larger vehicles may replace the ATVs or SUVs but smaller vehicles shall not replace larger vehicles. If the Contractor makes substitutions, billing and payment shall be at the contract rate.

The Contractor shall provide two-way communication equipment (such as radios, cellular phones, or pagers) which shall be available for use by the driver at all times during the shift. Costs associated with this communication are the responsibility of the contractor.

CDC Guinea is responsible for supplying the fuel used in all rental vehicles except the fuel used prior to the Government’s acceptance of the vehicle.

Safety and Vehicle Maintenance

The contractor shall provide all services required to keep the vehicles in safe operational condition, with applicable insurance to cover all incidents of property damage, property loss, personal injury and wrongful death arising in connection with this contract. Insurance must cover all such incidents regardless of cause or fault, and the contractor must work directly with his or her insurers to resolve definitively such incidents when they arise. The level of insurance coverage shall be 100% of the premium (full coverage) with no deductible to be paid by the Government, and the contractor shall provide a copy of the vehicle registration and insurance to the US

Embassy Contracting Officer and their CDC representative. Each document must be up to date at all times, and a copy should be kept in each vehicle. Any vehicle with expired registration or insurance should be replaced immediately by the contractor.

The Contracting Officer’s Representative shall identify recurring maintenance problems on any single vehicle (three occurrences within a 90 day period for the same issue) to the contractor for permanent replacement. In the event of a vehicle breakdown during travel with CDC passengers, the contractor shall respond within 2 hours of notification to recover, repair or replace vehicles at no additional cost to the US

Government. The contractor shall provide a 24-hour/7 day a week emergency response telephone number for receiving notifications of vehicle breakdown.

The contractor is responsible for scheduling and maintaining all vehicles in accordance with recommended maintenance plans provided by manufacturers of each vehicle.

When the contractor receives a vehicle for maintenance, the contractor will immediately provide a replacement vehicle at the time of delivery to the CDC to meet weekly obligations. The contractor will maintain records of all vehicle maintenance and parts replacements to document maintenance actions completed, though maintenance is at no additional cost to the Government (parts, labor, materials, supervision, and expertise, etc. – including those items replaced due to normal wear and tear, in addition to those parts which may be damaged by driving on poor roads, or in an accident). CDC

Guinea will provide fire extinguishers and a first aid kit for each vehicle which must be returned to CDC when a vehicle is no longer supported under this contract.

The contractor’s representative and CDC’s representative must perform a joint inspection and shall document in writing vehicle condition upon delivery and at end of official use. The US Government is not responsible for any damages documenting on the delivery inspection checklist, damages not documented on return inspection, or for fair wear and tear. The contractor is responsible through their insurance for damage incurred on the road, parking lots and accidents.

Scheduling and Availability

Vehicles with drivers shall be available 7 days per week. Vehicles shall be dispatched within

15 minutes of a request being made by the authorized requester during the CDC business hours and within 30 minutes of a request that being made after regular business hours.

A dispatch or driver should be available as an on-call or in case of emergency driver during non CDC work hours and non CDC workdays (i.e. holidays or weekends).

In special circumstances, requests for vehicles with drivers will be made in advance, and require prior approval of CDC-Guinea Deputy Director or a delegate. In the case of emergencies on a non-CDC workdays or during non CDC work hours, a driver should be available within 2 hours after a request for services is received.

Each driver shall maintain a log book that is subject to a random sampling that contains daily log entries for Conakry day /evening shifts with trip starting and ending time and location of each trip, mileage at the beginning and end of each trip, and legible passenger signatures. All day and overnight travel should have name of passenger for each trip, destinations of all movement of the car, contact information for driver and location of overnight stay.

Under no circumstances shall the contractor exceed the quantities stated in a Task Order (see 9, Task Orders) issued by the Contracting Officer. The Contractor shall notify the Contracting Officer in writing 30 days before the Contractor expects the total costs incurred to exceed 75% of any issued Task Order.

Billing and Rates:

Cost per day includes comprehensive transportation as needed within Conakry, Guinea per vehicle with driver. Emergency transportation can be provided with prior approval from the CDC Country Office Deputy Director or a delegate.

Trips outside of Conakry shall include service fee rates that allow for costs of driver meals, incidents and hotels (if needed), and it is the responsibility of the contractor ensure driver agreements include this funding.

Monthly billing shall include a table of each vehicle’s day rate with number of days vehicles are actually used, and number of days and locations for day trips and/or overnight field trips.

Vehicles price shall be billed only if physically assigned to and requested for CDC activities as scheduled by the CDC representative. The contractor shall coordinate daily number of vehicles closely with the CDC representative to ensure appropriate number of vehicles is dispatched daily.

