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Solicitation Number:

HSTS07-10-R-00058

Notice Type:

Combined Synopsis/Solicitation

Synopsis:

This is a combined synopsis/solicitation for Janitorial Services to support the Las Vegas, NV - Clark County - TSA Field Office.



This is a combined synopsis/solicitation for Janitorial Services prepared in accordance with the format in FAR Subpart 12.6 Streamlined Procedures for Evaluation and solicitation of Commercial Items as supplemented with information included in this notice. This announcement constitutes the only solicitation; no written solicitation will be issued. Solicitation Number HSTS07-10-R-00058 is used for reference purposes and is issued as a Request for Proposal . This is a 100% SET-ASIDE FOR SMALL BUSINESS. The NAICS code for this action is 561720; Small Business Size Standards can be found at: http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf



One contract is anticipated to be awarded as a result of this synopsis. The contract will be for one year with four (4) option years which will be awarded at the discretion of the Government.



1. Offer Due Date/Local Time: 4:30 p.m. EST, JULY 30, 2010

2. ISSUING OFFICE: TSA Contracting Office Address: DHS-TSA, Contracts and Procurement Branch, 200 West Parkway Drive- Suite 300, Egg Harbor Township, NJ 08234, Attention: Barbara Hansen, Phone: 609-813-3376, Email to: Barbara.Hansen@dhs.gov. Alternate point-of-contact is Doretta Chiarlone, Phone: 609-813-3363, Email to: Doretta.Chiarlone@dhs.gov.



Description of Services/Statement of Work:

THE FOLLOWING STATEMENT OF WORK SETS FORTH THE CONTRACT PERFORMANCE REQUIREMENTS FOR THE JANITORIAL SERVICES TO BE PROVIDED AT THE TRANSPORTATION SECURITY ADMINISTRATION (TSA) LAS VEGAS FIELD OFFICE:

SCOPE: These specifications are intended to outline the minimum requirements for janitorial services at the DHS/ Transportation Security Administration (TSA) LAS Field Office consisting of approximately 15,500 sq. ft. The space in question includes: multiple Offices, multiple Computer cubicle areas, 1 Conference room, 1 Class room area, 1 employee break room, 1 Unisex bathroom and 2 bathrooms including shower areas.



GENERAL INFORMATION: For the protection of the building and the equipment; plus facilitation of the business to be conducted, as well as the public image of the facilities, FIRST QUALITY CLEANING will be required. Hasty and careless performance of the work will not be tolerated. Dirt in corners, mop and wax splashes on the baseboards, wax over gum or dirty spots, dirty toilet fixtures, or unsightly areas will be considered as UNSATISFACTORY WORK. A neat, clean appearance is to be maintained in all areas, at all times, except when work is actually being accomplished. All services specified in these requirements shall be performed in accordance with the cleaning quality standards of this contract. Chemical solutions or wax deposits splashing onto equipment or furniture or drained through floor openings must be removed by the Contractor. If the surfaces upon which materials were deposited are damaged, the Contractor shall be required to refinish or restore them at his/her expense. This requirement is applicable to the exterior of the building during the washing of the outside windows.

WORK REQUIREMENTS. The determination of the total man-hour requirements for the performance of all services herein specified, as well as all cost factors, is the sole responsibility of the bidders. (1) The hours when services are to be performed are between the hours of 0900-1600 Monday thru Friday excluding Federal holidays. TSA employees performing official duties during the time contract work is being done will occupy some areas. Electrical power will be furnished by the Government at existing power outlets for the operation of such equipment as is necessary to perform janitorial contract services. The Contractor shall use receptacles in walls ONLY throughout the facility. Care shall be exercised when operating vacuum cleaners, buffers, mops, etc., around all equipment within the office and gym. Hot and cold water and utility sinks will also be made available to the Contractor for the performance of work. (2) Unless otherwise agreed upon, work shall not be performed on the following holidays or on holidays observed in lieu of the following: New Year s Day, Labor Day, Martin Luther King Day, Columbus Day, President s Day, Veteran s Day, Memorial Day, Thanksgiving, Independence Day, Christmas.

