Lake Sonoma Warm Springs Dam Recreation Area Maintenance Services
This is a combined synopsis/solicitation for commercial items (services) prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83. The solicitation number is W912P718T0007. This requirement is being solicited as Small Business Set-Aside competition. The North American Industry Classification System (NAICS) code is 561720, the business size standard is $18.0 Million, and the Project Service Code is S201 for Custodial, Janitorial Services. The Government will award a Firm-Fixed-Price (FFP) contract resulting from this Request for Quote(RFQ) to the responsible Vendor whose submission conform to the solicitation. This announcement does not obligate the Government to award a contract nor does it obligate the Government to pay for any preparation cost. Project Description: The U.S. Army Corps of Engineers (USACE), San Francisco District is seeking to contract professional janitorial services for the Lake Sonoma Warm Springs Dam Recreation Area Maintenance Services. The contractor's work and responsibility shall include; all job planning, programming, scheduling, administration, inspection and management necessary to accomplish specified services. The contractor shall make sure that work is accomplished in accordance with the contract and all applicable laws, municipal codes, regulations, and/or written directives issued by the Contracting Officer. Specification: The offeror must meet the experience requirement in order to be eligible for award. Experience Requirement: In order to be eligible for award, the Contractor and/or subcontractor performing the work on-site shall have at least two (2) years of Commercial Cleaning Experience on similar contracts. Interested party shall complete "Contractor's Experience Form " (Attachment) and submit the completed questionnaire with their quote. Quotes received without a completed questionnaire may be considered non-responsive. Line Item Break Down_Price Schedule PERIOD OF PERFORMANCE: Base Year --October 1, 2018 to September 30, 2019 Option Year 1--October 1, 2019 to September 30 2020 Option Year 2--October 1, 2020 to September 30 2021 Option Year 3--October 1, 2021 to September 30 2022 Option Year 4--October 1, 2022 to September 30 2023 All interested firms shall submit a Quote in accordance FAR provision 52.212.-1 and shall include the information as stated below. 1.Point of Contact name, email address, and telephone number 2.Cage Code and DUNS number. 3.Category of Small Business, such as 8(a), HUBZone, Veteran Owned Small Business, Woman Owned Small Business, or SDVOSB. 4.Technical Capability-Skills, equipment, and personnel required to perform the specified type of services 5.Past Performance Questionnaires (Attached) 6.Complete information in FAR Clauses 52.209-7, 52.209-11, and 52.212-3. (Attached) 7.Statement of Financial Responsibility 8.Quotes -to include option years a.Quoters SHALL complete and submit the attached Line Item Break Down_Price Schedule and include a price for each line item. b.The quote should clearly identify all costs,with appropriate markups applied in accordance with the contract terms and conditions. Include a discussion of any assumptions or exceptions upon which your Quote is based. NOTES TO INTERESTED VENDORS Please submit all questions by 7 September 2018 to: james.neal@usace.army.mil Answers to submitted questions will be Posted on FBO September 14 2018. Please submit your quote as a PDF format attachment(preferred) or commonly used document software to James Neal at email: james.neal@usace.army.mil. Quotes must be received no later than the date and time stated in the solicitation. Quotes received after the deadline are Late, and may not be considered for contract award. Site Visit: Vendors not familiar with the Lake Sonoma Warm Springs Dam Recreation Area are encouraged to attend the schedule site visit on 6 September 2018, 1 pm. at 3333 Skaggs Springs Rd, Geyserville, CA 95441. Contact Sr. District Ranger Christopher Schooley at email Christopher.G.Schooley@usace.army.mil or phone (707) 431-4555 for visit specifics. Performance Work Statement (PWS) (Attachment) The following solicitation provisions will be incorporated by reference: 52.204-7 System for Award Management 52.204-16 Commercial and Government Entity Code Reporting 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation 52.212-1 Instructions to Offerors - Commercial 52.217-5 Evaluation of Options 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran- Representation and Certifications The following FAR clauses will be incorporated by reference: 52.203-6, Alt 1 Restriction on Subcontractor Sales to the Government 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.212-4 Contract Terms and Conditions-Commercial Items 52.219-6 Notice of Total Small Business Set Aside 52.222-55 Minimum Wages Under Executive Order 13658 52.223-10 Waste Reduction Program 52.223-11 Ozone-Depleting Substances 52.223-15 Energy Efficiency in Energy-Consuming Products 52.223-18 Encouraging Contractor Policies to Ban Text Mess aging While Driving 52.225-13 Restrictions on Certain Foreign Purchases 52.232-39 Unenforceability of Unauthorized Obligation s 52.233-4 Applicable Law for Breach of Contract Claim 52.237-2 Protection of Government Building, Equipment, and Vegetation, DFARS 252.201 -7000 Contracting Officer's Representative 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.203-7003 Agency Office of the Inspector General, 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7003 Control of Government Personnel Work Product 252.204-7004 Alternate A, System for Award 252.204-7012 Safeguarding of Unclassified Controlled Technical Information, 252.211-7003 Item Unique Identification and Valuation 252.225-7036 Buy American-Free Trade Agreements-Balance of Payments Program 252.227-7013 Rights in Technical Data - Noncommercial Items 252.227-7018 Rights in Noncommercial Technical Data and Computer's Software-Small Business Innovation Research (SBIR) Program 252.227-7019 Validation of Asserted Restrictions - Computer Software 252.227-7028 Technical Data or Computer Software Previously Delivered to the Government 252.227-7037 Validation of Restrictive Markings on Technical Data 252.232-7003 - Electronic Submission of Payment Requests CLAUSES INCORPORATED BY FULL TEXT: 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) (a) The award will be made to the contractor whose price is the lowest of all offers determined to be technically qualified of performing the required service in accordance with FAR Part 12 Acquisition of Commercial Items. Technically qualified is defined as meeting the minimum requirements in Technical, Past Performance and Price as listed below. No trade-offs are made. To receive consideration for an award, the offer must NOT receive an "unacceptable" rating for the non-price factors. The Government may make an award based on initial quotes received without discussions with quoters. Accordingly, each offer should be submitted in a completed form, without exception to any requirements. Failure to submit mandatory information for a factor, indicated by the word SHALL, will result in a rating of "unacceptable" for that factor, and the offer will be ineligible for award. It is incumbent upon the offeror to submit sufficient information for the Government to determine technical acceptability, successful and satisfactory past performance and price. Failure to submit sufficient information for the government to determine technical acceptability, past performance or price may be cause for rejection of your quote. The Government will award a contract resulting from this solicitation to the responsible vendor whose quote 