SOLICITATION NOTICE
M -- Custodial, Recycling & Snow Removal Services - Attachments - 1449
- Notice Date
- 10/26/2010
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 561720
— Janitorial Services
- Contracting Office
- U.S. Department of State, Office of Logistics Management, Acquisition Management, P.O. Box 9115, Rosslyn Station, Arlington, Virginia, 22219
- ZIP Code
- 22219
- Solicitation Number
- SAQMMA10R0425
- Archive Date
- 12/23/2010
- Point of Contact
- Rosalind M. Hicks, Phone: 703-875-7264
- E-Mail Address
-
hicksrm2@state.gov
(hicksrm2@state.gov)
- Small Business Set-Aside
- Competitive 8(a)
- Description
- Pricing/ CLIN descriptions 1449 Attachment 10 - Vendor Payment Enrollment Form Attachment 9 - Past Performance Evaluation Sheet Attachment 8 - Child Care Cleaning Standards Attachment 7- Wage Determination Attachment 6 - Collective Bargaining Agreement Attachment 5 - Security Classification Specification Attachment 4 - Building Statistics Attachment 3 - Deduction Table Attachment 2 - Quality Assurance Surveillance Plan Attachment 1 - Custodial Snaow Removal Standards ***THIS IS AN 8(a) COMPETITIVE SET ASIDE **** This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is SAQMMA10R0425 and is issued as a request for proposal (RFP). This acquisition is 100% competitive set aside for 8(a) concerns. The associated National American Industrial Classification Standard (NAICS) code for this procurement is 561720. All interested offerors should review the below requirements and submit a proposal in accordance with section 52.212-1 as stated in the requirement below The Government intends to award a single Indefinite Delivery-Indefinite Quantity (IDIQ) type contract for Performance-based contracting, as defined in FAR 37.101, and, means structuring all aspects of an acquisition around the purpose of the work to be performed as opposed to either the manner by which the work is to be performed or based on broad and imprecise statement of work. Task Orders written under this IDIQ contract will be firm-fixed for the U.S. Department of State (DoS), Bureau of Administration Office of Logistics Management (A/LM). The base period of performance will be one year from date of award with three one-year options. The Facility Management Services acquisition will provide basic custodial services, snow removal/ice control services, and miscellaneous custodial services for the following Department of State Annexes: SA-1; SA-7A, B, C; SA-21; SA-31; SA-26(BIMC) and SA-33(ICC). The service provider and any prospective subcontractors will be required to possess a top secret level facility clearance at time of award and must be able to obtain individual security clearances at the secret level for a specific number of employees; background checks for all employees will be required. The Request for Proposal (RFP) will require submission of a technical proposal and price proposal. Evaluations and award will be on the lowest price technically acceptable offeror. All questions concerning the Request for Proposal shall be received on or before 2 pm EST on November 19, 2010. Please submit questions related to the solicitation to Ms. Rosalind Hicks via email @ hicksrm2@state.gov. NO phone calls will be accepted. Proposals should be received by 2 pm, EST on December 8, 2010 in accordance with section 52.212-1; to be considered for this award. It is highly recommended that all prospective offerors review the associated documents, attached, before submission of proposals. 1. PRICING (see pricing schedule, attached) 2.1 - TYPE OF CONTRACT The Government intends to award a Fixed-Price, Indefinite Delivery, Indefinite Quality (IDIQ) contract for this requirement. The obligation of funds for the performance of services under this contract will be affected by the issuance of task orders. 2.2 - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK: a. SCOPE OF WORK: The specifications are a statement of minimum level of work and services to be provided. The contractor shall determine how often the work is to be performed, how much labor is needed to perform the tasks, what methods shall be used to complete the job and which supplies, materials and equipment are needed within the "Buying Green Policy" described in 2.11 under description/ specifications/statement of work. The determination of man-hour requirements for the performance of all services specified herein is the sole responsibility of the Contractor, utilizing skilled and productive manpower to satisfactorily furnish the required level of services specified. Failure of the Contractor to utilize skilled and productive manpower may produce unsatisfactory results which may cause the Government to take deductions from the Contactor's monthly invoices for unsatisfactory work or work not accomplished. The CO, through and by recommendation by the Contracting Officer's Representative, may require the Contractor to remove an employee from performance under this contract if the employee is identified as a potential threat to the health, safety, security, or well-being of the facility and its occupants. b. SERVICES Services for the following facilities (to include Base and 3 Option Years) SA-1 SA-07A, SA-07B, SA-07C, SA-21, SA-26, SA-31,AND SA-33 BASIC CUSTODIAL SERVICES RECYCLING: CLIN's 1 thru 6 SNOW REMOVAL/ ICE CONTROL (SA-1, SA-26, SA-33): CLIN's 7, 8, AND 9) MISCELLANEOUS CUSTODIAL SERVICES: CLIN 10 c. The Contractor shall provide custodial services as indicated. For facilities requiring custodial services and snow/ ice removal the Contractor shall provide additional personnel and/or labor to ensure both custodial and snow/ ice removal are performed. All services provided shall include management, supervision, labor, subcontractors, equipment, materials, and supplies (except as otherwise provided) and the Contractor shall plan, schedule, coordinate and assure effective completion of all services described, including administrative support, technical support, quality control, customer service, providing required deliverables and the training of employees that is necessary for effective and timely accomplishment of all functions described in this contract as approved by the Contracting Officer and/or Contracting Officer's Representative. Failure by the Contractor to furnish services described will permit the government to purchase these services and the Contractor shall be assessed all associated costs. 2-3 - CONTRACT EFFORT REQUIRED: Individual Building Information and Statistics are found in Attachment 5. The Contractor shall provide custodial services during normal core working hours for each of the facilities. This includes providing services, as a minimum, during an 8 hour timeframe, Monday thru Friday; from the hours of 06:00 AM thru 05:00 PM., unless otherwise noted below. Each facility shall have a working custodial supervisor on sight. SA-7A, 7B, & 7C and SA-31 may share one (1) working On-site Supervisor. Snow Removal and Ice Control shall be accomplished 24/7 at SA-1, SA-26, and SA-33. Facility Work Schedule SA-1 Monday thru Friday, excluding holidays From the hours of 06:00 AM until 05:00 PM, for a 8 hour day SA-7ABC Monday thru Friday,excluding holidays SA-31 From the hours of 06:00 AM until 05:00 PM, for a full 8 hour day SA-21 Monday thru Friday, excluding holidays From the hours of 06:00 AM until 05:00 PM, for a 6 hour day SA-26 Monday thru Sunday, excluding holidays BIMC From the hours of 5:00 AM until 04:00 PM, for a full 8 hour day The Contractor shall have (1) custodial worker that works 8 full hours on Saturday and 8 full hours on Sunday SA-33 Monday thru Sunday and holidays ICC From the hours of 06:00 AM until 04:00 PM, for a full 8 hour day. The Contractor shall have (1) custodial worker that works 8 full hours on Saturday, 8 full hours on Sunday, and 8 full hours on holidays 2.4 - PROJECT MANAGEMENT AND SUPERVISION: a. The Contractor' shall assign a Project Manager that oversees all custodial On-site Supervisor, operations and services for all the facilities listed under this contract. The Project Manager shall visit each of the facilities, on a Monthly basis, and document their visit in writing. Documentation, certifying site and survey visits, shall be submitted to the building managers for SA-1, SA-26, SA-33, and to the DOS Annex Bldg Manager, located in SA-1, for the remaining facilities. When issues arise, the Project Manager shall be available to meet with the respective Government Representative upon request. b. The Contractor shall have one on-site supervisor at each facility however, (SA-7ABC and SA-31) may share one working custodial On-site Supervisor during the scheduled hours of contract performance to ensure all custodial functions; supervision, administration, etc. The On-site Supervisor shall be available during all times that work is in progress. When an on-site supervisor is not at the work site due to sick leave, vacation, etc., the On-site Supervisor shall delegate their duties to another on-site custodial employee. The names of individuals which the Contractor requests to fill-in for permanent building On-site Supervisor shall be approved by the Government prior to performing any supervisory duties. In addition, the Contractor shall submit resumes for the fill-in On-site Supervisor when requested by the Government. 2.5 - QUALIFICATIONS, TRAINING, AND DOCUMENTATION OF PERSONNEL: A. CONTRACTOR'S PROJECT MANAGER The Project manager shall posses at least 2 years of recent (within the past 5 years) management experience in operating, managing and inspecting custodial services of facilities, comparative in function and size of this requirement. B. CONTRACTOR'S ON-SITE SUPERVISORS The Contractor's on-site Supervisory working personnel shall possess at least 2 years of recent (within the past 5 years) experience in performing, supervising, and conducting quality control functions of custodial services, for facilities comparative in function and size of this requirement. C. RESUMES Detailed resume shall be submitted to the Contracting Officer, for approval, prior to newly assign or the replacement of the Project Manager and On-site Supervisor personnel. Resumes shall be submitted with the Contractor's Proposal. At a minimum, the resume's shall contain the following: 1. The full name of the proposed Project Manager and On-site Supervisor (s). 2. A detailed description of the previous five years employment history of the proposed Project Manager and On-site Supervisor. 3. The Name(s) and addresses of the companies for whom the proposed Project Manager and On-site Supervisor worked for the past 5 years, along with the name(s) and telephone number(s) of his or her immediate supervisors. D. TRAINING AND DOCUMENTATION FOR CONTRACTOR PERSONNEL: 1. Personnel employed by the Contractor shall be fully conversant in English and United States citizens. The following training shall be conducted, documented in writing, and signed by each employee, and made available to the Government (if requested) within 30 days after Contract Award. a. Custodial services each custodial person is assigned to perform, i.e. type of cleaning, recycling, etc. b. Building fire alarm/emergency systems and procedures to follow in the event of a fire, natural disaster, or any other emergency. c. A tour of the facility, as well as areas that may require special cleaning. d. Training in blood borne pathogens (OSHA 1910.1030), Hazard Communications (OSHA 1910.1200), and Personal Protective Equipment (OSHA 1910 Subpart I). e. Client relations training that stresses the importance of conflict avoidance, problem resolution, grooming, proper attire and the importance of professionalism and courtesy on day-to-day contacts with building occupants and visitors. f. Snow/ Ice removal control standards and operations training for Contractor employees. E. If requested, Contract employees shall be required to attend an orientation conducted by Government personnel. The orientation will include a brief explanation of the occupant agency's function, a tour of the building/ facility, areas of the building/ facility requiring special attention, and/or emergency response procedures to take in case of a disaster. 