THE FOLLOWING SERVICES TO BE PERFORMED AT THE TSA FIELD OFFICE ARE: DAILY 5 days per week (Monday through Friday excluding Federal Holidays) between the hours of 0900-1600. (1) Vacuum and spot clean all carpeted floors. (2) Sweep and damp mop all tile floors both ceramic and vinyl. (3) Empty all trash containers throughout the building and replace liners. (4) Clean and sanitize restrooms/showers, washbasins, toilets, urinals, showers stalls, mirrors, etc. (5) Spot clean all hand and foot marks on walls, stalls, and floors in restrooms/showers. (6) Replenish restroom supplies. (7) Solution to be used for scrubbing and damp mopping in all restrooms shall contain disinfectant as well as cleaner/detergent/water mixtures. (8) Deodorant blocks are to be used in restrooms and gym. (9) Wipe clean counter tops, tables and scour sink in break room. Replenish paper towels. (10) Wipe down and sanitize gym equipment, to include gym mats, with disinfectant. (11) Sweep outside entry at main entrance of office in front of door. (12) Spot clean the inside windows and the individual glass panels in the offices. WEEKLY: Dust all horizontal surfaces including desks, chairs, file cabinets, and other types of office furniture and equipment, ledges, windowsills, etc. MONTHLY: Spot wax, as needed, mop, and buff tile floors in the unisex bathroom and break room. Dust window coverings, blinds, shades, etc. Wash tile walls in restrooms including shower stalls with hot soapy water or appropriate cleaning sterilizing solution. Damp mop and buff all vinyl tile floors. QUARTERLY: Clean all walls in administrative spaces. Note areas needing touch-up and/or repair. SEMI-ANNUALLY/Twice a year: Clean areas around air conditioning outlets and return air grilles to include vacuuming any dust build-up. ANNUALLY: Strip, wax, and buff vinyl tile areas in unisex bathroom and the break room. The Contractor shall use the least abrasive pad (fine grade) as much as possible; operate stripping machinery at slow speeds (preferred speed 175-190 revolutions per minute, not to exceed 1700 RPM. The Contractor shall also strip only the wax coating from the floor tile; excessive stripping of the floor tile surface is prohibited and the floor surfaces will not be dry cleaned or buffed. Damp clean all lighting fixtures, exposed pipe and duct work, high files, window and door frames and casings; dust walls and other objects, floor to ceiling, and all high horizontal and vertical surfaces, walls and other objects, floor to ceiling, Extraction carpet cleaning throughout the facility.

SPECIAL SERVICES REQUIRING DAILY POLICING AND PERFORMANCE: Remove cobwebs from all areas of building, when readily detectable. Remove all dirt, dust and other foreign matter, when readily detectable, from all exposed surfaces of supply and return air grills and louvered floors by vacuuming or wet wiping.