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: (i) Price (ii) Capability (iii) Past Performance a.Offerors SHALL complete and submit the Line Item Break Down_Price Schedule with their Quote and include a price for each line item. Failure to do so will result in the offer being rejected without further consideration. b.The Contracting Officer will evaluate each Quoters price to determine price reasonableness. In this context, reasonableness will be determined by comparing offered prices to one another, to the Government estimate and to pricing for previous work of a similar nature. (ii). CAPABILITY: a.The Offeror SHALL submit evidence of the capability to meet the minimum requirements as specified in this solicitation and the attached Statement of Work. Proposal shall demonstrate that the offeror can provide the skills, equipment, and personnel required to perform the specified type of services are available, or can become available if the contract is awarded. b.The capability factor SHALL receive an adjectival rating based on the assessed strengths and inadequacies of each offer as they relate to the Experience rating with details descriptions are show in below: CAPABILITY: RATING ACCEPTABLE Vendor clearly meets the minimum capability of the performance work statement UNACCEPTABLE Vendor does not clearly meet the minimum capability of the performance work statement (iii)PAST PERFORMANCE: To demonstrate satisfactory past performance the offeror SHALL provide documentation of satisfactory performance on two (2) past or current contracts of a similar type, size, scope and complexity, performed within the last two (2) years including references, with names and contact information of the references who can verify such past performance. Past performance information of key personnel may be provided if the company has limited or no past performance. In the case of a vendor with only one or without a record of relevant past performance or for whom information on past performance is not available, the vendor will be evaluated as "Neutral" on Past Performance, providing the vendor supplies a certified statement with their quote that no past performance information is available. The preferred method of evaluating Past Performance is the attached USACE Past Performance Questionnaire (PPQ). The Government's approach will be to check the references provided by the contractor to verify satisfactory past performance. In addition to the above, the Government may review any other sources, as well as data obtained from other sources available, i.e. government database, past contract files, etc. The offeror is cautioned that while the Government will consider data from other sources, the burden of demonstrating acceptable past performance rests with the offeror. PAST PERFORMANCE RATING ACCEPTABLE Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown UNACCEPTABLE Based on the offeror's performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort. 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). (End of provision) 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)(See Attachment) 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)(See Attachment) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017) ALTERNATE I (OCT 2014) (See Attachment) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2017) (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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109- 282) (31 U.S.C. 6101 note). (5) [Reserved] (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (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. (Oct 2015) (31 U.S.C. 6101 note). (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313). (10) [Reserved] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). (ii) Alternate I (NOV 2011) of 52.219-3. (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). (ii) Alternate I (JAN 2011) of 52.219-4. (13) [Reserved] X (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. X (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)). (ii) Alternate I (Nov 2016) of 52.219-9. (iii) Alternate II (Nov 2016) of 52.219-9. (iv) Alternate III (Nov 2016) of 52.219-9. (v) Alternate IV (Nov 2016) of 52.219-9. (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). X (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)). (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). X (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)). (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793). X (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627). (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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.) X (35)(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.) (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693). (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693). (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). (ii) Alternate I (OCT 2015) of 52.223-13. (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). (ii) Alternate I (Jun 2014) of 52.223-14. (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). (ii) Alternate I (Jun 2014) of 52.223-16. X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). X (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693). (44) 52.223-21, Foams (June, 2016) (E.O. 13693). (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (ii) Alternate I (JAN 2017) of 52.224-3. (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (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 (May 2014) of 52.225-3. (iii) Alternate II (May 2014) of 52.225-3. (iv) Alternate III (May 2014) of 52.225-3. (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150 (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (July 2013) (31 U.S.C. 3332). (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (July 2013) (31 U.S.C. 3332). (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) _(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). X (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). X (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). _ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67). _ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67). X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658). 9 (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). _ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). _ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (x) 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. (xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xii) X (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627). _ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xvii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain ervices--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xv)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (xvi) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xx) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 52.217-8 OP TION 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 provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract end date. (End of clause) 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 (insert the period of time within which the Contracting Officer may exercise the option); provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years, 6 months. (End of clause) 52.232-18 -- Availability of Funds (Apr 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. (End of Clause) REGISTER OF WAGE DETERMINATIONS UNDER THE SERVICE CONTRACT ACT By direction of the Secretary of Labor (See Attachment) .
W912P7-18-T-0007 Department of the Army Corps of Engineers Engineering District San Francisco
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