2-6 - SUB CONTRACTS: Within fifteen (15) calendar days after performance start date and/or within 15 days of a change to a Sub contractor, the Contractor shall submit the service, name, telephone, and POC's of the Sub Contractors (and associated Sub Contracts) providing the services under this contract. Examples may be window washing, snow removal, etc. 2-7. SCHEDULING WORK: The Contractor shall submit with their proposal a Cleaning Plan, geared towards each individual facility in this Contract. The Cleaning Plan shall incorporate methods/plans for staffing and scheduling personnel to include daily and periodic general office, floor care and restroom cleaning, and client sensitivity such as special cleaning needs in secure areas, etc. The plan shall be re-submitted for approval when changes are made. 2.8- CONTRACTOR PHASE IN The Contractor shall submit a Phase-In Plan, with their technical proposal, that details the procedures that shall be taken to ensure uninterruptible custodial services for each facility contained within this Contract. The Contractor shall include their tentative schedule for phase-in services, from date of Contract Award thru 30 days after Contract Start, to include whom shall be responsible for Phase-In services, material and equipment delivery dates of custodial and snow removal supplies, if applicable. Within 2 days after contact award, the Contractor shall be allowed to bring its employees to the various sites to become familiar with the buildings. The purpose of this phase-in period is to allow the Contractor the opportunity to make necessary preparations to ensure uninterrupted performance at the start of this contract. Payment for both Phase-In and Phase-out services shall be included in the Basic Service CLIN Items, under "1. Pricing". No Additional payment will be made to the Contractor for Phase In or Phase Out services. 2.9 - CONTRACTOR PHASE OUT A Phase- Out Period shall be executed to ensure an orderly and smooth transition without disruption when ending service. The Contractor shall submit a Phase- Out Plan with their Technical Proposal and within 90 days of Contract expiration. The Phase-Out Plan shall describe procedures the Contractor shall use to ensure no interruption in services, schedule of events, departure of custodial personnel, the coordination requirements with successor Contractor, and final removal dates of materials and equipment from the facilities. The Contractor shall begin Phase-Out Services no later than 60 days prior to the Contract expiration date. (if it is necessary to extend the Contract, the Phase-Out Service shall begin no later than 60 days prior to the extension date). Any additional costs to provide Phase-Out services shall be included in the Contractor's Cost Proposal - "1. Pricing ", within Basic Custodial Service CLIN Items 1thru 7. The Contracting Officer has the option of shortening the Phase-Out period if doing so would benefit the Government. If the Contractor does not cooperate and/or follow the approved Phase-Out Plan, the CO has the option of acquiring these Phase-Out services from other sources, and billing the Contractor accordingly. 2.10 - SUPPLIES, MATERIAL, EQUIPMENT AND UTILITIES: 1. FURNISHED BY THE GOVERNMENT: The Contractor shall be required to reimburse the Government for items that are misplaced, damaged, neglected, and/or stolen. a. Space: If available, space in the building for materials, supplies, equipment (janitor's closets where available) and a On-site Supervisor's office. Areas shall be kept clean and not be used to store hazardous nor flammable materials. Janitor closets shall not be used to store materials, supplies, nor equipment. The Government is not responsible for lost, stolen, nor damaged supplies, equipment, or space. b. Utilities: Heating, air conditioning, water, plumbing, and electricity will be furnished where available. c. Telephone: Where readily available, the Contractor may use installed telephone jacks and telephones. d. The Government shall provide keys to perform the operational requirements of this contract. The Contractor shall ensure that all keys furnished to the Contractor are not lost or used by unauthorized persons. No keys furnished to the Contractor shall be duplicated unless written approval is provided. The Contractor shall be required to reimburse the Government for the replacement of locks or keys, damaged or lost, as a result of Contractor negligence. The Contractor shall report lost keys immediately to Government personnel, to include Facilities Management and Diplomatic Security. e. The Government will furnish recycling boxes to be distributed by Contractor employees in areas throughout the facilities. 2. FURNISHED BY THE CONTRACTOR: a. Management, Supervision, Administration, Supplies, materials, equipment, labor, employee training, etc necessary for the performance of all services. Training shall include applicable OSHA and other related standards. b. MSDS sheets shall be submitted, to include Hazardous Material Inventory Listing. A hazardous material is any material that, because of its quantity, concentration, physical characteristics, or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released. Materials to report in a chemical inventory include, but are not limited to: Laboratory chemicals: acids, bases, solvents, mercury, metallic salts, halogenated compounds, toxic substances such as lead compounds and acrylamide, mixtures of hazardous chemicals Compressed gas: toxic gases, pressurized gas cylinders of pure gases or mixtures of gases Liquids under pressure: liquid nitrogen, liquid oxygen, propane, aerosols, chlorofluorocarbon refrigerants (liquid/gas phases) Paints and inks: both water- and oil-based paints, spray paints, printing inks or pastes Solvents and spirits: degreasers, kerosene, paint thinners Lubricants: pump oil, hydraulic oil, motor oil, brake fluid, greases Finishes: varnishes, shellacs, floor waxes, lacquers Fuels: gasoline, camping fuel, diesel fuel Maintenance/structural materials: asphalt-containing roofing, adhesives, and bonding agents Grounds/landscape materials: fertilizers, plant food supplements, soda ash Pesticides: insecticides, rodenticides, acaricides, fungicides, defoliants, herbicides Drugs: pharmaceuticals Photographic materials: developers, reducers, stabilizers, activators, fixers, stop bath Custodial materials: cleaning agents, bleaches, floor strippers, soaps and detergents, disinfectants, corrosive products, ammonia c. The Contractor shall use recycled paper products, ie. Seat covers, towels, and toilet tissue, with a 50%post consumer content, and environmentally friendly materials d. No material shall be used which is determined to be unsuitable for the purpose or harmful to the surfaces to which applied. Costs for correcting damage caused by misused materials will be borne by the Contractor. d. Equipment: The Contractor shall furnish all equipment needed for the performance of work for this Contract. All equipment must be properly guarded and meet all applicable OSHA standards. If a piece of equipment needs repair and is determined to be unsafe, the Contractor shall immediately stop using the equipment. If repair and/or replacement of damaged equipment is not made within 48hours, the Government may replace the equipment at the Contractors' expense. e. Communication Equipment: The Contractor shall furnish the Project manager and each On-site Supervisor a cellphone. The Contractor shall provide the Government the name and cellphone numbers for the project manager and On-site Supervisor, as well as the facility # that the supervisor is located. f. Uniforms: The Contractor shall require all employees, including On-site Supervisor, to wear distinctive uniform clothing with the Contractor's name for ready identification. 2.11 - AFFIRMATIVE PROCUREMENT PROGRAM (APP) FOR ENVIRONMENTAL PROTECTION AGENCY(EPA) DESIGNATED RECYCLED CONTENT PRODUCTS: A. "BUYING GREEN" POLICY: The Department has adopted a "Buying Green" policy that advocates the use of environmentally friendly products used in custodial contracts. More information about this program may be found at Office of the Procurement Executive's Internet web site, http://www.statebuy.gov by clicking on "Buying Green," which provides links to other "green" web sites, including GSA Advantage's "green" products. 1. The goal of the program is to ensure that cleaning products and supplies exhibit the following characteristics: Lower toxicity/non-carcinogenic Reduced skin, eye, and respiratory irritability Biodegradability No unnecessary dye or fragrances Recycled content/recovered materials 2. The Contractor shall operate under the most current FAR Regulations; FAR 52.211-5; Material Requirements, FAR 52.204-4; Printed or Copied Double-Sided on Recycled Paper, and FAR 52.223-10; Waste Reduction Program. B. POLICY SPECIFICS: Information on environmentally preferable products (EPP) is available on the Internet at http://www.epa.gov/opptintr/epp.htm. 1. All non-chemical products (paper, plastic, etc.) should conform to the Environmental Protection Agency (EPA) Comprehensive Procurement Guide (CPG) if the products are CPG-designated items. CPG information is available on the Internet at http://www.epa.gov/cpg. C. "BUY GREEN" REQUIREMENTS: The Contractor shall submit to the Government, within ten (10) calendar days after performance start date, their proposed list of chemical and non-chemical products. (See paragraph D. and E., below). The Contractor may submit the name of more than one product within a product category and/or propose a product or products addressing more than one product category. After the list of preferable chemical cleaning-products and non-chemical products have been approved by the Contracting Officer, the Contractor is responsible for using only those approved products within the buildings listed under this Contract. If for some reason the product is later found to be ineffective, or the Contractor would like to propose an alternative product, or the Contracting Officer would like to propose a more environmentally-preferable product, either the Contractor or Contracting Officer may propose for consideration an "equal" product. If the parties agree to the replacement product, the contract shall be modified. The Contractor shall be required to monitor their procurement activities, to include products utilized by their Sub Contractors performing work under this Contract. The Contractor shall keep certification documents of all recycled content products that are being utilized during the course of this contract, and they shall be made available to the Government, as requested. D. LIST OF ENVIRONMENTALLY PREFERABLE CHEMICAL CLEANING PRODUCTS: The Contractor shall use only environmentally preferable chemical cleaning-products. The Contractor shall identify products by brand name for each of the following product types: PRODUCT TYPE PRODUCT NAME (1) All-purpose cleaner ___________________ (2) General degreaser ___________________ (3) General disinfectant ___________________ (4) Graffiti remover ___________________ (5) Chrome and brass cleaner/polish ___________________ (6) Glass cleaner ___________________ (7) Furniture polish ___________________ (8) Floor stripper ___________________ (9) Floor finisher ___________________ (10) Carpet cleaner ___________________ (11) Solvent spotter ___________________ (l2) Gum remover ___________________ (13) Wood floor finish ___________________ (14) Bathroom hand cleaner/soap ___________________ (15) Bathroom disinfectant ___________________ (16) Bathroom cleaner ___________________ (17) Bathroom deodorizers ___________________ (18) Urinal deodorizers ___________________ (19) Lime and scale remover ___________________ (20) Chemicals for snow/ ice removal ___________________ E. LIST OF ENVIRONMENTALLY PREFERABLE NON-CHEMICAL PRODUCTS: In addition, the Contractor shall provide the following non-chemical product brand names they intend to use, containing the maximum feasible amount of recovered materials: - Bathroom tissue - The bathroom tissue must contain at least 100% recovered materials and 20% post-consumer content. __________________________ - Toilet Seat Covers - Toilet seat covers must contain at least 100% recovered materials and 40% post-consumer content. __________________________ - Paper Towels - The paper towels must contain at least 100% recovered materials and 40% post-consumer content. ___________________________ - General Purpose industrial wipes - The general purpose industrial wipes must contain at least 100% recovered materials and 40% post-consumer content. ___________________________ - Plastic trash bags - Plastic trash bags must contain at least 25% post-consumer content. ____________________________ 2.12- MATERIAL