Request For Quote.pdf

COMBINED SYNOPSIS/SOLICITATION NOTICE

General Information

Document Type: Combined Solicitation/Synopsis Solicitation Number: 12318720Q0090 Posted Date: 1/30/2020 Original Response Date: 2/18/2020 Current Response Date: 2/18/2020 Product or Service Code: S208 Set Aside (SDVOSB/VOSB): Small Business NAICS Code: 561730

Contracting Office Address

USDA FOREST SERVICE

AQM PROC PROPERTY

1400 INDEPENDENCE AVE SW MS-1138

WASHINGTON DC 20250-1138

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotation are being requested, and a written solicitation document will not be issued.

This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-02.

The associated North American Industrial Classification System (NAICS) code for this procurement is 561730, with a small business size standard of $8.0.

Section A – Instructions/General Information

All interested companies shall provide quotes for the following:

Description:

The US Forest Service, National Technology & Development Program (NTDP), San Dimas Campus, has a need to procure a Base and 4 Option Year contract for Landscape/Grounds Keeping Services located at 444 E. Bonita Avenue, San Dimas, CA 91773-3101. See Performance Work Statement, Quality Assurance Surveillance Plan, and Wage Determination for details.

Landscape/Grounds Keeping Services

All questions regarding this RFQ must be in writing and may be sent by e‐mail to matthew.cox2@usda.gov.

Questions must be received no later than 2/12/2020 at 12:00PM Pacific Time (PT). No further questions will be accepted after that date and time unless deemed in the best interest of the Government by the Contracting Officer.

You are reminded that representatives from your company SHALL NOT contact any US Forest Service employees to discuss this RFQ during this procurement phase. All questions and concerns regarding this RFQ shall be directed to the above contracting officials.

NOTE 1 – The estimated quantities shown are for evaluation purposes only. Contractor will be paid for actual quantities.

NOTE 2 – Quotes are required on all items for each year. The quoter must quote on all items. Only quotes to the nearest cent will be accepted.

Quoted Price Work will be performed and invoiced on a monthly basis in arrears.

Quoters are encouraged to inspect the site prior to submitting a quote to assess the condition of the site and the scope of work proposed. An organized site-visit is scheduled for 9:00AM PT, Monday, February 10, 2020 in the main entrance lobby located at:

National Technology & Development Program, San Dimas Campus 444 East Bonita Avenue San Dimas, CA 91773-3101

Failure to attend does not relieve the quoter from accurately determining the scope of work required.

A post award, pre-work meeting will be scheduled with the contractor within ten (10) days of contract award.

QUOTE SUBMISSION: All quotes shall be submitted to matthew.cox2@usda.gov no later than 3:00PM PT, February 18, 2020.

See Schedule of Items for Quote submission.

To be considered for award your quote must include the following:

1. Completed Schedule of Items (located on page 4);

2. All vendors must be registered and complete all entries in the System for Award Management mailto:matthew.cox2@usda.gov

(SAM) to be considered for award. Potential vendors may register at the following web site:

https://www.sam.gov/portal/public/SAM

4. All Quote submissions must list your DUNS number, CAGE code, and Federal TIN with Company name, POC, and phone number. If you need to obtain or renew a DUNS number or CAGE code, please visit www.sam.gov. Lack of registration in the SAM database will make an offeror ineligible for award.

5. The government intends to award a contract as a result of this RFQ that will include the terms and conditions set forth herein.

Evaluation of Quotes:

Award shall be made to the vendor whose quotation offers the best value to the Government that meets the terms and conditions heroin, in accordance with FAR 13.106-1(a)(2).

Place of Performance National Technology & Development Program, San Dimas Campus 444 East Bonita Avenue San Dimas, CA 91773-3101

(End Section A) https://www.sam.gov/portal/public/SAM

Section B – Schedule of Items & Performance Work Statement (PWS)

Schedule of Items and Performance Work Statement:

Landscape Maintenance

Part 1 – Schedule of Items

Base Year: March 1, 2020 through February 28, 2021

Item No.