SAFETY AND FIRE PREVENTION: All work shall be conducted in a safe manner and shall comply with DHS/TSA and OSHA requirements. If the Contractor fails or refuses to promptly comply with safety requirements, the CO may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop order shall be made the subject of claim for extension of time or for excess costs or damages to the contractor. The Contractor shall be responsible for instructing his/her employees in appropriate safety measures. Employees must not place mops, brooms, machines, and other equipment in traffic lanes or other locations in such a manner as to create safety hazards. Signs to indicate wet floors shall be used. Such signs shall be displayed at all times in all areas where cleaning operations are in progress which necessitate the use of any equipment or supplies such as buckets, wires, ladders, water, wax, etc. which could cause a traffic obstruction or personal hazard. Contractor s employees shall be required to interrupt their work to allow passage of personnel, equipment or carts. When the cleaning of a public traffic area such as lobbies or corridors will result in the temporary hazard of wet or slippery floor, housekeeping personnel will use parallel wet mopping or cleaning procedures. Fire prevention shall be exercised at all times by the Contractor s employees. Contractor and his/her employees shall be cognizant of, and observe all requirements for handling and storage of combustible supplies and materials, daily disposal of combustible waste, trash, etc. in accordance with National Fire Code and National Board of Fire Underwriters. The contractor shall familiarize him/herself and all employees with methods of turning in a fire alarm and operating any fire alarm systems on the premises. Janitor closet, etc., shall be kept clean and free from odors and fumes. All combustible material shall be used and stored in a safe manner. Contractor shall report to the COTR any fire hazards, and if possible, correct them. Contractor shall be responsible for maintenance and up keep of the MSDS forms and chemical list for all chemicals used and stored on site. (5) When required, contractor personnel shall use protective gloves, masks or other gear to protect themselves from cleaning products. Protective gear shall be provided by the contractor. (6) Safety Rules: All rules of safety which are or may be imposed upon the contractor by Federal, state or local code shall be effectively carried out in the performance of the services set forth herein. Contractor shall take proper safety and health precautions to protect the work, the employees, the public and the property of others. Prior to start of work, Contractor shall be required to discuss and develop a mutual understanding relative to safety. Dangerous Cleaning Product List: Glass cleaner-general purpose cleaner-carpet spot remover (Butoxyethanol) This product absorbs through your skin and poisons your blood, liver and kidneys. Wear gloves when you use cleaners with this ingredient. Toilet Cleaner (Hydrochloric Acid/Phosphoric Acid) These acids are very good for removing hard water rings, but they can also blind you in seconds. Wear your gloves and goggles, or better yet change to a milder product such as one with Citric Acid - strong lemon juice. Oven Cleaner/Heavy Duty Degreaser (Sodium Hydroxide) - Oven cleaner in a spray can - very convenient, but also very dangerous. Sodium hydroxide can blind you, and the vapors can harm your lungs. Use it with care - wear gloves & goggles, and provide lots of fresh air. SECURITY REQUIREMENTS: The Contractor will insure that all employees are in compliance with the appropriate security measures required by Department of Homeland Security and Transportation Security Administration in order to conduct local background check and appropriate national agency check(s). If the background security check reveals that the employee does not meet DHS/TSA suitability standards, he/she will not be allowed to work at the TSA facility. In such instances, the security office will notify the contracting office prior to notifying the Contractor to remove the employee in question from the facility. In accordance with TSA Management Directive 2800.71, all contractor employees who will be providing services at government offices and will require temporary unescorted facility access, but who do not require access to TSA information technology resources or sensitive information, must be in compliance with a fingerprint-based criminal history record check in lieu of a National Agency Check Investigative Clearance (NACIC). Disqualifying offenses for unescorted access under this provision are listed in 49 U.S.C. Section 44936(b)(1)(B). In accordance with DHS Management Directive 11030.1, all contractor employees must be in compliance with the following procedures: (1) NCIC records check, (2) NCIC wanted person checks, and (3) State, regional or local law enforcement inquires. All aforementioned precautionary checks must be completed for personnel prior to their utilization and all names should be rechecked annually. Cleaning personnel must provide photo identification each time they enter the premises to perform their duties. (A) After business hours, cleaning personnel shall shut off lights, fans, and take other security measures as directed, or as applicable. The Contractor will be responsible for all lost articles found by his/her employees being turned in at a location designated by the COTR. (B) Contractor employees shall not disturb paper on desks, open desk drawers or cabinets, or use government telephones, except for brief and infrequent local calls as absolutely necessary. Contract employee will at no time use or linger around computers. PERSONNEL INFORMATION/TRAINING: The Contractor will be responsible for the training of her/his employees in the following areas: Proper use and handling of contract specified and approved detergents, supplies, and equipment. Care and maintenance of Contractor and Government furnished property, Familiarization with fire prevention and safety procedures, Familiarization with applicable DHS/TSA policies/regulations and their effect on housekeeping services, Contractor will be responsible for proper training in OSHA guidelines with regard to duties preformed and use, storage, maintenance of hazardous chemicals, Contractor will be responsible for protective gear when required (refer to figure 1, page 4), Contractor personnel must be recognizable as such while in facilities. This may be accomplished by wearing distinctive clothing bearing name of the company. The contractor shall be responsible for acquiring an appropriate number of badges to meet their needs at his/her own expense, Contractor employees are expected to dress and present themselves in a manner that is conducive to work being performed. No shorts, tee shirts, tattered clothing or inappropriate slogans. TRASH DISPOSAL: All wastebaskets and other trash containers within the area shall be emptied and returned to their initial location. Boxes, cans, and papers placed near a trash receptacle and marked TRASH shall be removed. Any obviously soiled or torn plastic trash receptacle liners in such receptacles shall be replaced. Trash shall be disposed of in plastic bags and secured with bag ties. The Contractor shall pick up any trash that may fall onto the facility grounds during the removal of such collected trash. The trash shall be removed from the site daily, Monday through Friday, five days a week and deposited in the container located behind the office building. ENVIRONMENTAL CONSIDERATIONS: All products and services should be geared towards an environmentally responsible and sustainable approach to janitorial services and building maintenance where such efforts are reasonable and do not contradict with other objectives. Cleaning products should be Green Seal Certified (www.greenseal.org), or an approved equivalent. However, all products and services regardless of environmental impact, will be required to meet all other objective criteria and performance standards as defined herein. SUPPLIES AND EQUIPMENT - Contractor Furnished: The Contractor shall furnish all janitorial supplies such as cleaning equipment, soap, wax (shall be non skid), mops, brooms, and all equipment such as floor machines. Contractor shall furnish toilet supplies such as disinfectants, urinal cake disinfectant, paper towels, toilet tissue, liquid hand soap, and trash bags. Government Furnished: Government will furnish all utilities and water needed to carry out these requirements for cleaning. The Contractor shall be directly responsible for instructing employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions, which preclude the waste of utilities, which shall include, but not be limited to: lighting, water faucets. LOSS OF CONTRACTOR S SUPPLIES, ETC: The Government will not be responsible for the damage and/or loss to the Contractor s stored supplies, materials, equipment, or personal belongings of the Contractor s employees. In any instances where Government property and/or equipment is damaged by Contractor employees, a full written report of the fact and extent of such damage shall be submitted to the CO within twenty-four (24) hours of the occurrence. All storage space, closets, and sinks will be kept in a clean, odor-free and sanitary condition at all times. Failure to do so may result in the withdrawal of the privilege of using them. QUALITY CONTROL/QUALITY ASSURANCE: The contractor shall establish a Quality Control methodology for identifying and correcting deficiencies before services or performance become unacceptable and/or the Government inspectors point out the deficiencies. The program shall include, but not be limited to the following: A checklist for use by contractor quality assurance representative which will be signed and dated by the contractor representative, A system to ensure that janitorial personnel are notified of any deficiencies identified in their areas of responsibility, Periodic communication (weekly, monthly, etc.) of Government COTR and Contractor Quality Assurance representative, During the performance of the contract, the Government and the Contractor may mutually adjust the standards and/or identify additional performance elements as may be necessary to ensure that the performance standards reflect the Government s requirement. --END OF STATEMENT OF WORK--.



