Bottled Water Service
This is a combined synopsis/solicitation for commercial items prepared in accordance with the Federal Acquisition Regulation (FAR) format in 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.
Solicitation Number CSOSA_15-Q-0137 is issued as a Request for Quotation (RFQ), under the Simplified Acquisition Procedures (SAP), FAR Part 13. The NAICS code is 312112. The acquisition is for a firm-fixed price contract. The solicitation document and incorporated provision and clauses are those in effect through Federal Acquisition Circular 2005-77. The clauses and provisions referenced in this solicitation may be obtained in full text form at http://www.acquisition.gov/far/.
1. STATEMENT/SCOPE OF WORK
Contractor must provide all labor, supervision, materials, vehicles, and equipment necessary to supply bottled drinking water at the Court Services and Offender Supervision Agency (CSOSA) field site located at 300 Indiana Avenue, NW, Washington, D.C. 20001.
The contract if for a 1 (one) year period as the base contract and includes 4 optional years, if exercised by the government.
Detailed Description of Service/Product Needed:
Service includes providing portable electric coolers, bottled water suitable for use in the portable electric coolers, paper cups and attached paper cup dispensers to keep cups orderly, clean and easily accessible. Water coolers shall be located in the following locations at CSOSA field site:
Location
Room Number
0001
2066/2071
0002
2070
0003
2077
0004
2100
0005
2120
0006
2121
0007
2132
0008
2148
0009
2149
0010
2001
0011
2002
0012
2009
0013
2010
0014
2035
0015
2042
0016
2053
0017
2056
0018
2031
Size of Product
Coolers shall be portable and operate on a 120 volt electrical power source. The power source shall be furnished by the government. Coolers must be capable of delivering hot or cold water and must be maintained in good working condition at all times. Coolers must be appropriate for use with 5 gallon water containers suitable for use with hot and cold water coolers. 5 gallon water containers must be full and sealed when delivered.
Cups must be 5 ounce, paper, and disposable and must be installed in contractor mounted dispensers on the water coolers.
Usage
Usage is approximately ninety (90) 5 gallon bottles each month, distributed according to usage to each location. During the summer months the usage typically doubles.
Usage is approximately 54 sleeves of 5 ounce paper cups per month.
Please complete this pricing sheet with the price per 5 gallon bottle and 5 ounce 100 pieces per carton and return with your proposal to Lawrence.toperoff@csosa.gov, copy to susan.papa-provost@csosa.gov.
Per 5 Gallon bottle price, as needed
$ per bottle per year, base contract
$ per bottle per year, Option Year 1
$ per bottle per year, Option Year 2
$ per bottle per year, Option Year 3
$ per bottle per year, Option Year 4
Per 100 5 Ounce cups per carton, as needed
$ per carton per year, Option Year 1
$ per carton per year, Option Year 2
$ per carton per year, Option Year 3
$ per carton per year, Option Year 4
Timeframe for Delivered Service/Product
Water delivery schedules can be modified according to usage and seasonal adjustments for usage and any special requirements. Delivery shall either be weekly or bi-weekly and supplies must be well stocked. At no time shall any location be without water cooler, water or cups. Large supplies are not to be stored at any location and the contractor must make seasonal adjustments to delivery schedules to account for changes in water usage.
All work and deliveries must be performed during normal business hours Monday through Friday, excluding Federal Holidays. The scheduling of deliveries will be coordinated with the Contracting Officers Representative (COR).
2. SUPPLIES, MATERIAL AND EQUIPMENT
The Contractor shall furnish all supplies, materials, tools, equipment, etc., in order to support all requirements in the Scope of Work.
3. WORKMANSHIP
The Contractor will prudently observe all safety rules and regulations. The Contractor will also pay particular attention to his housekeeping standards and is responsible for leaving the location clean and free of debris.
4. DAMAGES
The Contractor is responsible for any damages caused by Contractor employees in the effort to meet the requirements of this contract. The Contracting Officers Representative (COR) and Contracting Officer (CO) will determine if damage will be repaired or replaced.