Description Unit Quantity Unit Price Line Total

1.

Month

Option Year One: March 1, 2021 through February 28, 2022

Option Year Two: March 1, 2022 through February 28, 2023

Option Year Three: March 1, 2023 through February 28, 2024

Option Year Four: March 1, 2024 through February 29, 2025

Base and All Option Years Total:

PART 2 – PERFORMANCE WORK STATEMENT

Scope of Work:

The contractor shall provide all labor, equipment, supervision, materials, tools and supplies (including seed and fertilizer), except as indicated under Government Furnished Property, to perform landscape maintenance services on approximately 70,000 square feet of irrigated grounds and additional weed control only on an approximate 55,000 square foot gravel covered solar array at the San Dimas Technology and Development Center (SDTDC), herein SDTDC Campus. The contractor’s workforce shall perform services associated with grounds maintenance duties listed in the technical requirements of this performance work statement

(PWS).

The buildings and grounds are occupied by Government officials and employees and visited daily by many persons who are required to conduct business with the Government. The intent of the service is to provide a complete landscape maintenance service, without assistance or direction of the Government. The contractor shall furnish a clean, neat, safe, and professional appearance surrounding the buildings and adjacent areas, including areas in and around both parking lots, the photo-voltaic array and heli-port. For the protection of the buildings and equipment, and the facilitation of the business to be conducted therein, first-quality landscape maintenance will be required.

This work is being solicited as a performance-based service contract. Performance based means the Contractor is responsible for an end product. If an end product is not provided in compliance with the contract specifications, an adjustment to the payment will be made.

Place of Performance: USDA Forest Service, National Technology and Development Program, San Dimas Campus, 444 East Bonita Ave. San Dimas, CA 91773.

Description: The Contractor shall furnish all labor, materials, and equipment necessary to provide complete and continuous maintenance of all trees, shrubs, ground covers, lawn, vines, perennial plants, weed removal, and all other work connected hereto except as specifically excluded herein. The work shall include cleanup of sidewalks, adjoining parking areas and driveways, and patio areas. Minor sprinkler repair to ensure the viability of all trees, shrubs, ground covers, lawn, vines, and perennial plants is also included.

The work does not include maintenance of site lighting, buildings, fences, walls, or other outdoor structures.

Landscaping Maintenance Service Locations: All areas of Government property totaling approximately 70,000 square feet of irrigated ground and 55,000 square feet of gravel covered ground within the solar array. This includes parkway, courtyard and greenspace around the parking lots and buildings.

Schedule of Landscape Maintenance: The Contractor shall submit to the Contracting Officer’s Representative (COR) for approval, a work schedule showing how they propose to perform the work of the contract. This schedule shall contain a layout of all assignments and Contractors' monthly schedule for accomplishment of all work specified for performance of weekly, bi-weekly, monthly, and quarterly jobs. This plan shall be submitted for approval no later than 10 calendar days from notification of award. The plan shall be to eliminate any interference to the normal conduct of Government business. Tuesday or Wednesday between the hours of 8:00am and 4:00pm Pacific Time (PT) are the Government’s preferred days and times for landscaping work to be done.

Unscheduled Work for Landscaping Maintenance: The Contractor shall maintain each facility to the standards established in this contract which may require services at more frequent intervals. Other hours may be scheduled if required and approved by the Contracting Officer’s Representative (COR). Tasks designated by the specifications to be done on a specific schedule shall be completed by 6:00 a.m. PT of the following workday.

The Contractor is not required to provide service on Federal Holidays or any Presidentially designated Federal days off except in emergency situations.

