Specifications
17
The inspection, evaluation, and rating performed weekly as described herein shall be cumulative to total a
monthly score. This will be done by treating each weekly rating as 20% or 25% of the monthly score, as
appropriate, and at the end of the month, the weekly scores will be added together and this total divided
by four (or five) to equal the month’s score.
The minimum acceptable score for each building will be 90%. If the score evaluated during any monthly
inspection for any building falls below 90%, the Contractor will be required to take the necessary actions
to correct the deficiencies indicated and bring the score up to a level of 90% or better before the next
inspection.
If the Contractor fails to correct noted deficiencies; Contractor shall be subject to a review of its
performance. In addition to the aforementioned requirements, any item rated UNSATISFACTORY (U) on
the “Janitorial Services Performance Evaluation” form will be subject to immediate review with the Facility
Manager and the Contractor’s representative to effect corrective measures. Any item rated
UNSATISFACTORY (U) for more than two (2) consecutive weekly inspection periods will receive double
the weighting on scoring. Upon failure by the Contractor to correct any aforementioned deficiencies by
the third inspection, the Commissioner may exercise his right to terminate the contract either in whole or
in part. The Contractor will be furnished a copy of each evaluation and rating of the custodial program by
the Facility Manager for each inspection.
Whenever the ratings of the custodial program falls below ninety percent (90%) for the same
building for two (2) consecutive months on the “Janitorial Services Performance Evaluation”
form, the Contractor shall be liable for and the State may deduct, as liquidated damages,
from the monthly payments specified in the contract, starting with the second month of below
90% evaluation, a sum equal to one percent (1%) of such monthly payment for the subject
building for each percentage point below one hundred percent (100%) by which the
Contractor remains deficient. While 90% is the level of performance that the State of New
York will take action against the Contractor, the State does expect a higher level of quality.
NOTE: The Contractor shall be evaluated only on those tasks specified to be performed.
Whenever the ratings of the custodial program falls below ninety percent (90%) for the same
building for three (3) consecutive months, the State may terminate the contract, at his or her
option.
Should the Contractor dispute the rating given, the Contractor shall in the first instance, within ten (10)
calendar days of receiving written notice of the rating, request a meeting to discuss said rating with the
Facility Manager. The Contractor shall be afforded a reasonable opportunity to be heard and to offer
evidence in support of this appeal. The Facility Manager shall provide a written decision within fifteen
(15) calendar days of the above meeting. The decision of the Facility Manager shall be final.
2.07 Minimum Hours and Liquidated Damages
Contractor’s employees must punch in and out on a “time clock” as directed by the Facility Manager.
Cards shall not be removed unless the Facility Manager gives permission. Failure to punch in and out
whether intentional or not, may at the discretion of OGS, be understood to mean that service was not
performed.
Should the Contractor fail to supply the minimum number of worker hours for any Building during a
weekly period, as enumerated in terms detailed under the accepted PLAN OF OPERATION, Contractor
may be assessed liquidated damages against the amount invoiced for the subject building for the
respective month. As the parties acknowledge that the State’s damages resulting from such a deficiency
in work hours would be difficult to calculate, they agree that liquidated damages should be assessed
according to the following criteria:
1. If a worker arrives late on any given day, that worker can work up to one hour late on that day
to make up for the “lost” time,