janitorial_solicitation_SVE30016Q0006.doc

JANITORIAL SERVICES

COMMERCIAL ITEMS FORMAT

LAYOUT OF THIS MODEL

· List of Updates to the Model Contract

· Tick List for the Contracting Officer

· Cover Page Instructions

· Sample Cover Letter

· Contract Table of Contents

· Model Contract

UPDATES TO THE MODEL

12/04/2015- Update FAC 2005-84 (52.212-1, 52.212-3, 52.212-5)

07/17/15 – Update FAC 2005-79--83 (52.212-3, 52.212-4, 52.212-5, 52.222-56)

12/16/14 – Update FAC 2005-74, 76 thru 78 (52.204-16, 52.212-3, 52.212-5, 52.219-1, PIB 2014-21 updates full text of 652.209-79)

08/07/14 – Update FAC 73-75 (52.212-3, 52.212-4, 52.212-5, 52.228-3; PIB 2014-18 changed 52.232-99 to 52.232-40) 04/29/14 Update for FAC 70-72 (52.212-5, 52.212-3)

12/11/13 - Update FAC 2005-64 thru 69 (52.204-7, 52.204-12, 52.204-13, 52.212-3, 52.212-4, 52.212-5, 52.229-6, and 52.232-39), PIB 2012-16 (52.232-99 Deviation already included in models) 08/19/13 – Updated VAT, Section 1 (1.1), Block 23 or Pricing Section

05/20/13 – Update VAT info, Block 23, 1.1

05/08/13 – Update Section 3

03/21/13 – Update FAC 2012-18

02/0713 – Updated FAC 2005 – 60, 61, 62, 63; (52.212-3, 52-212-5 and 52.225-25)

12/12/12 – Deleted Acquisition Method reg CI Test Program

09/17/12 – Update PIB 2012-16, 17, 18

05/24/12 - Update FAC 2005-56-59, PIB 2012-11 (52.212-3, and 52.212-5) and PIB 2012-11 and PIB 2012-10

02/21/12 – Update per FAC 2005-55 (52.212-1, 52.212-4, and 52.212-5)

12/28/11 – Update FAC 2005-54 (52.212-03 and 52.212-05)

08/05/11 – Update FAC 2005-53 (52.212-5)

07/19/11 – Updates required by DOSAR (652.204-70; 652.237-71) 07/05/11 – Update FAC 2005-52 (52.212-3 and 52.212-5) 04/08/11 – Update FAC 2005-51

04/05/11 – Update to FAC 2005-48, 49, and 50

02/28/11 – Correction to Update FAC 2005-47.

02/22/11 – Updated per FAC 2011-7 by deleted 52.209-8 and replacing with 52.209-9 ALT 1

01/21/11 – Updated per FAC 47-48 and PIB 2011-03, 52.204-9, 52.209-8 and 52.212-3

10/20/10 – Updated 52.212.3

10/08/10 – Updated 52.212-5

09/07/10 – FAC 2005-45 to update 52.212-3 and 52.212-5

07/22/10 – FAC 2005-44 update to 52.212-5

07/14/10 – FAC 2005-43 update to (52.212-5 and 52.222-19)

07/01/10 – Update FAC 2005-42 (52.212-5)

06/28/10 - Update per PIB 2010 today’s date to add 52.222-40 DEVIATION

04/29/10- No change required by FAC 2005-41 04/23/10 – No change required by FAC 2005-39; changes required by FAC 2005-40 (52.209-7, 52.209-8, 52.212-5)

01/13/10 – Change required by FAC 2005-38 (52.212-5)

09/08/09 – Change to #31 under FAR 52.212-5

08/26/09 – Change requierd by FAC 2005-35 and 36 (52.212-3 and 5)

08/14/09 – Change required by FAC 2005-34 (52.212-3)

06/29/09 - Change required by FAC 2005-32 & 33 (52.212-3 and 5)

05/26/09 – Change to 52.212-3

05/05/09 – Change required by FAC 2005-31 (52.212-5)

02/26/09 – Change required by FAC 2005-29 and 30 (52.212-5, 52.212-3, 652.206-70)

12/19/08 – FAC 2005-28 (52.212-5)

10/08/08 – Update FAC 27 (52.212-4, 52.212-5)

07/28/08 – Change required by PIB 2008-20, inclusion of Contractor Identification clause

07/08/08 – Update FAC 26 (52.212-1, 52.212-3, 52.212-5)

6/26/08 – Update FAC 23-25 (52.212-1, 52.212-3, 52.212-5, 52.222-19, 52.204-6)