The holidays are as follows:

• New Year’s Day, January 1*

• Birthday of Martin Luther King, Jr., third Monday in January

• Washington’s Birthday, third Monday in February

• Memorial Day, last Monday in May

• Independence Day, July 4*

• Labor Day, first Monday in September

• Columbus Day, second Monday in October

• Veteran’s Day, November 11*

• Thanksgiving Day, Fourth Thursday in November

• Christmas Day, December 25*

*First Monday after holiday if holiday/off day falls on Sunday or Friday before if holiday/off day falls on Saturday.

Emergency Service: On occasion the Contractor may be requested to perform corrective or emergency service(s) that are beyond the routine requests. The Contractor shall respond to these exceptional circumstances and begin the necessary work within one (1) working day after receipt of the request.

GENERAL TECHNICAL SPECIFICATIONS (Landscape Maintenance):

Lawn Care:

The Contractor shall use industry practices required to provide disease and pest-free grass having a well-groomed appearance. This work includes but is not limited to, mowing, fertilizing, irrigating, reporting of insects and disease, aerating, edging, trimming, and raking, policing, sweeping, pulling and eliminating weeds, removal of debris caused by wind and storm damage, and the removal of silt deposits caused by water runoff. The Contractor shall maintain the lawn in a healthy, growing condition by performing the following operations and other work incidental thereto.

1. Mowing

a. Lawns shall be mowed and edged once per week to maintain a neat appearance.

b. All lawn edges shall be trimmed after each cutting. Edging shall be done by means of a power-driven mechanical edger.

c. Trim around all sprinkler heads as necessary to provide maximum water coverage.

d. Take care to avoid damage to tree trunks, buildings, or sprinkler heads. Damage shall be reported to the COR and repairs promptly made by the Contractor.

2. Sprinklers

a. Lawn sprinklers are on automatic timers. The Contractor shall adjust the timing at the direction of the COR, but not more than weekly.

b. Contractor shall monitor sprinklers, as necessary, to insure all lawn areas are adequately covered.

3. Disease, Insect, and Weed Control

a. Inspect monthly for evidence of lawn disease or insects.

b. Treat and spray monthly, or as necessary, for lawn diseases or insects.

c. Weeds appearing in lawn areas and shrub beds shall be killed and removed by acceptable nursery practices before they exceed four (4) inches in height, spread, or their presence is noticeably detrimental to the appearance of the site, as determined by the COR. Chemical weed control will be allowed in these areas.

Weed control at the perimeter of parking lots or adjoining open areas shall be trimmed back a minimum of 4’ from the pavement edge. All weeds in island areas or strips between parking lots or streets shall also be controlled.

4. Fertilization

Lawns shall be fertilized in May, and October. Fertilizer shall be applied evenly with a hand spreader or equivalent, and in accordance with the manufacturer's recommendations.

5. Irrigation System

In October, January, April, and July the Contractor shall inspect all systems and report present damage or incorrect operation to the COR. The Contractor shall be responsible for operation of the automatic irrigation system and maintenance of sprinkler heads. Specifically, the Contractor shall:

a. In April or May, remove the last head from each system and flush the lines. Clean more frequently if required.

b. Make sure that no sprinkler heads are overgrown with planting so that lawns or ground covers interfere with their spray pattern.

c. Repair and replace any equipment damaged as a result of contract operations, at the Contractor's expense.

d. Damage not resulting from the Contractor's negligence shall be promptly reported to the COR.

6. Aeration and Renovation

a. All lawns shall be aerated as required to maintain good water penetration.

b. All lawn areas shall be properly cut back and seeded with winter rye grass in the fall season.

c. Depressions shall be brought level to grade with topsoil and reseeded as necessary.

Tree, Shrub, and Vine Care:

Contractor shall maintain all trees and shrubs in a healthy growing condition by performing the following operations and other work incidental thereto:

1. Watering: Water deeply and slowly to establish moisture to a minimum depth of twelve (12) inches, as necessary.

2. Tree Basins: Basins are to be maintained as constructed.

3. Pruning:

a. Pruning shall be directed toward maintaining the natural form of each specimen.

b. Prune lower limbs of trees which overhang walkways, driveways, and parking lots to ensure head clearance.

c. Prune shrubs during growth season by thinning out and shaping only. The following species have particular pruning specifications:

Pyracantha Coccinea Lelandi - branches shall be cut to leave lateral growth for new berrying.