This is an indefinite-delivery, indefinite-quantity, type contract with firm-fixed daily rates.

o The US government shall place orders/requests for vehicles as needed based on a fixed rate per vehicle and driver per day. The contractor shall only invoice based on actual vehicles used. The contractor shall invoice for costs associated with field trips to include hotels and meals as part of a fixed rated for field trip service package.

o The daily fixed rates with driver shall include all the costs necessary to accomplish the work as required by this contract, including all managerial cost, administrative cost, vehicles, drivers, communication equipment, and all vehicle operation expenses, including oil and all other maintenance items. They also include passenger insurance.

C.6 Special Considerations

Contractor performance criteria should be based on:

Contractor adherence to the SOW

Observance of professional standards in conduct and safety

Availability of vehicles and driver services and previous performance

The CDC shall provide the fuel used in rental vehicles used in support of CDC activities except the fuel used prior to the Government’s acceptance of the vehicle.

C.7 Reporting Schedule

The selected contractor shall report directly to the designated COR and/or the COR designated representative for analysis of the proposal, clarifying the requirements of the SOW, vehicle specifications and daily requests. Throughout the life of the project the contractor shall communicate on a regular basis with the COR or the designated representative the status of the project, any projected delays or issues that might require changes or modifications.

1. GENERAL

The Contractor shall provide passenger transportation services, vehicles with drivers for CDC individuals and approved passengers working in Conakry in the field on temporary duty for Ebola response technical and management assistance as well as other global security initiatives. The Contractor shall provide all managerial, administrative, direct labor personnel, vehicles, drivers (if required by the Work Statement), communication equipment, all running expenses (i.e., oil, etc.), and including all servicing and insurance of such vehicles that are necessary to accomplish all work required by this contract.

2. DEFINITIONS

“Calendar Day” means the twenty-four hour period from midnight to midnight. Saturdays, Sundays and all holidays are considered calendar days.

"COR" means the Contracting Officer's Representative, appointed in accordance with Section G of this contract.

"Government" means the Government of the United States of America unless specifically stated otherwise.

"Ordering Officer" means the Contracting Officer of the U.S. Embassy Conakry- Guinea.

“Services” means the services performed, workmanship, and equipment furnished or utilized in the performance of the services.

3. MANAGEMENT

3.1. Contracting Officer’s Representative. The Contracting Officer’s Representative (COR) is responsible for validating requests from vehicle users, and providing instructions for vehicle use to the Contractor on a daily or less frequent basis. The COR does not have authority to issue task orders under this contract. See Article 9 for task order issuance.

3.2 Authorized Service Requesters. Each task order shall list the names and phone numbers of all authorized service requester(s). Service requesters are only authorized to order service within the boundaries established in the task order and are not authorized to order services from vehicles that were not included in that task order.

3.3 Project Manager. The Contractor shall designate a Project Manager who shall be the Contractor’s point of contact. The Project Manager shall be responsible for managing the Contractor’s work under this contract, including delegating requests to drivers (if drivers are required by this contract) along with any instruction required, and ensuring a smooth and effective operation. The Contractor’s Project Manager and telephone number are:

Project Manager: [Insert name at time of award] Telephone Number: [Insert telephone number at time of award]

3.4 Documentation of Usage. Each driver shall obtain a certifying signature from the vehicle user (passenger) on Daily Vehicle Use Record at the end of each service (trip) each day. The Contractor shall attach this form to the invoice as a supporting document to verify the services provided.

4. VEHICLES

4.1. Types of Vehicles

The Government requires the following types of vehicles, if ordered under this contract. All vehicles shall be of the latest model and in excellent condition with air-conditioning. The Contractor shall provide plate numbers before the vehicles are used. Fleet vehicles must be SUVs (Minimum 6-litre engine, five-door, capable of carrying at least four adult passengers, 4x4) with 4WD/AWD capability and high ground clearance of at least eight inches. All Fleet vehicles must be in excellent working condition, including but not limited to the vehicles air conditioning, seat belts, rear and side view mirrors, turn signals, hazard lights, engine, tires, brakes, spare tire, jack, wheel rim, spanner, fire extinguisher, and other items to ensure safety of the vehicle and compliance with the laws of Guinean. Fleet vehicles provided under this Contract must be registered in accordance with the Guinean Code of Law for business use. Contractor must provide proof of registration and liability insurance at 100% full coverage of the premium.

4.2 Replacement/Servicing. The Contractor shall provide a replacement vehicle equivalent to the type that requires replacement, due to accident, breakdown, or any other reason, within one (1) hour of notice by the driver or by the COR.