6/02/08 – Added note to include5 2.225-19 if danger post

05/29/08 – Added Mins/Max in Pricing for Temp/Addt’l services

01/31/08 – No update required by FAC 2005-23

12/03/07 – Change required by FAC 2005-21 and 22

09/20/07 - No update required by FAC 2005-20

09/05/07 – Change required by FAC 2005-19 (update) (52.204-9, 52.212-5 & 52.212-3) and add DOSAR 652.228-70 08/15/07 – Change required by PIB 2007-23 (Add DOSAR 652.204-70, Delete DOSAR 652.237-71)

07/17/07 – Change required by FAC 2005-18 (update) (52.212-5)

07/03/07 – No change required by FAC 2005-17 03/26/07 – Change required by FAC 2005-16 (update) (52.212-5)

02/15/06 – Change required by FAC 2005-15 (update) (52.212-4)

12/13/06 - Change required by FAC 2005-14 (update) (52.212-3 and 52.212-5)

12/04/06 – Update per FAC 2005-13 (FAR 53.212-1, 52.212-3 and 52.212-5)

08/08/06 – Update per FAC 2005-12 (FAR 52.212-5)

08/03/06 – Change to FAR internet reference

07/21/06 – Update 652.228-71; no change required by FAC 2005-11 07/10/06 – Change required by FAC 2005-10 (52.212-3, 52.212-5, 52.204-7, and 652.228-74)

07/02/06 – Change required by FAC 2005-9 (update FAR 52.204-9 and 652.237-71)

06/22/06 – Change required by FAC 2005-9 (update 52.212-5)

02/07/06 - Updated per FAC 2005-07 (update FAR 52.212-5 in full text and FAR 52.212-1)

01/19/06 – Updated per FAC 2005-08 (update FAR 52.212-5)

10/19/05 – Update per FAC 2005-06 (52.212-4 and 52.212-5)

08/19/05 – No update per FAC2005-05

06/28/05- Changed Required by FAC 2005-04(update FAR 52.212-5)

05/11/05 – Changes required by FAC 2005-3 (update FAR 52.212-5)

04/08/2005 – Changes required by FAC 2005-1 and 2005-2 (update FAR 52.212-3 to MAR 2005) 02/17/05 – Updated 52.212-5, 52.212-1, 52.212-3

12/16/04 – Deleted EPA Clause from Section 1.

01/02/04 – Updated 52.212-5 Section 2 (FAC 2001-25)

09/28/04 – Updated to cover new DBA 08/19/04 - Revised Section 1, paragraph 1 language and updated 52.204-6.

08/13/04 – Revised Section 2 to delete FAR 52.216-18, FAR 52.216-19, FAR 52.216-22 and DOSAR 652.216-70

07/06/04 – Updated 52.212-5 and 52.225-5 Section 2 (FAC 2001-24)

06/30/04 – Update 52.219-1 in instructions, updated 52.212-3 and 52.212-5 (FAC 2001-23)

04/26/04 - Revised for PIB 2004-25 updated DOSAR 652.216-70, 652.237-72, Deleted DOSAR 652.228-70

04/16/04 – Revised for FAC 2001-21 and FAC 2001–22 at FAR 52.212-5.

01/30/04 – No change for FAC 2001-17, FAC 2001-18 (update 52.212-1) and FAC 2001-19 (update 52.212-5)

CONTRACTING OFFICER TICKLIST AND GUIDANCE FOR THIS MODEL

FORMCHECKBOX

General - The attached model solicitation (Request for Quotations or RFQ) is prepared in the commercial item format prescribed in FAR 12.303.

FORMCHECKBOX

Always use A/OPE’s most recent contract model. Do not recycle an older version. Contract models are updated with FAR clauses many times per year. Link to contract models on A/OPE intranet site at: http://aopeead.a.state.gov/content.asp?content_id=8&menu_id=47.

FORMCHECKBOX

In the documentation to the A/OPE Desk Officer, Contracting Officer has stated the file name of the model the Contracting Officer has copied from A/OPE’s intranet site. Link to contract models on A/OPE intranet site at: http://aopeead.a.state.gov/content.asp?content_id=8&menu_id=47.

FORMCHECKBOX

Instructions for each “[Note to Contracting Officer]” have been followed

FORMCHECKBOX

Offeror and Contracting Officer have completed all appropriate fill-in-the-blank sections, many of which are denoted by “[ ]”

FORMCHECKBOX

FAR Part 12 addresses commercial item acquisitions. FAR Part 2 defines a commercial item. If you are uncertain whether these services in the host country fall within the commercial item definition, please contact your A/OPE Desk Officer, who will assist you in making that decision. Link to the FAR at: http://acquisition.gov/far/index.html.