Hymenosperum Flavum - prune out only weaker sprouts to let stronger branching take over.

Arbutus Unedo Compacts - prune out all suckers and keep trimmed back to form an open crown and emphasize basal structure.

Nandia Domestica - thin out by cutting out entire individual branches at the base of the shrub. DO NOT SHEAR.

d. Remove all dead and damaged branches back to a point of branching.

e. All cuts over one (1) inch in diameter are to be painted with tree wax or asphaltic sealers.

f. Only if directed, prune shrubs surrounding buildings so that shrubs maintain the same uniform height from the ground.

4. Staking and Guying: (Applies only to COR designated trees).

a. Maintain and replace stakes with equal material until trees and shrubs are capable of standing vertical and able to resist normal high winds. Stakes now broken or damaged shall be replaced. Government will provide stakes when notified of need.

b. Maintain and replace plant ties to support without chafing bark. All ties and guys on trees shall be frequently checked to avoid girdling of trees.

5. Disease and Insect Control:

a. Inspect monthly for evidence of disease or insects.

b. Treat and spray monthly or as necessary, for diseases or insects.

6. Fertilization: Trees, shrubs and vines are to be fertilized the same as stated above

Ground Cover, Flowers, and Delicate Plants:

Extra care shall be exercised when working with ground cover, flowers, and delicate plants.

1. Ground Cover:

a. Shall be weeded and trimmed monthly to produce neat appearance between plants, and around walls, fences, walks, curbs, and roads.

b. Flower beds shall be weeded, and plants cut and trimmed weekly to enhance appearance.

2. Disease and Insect Control:

a. Inspect weekly for evidence of disease or insects.

b. Treat and spray as necessary, for diseases or insects.

3. Weed Control: Weeds appearing in areas surrounding the parking lots, entrance roadway, PV Array, and heli-port, shall be removed at a minimum of monthly.

4. Fertilizer: Ground covers, perennials, and annuals shall be fertilized in May, and October with complete, organic, slow release commercial fertilizer. DO NOT use fertilizers such as 8-8-4 or ammonium sulfate. Fertilizer shall be applied evenly with a hand spreader or equivalent, in accordance with manufacturer's recommendations.

5. Ground Care: Soil in areas of new plantings shall be cultivated once a month to avoid accumulation of salt or minerals.

General Maintenance and Cleanup:

1. Contractor shall dispose of all clippings and cuttings in Government furnished containers or approved compost areas upon the completion of each service.

2. All planting areas shall be kept free of weeds, litter, and debris.

3. Sidewalks, sitting areas, driveways, and parking lots shall be cleaned of litter and debris during the weekly landscape service.

4. Contractor shall dispose of all litter and debris in Government furnished trash containers upon completion of each service.

Contractor-Furnished Property:

The Contractor shall furnish all necessary types of power equipment, hand tools, and other pieces of equipment required to maintain a first-class maintenance service. All materials shall be the best quality available and shall be furnished by the Contractor unless specified to be furnished by the Government. Commercial fertilizers, insecticides, and fungicides shall bear the manufacturer's label and guaranteed analysis.

1. Fertilizer - used on the lawn and ground cover shall be complete, organic, slow release, commercial fertilizer.

2. All fertilizers, insecticides, fungicides, herbicides and lawn seed shall be as follows:

a. For lawns, trees, shrubs, and/or ground cover areas - Scott, Ortho, Bandini, Kellogg, or equal.