RECYCLING: A. Types of recyclable material: Materials designated as recyclable shall include, though are not limited to, office paper, newspaper, cardboard, used beverage cans (UBC), used glass containers (UGC) and metals. The Contractor shall use the Government furnished containers, bailers, and/or other equipment that is provided for the collection and storage of the recyclable material. B. Work processes required for recycled materials: Recyclable materials shall be transported from offices or other areas on a weekly basis, with the exception of kitchen, food, and bathroom waste which will already be separated and placed in dark-colored, opaque plastic bags." The recyclable items shall be kept separate from trash, garbage, and debris, and taken to a recyclable materials holding room, designated by the Government. The following items are considered recyclable materials, and they shall be processed in the following manner: C. Cardboard boxes and corrugated material shall be broken down and baled. When a baler is not provided at a facility, cardboard boxes and corrugated material shall be bundled and stacked on a pallet. Dedicated containers, furnished by the Government, for corrugated materials and cardboard shall be used to deposit these items. D. UGCs (used glass containers) shall be color sorted into clear, brown and green glass and stored in separate containers. UBC's (used beverage containers) shall be sorted. Containers to be used will be furnished by the Government. E. Recyclable paper shall be stored by grade in separate containers (such as carts, gaylords, etc, and as furnished by the Government) until removed by the secondary use materials contractor. F. The Contactor shall be required to pick up telephone directories twice a year (currently, pick up occurs from November through the second week of December, and throughout the month of May.) The DOS will notify the Contractor, in advance, when and if those dates change. The directories shall be placed on Government furnished pallets, securely bundled. G. Miscellaneous recycling requirements: - The Contractor shall exercise care when handling containers. The Contractor shall replace containers that are found being handled by Contract personnel in a negligent manner. The Government will replace containers after they have become unserviceable due to excessive use by the Government. - The Contractor shall leave the office areas and recyclable drop off areas in a clean and orderly manner. H. DEFINITIONS 1. RECYCLABLE PAPER MATERIAL: Paper or paper products identified in the following definitions as being recyclable under area recycling laws. 2. PAPER GRADES: Grade 1: High Grade Paper: Consists of computer print out, sorted white ledger, hard white shavings, and manila tabulating cards, or any combination thereof. Grade 2: Mixed paper: Various grades of paper, including miscellaneous ledger, file stock, wet strength, heavy books, magazines, slick coat paper, ground wood printing and copier paper, and contaminated Grade 1 paper, or any combination thereof. Grade 3: News: Consists of newspapers containing less than 10% of other papers. Grade 4: Corrugated Containers: Bailed, bundled, or containerized corrugated containers having liners of either test liners, jute, or Kraft. Commonly known as cardboard. Grade 5: Sorted Office Paper: Paper typically generated by offices. Consist primarily of white and colored ground wood-free paper, free of unbleached fiber. May include a small percentage of ground wood computer printout and facsimile paper. No more than ten percent total out throws or prohibitive materials by weight. Grade 6: Telephone Directories: Consists of clean, dry telephone directories printed for or by telephone directory publishers. No more than ten percent total out throws or prohibitive materials by weight. 3. OUTTHROWS FOR RECYCLABLE PAPER MATERIAL: Out throws for recyclable paper material are all paper products that are so manufactured, treated, or formulated so as to be unsuitable for consumption as grade specified. 4. PROHIBITIVE MATERIALS: any materials, which by their presence in packing of the recyclable paper material in excess of the amount allowed, will make the packing unusable as the grade specified. any materials that may be damaging to equipment. 5. COATED PAPER: Any paper or paperboard that has been coated, usually, with a clay or starch coating. 6. COMPUTER PRINTOUT: Consists of white sulfite or sulfate papers manufactured for use in data processing machines. This grade may contain colored stripes or bars, as well as impact or non-impact (e.g., laser) printing. The packing may contain not more than ten percent groundwood. All stock must be untreated and uncoated. 7. FILE STOCK: Consists of discarded correspondence files and record files without limitations as to prohibitive materials, including some carbon paper. 8. GROUNDWOOD: A substance found in paper materials that has been processed by a minimum of 10% mechanical pulping. Groundwood contains virtually the whole, unbleached wood, including lignin. 9. HARD WHITE SHAVINGS: Consists of shavings or sheets of all untreated white bond ledger or writing papers. Must be free from printing and groundwood. 10. HEAVY BOOKS: Consists of dry, clean, used and overused books; stitches stock; quire waste; and similar printed matter. This category grade may contain bleached sulfite and sulfate books adulterated with fine groundwood. 11. LIGNIN: The brown, insoluble polymer which binds the cellulose fibers of woody plants. 12. MAGAZINES: Coated periodicals and catalogs containing print, as well as black-and-white and/ or colored photographs. 13. MANILA TABULATING CARDS: Consists of manila-colored cards, predominantly sulfite or sulfate, which has been manufactured for use in tabulating machines. This grade may contain manila-colored tabulating cards with tinted margins. 14. MISCELLANEOUS LEDGER: Consist of printed or unprinted sheets, shavings and cuttings of colored or white sulfite or sulfate ledger, bond, writing, or other papers which have similar fiber and filler content. This grade must be free of treated, coated, or padded or heavily printed stock. 15. VENETIAN BLINDS: Blind slats only, with no cords attached. 2.13- A - SNOW AND ICE REMOVAL; General 1. The Contractor shall furnish the necessary tools, supplies and equipment, including heavy equipment, snow shovels, and other items the Contractor determines to be needed for snow and ice removal from the facilities that require snow and ice removal; SA-1, SA-26 and SA-33. 2. The Contractor shall remove snow and ice from all building entrances, steps and landings, sidewalks (including from property line to property line at SA-33), vehicular courts, parking areas and approaches. a. Chemicals and/or sand shall be used to reduce safety hazards due to ice and snow, and they shall be listed on material safety data sheets. Contaminated snow and ice (containing salt compounds, etc.), shall not be placed on bushes or grass. No snow is to be dumped on or near trees, shrubbery, ground over, grass, or flowerbed areas. Chemicals and/or sand used shall not injure, damage, or destroy Government property. Contractor shall be responsible for damage to any landscaping materials damaged due to snow dumped in or near plants, bushes, trees, etc. b. Pretreatment - walkways, driveways, ramps and entrance areas must be sanded and treated with Urea or similar melting compounds, as soon as snow, sleet, etc., starts to fall to preclude buildup in these areas. c. Snow Removal -Snow removal shall start as soon as possible after snowfall occurs, and in no case later than the point when snow cover reaches one inch, regardless of the time of occurrence. d. Ice Conditions -Ice shall be treated as soon as it starts to form. e. The Contractor shall ensure the following snow/ ice removal operations are performed: (1). ENTRANCE ROADS, PARKING AREAS, AND FRONT AND REAR ENTRANCES FROM ROADS - Ensure no build-up or accumulation occurs in entrance ways, parking areas, and from front and rear entranceways, to include to and from roads and parking areas. Parked cars shall not be blocked while snow and ice removal operations are being performed. (2). AREA STORM DRAINS - check area storm drains to ensure they are clear and draining well. (3). PARKING AREAS -Clear snow and ice from the parking areas to ensure no build-up occurs. Check storm drains to ensure they are clear and draining well. Parked cars shall not be blocked. (4). LOADING RAMP -Clear snow and ice from loading ramps to ensure no build-up occurs. Check all drains to ensure they are clear and draining well. (5). SIDEWALKS AND OTHER WALKWAYS TO FRONT ENTRANCE FROM THE ROAD AND PARKING AREAS -Clear sidewalks and other walkways to front and rear entrances and be sure they are clear and draining well. (6). CHILD CARE FACILITY - Clear snow and ice from the child care area, approx. 4664 square feet, to ensure no build-up occurs. Due to the rubber-material installed in the play area grounds, the Contractor shall not use chemicals, metal snow shovels, or any other means of ice and snow removal that could damage this material. Any damage incurred to the child care equipment and/or grounds by the Contractor, during the snow and ice removal process, shall be repaired by the Contractor." 2.13-B - SNOW AND ICE REMOVAL PLAN Initially, within 15 days after Contract Award, the Contractor shall provide a detailed Snow and Ice Removal Plan for Government approval. Any changes to the Plan, after the first initial submitted Plan, shall be submitted to the Government for approval. In addition; on an annual basis no later than (NLT) October 15; the Contractor shall submit certification that their current Snow and Ice Removal Plan shall remain in effect during the upcoming Snow and Ice Removal Season. ANY changes to the Plan must be submitted to the Government, for approval, at that time. To ensure proper snow and ice removal throughout the following facilities covered under this contract; SA-1, SA-26 and SA-33; the Contractor shall submit a Snow and Ice Removal Plan, listing those items in the following paragraphs, and the procedures, manpower, materials, and/or equipment that shall be utilized: a. The Snow and Ice Removal Plan shall include a list of names and telephone numbers that will allow the Government to reach the Contractor 24 hours per day, 7 days per week for emergency snow removal. This list shall distinguish between those employees that work directly for the Contractor and those employees that are Sub Contract personnel, as well as the designated snow and ice removal work task they shall be performing. b. List the tools, supplies and equipment, including heavy equipment, snow shovels, and other items that shall be needed for the snow and ice removal. c. List the types of chemicals and/or sand that shall be used to reduce safety hazards due to ice and snow. All chemicals used shall be in accordance with Federal specifications, "Buying Green" in accordance with paragraph 2. 11(D), and listed on material safety data sheets to be submitted to the Government. 2.14 - ADDITIONAL/ MISCELLANEOUS REQUIREMENTS MISCELLANEOUS CUSTODIAL SERVICES (REIMBURSABLE) - The Contractor may be requested, by the COR, to perform Custodial services outside of the Contractor's core working hours. Upon this request, the Contractor shall submit to the COR a cost proposal for the performance of this work to perform this work, to include labor, materials, supplies, equipment, and any other direct/ indirect expenses, prior to performing this work. The Contractor shall use the loaded hourly rate x 1.5 (for non-core work hours) that was provided in their original estimate; Cost Proposal Volume II. Preference is given to those concentrated cleaning chemicals that use ecologically sound packaging, are phosphate-free, non-corrosive, non-flammable and fully biodegradable. SPECIAL CLEANING REQUIREMENTS/ BUILDIING SPECIFIC: The Contractor is responsible for all services stated throughout this Contract. The following building specific areas are identified as areas that require special cleaning: ICC - Penthouse Area (Top Floor) 7254 Sq Ft SA-1 - Child Care Center ( ATTACHMENT 8- Child Care Center Cleaning Standards Checklists and Requirements) Miscellaneous requirements: a. Turn off unnecessary lights. Mechanical equipment controls for building systems (HVAC, electrical, plumbing, fire alarm, etc.) will not be adjusted by custodial personnel. b. Water faucets or valves shall be turned off after the required usage has been accomplished. c. Windows shall be closed when not in use. d. Report fires, hazardous conditions and items in need of repair to the Government. e. Lock rooms in security areas after cleaning and return keys to designated office. f. Turn in lost and found articles to the Government. g. Notify the Building Manager's Office when an unauthorized or suspicious person is seen on the premises. h. When requested, during inclement weather, lay out floor mats provided by the government in entrances and lobbies. Clean, remove, and store mats when no longer required. i. Consumption of paper products and hand soaps may increase on occasion due to visitor traffic. The locker rooms, physical fitness areas and/or restrooms require additional policing and servicing by the Contractor to meet these needs. 