FORMCHECKBOX

If you have questions about FAR Provisions and clauses, consult FAR 52.3, the provision and clause matrix, at http://acquisition.gov/far/current/html/52_301Matrix.html. Do not delete any provisions or clauses without talking with your A/OPE Desk Officer.

FORMCHECKBOX

REQUIRED – Before sending to A/OPE for review, all modified clauses are highlighted unless the instructions for that clause in the model expressly state that post should modify the clause to reflect post specifics.

FORMCHECKBOX

REQUIRED - Rationale for this modification has been included in the memo requesting review from A/OPE.

FORMCHECKBOX

Highlights have been removed before issuing solicitation

FORMCHECKBOX

Cover Page of Solicitation

FORMCHECKBOX

For commercial item contracts/purchase orders exceeding $150,000, use the SF-1449 as the cover page.

FORMCHECKBOX

For commercial item contracts/purchase orders of $150,000 or less, use either the SF-1449 (which can be used for the RFQ and award) or the SF-18 (for the RFQ) and OF-347 (for the award). If the SF-18 is used:

FORMCHECKBOX

Include FAR clause 52.212-4 and provision 52.212-1, either by reference or in full text (this clause and provision are included on the SF-1449 by reference in Block 27, but not on the SF-18); and

Correct all references to the SF-1449. Consequently, it would be simpler to use the SF-1449 in all cases when buying services as a commercial item.

For commercial item contracts/purchase orders of up to $6.5 million, use a Request for Quotations (RFQ) number, rather than a Request for Proposals (RFP) number.

FORMCHECKBOX

Fill-Ins and Add-Ins -- The solicitation contains several FAR clauses that must be filled in, either by you (before the RFQ is released) or by the offeror/quoter, before submitting the document to you. These fill-ins are as follows:

Contracting Officer completes:

FORMCHECKBOX

52.216-18 Ordering

FORMCHECKBOX

52.216-19 Order Limitations

FORMCHECKBOX

52.216-22 Indefinite Quantity

FORMCHECKBOX

52.217-9 Option to Extend the Term of the Contract

FORMCHECKBOX

52.232-19 Availability of Funds for the Next Fiscal Year

Offeror/quoter completes:

FORMCHECKBOX

52.212-3 Offeror Representations and Certifications--Commercial Items

FORMCHECKBOX

Bio-preferred products - If US firms or products are being solicited then include 52.223-1 and 52.223-2 in the solicitation/contract. Place in Section 2.

FORMCHECKBOX

Appropriate information has been entered into all blank fields

FORMCHECKBOX

Your A/OPE Desk Officer has approved this document when and where approval is appropriate

FORMCHECKBOX

Tailoring of FAR clauses - Some tailoring of FAR clauses is permissible, but this should rarely occur. In the model, the addendum for both FAR clause 52.212-4 and FAR provision 52.212-1 shows no tailoring. If you need to tailor this clause, please contact your A/OPE Desk Officer for guidance.

FORMCHECKBOX

The entire contract model, including all completed tick lists and instructions, has been saved somewhere for your records so you’ll have a history of what you’ve done.

FORMCHECKBOX

“Model Updates” at the beginning of this document were deleted before final printing.

FORMCHECKBOX

ALL “Tick List and Guidance” comments have been deleted before final printing.

FORMCHECKBOX

“[Notes to Contracting Officer]” which are embedded in the model have been deleted before final printing

FORMCHECKBOX

Contracting Officer has read the document before it has been submitted to A/OPE for review.

FORMCHECKBOX

Contracting Officer has made sure all A/OPE comments are incorporated before issuance.

FORMCHECKBOX

Contracting Officer has actually read the final document before distribution.

FORMCHECKBOX

The document makes sense to both you and your A/OPE Desk Officer.

FORMCHECKBOX

The Proposal due date is listed per instructions in FAR Part 5. Also, the Contracting Officer has ensured this due date does not fall on an Embassy holiday or weekend. Link to the FAR at: http://acquisition.gov/far/index.html.

FORMCHECKBOX

PIB 2007-14 has been reviewed to ensure public notification/advertising requirements have been satisfied where appropriate. When in doubt, contact your A/OPE Desk Officer. Link to PIBs on A/OPE intranet site at: http://aopepd.a.state.gov/content.asp?content_id=86&menu_id=50.