5. COMMUNICATION EQUIPMENT

The Contractor shall provide two-way communication equipment (such as radios, cellular phones, or pagers) which shall be available for use by the driver at all times during the shift.

6. DISPATCH POINTS

6.1 Dispatch points should be stated in each individual task order.

6.2 Level of Service. Vehicles shall be available to pick up passengers at the dispatch points listed in individual task orders within 15 minutes of a request being made by the authorized requester. Vehicles without drivers shall be delivered to the dispatch point listed in the individual task order within 4 hours of a request being made by the authorized requester.

7. PERSONNEL

7.1 The Contractor shall provide qualified drivers for each vehicle specified in this contract.

Drivers employed to perform services shall be experienced, competent, and physically and technically competent in transportation services to perform such services and shall possess the appropriate license and insurance and have a good driving record.

7.2 The Contractor shall provide the Government all information required for drivers with any security clearance, accreditation, vehicle access, and licenses required to provide services under this contract.

7.3 Standards. Each driver shall meet minimum standards including:

a. Compliance with the requirements listed in paragraphs 7.3.1 through 7.3.3.

b. English skills - have a good working level of English language skills

c. Local knowledge - Be completely familiar with local areas; at any given time, know alternate routes should primary route be impassable or otherwise not the best alternative

d. Licenses – Possess a valid driver’s license

7.3.1 SECURITY. General. The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual. The Government will run background checks on all proposed Contractor employees. The Contractor shall provide the names, biographic data and police clearance on all Contractor personnel who shall be used on this contract.

7.3.2 Time Requirements. Within five days after contract award, the Contractor shall submit the following minimum number of names for drivers for the types of vehicles listed below:

Minimum Number of Drivers: Six (6)

Type of Vehicle SUV

7.3.3 Identity Cards. The Government shall issue identity cards to Contractor personnel, after they are approved. Contractor personnel shall display identify card(s) on the uniform at all times while on providing services under this contract. These identity cards are the property of the Government.

The Contractor is responsible for their return at the end of the contract, when an employee leaves Contractor service, or at the request of the Government.

7.4. Training. The Contractor shall provide training for all drivers in areas such as operating procedures and communication equipment/systems.

8. PAYMENT

Payment will be paid by the U.S. Embassy Conakry-Guinea.

9. TASK ORDERS

Task Orders under this contract shall contain the following information:

(a) Name of contractor,

(b) Contract number,

(c) Date of purchase,

(d) Purchase number,

(e) Number of vehicles,

(f) Unit price,

(g) Total price, and

(h) Payee.

The Contracting Officer may place orders orally, telephonically, by facsimile, or in writing. Oral orders shall be confirmed in writing within three calendar days. If more than one contractor has received an award, the following procedures shall govern regarding issuance of individual task orders. The Contractor shall provide no rooms without an order issued by the Contracting Officer.

QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting

Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the

Government is to monitor quality to ensure that contract standards are achieved.

Performance Objective Scope of Work Para Performance Threshold Services.

Performs all vehicle rental services set forth in the scope of work.

1. thru 9.

All required services are performed and no more than one

(1) customer complaint is received per month.

1 SURVEILLANCE. The COR shall receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR shall send the complaints to the

Contractor for corrective action.

2 STANDARD. The performance standard is that the Government receives no more than one

(1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR

52.212.4, Contract Terms and Conditions-Commercial Items (May 2001), if any of the services exceed the standard.

3 PROCEDURES.

(a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.

(b) The COR will complete appropriate documentation to record the complaint.

c) If the COR determines the complaint is invalid, the COR should advise the complainant.The

COR shall retain the annotated copy of the written complaint for his/her files.

(d) If the COR determines the complaint is valid, the COR shall inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.

(e) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.

(f) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR shall review the matter to determine the validity of the complaint.

(g) The COR shall consider complaints as resolved unless notified otherwise by the complainant.

(h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (MAY

2015), is incorporated by reference (See SF-1449, Block 27a).

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL ITEMS (SEPT 2016)

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

Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

__X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct

2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

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__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)

(15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and

(3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2015) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15

U.S.C. 637(m)).

X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O.

13126).

__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

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__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (JUN 2016) (E.O. 13693).

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014)

(E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C.

8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (45) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (46)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014)

(41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

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__ (iv) Alternate III (May 2014) of 52.225-3.

X__ (47) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X__ (48) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal

Year 2008; 10 U.S.C. 2302 Note).

__ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

__ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

X__ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

X__ (54) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

(Jul 2013) (31 U.S.C. 3332).

__ (55) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

__ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (58)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.]

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter

67).

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