2.15- QUALITY PERFORMANCE: A. QUALITY CONTROL PROGRAM (Contractor Performance) General: The Contractor shall ensure that all of the requirements of the contract are addressed in a Quality Control Plan (QCP). The Contractor shall submit a QCP with their proposal, and the Government will review and approve the QCP. A QPC that is rejected shall be updated and re-submitted to the Government. The QCP shall include the following: Inspection System - tailored to each specific building being cleaned, addressing ALL services required by the Contract, ie daily and periodic services, and the inspection of those services. The Contractor shall devise a checklist for use during inspections and provide the name of each individual who will conduct the inspections. The checklist inspection sheet shall be signed and dated by the inspector at the time the inspection is completed. Personnel performing the work shall not inspect and accept the work. Methods the Contractor shall use to identify and correct deficiencies in the quality of service before the level of performance becomes unacceptable. On-site file of all inspections conducted and corrective action taken. The Government may compare inspections performed by the Contractor's inspectors against the actual conditions which existed at the time of inspection. B. QUALITY ASSURANCE SURVEILLANCE PLAN (Government Inspection and Acceptance) The Quality Assurance Surveillance Plan (QASP) is the Government's plan to ensure that the Contractor provides the required services and adheres to the quality standards as specified. (ATTACHMENT 2). A clean and well- maintained building is the primary goal of this contract. During the life of the Contract, several procedures will be enforced, such as inspections, documentation and retention of records, performance reports, etc. 2.16- INSPECTION AND ACCEPTANCE PERFORMANCE STANDARDS/ MEASURES 1. The Contractor shall ensure that required services meet the custodial service standards found in ATTACHMENT 1. All work performed shall be of the highest quality, consistent with the best industry practices, to assure timely provision of services, optimum tenant satisfaction and adequate protection of Government assets. 2. Performance Measures a. The rating(s) the Contractor receives on inspections and evaluations, formal Contract Compliance Reviews, and Customer Feedback Surveys that are conducted by the DoS will be reflected in past performance reports. These reports will affect the exercise of options, whether the contractor is awarded future Department of State (DOS) contracts and whether the contract is terminated for non-performance. b. Excessive tenant complaints, non-performance, or unsatisfactory timeliness of performance and deliverable submission may result in any of the actions noted in 2.16; paragraph 2.a. When the Contractor's non-performance results in the use of independent means to provide the service, the Contractor may be charged when additional costs are incurred. c. The Contractor may be charged for non-performance on a task by task basis in accordance with the DEDUCTION Table. (ATTACHMENT 3). Charges may occur for services not performed, or performed unsatisfactory, with the cost deducted from the Contractor's monthly payment. The Government has the option for unsatisfactory service to be accomplished by another Contractor. In the event services are not provided due to the Government being closed or totally shut down, deductions in the contract price will be computed as follows: 3. Deductions will not be assessed for cleaning requirements on those days in which services are not required by the Government because the building (s) is closed due to unanticipated holidays declared by the President, provided, that payment to employees for such holidays is required in accordance with the wage determination applicable to this contract. SA-33 is an exception. 4. In the event services are provided for portions of days, appropriate adjustments will be made by the Contracting Officer to assure the Contractor is compensated accordingly. 5. Deductions will be taken when deliverables are not submitted. See Attachment 3. 6. Performance of work will be inspected by the Government or their designated representative. When work requires to be re-inspected, due to previous unsatisfactory performance, the Contractor shall be required to re-perform the work, and the Contractor will deducted for re-inspection costs. Attachment 3 - Deduction TABLE a. Reduction and Addition of Space In the event any space becomes unoccupied, a reduction in the contract price will be calculated based on the cost per square foot in "1.Pricing" for that Base and/or respective Option Year. In the event any space is added to the Contract, an addition in the contract price will be calculated based on the cost per square foot in "1.Pricing" for that Base and/or respective Option year. b. Suspension of Work In the event services are not provided or required by the Government because the building(s) are closed due to inclement weather, or any total shutdown for other reasons, reduction in the contract price will be computed as follows: A. The reduction rate in dollars per day will be equal to the per month contract price for the building(s), divided by 21 days per month. B. The reduction rate in dollars per day multiplied by the number of days services were not provided or required. In the even services are provided for portions of days, appropriate adjustments will be made by the Contracting Officer to assure the contractor is compensated for services provided. NOTE: Reductions will be assessed for cleaning requirements on those days in which services are not required by the government because the building(s) is closed due to unanticipated holidays, declared by the President, provided, that payment to employees for such holidays is required in accordance with the wage determination applicable to this contract. 2.17 - DELIVERABLES 1. DELIVERABLES TO BE SUBMITTED WITH TECHNICAL PROPOSAL Resumes for Project Managers and On-site Supervisor Training Plan Material Inventory List Cleaning Plan for Each individual facility Phase In and Phase Out Plan Snow Removal Plan Quality Control Plan and Sample Inspection Sheets Safety and Environmental Program Plan Contractor Past Performance Evaluation form, attachment 9 2- DELIVERABLES TO BE SUBMITTED THROUGHOUT LIFE OF CONTRACT * The Contractor will be deducted $25 for each day that a deliverable is not submitted within the required due date. When minor changes are made to deliverables, i.e. telephone # changes, those changes shall be Submitted to the Government within 10 days after the Change is made. Any major changes (i.e. Replacement of the Project Manager) shall be requested by the Contractor and approved, by the Government, prior to the Change being made. DELIVERABLES DUE DATE OF SUBMISSION - List of Names and phone number of Project Manager Within 10 days after contract award -On-site Supervisor, and custodial personnel - Prior to a change being made -Training Plan Within 10 days after Contract Award -Employee Certification of Training Within 30 days after Contract Award -Material Inventory List/MSDS Sheets/ Within 10 days after Contract Award Hazardous Materials designated Prior to a change being made -Phase In Plan Within 10 days after Contract Award -Phase Out Plan Within 90 days of contract expiration -Cleaning Plan Prior to a change being made -Snow Removal Plan Within 15 days after Contract Award Prior to a change being made -Sub Contractor List and associated service Within 10 days after Contract Award Prior to a change being made -Quality Control (QC) Plan Within 10 days after Contract Award Prior to a change being made -Completed QC Inspection Sheets Upon request -Completed Sign In/ Out Sheets Upon request -Strike Contingency Plan Within 10 days after Contract Award Prior to a change being made -Documents showing the Monthly Site Visits Within the first 10 days, of the following Performed by the Project Manager month, after site visit is performed 2.18 - SPECIAL CONTRACT REQUIREMENTS TOP SECRET FACILITY CLEARANCE REQUIREMENT: A. SA-26 (Beltsville Information Management Center) ALL CUSTODIAL PERSONNEL PROVIDING SERVICES IN THESE FACILITIES SHALL HOLD INDIVIDUAL TOP SECRET CLEARANCES. AS A RESULT, THE CONTRACTORS SUBMITTING PROPOSALS SHALL HAVE A TOP SECRET COMPANY FACILITY CLEARANCE WITH THE DEPARTMENT OF STATE AT TIME OF AWARD B. SA-1 (Columbia Plaza). ALL CUSTODIAL PERSONNEL PROVIDING SERVICES IN THIS FACILITY SHALL HOLD INDIVIDUAL SECRET CLEARANCES. SECURITY REQUIREMENTS (09/99) ALL CONTRACTORS SUBMITTING A PROPOSAL SHALL HAVE A TOP SECRET FACILITY CLEARANCE AT TIME OF AWARD (a) The Offeror shall have a Current Company Facility Clearance, at the Top Secret (TS) Level, cleared by the Defense Security Service (DSS). (b) Since it shall be necessary for some Contractor personnel to have access to classified material and/or to enter into areas requiring a security clearance, each Contractor employee requiring such access must have an individual security clearance commensurate with the required level of access prior to contract performance. Individual clearances shall be maintained for the duration of employment under this contract, or until access requirements change. (c). Performance of this contract shall be in accordance with the attached DD Form 254 Department of Defense Contract Security Classification Specification; and FAR 52.204-2 "SECURITY REQUIREMENTS," DOSAR 652.204-70 "SECURITY REQUIREMENTS," and DOSAR 652.204-71 "SECURITY REQUIREMENTS--PERSONNEL," as applicable. (d). Classified material received or generated in the performance of this contract shall be safeguarded and disposed of in accordance with the National Industrial Security Program Operating Manual (DOD 5220.22-M). EMPLOYEE IDENTIFICATION/BUILDING PASSES/ SIGN IN AND SIGN OUT LOG The Contractor shall ensure each contractor employee has a Department of State/ Contract identification/ building pass before the employee begins work. These badges are furnished by the DoS, with the contractor returning all passes to the Government as employees are dismissed or when the contract terminates. Passes shall be displayed by Contractor employees. The Contractor shall ensure that each person working for the Contractor signs in and signs out of the facility in a designated log, provided by the Contractor, and placed in an area for all personnel to sign. 652.204-70 Department of State Personal Identification Card Issuance Procedures (AUG 2007) (a) The Contractor shall comply with the Department of State (DOS) Personal Identification Card Issuance Procedures for all employees performing under this contract who require frequent and continuing access to DOS facilities, or information systems. The Contractor shall insert this clause in all subcontracts when the subcontractor's employees will require frequent and continuing access to DOS facilities, or information systems. (b) The DOS Personal Identification Card Issuance Procedures may be accessed at http://www.state.gov/m/ds/rls/rpt/c21664.htm. Security Jurisdiction The DOS Bureau of Diplomatic Security retains jurisdiction over this facility. An accident, fire, bomb threat, unusual incident or unlawful act must be reported immediately to the 24 hour Central Alarm Station (CAS) on-site, on telephone number (202) 647-1814. The CAS will provide emergency assistance as necessitated by the type of incident and/or prepare a DS Event Report. 3. 