1240BF21Q0009 GRD SRD Outhouse Cleaning.pdf

PDF 383 KB Posted

Attached to
Glacier Ranger District and Seward Ranger District Outhouse Cleaning
Solicitation number
1240BF21Q0009
Issued by

View the file

Other files

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

1240BF21Q0009 – GRD & SRD Outhouse Cleaning

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, FAR Subpart 13 and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued as a Request for Quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-01.

(iv) This procurement is set aside for Small Business. The NAICS code is 561720 and the Small Business Size Standard is $7.5 Million.

(v) Schedule of Items/Price Schedule

BASE ITEM

Period of Performance – 02/01/2021 to 05/24/2021 GRD Turnagain Sites ONLY

Item

Description - Schedule of Supplies/Services

QTY

Unit

Price

Total Line Item Price/Amount

Cleaning Services for 4 Units – Turnagain Pass

• For specifications see Standard of Work:

TABLE 1.

• For location and cleaning intervals see

TABLE 2.

20 Week $

Pressure Washing 4 Units – Turnagain Pass

• For specifications see Standard of Work:

TABLE 1.

• For location and cleaning intervals see

TABLE 2.

7 Week $

TOTAL PRICE:

OPTION ITEMS

Period of Performance – 05/24/2021 to 09/30/2021 GRD & SRD All Sites

Item

Description - Schedule of Supplies/Services

QTY

Price

Total Line Item Price/Amount

Cleaning Services and Pressure Washing:

22 Units

• For specifications see Standard of Work:

TABLE 1.

• For locations and cleaning intervals see

TABLE 2 & TABLE 3.

14 Week $

Cleaning Services and Pressure Washing:

18 Units

• For specifications see Standard of Work:

TABLE 1.

• For locations and cleaning intervals see

TABLE 2 & TABLE 3.

4 Week $

TOTAL PRICE:

(vi) Description of Requirement:

This is a firm fixed price contract on the USDA Forest Service Chugach National Forest, Glacier Ranger District and Seward Ranger District for restroom, outhouse, and/or portable toilet facility cleaning and stocking work. Due to the current COVID-19 situation, seasonal staff who would normally conduct this work are limited for the foreseeable future. This contract work will help to ensure proper safeguarding practices are maintained to continue offering clean outhouse services for public use. Contractor must adhere to all CDC, EPA, NPIC, or other applicable protocols and guidance.

Standard of Work: Table 1

Performance Standard Minimum acceptable level Disincentive Method of

Surveillance Incentive

GRD winter months shoveling & ice chipping in front of doors of unlocked outhouses.

Doors can open for public access and use of outhouse facilities.

Re-work within 24 hours of notification.

Random inspection or customer complaints

Full payment Fully successful performance evaluation

Disinfecting of toilets (risers, covers, seats) to COVID19 remediation levels.

No visible dirt, dust, or other foreign material.

All contaminable surfaces and items located in or on a facility that may be contaminated are wetted

Re-work within 24 hours of notification.

Random inspection or customer complaints

Full payment Fully successful performance evaluation with disinfectant during each visit.

Building floors (sweep/cleaned/disinfected ) to COVID19 remediation levels.

No visible dirt, or other foreign material customer complaints

Full payment Fully successful performance evaluation

Level of supplies furnished Reasonable amount of toilet paper available.

Do not overstock toilet paper. Rolls fall in vault and causes issues for pumping.

customer complaints

Full payment Fully successful performance evaluation

Litter/trash removal No visible trash or litter within the facility, or within 6 feet of the exterior.

customer complaints

Full payment Fully successful performance evaluation

Pressure Washing All interior surfaces and walls, exterior walls, concrete pads.

customer complaints

Full payment Fully successful performance evaluation

Glacier Ranger District Locations: Table 2

Location and Cleaning Intervals

FS SITE LOCATION:

See attached maps

# UNITS

Turnagain Pass Restrooms: 02/01-05/24 4 Units serviced and restocked once per week:

Contact Forest Service staff 1 day prior to scheduled cleaning to ensure parking lots have been plowed and units are accessible during winter/snow months.