3. Lawn seed for reseeding shall match existing lawn mixture.

Government Furnished Property/Equipment:

The Government will deliver to the Contractor the following listed materials, supplies, property, or services (hereinafter referred to as "Government Furnished Property") at the places and times specified below. The Contractor shall be liable for all loss or damage of such delivered Government Furnished Property until completion and final acceptance of work required under this contract.

1. The USDA - Forest Service will provide the following:

a. Electric power and water will be furnished by the Government at existing outlets for the Contractors' use to operate such equipment and perform such services as necessary in the conduct of his/her work. The Government will supply toilet facilities to the Contractor during the Centers' normal working hours (8:00 AM – 4:30 PM, Monday through Friday, excluding Holidays).

b. The Government will furnish a gate key, if necessary, to perform work on weekends and holidays. In such cases, the Contractor shall be responsible for the security of the buildings, grounds, and equipment.

Security:

The Contractor shall be responsible for safeguarding all Government property. At the end of each work period, all Government facilities, equipment and materials shall be secured.

All buildings have security systems that will automatically self-arm an audible alarm at 11:00 PM each weekday. The security alarm will be armed 24 hours per day on weekends and the following Federal Holidays: New Year’s Day, Martin Luther King Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving

Day, and Christmas Day. If the Contractor needs access to the facility during these hours, it will need to be scheduled in advance with the COR for a mutually convenient time.

Contractor's employees shall have photographic identification cards, visual at all times, while working at the SDTDC Campus (see Qualification and Conduct of Contractor’s Personnel section).

Qualifications & Conduct of Contractor Personnel:

Contractor personnel shall be easily recognized as contractor employees by use of appropriate uniform, shirts, or reasonable means. A roster of contractor personnel employed under this contract shall be provided to the administrative Contracting Officer (CO) and COR no later than ten (10) calendar days after contract award. This roster shall list employee names, current driver’s license number, duties assigned, and the shift/hours and days each employee is scheduled to work. The roster shall also show telephone numbers of the contract manager and/or alternates. Subsequent changes to these rosters shall be provided to the CO and COR two (2) weeks in advance of the contracted employee starting in order to allow review and approval by the CO and to set up building access for the contracted employees for non-Forest Service employee clearance.

All personnel working on site shall be fluent in speaking and understanding the English language and shall be able to read user instructions and warning labels on cleaning products.

The Government reserves the right to perform a security check on any employee working under this contract. In the performance of a security check, the Government may request additional information such as full names, social security numbers, addresses, and telephone numbers.

Failure to comply with this provision may be deemed a breach of this contract.

All work under this contract shall be performed in a skillful and professional manner. The Contracting Officer may, in writing, require the Contractor to remove from work any employee the Contracting Officer or COR deems to be incompetent, careless, or otherwise objectionable, or for theft, possession and/or removal of materials, supplies, equipment or any Government owned/furnished property.

The Contractor shall be responsible for maintaining satisfactory standards of employee safety, competency, conduct, appearance and integrity, and shall be responsible for taking such disciplinary action with respect to employees as necessary.

Contractor personnel shall report fires, hazardous conditions, and items in need of repair, such as entry point for rodent and other problems to the COR.

The Contractor shall instruct his/her employees in appropriate safety measures. The Contractor is responsible for training all employees in safety issues required by California Occupational Safety and Health Act and any other regulatory agency requirements.

The work shall be supervised by a competent foreman or owner who shall make himself/herself available in person at the job site for verbal discussions about the conduct of the work with the

Government representative. The supervising foreman or owner shall be fluent in the English language.

The Contractor shall establish a system for his/her employees to report fire, hazardous conditions, and items in need of repair or replacement to the Government representative.

Measurement and Payment:

Monthly payments will be made for landscape maintenance which have been satisfactorily provided during that month. Submit invoices for payment to the Invoice Processing Platform (IPP). Invoice will be reviewed and approved or rejected by the COR Rejected invoices must be corrected and resubmitted.

Contractor Quality Control:

The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to ensure contract standards are met.