FORMCHECKBOX

The proposed COR has been notified of all required training as set forth in DOSAR Subpart 642 to ensure these requirements have been satisfied prior to or at the time of award. Link to DOSAR at: http://aope.a.state.gov/dosar/fullscreen.asp.

FORMCHECKBOX

Contracting officer has negotiated for the lowest priced technically acceptable offer.

FORMCHECKBOX

Post has reviewed the historical data associated with Temporary Additional Services to determine whether or not these services are required or necessary.

FORMCHECKBOX

Please note we have deleted DOSAR 652.216-71 the Economic Price Adjustment Clause (EPA) from Section 1 of this model. It has been determined that the Contractor should assume the risk and negate the need for further cost/analysis and re-negotiations to be done at posts. This applies to posts where the minimum wage and labor cost increases are standard, increases do not fluctuate substantially, and market forces and price competition have been shown to be fair and reasonable. Please contact your A/OPE Desk Officer if you feel it is necessary to include this clause.

FORMCHECKBOX

If there have been big fluctuations in the economy, post may elect to incorporate less option years. If this is done, then there will be additional changes within the document.

FORMCHECKBOX

You have coordinated the tasks with the requirements office to ensure all tasks are necessary to include the timing.

FORMCHECKBOX

Defense Base Act Insurance clauses reviewed and modified

FORMCHECKBOX

When the Contracting Officer has a reasonable expectation that no covered contractor employees (see PIB 2009-20 on A/OPE intranet site at: http://aopepd.a.state.gov/content.asp?content_id=86&menu_id=50 for definition of covered versus non covered employees) will be included in the offers (e.g., offers will come from local overseas contractors and the work is to be performed in a country that has local workers’ compensation laws), the contracting officer shall include the following FAR clause and DOSAR provision in the document:

FORMCHECKBOX

FAR clause 52.228-4, Workers’ Compensation and War-Hazard Insurance Overseas; place in Section 2

FORMCHECKBOX

Provision entitled Defense Base Act – Covered Contractor Employees; place in Section 5

FORMCHECKBOX

If, in response to the document, any offeror knows that they will employ covered employees, the offeror is required to notify the

Contracting Officer prior to the closing date.

FORMCHECKBOX

The Contracting Officer shall then amend the document to add a line item in Section 1 (see sample language in B.2.7 and actual item in B.3.6 of the LGP model). Link to LGP contract model at: http://aopeead.a.state.gov/content.asp?content_id=7&menu_id=46

FORMCHECKBOX

If covered employees will be employed, delete the following

Provision entitled 652.228-70 Defense Base Act – Covered Contractor Employees from Section 2.

Also, add the following clauses/provisions:

FORMCHECKBOX

FAR clause 52.228-3, Workers’ Compensation Insurance (Defense Base Act); place in Section 2.

FORMCHECKBOX

DOSAR clause 652.228-71, Workers’ Compensation Insurance (Defense Base Act) – Services; place in Section 2.

FORMCHECKBOX

Offerors shall be given additional time to incorporate the DBA contractor rates into their proposed prices.

FORMCHECKBOX

Section 3 completed. Pre-Proposal Conference/Site Visit - If there will be a pre-proposal conference or site visit, provide information in a cover letter to the solicitation. You may use the pre-proposal conference/site visit language from any of the other A/OPE model solicitations and add to Section 3. Link to contract models on A/OPE intranet site at: http://aopeead.a.state.gov/content.asp?content_id=8&menu_id=47

FORMCHECKBOX

SECTION 5 COMPLETED - American Business Sources

FORMCHECKBOX

For Section 5 inserts which follow, you have deleted all instructions such as “[Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.]”

FORMCHECKBOX

All tick marks such as this one “[ ]” have been appropriately ticked

FORMCHECKBOX

If you know or expect that American businesses may submit a proposal, you must include the following solicitation provision, in addition to the other certifications contained in this solicitation. This certification is used to determine whether the firm is considered small by the Small Business Administration (SBA).

FORMCHECKBOX

If you receive an offer from a small business, and you determine that firm to be non-responsible, then you must refer the matter to A/OPE and A/SDBU for referral to SBA; any determination of non-responsibility of an American small business must be referred to SBA prior to award of the contract. SBA will then determine whether to issue a Certificate of Competency (SBA) attesting to the firm's ability to perform the contract. For more information, see FAR 19.000(b) and 19.6. Link to the FAR at: http://acquisition.gov/far/index.html

FORMCHECKBOX

If the above conditions are met, include the following at the end of Section 5 and number as the next sequential number in the Section 5 series.