Pressure wash units 1 time per week if temperature remains above freezing: projected start 04/01 or 05/01 and continue through 09/30.

MP 68 & MP 68.5 Seward Highway

4 Units:

Turnagain Pass Restrooms: 05/24-07/31 8 Units serviced and restocked seven times per week:

Pressure wash units 1 time per week.

MP 68 & MP 68.5 Seward Highway

8 Units:

Turnagain Pass Restrooms: 08/01-09/30 4 Units serviced and restocked four times per week:

08/01-09/30.

Pressure wash unit 1 time per week.

MP 68 & MP 68.5 Seward Highway

4 Units:

All remaining sites period of performance: 05/24-09/30

Crow Pass Trailhead:

Unit serviced and restocked twice a week no less than 3 days apart and no more than 4 days apart. Pressure wash unit 1 time per week.

MP 7 Crow Road 1 Units

Winner Creek Trailhead:

Unit serviced and restocked twice a week no less than 3 days apart and no more than 4 days apart. Pressure wash unit 1 time per week.

MP 3 Crow Road 1 Units

Moose Flats Trailhead:

Unit serviced and restocked twice a week no less than 3 days apart and no more than 4 days apart. Pressure wash unit 1 time per week.

MP 1 Portage Glacier Highway

2 Units

Seward Ranger District Outhouse Locations: Table 3

Location and Cleaning Intervals

FS SITE LOCATION

See attached maps

# UNITS

Resurrection River Trailhead:

Unit serviced and restocked twice a week no less than 3 days apart and no more than 4 days apart.

Pressure wash unit 1 time per week.

Herman Leir Road (Exit Glacier) 9 mile

1 Unit

Lost Lake Trailhead:

Unit serviced and restocked once a week no less than 6 days apart and no more than 7 days apart. Pressure wash unit one time every two weeks.

MP 5 Seward Hwy 1 Unit

Primrose Boat Launch:

Unit serviced and restocked twice a week no less than 3 days apart and no more than 4 days apart. Pressure wash unit 1 time per week.

MP 18 Seward Hwy, end of Primrose Rd

1 Unit

Ptarmigan Trailhead:

Unit serviced and restocked twice a week no less than 3 days apart and no more than 4 days apart. Pressure wash unit 1 time per week.

MP 23 Seward Hwy 2 Units

Portage Restrooms:

Unit serviced and restocked twice a week no less than 3 days apart and no more than 4 days apart. Pressure wash unit 1 time per week.

MP 5.5 Portage Glacier Highway

2 Units

Johnson Pass Trailhead:

Unit serviced and restocked twice a week no less than 3 days apart and no more than 4 days apart. Pressure wash unit 1 time per week.

MP 64 Seward Highway 1 Units

TOTAL UNITS: 11-15

Johnson South Trailhead:

Unit serviced and restocked twice a week no less than 3 days apart and no more than 4 days apart. Pressure wash unit 1 time per week.

MP 32 Seward Hwy. 1 Unit

Carter Lake Trailhead:

Unit serviced and restocked twice a week no less than 3 days apart and no more than 4 days apart. Pressure wash unit 1 time per week.

MP 32 Seward Hwy 1 Unit

Devil's Creek Trailhead:

Unit serviced and restocked twice a week no less than 3 days apart and no more than 4 days apart. Pressure wash unit 1 time per week.

MP 40 Seward Hwy 1 Unit

Hope Point/Gull Rock Trailhead:

Unit serviced and restocked twice a week no less than 3 days apart and no more than 4 days apart. Pressure wash unit 1 time per week.

MP 15 Hope Hwy 1 Unit

Resurrection North Trailhead:

Unit serviced and restocked twice a week no less than 3 days apart and no more than 4 days apart. Pressure wash unit 1 time per week.