Date & Place of Delivery: The period of performance for base year is planned for October 1, 2010 through September 30, 2011, with four (4) one year option periods from October 1, 2011 through September 2015. Recommended Site Visit: A recommended site visit is planned for the week of July19,2010 July 23, 2010 at the TSA LAS Field Office located in Clark County, Las Vegas, NV 89118; exact details will be provided to interested offerors. Potential Offerors interested in participating in site visit shall contact Barbara.Hansen@dhs.gov for the definitive date, time and specific location of the site visit as well as for directions. Each potential offeror planning to attend shall e-mail the names of individuals attending the site visit to Barbara.Hansen@dhs.gov or Doretta.Chiarlone@dhs.gov no later than 7/13/2010, 4:30 p.m. There is a limit of two personnel per company. The meeting location will be provided to vendors who have confirmed their planned attendance in accordance with the above instructions, and will include the location where vendors will be met and escorted for a tour of the facility. All visitors must have a valid photo ID. Offeror participation in the site-visit will be verified by the Contracting Officer/Contract Specialist prior to award. In order to adequately understand the requirements of the solicitation, it is strongly recommended that all potential offerors participate in the site visit. No technical or contractual questions will be answered nor will any additional instruction outside the Performance Work Statement be provided on the site visit. Should a vendor have questions of other than technical nature, please direct them via email only to Barbara.Hansen@dhs.gov at the FAMS Office of Acquisition.