52.219-1 Small Business Program Representations (oct 2014)

(a) Definitions. As used in this provision—

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.

“Small disadvantaged business concern,” consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is 561720.

(2) The small business size standard is 18,000,000 million dollars.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(c) Representations.

(1) The offeror represents as part of its offer that it o is, o is not a small business concern.

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is, o is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that—

(i) It o is, o is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that—

(i) It o is, o is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a veteran-owned small business concern.

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

(End of provision)

FORMCHECKBOX

If U.S. firms are being solicited/awarded a contract the following FAR clause must be provided in full text in Section 2:

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)

(a) During the term of this contract, the Contractor shall post a notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2 (d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor’s plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relation Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any website that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor’s website that contains the full text of the poster. The link to the Department’s website, as referenced in (b)(3) of this section must read, “Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers.”

(b) This required notice, printed by the Department of Labor, can be –

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs; or

(2) Provided by the Federal contracting agency, if requested;

(3) Downloaded from the Department of Labor, Office of Labor-Management Standards (OLMS) web site at:

http://www.dol.gov/olms/regs/compliance/EO13496.htm ; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor’s official poster.

(c) The required text of the Employee Notification referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.

(d) The Contractor shall comply with all provisions of the Employee Notice and related rules, regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and FAR Subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 471, which implements E.O. 13496 or as otherwise provided by law.

(f) Subcontracts.

(1) The Contractor shall include the substance of the provisions of paragraphs (a) through (f) of this clause in every subcontract that exceeds $10,000 unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

(2) The Contractor and subcontractor are not permitted to procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this subpart.

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for non compliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

FORMCHECKBOX

Inherently Governmental Function (IGF): Reminder for Requiring Offices - All requirements for new services must undergo a pre-award assessment by the requiring office to ensure the statement of work does not include any inherently governmental functions. The Form DS-4208, Request for Services Contract Approval, found in PIB 2012-11, attachment 1, is available on e-Forms and will be used to meet this requirement. Link to PIBs on A/OPE intranet site at: http://aopepd.a.state.gov/content.asp?content_id=86&menu_id=50

FORMCHECKBOX

Third Country Nationals (TCN): The clause, Recruitment of Third Country Nationals for Performance on Department of State Contracts, shall be included in any solicitation and contract (including commercial items) valued over $150,000 requiring non-professional labor where contract performance will require recruitment of third country national labor specifically for contract performance. Contractors shall submit Recruitment and Housing Plans as appropriate and shall be evaluated and contracts shall only be awarded to contractors submitting acceptable plans (PIB 2012-10). Link to PIBs on A/OPE intranet site at: http://aopepd.a.state.gov/content.asp?content_id=86&menu_id=50.

RECRUITMENT OF THIRD COUNTRY NATIONALS FOR PERFORMANCE ON DEPARTMENT OF STATE CONTRACTS (October 17, 2012)

1. On contracts exceeding $150,000 where performance will require the recruitment of non-professional third country nationals, the offeror is required to submit a Recruitment Plan as part of the proposal. Contractors providing employer furnished housing are required to submit a Housing Plan.

2. Recruitment Plan

a. State the anticipated number of workers to be recruited, the skills they are expected to have, and the country or countries from which the Contractor intends to recruit them.

b. Explain how the Contractor intends to attract candidates and the recruitment strategy including the recruiter.

c. Provide sample recruitment agreement in English.

d. State in the offer that the recruited employee will not be charged recruitment or any similar fees. The Contractor or employer pays the recruitment fees for the worker if recruited by the Contractor or subcontractor to work specifically on Department of State jobs.

e. State in the offer that the Contractor’s recruitment practices comply with recruiting nation and host country labor laws.

f. State in the offer that the Contractor has read and understands the requirements of FAR 52.222-50 Combating Trafficking in Persons.

g. Contractor and subcontractors shall only use bona fide licensed recruitment companies. Recruitment companies shall only use bona fide employees and not independent agents.

h. Contractor will advise the Contracting Officer of any changes to the Recruitment Plan during performance.

3. The offeror will submit a Housing Plan if the Contractor intends to provide employer furnished housing for TCNs. The Housing Plan must describe the location and description of the proposed housing. Contractors must state in their offer that housing meets host country housing and safety standards and local codes or explain any variance. Contractor shall comply with any Temporary Labor Camp standards contained in this contract. In contracts without a Temporary Labor Camp standard, fifty square feet is the minimum amount of space per person without a Contracting Officer waiver. Contractor shall submit proposed changes to their Housing Plan to the Contracting Officer for approval.