0 - CONTRACT ADMINISTRATION DATA Period of Performance The term of this contract shall be for a base year and three (3) one-year options. The contract may be extended by the exercise of an option pursuant to FAR 52.217-9, Option to Extend the term of the Contract and FAR 52.217-8, Option to Extend Services. Place of Performance SA-1 - Columbia Plaza, Wash., DC SA-07A, SA-07B, SA-07C, - Springfield, VA SA-21 - Springfield, VA SA-26 - Beltsville, MD SA-31- Sterling, VA SA-33- Federal Bldg, Wash. DC In no event shall any understanding or agreement, contract modification, change order, or other matter in deviation from the terms of this contract between the Contractor and a person other than a Contracting Officer (CO) be effective or binding upon the Government. The CO is the only person authorized to make or approve any changes in any of the requirements of this contract and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the Contractor makes any changes at the discretion of any person other than the CO, the change will be considered to have been made without the authority and no adjustment will be made in the contract price to cover any increase in the costs incurred as a result thereof. Contracting Officer: Ms. Rosalind M. Hicks Telephone #: 703-875-7264 Contract Administrator: Ms. Rosalind Hicks U.S. Department of State Office of Acquisition Management P.O. Box 9115, Rosslyn Station Arlington, Virginia 22219 Telephone#: 703-875-7264 Fax #: 703-875-6085 Contracting Officers Representative (Government): Identified at Time of Award Government Technical Monitor (GTM): BIMC (Beltsville Informational Management Center) SA-26 Identified at Time of Award DoS Annex Facilities; SA-1, SA-7ABC, SA-21, SA-31 Identified at Time of Award ICC( International Chancery Center) SA-33 Identified at Time of Award Technical Direction (a) Performance of the work hereunder shall be subject to technical instructions, whether oral or written, issued by the Contracting Officer's Representative of this contract. As used herein, technical instructions are defined to include the following: (1) Directions to the Contractor which suggest pursuit of certain lines of inquiry, change work emphasis, fill in details or otherwise serve to assist in the Contractor's accomplishment of the Statement of Work. (2) Guidance to the Contractor which assists in the interpretation of drawings, specifications or technical portions of work description. (b) Technical instructions must be within the general scope of work stated in the contract. Technical instructions may not be used to: (1) assign additional work under the contract; (2) direct a change as defined in the "Changes" clause of this contract; (3) increase or decrease the contract price or estimated contract amount (including fee), as applicable, the level of effort, or the time required for contract performance; or (4) change any of the terms, conditions or specifications of the contract. (c) If, in the opinion of the Contractor, any technical instruction calls for effort outside the scope of the contract or is inconsistent with this requirement, the Contractor shall notify the Contracting Officer in writing within ten working days after the receipt of any such instruction. The Contractor shall not proceed with the work affected by the technical instruction unless and until the Contracting Officer that the technical instruction is within the scope of this contract notifies the Contractor. (d) Nothing in the foregoing paragraph shall be construed to excuse the Contractor from performing that portion of the contractual work statement, which is not affected by the disputed technical instruction. ADDENDUM 52.212-4; (g- Invoicing) Contract Terms and Conditions-Commercial Items (June 2010) Instructions for invoice payment: Invoice submission is only via the Financial Operations fax server 866-483-3436 unless otherwise indicated. It is important that each invoice be transmitted separately. Invoices shall list the item delivered by reference to the appropriate submittal, item number, price, and actual delivery date. It is imperative that the Contractor submit their invoice accordingly. It is highly recommended that the Contractor consult with the Contracting Officer and/or COR prior to their first invoice submittal. Invoices shall reflect those Schedules and Order for Supplies generated during the Award of the Contract. To constitute a proper invoice, the invoice must include the following information and/or attached documentation: (1) Name and address of the contractor (2) Date of invoice (3) Unique Vendor Invoice Number (4) Remittance Contact Information (5) Shipping Terms, Ship to Address (6) Payment Terms (7) Total Quantity of items, Total Invoice Amount (8) DOS Order CLIN (9) Requisition Number, Contract number, Order Number; also modification number, if applicable for each line item (10) Description of the services rendered for each line item (11) Individual Line Item Quantity, Price, and Extended Amount Additional correspondence should be addressed to: Name: U.S. Department of State Global Financial Operations (RM/GFS/F) Office of Claims (F/C) Charleston Financial Service Center Post Office Box 150008 Mailing Address: Charleston, SC 29415-5008 Telephone Numbers: Voice 843/202-3761 Fax 843-746-0749 Person to Contact: Michael Washington, Office of Claims E-mail: WashingtonM@state.gov Phone: 843-202-3761 To request Payment Status on a Past Due Invoice contact Office of Claims Customer Service E-Mail: commercialclaims@state.gov Phone: 877-704-9473 Toll Free NONDISPLACEMENT OF QUALIFIED WORKERS "(a) Consistent with the efficient performance of this contract, the contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those employees (other than managerial and supervisory employees) employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the employees were hired, a right of first refusal of employment under this contract in positions for which employees are qualified. The contractor and its subcontractors shall determine the number of employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor contractor employed in connection with performance of the work. Except as provided in paragraph (b) there shall be no employment opening under this contract, and the contractor and any subcontractors shall not offer employment under this contract, to any person prior to having complied fully with this obligation. The contractor and its subcontractors shall make an express offer of employment to each employee as provided herein and shall state the time within which the employee must accept such offer, but in no case shall the period within which the employee must accept the offer of employment be less than 10 days. "(b) Notwithstanding the obligation under paragraph (a) above, the contractor and any subcontractors (1) may employ under this contract any employee who has worked for the contractor or subcontractor for at least 3 months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (2) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Act of 1965, as amended, 41 U.S.C. 357(b), and (3) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor whom the contractor or any of its subcontractors reasonably believes, based on the particular employee's past performance, has failed to perform suitably on the job. "(c) In accordance with Federal Acquisition Regulation 52.222-41(n), the contractor shall, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor contractors or their subcontractors. The Contracting Officer will provide the list to the successor contractor, and the list shall be provided on request to employees or their representatives. "(d) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, appropriate sanctions may be imposed and remedies invoked against the contractor or its subcontractors, as provided in Executive Order (No.) 13495, the regulations, and relevant orders of the Secretary, or as otherwise provided by law. "(e) In every subcontract entered into in order to perform services under this contract, the contractor will include provisions that ensure that each subcontractor will honor the requirements of paragraphs (a) through (b) with respect to the employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor contractor and its subcontractors. The subcontract shall also include provisions to ensure that the subcontractor will provide the contractor with the information about th employees of the subcontractor needed by the contractor to comply with paragraph 5(c), above. The contractor will take such action with respect to any such subcontract as may be directed by the Secretary as a means of enforcing such provisions, including the imposition of sanctions for non-compliance: provided, however, that if the contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the contractor may request that the United States enter into such litigation to protect the interests of the United States." 52-252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This solicitation 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): www.arnet.gov/far www.statebuy.gov/home.htm 52-212-4-CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JUNE 2010) 52.224-1 PRIVACY ACT NOTIFICATION (APRIL 1984) 52.228-5-INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN1997) THE FOLLOWING CLAUSES ARE PROVIDED IN FULL TEXT 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (OCT 2010) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision. (a) Definitions. As used in this provision- "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Inverted domestic corporation" means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "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 size standards in this solicitation. "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 business concern" means a concern which 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "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. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it o is, o is not a small business concern. (2) Veteran-owned small business concern. [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. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) 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. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it o is, o is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [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 women-owned small business concern. Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is a women-owned business concern. (7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________ (8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.] (i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it o is, o is not an emerging small business. (ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows: (A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or (B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts). (Check one of the following): Number of Employees Average Annual Gross Revenues __ 50 or fewer __ $1 million or less __ 51-100 __ $1,000,001-$2 million __ 101-250 __ $2,000,001-$3.5 million __ 251-500 __ $3,500,001-$5 million __ 501-750 __ $5,000,001-$10 million __ 751-1,000 __ $10,000,001-$17 million __ Over 1,000 __ Over $17 million (9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either- (A) It o is, o is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It o has, o has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (10) HUBZone small business concern. [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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and (ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246- (1) Previous contracts and compliance. The offeror represents that- (i) It o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It o has, o has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It o has developed and has on file, o has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or (ii) It o has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Supplies." (2) Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [List as necessary] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) o Have, o have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) o Are, o are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) o Have, o have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products. Listed End Product Listed Countries of Origin ___________________ ___________________ ___________________ ___________________ (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) o In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) o Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror o does o does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [X ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror o does o does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). o TIN: ________________________________. o TIN has been applied for. o TIN is not required because: o Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CFR 1.6049-4; o Other ________________________________. (5) Common parent. o Offeror is not owned or controlled by a common parent; o Name and TIN of common parent: Name ________________________________. TIN _________________________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108). (2) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one. (o) Sanctioned activities relating to Iran. (1) Unless a waiver is granted or an exception applies as provided in paragraph (o)(2) of this provision, by submission of its offer, the offeror certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996. (2) The certification requirement of paragraph (o)(1) of this provision does not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. Alternate I (Apr 2002). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision: (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) of this provision.) [The offeror shall check the category in which its ownership falls]: ____ Black American. ____ Hispanic American. ____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ____ Individual/concern, other than one of the preceding. Alternate II (Oct 2000). As prescribed in 12.301(b)(2), add the following paragraph (c)(9)(iii) to the basic provision: (iii) Address. The offeror represents that its address o is, o is not in a region for which a small disadvantaged business procurement mechanism is authorized and its address has not changed since its certification as a small disadvantaged business concern or submission of its application for certification. The list of authorized small disadvantaged business procurement mechanisms and regions is posted at http://www.arnet.gov/References/sdbadjustments.htm. The offeror shall use the list in effect on the date of this solicitation. "Address," as used in this provision, means the address of the offeror as listed on the Small Business Administration's register of small disadvantaged business concerns or the address on the completed application that the concern has submitted to the Small Business Administration or a Private Certifier in accordance with 13 CFR Part 124, subpart B. For joint ventures, "address" refers to the address of the small disadvantaged business concern that is participating in the joint venture. 52-212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (OCT 2010) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (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.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). __ (6) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). __ (7) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (8) [Reserved] __ (9)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-6. __ (iii) Alternate II (Mar 2004) of 52.219-6. __ (10)(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. _X (11) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). _X (12)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2010) (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 (Jul 2010) of 52.219-9. X (13) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). __ (14) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (15)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (16) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (17) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). __ (19) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). X (20) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X(21) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). X (22) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X (23) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). X(24) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). _X (25) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). X(26) 52.222-37, Employment Reports on Veterans, (Sep 2010) (38 U.S.C. 4212). __ (27) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (28)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (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.) __ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. __ (31) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (SEP 2010) (E.O. 13513). __ (32) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (33)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). __ (ii) Alternate I (Jan 2004) of 52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. __ (34) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (35) 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). __ (36) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (37) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (38) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _ (39) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (40) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (41) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). ¬__(42) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (43) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (44)(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.] X(1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) [Reserved] (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JAN 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause." Alternate II (Oct 2010). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: (d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to- (i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than- (i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (A) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (C) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (D) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (E) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (F) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (G) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (H) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). (I) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (J) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (K) 52.222-54, Employment Eligibility Verification (Jan 2009). (L) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (M) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. 52.217- 8 OPTION TO EXTEND SERVICES (NOV1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. 52.217-9 OPTION TO EXTEND THE TERMS OF THE CONTRACT (MAR2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed six (6)_months. 652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD ISSUANCE PROCEDURES (AUG 2007) (a) The Contractor shall comply with the Department of State (DOS) Personal Identification Card Issuance Procedures for all employees performing under this contract who require frequent and continuing access to DOS facilities, or information systems. The Contractor shall insert this clause in all subcontracts when the subcontractor's employees will require frequent and continuing access to DOS facilities, or information systems. (b) The DOS Personal Identification Card Issuance Procedures may be accessed at http://www.state.gov/m/ds/rls/rpt/c21664.htm 652-219-71 - SECTION 8(A) DIRECT AWARDS (AUG 1999) (a) This purchase order or contract is issued as a direct award between the contracting activity and the 8(a) contractor pursuant to the Memorandum of Understanding between the Small Business Administration (SBA) and the Department of State (DOS). SBA retains responsibility for 8(a) certification, 8(a) eligibility determinations and related issues, and provides counseling and assistance to the 8(a) contractor under the 8(a) program. The cognizant SBA district office is: IDENTIFIED AT TIME OF AWARD (b) The DOS contracting officer is responsible for administering the purchase order or contract and taking any action on behalf of the Government under the terms and conditions of the purchase order or contract. However, the DOS contracting officer shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the purchase order or contract. The DOS contracting officer shall also coordinate with SBA prior to processing any novation agreement. The DOS contracting officer may assign contract administration functions to a contract administration office. (c) The contractor agrees: (1) to notify the DOS contracting officer, simultaneous with its notification to SBA (as required by SBA's 8(a) regulations), when the owner or owners upon whom 8(a) eligibility is based, plan to relinquish ownership or control of the concern. Consistent with 15 U.S.C. 637(a)(21), transfer of ownership or control shall result in termination of the contract for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of ownership and control; and, (2) To adhere to the requirements of FAR 52.219-14, Limitations on Subcontracting. 652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (APR 2004) (a) The Department of State observes the following days as holidays: New Year's Day Martin Luther King's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Any other day designated by Federal law, Executive Order, or Presidential Proclamation. (b) When any such day falls on a Saturday or Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the contractor s personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract. (c) When the Department of State grants administrative leave to its Government employees, assigned contractor personnel in Government facilities shall also be dismissed. However, the contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the contracting officer or his/her duly authorized representative. (d) For fixed-price contracts, if services are not required or provided because the building is closed due to inclement weather, unanticipated holidays declared by the President, failure of Congress to appropriate funds, or similar reasons, deductions will be computed as follows: (1) The deduction rate in dollars per day will be equal to the per month contract price divided by 21 days per month. (2) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided. If services are provided for portions of days, appropriate adjustment will be made by the contracting officer to ensure that the contractor is compensated for services provided. (e) If administrative leave is granted to contractor personnel as a result of conditions stipulated in any "Excusable Delays" clause of this contract, it will be without loss to the contractor. The cost of salaries and wages to the contractor for the period of any such excused absence shall be a reimbursable item of direct cost hereunder for employees whose regular time is normally charged, and a reimbursable item of indirect cost for employees whose time is normally charged indirectly in accordance with the contractor's accounting policy. ATTACHMENTS ATTACHMENT 1 - CUSTODIAL AND SNOW REMOVAL PERFORMANCE STANDARDS ATTACHMENT 2 - QUALITY ASSURANCE SURVEILLANCE PLAN ATTACHMENT 3 - DEDUCTION TABLE ATTACHMENT 4 - BUILDING STATISTICS AND INFORMATION ATTACHMENT 5- DD FORM 254 ATTACHMENT 6 - CBA (SA-26 and other DOS Annex facilities) ATTACHMENT 7 - DEPARTMENT OF LABOR WAGE DETERMINATION (SA-33) - 10 pages ATTACHMENT 8 -CHILD CARE CLEANING STANDARDS CHECKLIST REQUIREMENTS-28 pages ATTACHMENT 9 - CONTRACTOR PAST PERFORMANCE EVALUATION- (DUE AT PROPOSAL SUBMISSION) ATTACHMENT 10- ACH VENDOR ENROLLMENT PAYMENT FORM ADDENDUM 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JUNE2008) SITE VISIT INFORMATION: The Contracting Officer's Representative (COR) will conduct a tour of DOS Annexes for all prospective offerors for reference solicitation. The SITE VISIT will be held for the purpose ofproviding information concerning the Government's requirements which may be helpful in the preparation of proposals and for gathering any questions regarding this solicitation. Attendance at the SITE VISIT is recommended; however, attendance is not a prerequisite for proposal submission and will not be considered a factor in proposal evaluation. Each prospective offeror will be limited to a total of two (2) representatives. Because of space limitations and security concerns, Prospective offerors must register with the Contracting Officer via e-mail at HICKSRM2@STATE.GOV by 2:00 pm., November 10, 2010, if they plan to attend. The notice shall specify