The Contractor shall be held responsible for all damages resulting from his or hers subcontractor's, errors, omissions or negligence in the performance of the work under this contract.
5. QUALITY ASSURANCE
The Contractor shall use adequate numbers of skilled workman and staff to meet the requirements of the Scope of Work.
The service shall comply in all respects with applicable federal state, county and/or city regulations, laws and codes.
6. WARRANTY
All products and supplies must be free of defects and meet all State, National and Local Codes for sanitary guidelines, handling and procedures.
7. CONTRACTING OFFICER REPRESENTATIVE
The Contracting Officer Representative (COR) will be appointed by letter which shall be provide to the Contractor at time of award.
8. CANCELLATION
The Contracting Officer (CO) may cancel this contract by providing the Contractor written notice at least thirty (30) calendar days prior to the cancellation date. Any such cancellation shall be made at no cost to the Government. If the cancellation date is not the last day of the month, the monthly price shall be prorated based on a 30-day month. All cancellations will be effected via contract modification issued by the Contracting Officer. Contractor invoices shall reflect the adjustment to the monthly price including any prorated amount for a partial month.
9. 2852.204-70 Personnel Security (DEC 2013)
The Contractor agrees to adhere to all regulations prescribed by the Government in regards to the safety and security of staff and offenders/defendants. All contractor personnel (employees and sub-contractors) utilized under this contract shall submit to a CSOSA background check and if necessary, a background investigation prior to performing. The intent and purpose of the background check/ investigation is to preclude the assignment of any individual who poses a threat to the Government or successful work completion due to past unlawful or inappropriate behavior. Contractor personnel must be U.S. citizens, or be lawfully permitted to reside in the United States and possess a valid work permit. The Contractor shall ensure that an individual does not begin work under this contract until the background checks are conducted and approved by the CSOSA Office of Security.
CSOSA Background Checks
Once the contract has been awarded, the Contracting Officer (CO) will provide the contractor point-of-contact with the security forms for temporary contractors. Forms to be completed are:
•· CSOSA Security Form for Temporary Contractors (Form # CSOSA-SEC-0010)
•· CSOSA Credit Release
•· PIV Form (to be completed by CO if proximity card is needed. If an access card is not needed, this form is not required).
The CO will provide the completed security forms to the Office of Security to conduct the CSOSA background checks. Once the CSOSA background checks are conducted and approved, the Office of Security will issue security approval to/through the CO, who in turn will notify the contractor and the COR. Only at that time may the Contractor notify an individual to begin work under this contract.
Once an individual has been granted security approval, they can begin work. The contractor must allow up to 30 days for the Office of Security to process the CSOSA background checks.
Derogatory information, falsification of any forms, or refusal to supply information and/or forms may be considered justification for immediate security denial/removal of the individual. CSOSA has the right to request any additional information necessary to complete the CSOSA background check. If contractor personnel fail to provide any of the above information or cooperate with the CSOSA Office of Security, he/she will be disapproved/removed immediately.
Office of Personnel Management (OPM) Background Investigation
Contracts of 180 days or more must undergo a background investigation by OPM in addition to the CSOSA background checks. The Office of Security will provide the additional security forms required for initiation of the OPM background investigation. The contractor will ensure that each individual assigned to this contract provides the following forms to the Office of Security:
•· SF-85P, Questionnaire for Public Trust Positions (web-accessible form)---The Office of Security will provide the link for individuals to complete this form electronically.
•· OF 306, Declaration for Federal Employment
•· FD 258, Fingerprint Cards
If an individual is terminated, resigns or for any other reason is no longer working on the contract, the contractor shall ensure that all previously issued Government equipment and material (including government identification card, if one has been issued) is retrieved from that individual and returned to the CO immediately. The contractor must notify the CO immediately when an individual is no longer working on the contract. The CO must immediately notify the Office of Security and Office of Information Technology in writing so all electronic access can be promptly terminated. In addition, the Contractor shall coordinate with the CO or COR to identify a replacement if necessary. Replacements cannot start work until the Office of Security provides approval.