4. Department of State contractor and subcontractors will treat employees with respect and dignity by taking the following actions:

a. Contractor may not hold employee passports and other identification documents longer than 48 hours without employee concurrence. Contractors and subcontractors are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document to prevent or restrict the person’s liberty to move or travel in order to maintain the services of that person, when the person is or has been a victim of a severe form of trafficking in persons.

b. Contractor shall provide employees with signed copies of the/their employment contracts, in English and the employee’s native language, that define the terms of employment, compensation, job description, and benefits. Contracts must be provided prior to employee departure from their countries of origin.

c. Contractor shall provide all employees with a “Know Your Rights” brochure and document that employees have been briefed on the contents of the brochure. The English language version is available at http://www.state.gov/j/tip/ or from the Contracting Officer.

d. Contractor shall brief employees on the requirements of the FAR 52.222-50 Combating Trafficking in Persons including the requirements against commercial sex even in countries where it is legal and shall provide a copy of the briefing to the Contracting Officer Representative (COR).

e. Contractor shall display posters in worker housing advising employees in English and the dominant language of the Third Country Nationals being housed of the requirement to report violations of Trafficking in Persons to the company and the company’s obligation to report to the Contracting Officer. The poster shall also indicate that reports can also be submitted to the Office of the Inspector General (OIG) Hotline at 202-647-3320 or 1-800-409-9926 or via email at OIGHotline@state.gov.

f. Contractor and subcontractors shall comply with sending and receiving nation laws regarding transit, entry, exit, visas, and work permits. Contractors are responsible for repatriation of workers imported for contract performance.

g. Contractor will monitor subcontractor compliance at all tiers. This includes verification that subcontractors are aware of, and understand, the requirements of FAR 52.222-50 Combating Trafficking in Persons and this clause. Contractors specifically agree to allow U.S. Government personnel access to contractor and subcontractor personnel, records, and housing for audit of compliance with these requirements.

h. The Contractor agrees to include this clause in all subcontracts over $150,000 involving recruitment of third country national for subcontractor performance.

COVER PAGE INSTRUCTIONS

[Note to Contracting Officer – Use either the SF-1449 or SF-18 as the cover page.

· See the Overseas Cookbook, Chapter 8 for instructions on how to complete the SF-1449. This example is actually an SF-1449 completed for contract award. When completing an SF-1449 for purposes of a solicitation cover page, fill in the following blanks, following the Overseas Cookbook sample. All other blanks are left uncompleted at this time:

· Block 5

· Block 6

· Block 7a and b

· Block 8

· Block 9

· Block 10

· Block 11, if applicable

· Block 14

· Block 15

· Block 20 (fill in brief description of what is being purchased followed by “See Attached”

· Block 27a and 27b

· See Overseas Cookbook Chapter 2 for instructions on how to complete the SF-18.]

Caracas March 01 2016 To:

Prospective Quoters Subject: Request for Quotations number SVE30016Q0006 Enclosed is a Request for Quotations (RFQ) for Janitorial Services. If you would like to submit quotation, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form 1449 that follows this letter.

The U.S. Government intends to award a contract/purchase order to the responsible company submitting an acceptable offer at the lowest price. We intend to award a contract/purchase order based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.

Quotations are due by June 15 2016 before 4:00P.M.

Sincerely, Timothy P. Lockwood

Contracting Officer

Enclosure

TABLE OF CONTENTS

Section 1 - The Schedule

· SF 18 or SF 1449 cover sheet

· Continuation To SF-1449, RFQ Number SVE30016Q0006 , Prices, Block 23

· Continuation To SF-1449, RFQ Number SVE30016Q000, Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement

· Attachment 1 to Description/Specifications/Performance Work Statement, Government Furnished Property

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 SVE30016Q0006

PRICES, BLOCK 23

1.

PRICES AND PERIOD OF PERFORMANCE

The Contractor shall perform janitorial work, including furnishing all labor, material, equipment and services, for the U.S. Caracas-Venezuela. The price listed below shall include all labor, materials, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit. The Government will pay the Contractor the fixed price per month for standard services and a fixed rate per square meter for any temporary additional services that have been satisfactorily performed.

After contract award and submission of acceptable insurance certificates, the Contracting Officer shall issue a Notice to Proceed. The Notice to Proceed will establish a date (a minimum of ten (10) days from start date listed in Notice to Proceed unless the Contractor agrees to an earlier date) on which performance shall start.