Resurrection Creek Road (4 miles north of Hope)

1 Unit

Resurrection Mining Site Area:

Unit serviced and restocked twice a week no less than 3 days apart and no more than 4 days apart. Pressure wash unit 1 time per week.

Resurrection Creek Road (4 miles north of Hope)

1 Unit

Couer D Alane Campground:

Unit serviced and restocked twice a week no less than 3 days apart and no more than 4 days apart. Pressure wash unit 1 time per week.

MP 7 Palmer Creek Rd Hope 1 Unit

Resurrection South Trailhead:

Unit serviced and restocked twice a week no less than 3 days apart and no more than 4 days apart. Pressure wash unit 1 time per week.

MP 54 Sterling Highway 1 Unit

Quartz Creek Beach Day Use:

Unit serviced and restocked twice a week no less than 3 days apart and no more than 4 days apart. Pressure wash unit 1 time per week.

Williams Road 2 miles S of Quartz Creek Campground

1 Unit

Crescent Creek Trailhead:

Unit serviced and restocked twice a week no less than 3 days apart and no more than 4 days apart. Pressure wash unit 1 time per week.

Quartz Creek Road 4 miles end of road

1 Unit

Tern Lake Day Use Area:

Units serviced and restocked three times a week no less than 2 days apart and no more than 3 days apart.

Pressure wash unit one time each week.

MP 37 Sterling Highway, Near Seward Hwy Intersection

2 Units

TOTAL UNITS: 17

Period of Performance:

The effective period of this contract is from February 1st, 2021 through September 30th, 2021.

Winter cleaning for ONLY unlocked GRD Turnagain sites from February 1st, 2021 through May 24th, 2021.

Summer cleaning for all GRD and SRD locations from June 1st, 2021 through September 30th, 2021. Except Turnagain location which reduces units from eight (8) to four (4) from 08/01-09/30

General Requirements:

A. Personnel:

All personnel engaged in cleaning and disinfecting USDA/Forest Service facilities must be well qualified to accomplish the work anticipated for this Contract. This includes receiving any necessary training, certifications, and testing, as required, for completing COVID-19 disinfecting efforts. All personnel must comply with State of Alaska Health Mandates, available at:

https://covid19.alaska.gov ; it is the responsibility of the contractor to actively manage personnel’s compliant with all local, federal and state health mandates.

B. Cleaning Supplies:

All products on this list meet EPA’s criteria for use against SARS-CoV-2, the virus that causes COVID-19. See EPA guidance on acceptable cleaning supplies: “List N: Disinfectants for Use https://covid19.alaska.gov/ https://www.epa.gov/coronavirus/how-does-epa-know-products-list-n-work-sars-cov-2

Against SARS-CoV-2 (COVID-19)” accessed at: https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2-covid-19

C. Training:

The Contractor is responsible for all training for its employees, and for providing a safe working environment to its employees.

D. Supplies:

The minimum supplies required are detergents and/or soaps compatible with the surfaces being cleaned, and disinfectant products either registered by the Environmental Protection Agency (EPA) as effective against emerging infectious agents or equivalent products containing the same active ingredient(s) in similar or greater concentration levels as those listed by EPA. In performing the contract, the Contractor shall use only the proposed cleaning and disinfectant products in accordance with the manufacturer’s directions, and the Contractor shall disinfect all solid, high contact surfaces in the affected area(s) using the approved disinfectant.

E. Safety:

Contractors are subject to all applicable State and Federal OSHA rules and regulations as well as the CDC guidelines listed previously. All equipment furnished by the contractor necessary to accomplish work under this contract must meet all applicable OSHA standards. Contractor shall not use any unsafe equipment or any equipment in need of repair. It shall be the responsibility of the Contractor to prevent the operation or attempted operation of all types of equipment which used for cleaning services.