Records of quality inspections shall be kept and made available to the Government throughout the performance period and for the period after contract completion until final settlement of any claims under this contract. The Contractor shall use their quality control program as submitted to ensure the requirements of the contract are provided as specified. The program includes, but is not limited to, the following:

(1) An inspection system covering all tasks. A checklist used in inspecting contract performance during regularly scheduled or unscheduled inspections. The checklist shall include every area of the Contractor’s services as well as every required task.

(2) A system for identifying and correcting deficiencies in the quality of services before the level of performance becomes unacceptable and/or the Government Inspectors point out the deficiencies.

(3) A file of all inspections conducted by the Contractor and the corrective action taken. The documentation shall be made available to the Government during the term of the contract.

Government Quality Assurance:

Quality assurance will be performed by the Government during the contract at regular intervals.

Methods may include visual survey and review of Contractor quality control documents.

Deduction for work may include rework at no cost to the Government or Government acceptance with price reduction. See Quality Assurance Surveillance Plan.

Work Reports:

At the conclusion of each service, the Contractor shall leave a Work Report with the COR or the front office receptionist. This report will indicate what work was completed on that visit.

Other:

Sanitary Facilities: The Contractor may use the Government sanitary facilities during the time of service being provided. It is required that the Contractor use these facilities in a responsible manner.

Government Furnished Utilities: The Government will furnish electrical and water utilities for the Contractor’s use during contract period so long as the Contractor uses these efficiently and economically. Damage to Contractors Property: The Government will not be responsible in any way for damage to the Contractor’s equipment or the Contractor’s employees’ personal belongings brought onto the Government premises during the performance of work and this contract.

Damage to Government Property: The contractor is responsible for repairing/ replacing any Government owned property or equipment damaged during carrying out the terms of this contract. Repairs/ replacement must be made to the satisfaction of the COR.

Safety: The contractor shall comply with all OSHA standards for employee safety. It is the contractor’s responsibility to ensure its employees are properly trained and equipped with personal protective equipment (PPE) for potential hazards. Please be aware that there may be Forest Service employees that may have medical situations that requiring medical supplies that may not be disposed of in SHARPS containers.

(End Section B)

Section C – Supplies or Services Prices

See “Schedule of Items”.

(End of Section C)

Section D – Description/specifications

All services to be completed in accordance with terms and conditions, Schedule of Items, Performance Work Statement, and associated documentation herein.

(End of Section D)

Section E – Packaging and Marking

All deliverables to be provided to the Contracting Officer’s Representative.

(End of Section E)

Section F – Inspection and Acceptance

Deliverables to be inspected by the Contracting Officer’s Representative or the Program Staff.

(End of Section F)

Section G – Deliverables or Performance

All deliverables to be provided in accordance with the terms and conditions, Schedule of Items, Performance Work Statement, and associated documentation herein.

(End of Section G)

Section H – Contract Administration Data

Contracting Officer: Contract Specialist:

Jason King Matthew Cox 201 14th Street, SW 5785 Hwy 10 W Washington, DC 20024 Missoula, MT 59808 jason.king@usda.gov matthew.cox2@usda.gov 703-605-5309 406-829-6767

COR: Secondary COR:

Richard Martin Julie Pak 444 East Bonita Avenue 444 East Bonita Avenue San Dimas, CA 91773 San Dimas, CA 91773 richard.a.martin@usda.gov Julie.pak@usda.gov 909-929-7105 909-929-7071

(End of Section H)

Section I – Special Contract Requirements

Invoicing.

All invoices shall be provided to the Government via the Invoice Processing Platform found at mailto:jason.king@usda.gov mailto:matthew.cox2@usda.gov mailto:richard.a.martin@usda.gov mailto:Julie.pak@usda.gov https://www.ipp.fms.treas.gov/. Invoices shall be submitted no more than monthly. Invoices shall provide a clear understanding of the work performed in the previous billing period and shall contain enough documentation to justify the price billed for that period.