the names of the attendees, Social Security Number, Date of Birth and Company Name. NOTE: All prospective Offerors should bring a photo ID card; only registered offerors will be permitted in DOS Secured Facilities. The Department will not provide transportation to or from the site locations. SITE VISIT SCHEDULE: SA-33 - ICC Date: November 16, 2010 Federal Building Place: Front Desk 3507 International Place NW Time: 10:00 AM (EST) Washington, DC 20008 SA-1 - Columbia Plaza Date: November 16, 2010 2401 E Street, NW Place: Loading Dock Area Washington, DC 20037 Time: 1:00 PM (EST) SA-26 - BIMC Date: November 17, 2010 8101 Odell Road Place: Guards Gate Beltsville, MD 20705 Time: 9:00 AM (EST) • Prospective offerors must be at the Guards Gate, no later than 15 minutes before tour begins. Upon completion of the Site Visit, you are requested to e- mail written questions concerning any areas of uncertainty which, in your opinion, require clarification or correction, by 2:00 pm EST, Friday, November 19, 2010. Questions should be submitted via email to hicksrm2@state.gov. The subject should be marked Site Visit, RFP No. SAQMMA10R0425. A set of questions and answers will be furnished to all prospective offerors whether or not they are in attendance. To be eligible for award, Proposals must be received by 2 pm, EST on Wednesday, December 8, 2010. Offerors must submit two (2) paper copies of their proposal by either U. S. Postal Service or hand delivery/courier service (i.e., FedEx, UPS, DHL, etc), to: For U. S. Postal Service submissions: U. S. Department of State A/LM/AQM/WWD P. O. Box 9115, Rosslyn Station Arlington, VA 222109 Attn: Rosalind Hicks For hand delivery/courier service submissions: U. S. Department of State A/LM/AQM/WWD 1701 North Fort Myer Drive, Suite 200 Arlington, VA 22209 Attn: Rosalind Hicks Proposals submitted via fax or e-mail will not be considered. Offerors may direct any questions regarding this solicitation to: Rosalind Hicks, Contracting Officer to hicksrm2@state.gov. All questions must be submitted in writing via e-mail and received by 2 pm EST, Friday, November 19, 2010. The Department of State will not guarantee a response to any question received after this date/time. Rosalind Hicks will be the only Department of State point of contact for this acquisition. No other Department personnel may be contacted regarding this action. The Offeror shall follow the format and instructions below in preparing its proposal. Volume I - TECHNICAL PROPOSAL/ PLAN Volume II- PRICE PRPOSAL To facilitate proposal evaluation, the offeror shall submit one (1) original and one (2) copies of their Price Proposal as Volume II. The offeror shall also submit one (1) original and one (2) copies of their technical proposal as Volume I. These volumes must be clearly marked as "Technical Proposal" (Volume I) and "Price Proposal" (Volume II). The evaluation factors listed below will be used to evaluate the Offeror's proposal: Factor 1 Top Secret Security Requirements Factor 2 Comparable Experience Factor 3 Technical Solution (Custodial and snow removal plan of operations) Factor 4 Transition (Phase In/ Phase Out) Factor 5 Management Structure, Training Plan, and Resumes Factor 6 Quality Control (QC) Plan Factor 7 Safety and Environmental Program and Requirements Factor 8 Past Performance (Contractor Evaluation Form; Attachment 9) Factor 9 Price Volume I: The overall contents of the Technical Proposal (Volume I) shall be submitted in the following stated distinct tabs. Technical proposals, submitted in response to this request for proposal, shall contain a step-by-step solution/approach to enable the Government to evaluate the degree to which the Offeror's technical proposal addresses the objectives of the program and is logical, valid, feasible and executable. The technical proposal must be sufficiently detailed to enable technically-oriented personnel to (1) make a thorough evaluation of the solution/approach, (2) arrive at a sound determination as to whether the proposed solution/approach achieves the objectives and (3) determine if the proposed solution is sound and practical TAB/FACTOR 1: TOP SECRET SECURITY REQUIREMENTS- This Factor will determine that the Offeror has the necessary security clearances required to perform in a secured environment. The offeror selected for this contract must possess the required Top Secret (TS) facility security clearance at time of award. No scoring points are assigned. If the offeror does not meet the necessary TS clearance at time of award, the proposal will be determined to be non -responsive and will not receive additional considered for award. TAB/FACTOR 2: COMPARABLE EXPERIENCE The offeror shall submit all pertinent information on a minimum of two (2) contracts they performed and/or are currently performing (within the last five years of the date of this Solicitation) that gave them the experience comparable to that required by this solicitation, found under Sub-factor 2-A and Sub-factor 2-B: Sub-factor 2-A: Comparable experience in the performance of custodial services for similar size facilities. Each of the 2 contracts shall have, as a minimum, 500,000 sq ft of accumulative square footage of occupiable office cleaning space. Separate facilities may be combined within each contract in order to meet this cleaning requirement. Sub 2-B: Comparable experience in the performance of custodial services for similar # of facilities. Each of the 2 contracts shall have, as a minimum, 3 or more buildings which received the cleaning of occupiable office space. For each of the Contracts, the offeror shall provide the following information. * If the offeror has no experience for any item listed under 7, 8, or 9 (below), offeror or joint venture must indicate "no experience" for said item. 1. Customer's Name 2. Customer's Address 3. Name of the Contracting Official and their telephone number 4. Period of Performance 5. # of Facilities and their function, ie office, warehouse, etc 6. Square footage of each facility 7. Types/ square footage of flooring and carpeting cleaned, stripped, waxed/polished, & methods of maintenance. 8. Type and size of equipment used to maintain floors, carpets, garage, courtyards, exterior grounds. 9. Square footage of grounds involving snow removal, and types of snow removal equipment. TAB/FACTOR 3: TECHNICAL SOLUTION (CUSTODIAL AND SNOW REMOVAL PLAN OF OPERATIONS) The technical solution will be evaluated for its quality and evidence of the extent to which the Offeror's solution will fulfill all requirements relative to sound custodial cleaning, recycling, and snow removal practices and reflects an in-depth understanding of the program's objectives, performance standards, unique building environment requirements, and constraints. The technical solution shall clearly demonstrate how implementation of the proposed solution will deliver timely, standard, reliable, flexible, responsive, and compliant services to meet the needs of the Department of State.). A. Statement of Work/ Contract Work Breakdown Structure - A comprehensive performance statement of work and contract work breakdown structure, FOR EACH INDIVIDUAL FACILITY, that identifies the services to be delivered to meet program and mission requirements set forth in the Statement of Work. B. Staffing Plan and Work Plan - A representative staffing plan that aligns with the proposed performance statement of work and contract work breakdown structure, showing proposed level of staffing, with the number and types of personnel that will be utilized, to include any Sub Contractor Force, for ALL facilities covered under this Contract. An outline of methods/plans for staffing and scheduling personnel so that adequate supervision will be provided, a reserve pool of qualified personnel will be maintained for all services, and personnel will be available to respond to emergencies. The Plan must demonstrate that the offeror has the expertise to solve complex cleaning problems and has the resources to clean and finish all types of flooring. The Contractor shall submit with their proposal a Cleaning Plan, to include daily and periodic general office, floor care and restroom cleaning that accomplishes the desired finished product of services, and must consider client sensitivity such as special cleaning needs in secure areas, etc. C. Deliverable Reports and Daily/ Periodic Services - A Plan that demonstrates in sufficient detail how the deliverables and required reports will be prepared for submittal and who will be responsible for tracking their completion. D. Material, Equipment, and Supply Inventories - A List of material, equipment and supplies in which the Offeror intends to use for ensure all custodial services are met. E. Snow Removal Plan - A Snow Removal Plan, specifically geared towards the removal of Snow at SA-1 (Columbia Plaza), SA-26 (Beltsville Informational Management Center) and SA-33 (International Chancery Center). This factor will evaluate the effectiveness, efficiency, and soundness of the offeror's snow removal plan in terms of proposed methods, personnel, and equipment. TAB/FACTOR 4: TRANSITION (Phase In/ Phase Out) The Offeror shall demonstrate a satisfactory approach to contract transition (prior to award; Phase In and during expiration; Phase Out) when it clearly demonstrates a sound Phase-In and Phase-Out Plan that accurately defines the work tasks to be accomplished, which shall include A. Phase In - detailing the actions and timeframes that will be taken to transfer from the current contract to the proposed solution without interruption in services for all facilities and B. Phase Out - detailing the actions and timeframes that will be taken to interface with a successor Contractor, to ensure the continuation and continuity of all services without any interruption in the event the offeror is as not awarded a follow on contract. The Transition for Phase In shall address and include, though is not all inclusive of, who shall be conducting these Services. The Offeror shall address the process and schedule for clearing personnel, training, custodial and snow removal material/ supply/ equipment delivery, and all critical and performance tasks. The Transition for Phase Out shall address a schedule of events that ensures no interruption in services. It shall include the tentative person that shall provide these services, as well as a schedule of events to include departure of custodial personnel, custodial and snow removal material/ supply/ equipment removal. Both Plans should include an analysis that identifies potential barriers to successfully implement the proposed solution. The purpose of barrier identification is to find unusual or major obstacles that may need to be overcome. Potential barriers could include customer attitudes or values, insufficient number of employees with the skills required to perform the tasks, coordination requirements with incumbent and/or follow-on Contractor and custodial employees, delivery and/or removal of materials and equipment, collective bargaining agreements, current laws and regulations, and/or funding constraints. The impact of these barriers and the costs of addressing them should be factored into the proposed solution. TAB/FACTOR 5: MANAGEMENT STRUCTURE, TRAINING PLAN, and RESUMES A. The Management Structure will be evaluated for evidence of the functions, responsibilities, qualifications, and authorities of the offeror's management and supervisory personnel, and how these positions relate to and impact the day-to-day performance of the services required. The offeror shall provide a complete, clear, and concise organizational chart, which delineates the role and responsibility of corporate management, as it pertains to the successful performance of the resulting contract. The proposal shall describe the extent to which the project manager shall have the authority to act on the company's behalf. B. Training Plan - A Plan that shows the type and frequency of custodial tasks which employees shall be trained in to ensure all custodial requirements are met on the first day of contract start. This shall include, though may not be all inclusive of, client relations, specific custodial tasks, use of equipment and products, professionalism, and building emergency response. C.Resumes - The offeror shall submit resumes for all key personnel, to include Project manager and On-site Supervisory employees, who are highly qualified and experienced with a proven track record