IMPORTANT: It is to be noted that the field office in question has tentative plans to move to another location from that stated above approximately April 2011. The square footage of the new facility is proposed to be the same/similar to the current building, as specified in the Statement of Work. The new facility is proposed to be within a five (5) mile radius of the current location, as specified in the Statement of Work.



WITH FINAL PROPOSAL BE SURE TO PROVIDE COMPLETE PRICING FOR EACH YEAR IN THE FORMAT PROVIDED BELOW:

Base Year-1JOB-QUANTITY 1 $xx,xxx

Option Year1-1JOB-QUANTITY 1 $xx,xxx

Option Year2-1JOB-QUANTITY 1 $xx,xxx

Option Year3-1JOB-QUANTITY 1 $xx,xxx

Option Year4-1JOB-QUANTITY 1 $xx,xxx

Total Dollar Value of All ContractYears $xxx,xxx



APPLICABLE PROVISIONS/CLAUSES:

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-40. The following clauses apply to this solicitation: Any provisions/Clauses incorporated by reference can be found at the site(s) listed below: http://farsite.hill.af.mil/vffara.htm.

52.212-1 Instructions to Offerors Commercial Items (June 2008)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror and e-mail address;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) Remit to address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender s request and expense, unless they are destroyed during pre-award testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is late and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror s initial offer should contain the offeror s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to

GSA Federal Supply Service Specifications Section

Suite 8100

470 East L Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation DUNS or DUNS+4 followed by the DUNS or DUNS+4 number that identifies the offeror s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency s evaluation of the significant weak or deficient factors in the debriefed offeror s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

Addenda to 52.212-1: (a) The offeror shall submit with its proposal at least 3 completed contracts for the same/similar service which were completed within the last 5 years prior to the date specified herein for the receipt of offers. This requirement applies to contracts over $5,000.00 and shall include contracts/orders with the Federal Agencies, state and local government agencies and commercial customers. For each contract/order listed pursuant to the above, the offeror shall include the following information: (a) Name and address of the contracting government activity, or the name and address of the commercial customer. (2) The name of the Administrative Contracting Officer (ACO) and his/her telephone number. (3) The contract/order Number or other means of document identification if no contract/order number was assigned. (4) The total dollar value of the contract. (5) A description of the service provided under the contract. (6) The duration of the contract (measured from the contract award date to the final date of the contract). This information will be used to evaluate the offerors past performance.

52.212-2 Evaluation Commercial Items (Jan. 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(1) Technical capability of each offeror to meet the requirements of the Description/statement of work contained within this synopsis/solicitation

(2) Price

(3) Past Performance to include Service quality and commitment to customer satisfaction

Contract will be awarded to the Low Price Technically Acceptable (LPTA) offeror.

(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.

(End of provision)

52.212-3 Offeror Representations and Certifications Commercial Items (August 2009)

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 (m) 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 (n) 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, or 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. This is a Small business set-aside, so all offerors shall complete]

(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 $100,000.) 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: N/A

Line Item No. Country of Origin

_____N/A_____ _________________

[end of provision]



52.212-4 Contract Terms and Conditions Commercial Items (March 2009)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

(1) Delivery of the supplies to a carrier,