Upon award of a contract, Contractors will be enrolled automatically. Contractor will subsequently receive electronic notification from IPP of enrollment. IPP password will be delivered electronically to allow first login to IPP. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

(End of Section I)

Section J - Contract Clauses

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (MAY 2019)

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L.

115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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.)

[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 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 (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 (OCT 2018) (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

(OCT 2018) (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 (JUN 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 (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

[ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (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 (AUG 2018) 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 (JAN 2017) (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) 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 (JUL 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 (JUN 2003) (E.O. 11755).

[X] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2018) (E.O.

13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

[ ] (ii) Alternate I (FEB 1999) of 52.222-26.

[ ] (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[ ] (ii) Alternate I (JUL 2014) of 52.222-35.

[X] (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C.

793).

[ ] (ii) Alternate I (JUL 2014) of 52.222-36.

[ ] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[ ] (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 (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (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.)

[ ] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPADesignated 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 (JUN 2016) (E.O. 13693).

[ ](37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 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®-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)

[ ] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[ ] (44) 52.223-21, Foams (JUN 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.

[X] (46) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).

[X] (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 (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 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).

[ ] (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

(OCT 2018) (31 U.S.C. 3332).

[ ] (56) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 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)(13)).

[ ] (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.

[ ] (iii) Alternate II (FEB 2006) 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 (AUG 2018) (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) (AUG 2018) (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).

[X] (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).

(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) of this paragraph 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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L.

115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (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.

(v) 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.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii) [ ] (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 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).

(xxi) 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.

(xxii) 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)

52.217-9 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; 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)

52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) Funds are not presently available for performance under this contract beyond September 30 of each year. The Government's obligation for performance of this contract beyond that date 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 for performance under this contract beyond September 30 for each year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address:

https://www.acquisition.gov/

52.203-3 Gratuities. (APR 1984)

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

52.212-4 Contract Terms and Conditions-Commercial Items (OCT 2018)

52.217-8 Option to Extend Services (NOV 1999)

52.219-6 Notice of Total Small Business Set-Aside (DEVIATION 2019-01)

52.232-18 Availibility of Funds (APR 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.236-7 Permits and Responsibilities (NOV 1991)

452.224-70 Confidentiality of Information. (FEB 1988)

452.237-75 Restrictions Against Disclosure. (FEB 1988)

452.237-78 Contracts with Consulting Firms for Services. (FEB 1988)

452.247-72 Packing for Domestic Shipment (FEB 1988) https://www.acquisition.gov/

452.246-70 Inspection and Acceptance. (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at:

National Technology & Development Program, San Dimas Campus 444 E. Bonita Ave.

San Dimas, CA 91773

452.211-75 Effective Period of the Contract (FEB 1988) The effective period of this contract is from date of award through 5 years and 6 months if FAR 52.217-8 Option to Extend Services (NOV 1999) is exercised.

Base Year: Date of Award (March 1, 2020) through February 28, 2021 Option Year One: March 1, 2021 through February 28, 2022 Option Year Two: March 1, 2022 through February 28, 2023 Option Year Three: March 1, 2023 through February 28, 2024 Option Year Four: March 1, 2024 through February 29, 2025

452.247-70 Delivery Location. (FEB 1988) Shipment of deliverable items, other than reports, shall be to:

National Technology & Development Program, San Dimas Campus

452.247-71 MARKING DELIVERABLES (FEB 1988)

(a) The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract.

(b) Mark deliverables, except reports, for:

National Technology & Development Program, San Dimas Campus

(End of Section I)

Section J - Contract Provisions

52.216-1 Type of Contract (APR 1984) The Government contemplates award of a FIRM-FIXED-PRICED contract resulting from this solicitation.

(End of Provision)

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations -http://www.usda.gov/procurement/policy/agar.html.

52.2…