Both the CO and the COR shall ensure that all contractor employees who provide services under the contract have been approved by the Office of Security.
Contractor personnel shall wear or display CSOSA issued identification at all times when performing work at a CSOSA facility. Contractor personnel shall not share or loan any CSOSA identification. All individuals assigned to this contract must report the loss or misplacement of agency identification immediately to the Office of Security.
Any individual who has been temporarily removed or resigned may be required to undergo another CSOSA background check before resuming work.
By responding to the Government's solicitation, contractor personnel agree to provide the requested information and cooperate with the above listed procedures. Any contractor personnel that do not obtain a favorable adjudication for the CSOSA background check or OPM background investigation will be unable to perform services under this contract. The final adjudicative determination will be made at the sole discretion of the Government. Any contractor personnel deemed unsuitable for employment will be unable to perform services under this contract.
10. 2852.232-71 Invoice Instructions
A. Requirements and Procedures
The Prompt Payment Act requires that all agencies make payment to their contractors on time, pay interest when payments are late, and take advantage of discounts when offered and when payment is made prior to the discount date.
In accordance with FAR 32.904, payments will not be made to contractors earlier than seven days prior to the due date or later than 30 days after the receipt of a proper invoice or acceptance of the items or services for which the invoice has been submitted, whichever is later. If payment is not made within the 30 day limit, the contractor is entitled to compensation in the form of an interest payment.
B. Payment Procedure for all Invoice
1. Submission of Invoices
Invoices for goods received or services rendered under this contract shall be submitted on a timely basis upon the completion of all services or the delivery of all items required by the contract or order. For contracts or orders requiring services or the delivery of items over several months, the contractor shall invoice on a monthly basis. Contractors performing recurring services should not invoice with a frequency greater than monthly unless provided explicit permission to do so.
All invoices should be sent electronically (Preferred Method) directly from the vendor to Office of Financial Management (FMO) while simultaneously coping the Contracting Officer (CO) and Contracting Officer Representative (COR) at:
Invoices.mailbox@csosa.gov,
Simultaneously copy the COR:
Simultaneously copy the Contract Officer: See Signature Block on Award and/or Amendment(s).
Although not preferred, the contractor may mail invoices and any required backup documents. In cases that prohibit an electronic submission, the vendor shall:
Mail the invoice to:
Court Services and Offender Supervision Agency
Office of Financial Management
633 Indiana Avenue, NW
Room 850
Washington, DC, 20004-2902
Invoices sent by vendors to locations other than the email above are not considered officially received by the Agency until actually received and date stamped by OFM.
The following information must be included on the invoice:
1. Contractor Tax Identification Number.
2. Contractor Mailing Address.
3. Contractor Phone Number.
4. Date of Invoice.
5. Contractor Invoice Number (unique).
6. CSOSA Contract / Order Number.
7. CSOSA Contract Line Item Number (CLIN) or item number.
8. Description, price, and quantity of work or services delivered in accordance with the Contract or Purchase Order.
9. Detailed list of date(s) and hour(s) of services performed or merchandise provided to CSOSA.
The contractor must submit an invoice for every CSOSA contract / Order Number. The invoice must identify the specific Contract Line Item Number (CLIN) or item number for which the contractor is seeking payment under the contract or order. If the invoice covers multiple CLIN or item numbers, the invoice must identify specific amounts and activity applicable to each.
2. Invoicing for Cost Reimbursement and Labor-Hour/Time-and Material Contacts
If the contract is Labor-Hour or Time-and-Material, the contractor shall ensure that each invoice is substantiated in accordance with FAR Clause 52.232-7-Payments under Time-and-Materials and Labor-Hour Contract (FEB 2007). If the contract is cost-reimbursable, the contractor shall submit all cost data verify reasonableness allocability and allowability in accordance with FAR Part 31.