Because Temporary/Additional Services are based on indefinite delivery/indefinite quantity the minimum and maximum amounts are defined below:

Minimum: The Government shall place orders totaling a minimum of 100 square meters. This reflects the contract minimum for each year of the contract.

Maximum: The amount of all orders shall not exceed 6,000 square meters. This reflects the contract minimum for each year of the contract.

The performance period of this contract is from the start date in the Notice to Proceed and continuing for 12 months, with two, one-year options to renew. The initial period of performance includes any transition period authorized under the contract.

1.1 VALUE ADDED TAX

VALUE ADDED TAX. Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices. Local law dictates that all portions of the contract price that is subject to VAT; this percentage (12%) is multiplied only against the entire portion. It is reflected for each performance period.

1.2. Base Year (Option Term: Twelve (12) Months)

A. Standard Services. The firm fixed price for the Base Year of the contract is:

VAT (12%) 12

B. Temporary Additional Services. The unit price (firm-fixed-price) is:

VAT (12%)

C. Total Price for Base Year = A+B

1.3. Option Year 1 (Option Term: Twelve (12) Months)

A. Standard Services. The firm fixed price for the Base Year of the contract is:

VAT (12%) 12

B. Temporary Additional Services. The unit price (firm-fixed-price) is:

VAT (12%)

C. Total Price for Base Year = A+B

1.4. Option Year 2 (Option Term: Twelve (12) Months)

A. Standard Services. The firm fixed price for the Base Year of the contract is:

VAT (12%) 12

B. Temporary Additional Services. The unit price (firm-fixed-price) is:

VAT (12%)

C. Total Price for Base Year = A+B

1.7 Grand Total of Base and All Option Years

Base Year Total

Option Year 1 Total

Option Year 2 Total

Grand Total- Base and All Option Years

CONTINUATION TO SF-1449,

RFQ NUMBER SVE30016Q0006

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1.

SCOPE OF WORK

The purpose of this fixed price contract is to obtain janitorial services for real property owned or managed by the U.S. Government at Caracas- Venezuela. The Contractor shall perform janitorial services in all designated spaces including, but not limited to halls, offices, restrooms, work areas, entrance ways, lobbies, storage areas, elevators, exterior walls, and stairways. The contract will be for a one year period from the date of the contract award, with two, one-year options.

The Contractor shall furnish all managerial, administrative, and direct labor personnel that are necessary to accomplish the work in this contract. Contractor employees shall be on site only for contractual duties and not for other business purposes.

1.1 General Instructions

The Contractor shall prepare general instructions for the work force. The Contractor shall provide drafts to the Contracting Officer's Representative (COR) for review within thirty days after contract award. The Contracting Officer’s Representative must approve these general instructions before issuance.

1.2 Duties and Responsibilities 1.2.1 Certain areas listed in paragraph #3 require an escort and can only be entered during scheduled times. The General Instructions shall emphasize security requirements so that accidental security violations do not occur.

1.2.2.

Contractor shall schedule routine cleaning requirements to ensure that these are done in the order and time frame that are most efficient and have the least impact on normal operations. They are to be performed on a daily basis.

1.2.3.

Contractor shall schedule periodic cleaning requirements so that it causes minimal disruption to the normal operation of the facility. The COR shall determine the schedules presented which meet the needs of the individual facility.

1.2.4.

Temporary Additional Services are services that are defined as Standard Services but are required at times other than the normal workday. These services shall support special events at the Post. The Contractor shall provide these services in addition to the scheduled services specified in this contract. The COR shall order these services as needed basis. This work shall be performed by Contractor trained employees, and shall not be subcontracted. The COR may require the Contractor to provide temporary additional services with 24 hour advance notice.

1.2.5 The Contractor shall include in its next regular invoice details of the temporary additional services and, if applicable, materials, provided and requested under temporary additional services. The Contractor shall also include a copy of the COR’s written confirmation for the temporary additional services.

1.3 Types of Services

Standard Services shall include the following work:

1.3.1 Daily Cleaning Requirements shall consist of:

1.3.1.1 Sweeping all floor areas including damp mopping of areas such as tile, linoleum, marble floors, staircases and public areas. Floors shall be free of dust, mud, sand, footprints, liquid spills, and other debris. Chairs, trash receptacles, and easily moveable items shall be tilted or moved to clean underneath. The frequency may be higher than once per day when it is rainy or snowy. When completed, the floor and halls shall have a uniform appearance with no streaks, smears, swirl marks, detergent residue, or any evidence of remaining dirt or standing water.