D. Personal Protective Equipment (PPE):

(a) The contractor will train all workers in the safe operation and use of PPE.

(b) PPE, including PPE for eyes, face, head and extremities, shall be provided by the contractor at no cost to the employee. This PPE will be used and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

Defective, expired, or damaged PPE shall not be used

E. Hazardous Materials:

If hazardous materials will be used in the performance of this contract, as defined in FAR Subpart 23.301, the Contractor shall provide a Safety Data Sheet to the designated Contracting Officer Representative (COR) prior to beginning contract work. The Contractor shall not use any chemical that may harm, cause damage to Government property or endanger the health and safety of any person in the area. Contractor will be responsible for damage as a result of the https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2-covid-19 https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2-covid-19 misuse of chemicals. Provide adequate advance notice when using products that may produce noxious fumes, or posted notice when performing work that would impact daily operations.

F. Security:

The Contractor shall protect Government property, buildings, and equipment from unauthorized access, loss or damage. The Contractor shall ensure that all keys issued by the Government are kept secure and not used by unauthorized persons. Government-issued keys shall not be duplicated. The Contractor shall reimburse the Government for replacement of locks or re-keying as a result of Contractor loss or negligence.

G. Government Furnished Property:

The Government will provide the following item(s) of Government property to the Contractor, for the use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with provisions of FAR clause 52.245-1, “Property Records,” hereby incorporated by reference, into the contract, in accordance with FAR clause 52.252-2, “Clauses Incorporated by Reference”, found herein.

Item No. Property Description Qty Location Date Available

001 Keys to access building and dispensers As needed Glacier Ranger District Office

As needed

002 Toilet Paper As needed Glacier Ranger District Office

As needed

003 Keys to access building and dispensers As needed Seward Ranger District Office

As needed

004 Toilet Paper As needed Seward Ranger District Office

As needed

Forest Service points of contact regarding work and issuance of government property:

• GRD: Graham Predeger, 907-754-2352 SRD:

• Jesse Labenski, 907-288-7701

H. The Contractor shall furnish all labor, materials, equipment, supervision and transportation to perform all work listed on the schedule of supplies/services.

I. The following attachments are incorporated into the contract:

Attachment 1 Service Contract Act 15-5685 14 Pages Map of GRD Outhouse Locations 4 Pages Map of SRD Outhouse Locations 3 Pages

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location

Services will be accepted at SRD and GRD locations by either the Government Technical Monitor or the Contracting Officers Representative.

(viii) 52.212-1 Instructions to Offerors – Commercial Items (JUN 2020) (Provision) Addenda to paragraph 52.212-1(b) Submission of Offers:

1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/

2) Offers submitted in response to this solicitation shall include a technical proposal, a price proposal, and contractor representations and certifications.

A. Experience and Capability:

I. Describe iyour experience providing services similar in size, scope, and complexity to the requirements listed in Standards of Work. Projects must have been completed by the organization, as either a prime or subcontractor, and can be the same or different projects as provided under past performance.

The most relevant indicators of experience are contracts for cleaning and disinfecting restroom and toilet facilities. Please specify if the Quoter has experience in COVID-19 remediation and mitigation, and working knowledge of CDC, EPA, and other guidance regarding COVID-19 cleaning and disinfection.

II. Submit a safety plan that addresses COVID-19 practices and social distancing for employees performing services under this contract. Describe your efforts to adaptively comply with current and future Federal, State or Local COVID- 19 Health Mandates. How do you intend to comply with existing requirements and maintain flexibility to comply with changes as they occur.

Information to support evaluation of this factor may include a copy of your company’s safety plan (including response to COVID-19) and, if travel is anticipated, a copy of your travel plan or protocol (indicate whether the plan is a draft or whether the plan has already been submitted) for maintaining critical infrastructure as required by local, State, and Federal Health Mandates.