3. Specific Documentation
Each month the contractor must submit a report on the status of each contract employee that
was cleared by CSOSA Security. This report must be submitted to the Contracting Officer at the same time as the monthly invoice and include the names of all contract employees working under this agreement. It must also include:
1. Contract Employee Name.
2. Start Date.
3. Status: Active, Back Up or Terminated from this contract with date terminated.
4. Acceptance and Receipt Approval
CSOSA is bound by the Prompt Payment Act (5 CFR Part 1315) to reimburse vendors on the 30th calendar day after a proper and valid invoice is officially received by the Agency. Invoices submitted without required information are not considered proper. If the invoice is disputed / rejected by CSOSA, the COR appointed to the contract or order will notify the contractor in writing of the dispute within seven (7) days of the CSOSA invoice official receipt date (the date stamped on the invoice by OFM). The COR's dispute / rejection notification will identify the specific invoice items and amounts being disputed, reason the items or amounts are disputed, a reference to the specific terms of the contract which supports the government's dispute, copying the Contracting Officer and a request for an immediate explanation and / or corrected invoice. During the period of dispute, the Contractor is not entitled to any payment or interest. Payments will not be made to the Contractor until actual acceptance by the Government occurs.
Contractor inquiries concerning an invoice payment may be made to the COR at any time or to OFM thirty (30) calendar days after a proper invoice has been submitted. The contractor may make payment inquires to the OFM email address identified above in paragraph "B1" or by calling the OFM Deputy Financial Manager at 202-220-5705.
5. Invoicing Changes
This Contract is subjected to Payment by Electric Funds Transfer (EFT) under the System for Award Management (SAM). It is the responsibility of applicable contractors to register in the SAM government-wide vendor registration database (www.sam.gov) prior to doing business with CSOSA. In accordance with FAR 52.232-33, contractors must establish and update accurate payment remittance (banking) information in SAM. Failure of the contractor to update SAM, and inform OFM, of changes in payment remittance (banking) information may lead to erroneous or delayed payments.
11. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jan 2014)
(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:
[X] (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).
[X] (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 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (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) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
[] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).
[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
[] (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).
[] (11) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (NOV 2011) (15 U.S.C. 657a).
[] (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[] (13) [Reserved]
[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
[] (ii) Alternate I (NOV 2011).
[] (iii) Alternate II (NOV 2011).
[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
[] (ii) Alternate I (Oct 1995) of 52.219-7.
[] (iii) Alternate II (Mar 2004) of 52.219-7.
[] (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).
[] (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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.
[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
[] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).
[] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
[] (21)(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.
[] (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
[] (23) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
[] (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
[] (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).
[] (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
[] (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).
[X] (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
[] (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126).
[X] (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
[X] (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
[X] (32) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
[X] (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
[X] (34) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).
[] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[X] (36) 52.222-54, Employment Eligibility Verification (AUG 2013). (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.)
[] (37)(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.)
[] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).
[] (39)(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.
[X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)
[] (41) 52.225-1, Buy American Act-Supplies (FEB 2009) (41 U.S.C. 10a-10d).
[] (42)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (NOV 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
[] (ii) Alternate I (MAR 2012) of 52.225-3.
[] (iii) Alternate II (MAR 2012) of 52.225-3.
[] (iv) Alternate III (NOV 2012) of 52.225-3.
[] (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[] (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
[] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
[] (48) 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)).
[] (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
[X] (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332).
[] (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
[] (52) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).
[] (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
[] (54)(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:
[] (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 U.S.C. 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) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495).
[] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247)
[] (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 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 (Jul 2013) (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) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(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) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(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 (AUG 2013).
(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xiv) 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.
(xv) 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.
12. 52.215-6 PLACE OF PERFORMANCE (OCT 1997)
The Contractor shall supply the goods and services at the COSA Field Site location at 300 Indiana Avenue, NW, Washington, D.C. 20001.
13. 52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Fixed Price, as needed, for products identified in the Scope of Work resulting from this solicitation.
14. 52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR) 1984)
(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding the obligated value of the contract.
(b) The maximum amount for which the Government shall be liable if this contract is terminated is the obligated value of the contract.
15. 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
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 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 prior to the expiration date of the contract.