1.3.1.2 Dusting and cleaning all furniture including desks, chairs, credenzas, computer tables, telephone tables, bookshelves with or without glass doors, coat racks, umbrella stands, pictures, maps, telephones, computers and CRT screens, lamps and other common things found in an office environment. All furniture shall be free of dust, dirt, and sticky surfaces and areas.

1.3.1.3 Vacuuming all clean rugs and carpets, runners, and carpet protectors so that they are free from dust, dirt, mud, etc. When completed, the area shall be free of all litter, lint, loose soil and debris. Any chairs, trash receptacles, and easily moveable items shall be moved to vacuum underneath, and then replaced in the original position.

1.3.1.4 Thorough cleaning of toilets, bathrooms, mirrors, and shower facilities, using suitable non-abrasive cleaners and disinfectants. All surfaces shall be free of grime, soap scum, mold, and smudges. The Contractor shall refill paper towels, toilet paper, and soap in all bathrooms. The Contractor shall check those areas used by personnel visiting the chancery several times daily to ensure that the facilities are always clean and neat.

1.3.1.5 Emptying all wastepaper baskets, ashtrays and washing or wiping them clean with a damp cloth, replacing plastic wastepaper basket linings and returning items where they were located.

1.3.1.6 Cleaning of glasses, cups, and coffee services in conference facilities and in the Ambassador's office area. The Contractor shall clean the items in hot soapy water and rinse, dry and polish so that a presentable appearance is maintained.

1.3.1.7 Removing any grease marks or fingerprints from walls, doors, door frames, radiators, windows and window frames, glass desk protectors, reception booths and partitions.

1.3.1.8 Removing trash to designated area as directed by the COR, and keeping trash area in a reasonably clean condition.

1.3.1.9 Sweeping debris from walkways and driveways and hose cleaning them during appropriate climatic and water use conditions.

1.3.1.9 Replace water dispenser bottles as needed with one bottle having water in the dispenser and one full replacement readied/placed next to the dispenser.

1.3.2 Weekly Cleaning Requirements shall consist of:

1.3.2.1 Polishing all brass surfaces including door and window handles, plaques.

1.3.2.2 Dusting tops of tall furniture, tops of picture frames and areas not covered in daily dusting.

1.3.2.3 Spot cleaning baseboards and walls.

1.3.2.4 Spot waxing and polishing floors as needed.

1.3.2.5 Shampooing (small area spot clean; as needed) carpets.

1.3.2.6 Dusting window sills and blinds.

1.3.2.7 Cleaning shutters as required.

1.3.2.8 Sweeping and washing terraces, balconies, stairs, walkways, concrete walls to remove all accumulated dirt and debris.

1.3.2.9 Sweeping lower and upper parking lot areas to remove all accumulated dirt and debris.

1.3.3 Monthly Cleaning Requirements shall consist of:

1.3.3.1 Cleaning major appliances inside and out including vacuuming dust from around motor areas.

1.3.3.2 Wiping window blinds with a damp cloth to ensure that all smudges are removed.

1.3.3.3 Cleaning inside window glass and sash of smudges and accumulated dirt.

1.3.3.4 Moving all furniture and vacuuming or polishing the floor under the furniture as appropriate.

1.3.3.5 Cleaning of light fixtures, supply and return vents throughout each building

1.3.3.6 Periodic cleaning of the walls in common areas routinely, particularly the bathroom stalls.

1.3.3.7 Pressure washing of all walkways and the exterior (fascade) of each building (within reach)

1.3.3.8 Cleaning of window seals and shades (interior)

1.3.4 Quarterly Cleaning Requirements shall consist of:

1.3.4.1 Washing the outsides of the windows. When completed the windows shall be free of smudges, lint, or streaks from the surfaces.

1.3.4.2 Removing and washing window blinds.

1.3.4.3 Shampooing the entire surface of carpets in the high traffic areas.

1.3.4.4 Cleaning and sanitizing the trash holding area.

1.3.4.5 Dusting and wiping light fixtures and chandeliers. When completed, the light fixtures shall be free from bugs, dirt, grime, dust, and marks.

1.3.4.6 Quarterly, bleach/acid washing of all bathroom floors.

1.3.4.7 Pressure washing/cleaning of all awnings and overhangs.

1.3.4.8. Cleaning and sanitizing the water dispensers per manufacturer’s recommendations.

1.3.5 Semi-Annual Cleaning Requirements shall consist of:

1.3.5.1 Stripping wax coats, spot checking sealer coats, and completely reapplying wax coats.

1.3.5.2 Power…