of success in accordance, with stated requirements. Appropriate personal certification(s) may be an indicator of qualification and experience. If the proposed key personnel are not an employee of the Offeror, at the time of proposal submission, the resume shall be accompanied by a signed letter of commitment. The letter of commitment must be signed by the individual and shall certify that the individual will serve as key personnel under any contract resulting from this solicitation. TAB/FACTOR 6: QUALITY CONTROL (QC) PLAN Offerors shall to propose a Quality Control Plan which demonstrates a clear and distinct understanding of the need for quality control and its' direct relationship to, and effect of, operational and functional performance under this contract. The Plan shall include the detailed philosophy, policies and procedures for identifying and meeting the relevant performance and quality standards appropriate to this contract, with the ability to quantify, measure, track, and report contractor and/ or operational performance in achieving the most successful custodial performance. In addition, the Offeror shall describe the following - A. Inspection System - tailored to each specific building being cleaned, addressing ALL services required by the Contractor, as well as frequency of inspections. B. Methods the Contractor shall use to identify and correct deficiencies in the quality of service before the level of performance becomes unacceptable. C. Inspection Forms - The Offeror shall provide examples of Inspection Forms that shall be used when conducting QCA operations. TAB/FACTOR 7: SAFETY AND ENVIRONMENTAL PROGRAM AND REQUIREMENTS To ensure the offeror has an adequate understanding and compliance safety and environmental requirements, the offeror shall submit an overall Safety and Environmental Program, to include Blood-borne Pathogens (OSHA 1910.1030), Hazard Communications (OSHA 1910.1200), and Personal Protective Equipment (OSHA 1910 Subpart I). The Offeror shall submit their companies' Experience Modification Ratio (EMR) in regards to claim history, their completed and signed OSHA 300 logs for the previous 5 years in accordance with OSHA Part 1904, and their incident rate for the company. The incident rate equates to the number of incidents multiplied by 200,000 hours divided by the number of hours worked (number of incidents x 200,000 hours/ number of hours worked). TAB/FACTOR 8: PAST PERFORMANCE Each offeror will be evaluated on its performance, and that of significant subcontractors or affiliates, if any, under existing or prior contracts for services. Past performance information will be used in making responsibility determination and to assess the capabilities of the offeror's in order to assure the selection of the proposal offering the greatest value to the Government. The Government will direct its inquiry to the past performance of the offeror, and its proposed significant subcontractors or affiliates, if any, as such performance relates to the solicitation requirements. The Government will focus on information that demonstrates the quality of performance relative to the size, content, and complexity of the requirements. In particular, information on the following areas of contract performance will be collected and evaluated: 1) Conformance to specifications and standards of good workmanship. 2) Adherence to contract schedules 3) Compliance with the terms and conditions of the contract 4) General business conduct and business-like concern for the customer The contractor evaluation form, included as attachment 4 will be used to collect information as to the quality of past performance of the offeror, including subcontractors providing significant services and /or affiliates. The offeror shall select three (3) of its customers, for which it has performed within the past five (5) years, and forward copies of the contractor evaluation form to those agencies and or/firms for completion and submission directly to the Contracting Officer. The forms should be returned to the Contracting Officer no later than the closing date of the solicitation. If a significant portion of the work to be performed is proposed to be accomplished by subcontractors or affiliates of the offeror, three (3) contractor evaluation forms shall be submitted by customers of the proposed subcontractor(s) or affiliate(s). Offeror's shall include in their proposal, the written consent of their proposed significant subcontractors to allow the Government to discuss the subcontractors' past performance evaluation with the offeror during the discussion (negotiation) phase of this procurement if the Government conducts discussions. Offeror's shall include with their proposal, a list of the firms that will submit evaluation forms. Other references, aside from those provided by the offeror, may be contacted and their comments considered to evaluate the offeror's past performance during the source selection process. The information submitted by the offeror may be verified by the Government though discussions with the references provided. While the Government may elect to consider data obtained from other sources, the burden of providing relevant references that the Government can readily contact rests with the offeror. Volume II: The overall contents of the Price Proposal (Volume II) shall include the list of CLIN Items, shown in 1. Pricing of the Solicitation and their proposed dollar amounts. The price proposal shall also break out those costs, specifically reflecting a break out of all costs incurred. The Offeror shall insert prices for all line items in 1. Pricing for the base year and for each option year. FACTOR 9: PRICE The Government Evaluation Team may use all methods available to evaluate prices proposed including, but not limited to, an analysis based on the following: Reasonableness: Reasonableness will be established by the existence of adequate price competition and by comparing all, or a representative sample of the proposed prices/costs to representative industry average rates and/or rates from other contracts for similar work, etc. Realism: A realism assessment will be accomplished by technical review and evaluation of the skill mix, specific hours, and material kinds and quantity in each contractor's proposed price proposal. The intent of the evaluation is to determine whether the estimated proposed price/cost elements are realistic for the work to be performed; reflect a clear understanding of the requirements; and are consistent with the approach described in the contractor's technical proposal. Price Risk: The Government will evaluate the risk associated with pricing schemes given the proposed pricing schemes, terms and conditions. Unrealistically low proposed prices, whether submitted initially or subsequently, may be grounds for eliminating a proposal from competition on the basis that the Offeror does not understand the requirements. 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999) The Government will evaluate the Base Year and Option Year cost as a total cost per award. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of option period pricing shall not obligate the Government to exercise the options for that year. The Government contemplates awarding one (1) IDIQ contract under this RFP to the responsive and responsible offeror whose offer conforms to the requirements of the RFP and whose offer is considered to be Lowest Price Technically Acceptable Offeror. The Government will evaluate proposals based upon technical factors and significant sub-factors described below Factor 1 Top Secret Security Requirement Factor 2 - Comparable Experience Factor 3 - Technical Solution (custodial and snow removal plan of operation) Sub-factor 2-A: Comparable experience in the performance of custodial services for similar size facilities. Each of the 2 contracts shall have, as a minimum, 500,000 sq ft of accumulative square footage of occupiable office cleaning space. Separate facilities may be combined within each contract in order to meet this cleaning requirement. Sub 2-B: Comparable experience in the performance of custodial services for similar # of facilities. Each of the 2 contracts shall have, as a minimum, 3 or more buildings which received the cleaning of occupiable office space. Factor 4 - Transition (Phase In/ Phase Out) Factor 5 - Management Structure and Key Personnel Responsibilities (Resumes) Factor 6 - Quality Control Plan Factor 7 - Safety and Environmental Program and Requirements Factor 8 - Past Performance Factor 9 - Price (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. The Offerors' proposal shall meet the objectives outlined in the Statement of Work (SOW) and provide the best value solution to the Government will be selected for award. The best value is defined as the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the stated objective. The Government may conduct a price realism evaluation in order to determine if the overall price proposed is: (1) Realistic for the work to be performed; (2) Reflects a clear understanding of the requirements; and (3) Are consistent with the various elements of the Offeror's technical proposal. (a) The Offeror's proposal will be evaluated to determine whether it meets the requirements described in the solicitation. The Government will evaluate the Offeror's capability and approach to meet the Government's objectives against the evaluation factors outlined in 52.212-2. (b) A cost and/or price analysis shall be conducted based upon the data submitted by the Offeror in order to determine that the negotiated cost or price to be fair and reasonable. RATING METHODOLOGY All factors will be adjectivally rated as Outstanding, Good, Acceptable, and/or Unacceptable, with the exception of Past Performance which may be rated neutral. The following definitions will be used for the rating categories: The Government Evaluation Team members will independently rate the strengths and weaknesses of each Offeror's technical proposal information. Each of the developed evaluation factors will be adjectivally rated as Outstanding, Good, Acceptable, or Unacceptable, with Outstanding representing the highest possible rating and Unacceptable representing the lowest possible rating. Only the Past Performance factor may be rated as neutral. The following definitions will be used for the rating categories: • OUTSTANDING - The Evaluation Factor response is expected to contribute to the superior achievement of the objectives with minimal or no risk. An assigned rating of OUTSTANDING indicates that, in terms of the specific factor, subfactor, or element, the submission contains very significant strengths and no weaknesses. • GOOD - The Evaluation Factor response is expected to introduce minimal risk in achieving the objectives. A GOOD rating indicates that, in terms of the specific factor, subfactor, or element, the submission contains considerable strengths, but also some weaknesses. • ACCEPTABLE - The Evaluation Factor response is expected to introduce minimal to moderate risk in achieving the objectives. An ACCEPTABLE rating indicates that, in terms of the specific factor, the submission contains weaknesses that offset strengths, but do not significantly detract from the submission. A rating of ACCEPTABLE is used when there are no indications of exceptional features or innovations that could prove to be beneficial and no major weaknesses that could diminish the quality of the effort or increase the risks of failure. • UNACCEPTABLE - The Evaluation Factor response is expected to introduce moderate to excessive risk making it highly unlikely that performance would meet the objectives. An UNACCEPTABLE rating indicates that, in terms of the specific factor, subfactor, or element, the submission contains significant weaknesses that are not offset by strengths. The Offeror's interpretation of the Government's objective is superficial, incomplete, vague, incompatible, incomprehensible or incorrect that it is considered unacceptable. • NEUTRAL* - No relevant past performance available for evaluation. * This rating shall only be applied to the PAST PERFORMANCE factor. A NEUTRAL rating is neither favorable nor unfavorable. Assigned ratings will reflect the consensus developed by the evaluation team's assessment of the technical proposal for accomplishing the Government's objectives. Price proposals will be evaluated but not rated.
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