16. 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to the expiration date of the contract; provided that the Government gives the Contractoir a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extend 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 5 years and 6 months.
17. INDEMNIFICATION
The Contractor shall save and hold harmless and indemnify the Government against any and all liability claims, and cost of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any Contractor property or property owned by a third party occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operation, or performance of work under the terms of this purchase order, resulting in whole or in part from the acts or omissions of the Contractor, or any employee or representative of the Contractor.
18. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. See FAR 52.252-2 for an internet address http://www.acquisition.gov/far/ ; for electronic access to the full text of a clause.
FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)
FAR Number
Title
Date
52.202-1
DEFINITIONS
NOV 2013
52.203-3
GRATUITIES
APR 1984
52.203-5
COVENANT AGAINST CONTINGENT FEES
MAY 2014
52.203-6
RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT
SEP 2006
52.203-7
ANTI-KICKBACK PROCEDURES
MAY 2014
52.203-8
CANCELLATION, RECISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY
MAY 2014
52.203-10
PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY
MAY 2014
52.203-11
CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
SEP 2007
52.203-13
CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT
APR 2010
52.203-14
DISPLAY OF HOTLINE POSTERS
DEC 2007
52.203-15
WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
JUN 2010
52.203-16
PREVENTING PERSONAL CONFLICTS OF INTEREST
DEC 2011
52.203-17
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
APR 2014
52.204-4
PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER
MAY 2011
52.204-7
SYSTEM FOR AWARD MANAGEMENT-ALTERNATE I
JUL 2013
52.204-9
PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL
JAN 2011
52.208-9
CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY OR SERVIVES
MAY 2014
52.211-5
MATERIAL REQUIREMENTS
AUG 2000
52.212-4
CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS
MAY 2014
52.219-8
UTILIZATION OF SMALL BUSINESS CONCERNS
MAY 2014
52.222-1
NOTICE TO THE GOVERNMENT OF LABOR DISPUTES
FEB 1997
52.222-3
CONVICT LABOR
JUN 2003
52.222-4
CONTRACT WORK HOURS AND SAFETY STANDARDS - OVERTIME COMPENSATION
MAY 2014
52.222-50
COMBATING TRAFFICKING IN PERSONS
FEB 2009
52.222-54
EMPLOYMENT ELIGIBILTY VERIFICATION
AUG 2013
52.223-15
ENERGY EFFICIENCY IN ENERGY CONSUMING PRODUCTS
DEC 2007
52.223-18
ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING
AUG 2011
52.225-1
BUY AMERICAN - SUPPLIES
MAY 2014
52.225-13
RESTRICTIONS ON CERTAIN FOREIGN PURCHASES
JUN 2008
52.225-25
PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES ORTRANSACTIONS RELATING TO IRAN - REPRESENTATION AND CERTIFICATIONS
DEC 2012
52.232-33
PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD MANAGEMENT
JUL 2013
52.232-39
UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS
JUN 2013
52.233-1
DISPUTES
MAY 2014
52.233-3
PROTEST AFTER AWARD
AUG 1996
52.233-4
APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM
Oct 2004
52.239-1
PRIVACY OR SECURITY SAFEGUARDS
AUG 1996
52.243-1
CHANGES - FIXED PRICE
AUG 1987
52.244-6
SUBCONTRACTS FOR COMMERCIAL ITEMS
MAY 2014
19. 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (APR 2014) and 52.212-2 EVALUATION - COMMERCIAL ITEMS (JAN 1999); the evaluation criteria stated in paragraph (a) of the clause are as follows: The significant evaluation factors, in the relative order of importance are 1. Price, and 2. Past Performance. Evaluation factors are approximately equal. The contract award will be made based upon Lowest Price Technically Acceptable (LPTA).
Lawrence B. Toperoff, Contract Specialist, Phone 202-220-5710, Email lawrence.toperoff@csosa.gov - Susan Papa-Provost, contracting officer, Phone 2022205747, Email susan.papa-provost@csosa.gov