B. Qualifications: Describe how staff will be trained in current blood-borne pathogens requirements, as defined by OSHA (29 C.F.R. 1910.1030). The contractor shall submit proof of or explination of how training will be administered for owner/operator and/or employees prior to performance.

C. Proposed Supplies to be used: Submit a list of all proposed disinfectants, that will be used, and also describe how the product will be used, including identifying which surface the product will be used to disinfected

D. Past Performance: Provide up to three of the most recent and relevant contracts, or subcontracts (Past Performance references), for efforts similar to the work in this RFQ. One of the three past performances may be submitted for a proposed subcontractor, but the total number of Past Performance summaries provided must not https://www.sam.gov/SAM/ exceed three. The most relevant indicators of performance are contracts for cleaning and disinfecting restroom and toilet facilities.

For each Past Performance references provide:

a) Project Name

b) Primary location(s) of work

c) Period of performance

d) Dollar value

e) Contract type, i.e., fixed-price, cost reimbursement, etc.

f) Customer contact infromation, including the name, title, phone number, and email address of each

g) Scope of work or complexity/diversity of tasks

h) Relevancy of the work to this RFQ.

i) If extraordinary problems impacted any of the referenced contracts, provide a short explanation and the corrective action taken.

E. Price: Include the following: 1) the completed price schedule contained in section v of this solicitation, 2) Acknowledge any amendments issued on beta.sam.gov for this solicitation by completing and signing the posted SF-30, 3.) Representations and Certifications – Fill in the check boxes for provisions 52.204-24, 52.209-7, 52.212-3, and Employment of Eligible Workers-Workforce Certification found in this solicitation. Copy and paste the completed provisions onto your company letterhead and include your DUNS number.

4) Submit offer by email to john.wright2@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Technical Proposal, Price Proposal, and Representations and Certifications) in Microsoft Word or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer from john.wright2@usda.gov .

5) Address questions about this solicitation to John Wright at john.wright2@usda.gov .

(ix) 52.212-2 Evaluation – Commercial Items (OCT 2014) (Provision)

Evaluation of quotes will be conducted using Simplified Acquisition Procedures in accordance with 13.106-2 Evaluation of Quotes. The Government intends to award one contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation represents the best value to the Government. Evaluation Criteria are as follows:

A. Experience and Capability:

When evaluating Experience and Capability, the government will assess the contractor’s capability to perform the required work within the required period of performance. The government may use information contained in the quote/proposal or information known to or mailto:john.wright2@usda.gov mailto:john.wright2@usda.gov mailto:john.wright2@usda.gov obtained by government representatives even if it is not included in the quote. Experience that is more relevant to this requirement (meaning experience directly related to the tasks to be performed, including cleaning and disinfecting restroom and toilet facilities), is considered more valuable than experience that is less relevant. The Government will assess the degree to which company plans meet the requirements of local, state, and Federal Health Mandates in both an adaptive and practicable manner.

B. Qualifications:

When evaluating Qualifications, the government well assess the contractor’s capability to conform with training requirements, as defined by OSHA (29 C.F.R. 1910.1030), required during the period of performance.

C. Proposed Supplies to be Used:

When evaluating Proposed Supplies to be Used, the government will assess the contractor’s list of proposed supplies.

D. Past Performance:

When evaluating past performance, the government will assess the Quoter’s ability to successfully perform the work based on its past history of performance. This includes an assessment of the following:

(a) Ability to meet the contract specifications.

(b) Conformance to standards of good workmanship.

(c) Commitment to customer satisfaction.

(d) History of reasonable and cooperative behavior.

(e) Compliance with schedules.

(f) Reliability and responsiveness.

Past performance will be evaluated on the basis of information provided by the quoter (e.g.

contacting references submitted with your quote) and other sources including information in the Government Wide Past Performance Information Retrieval System (PPIRS) or the Government’s personal experience with your firm.

Where there is little or no information available regarding the quoter’s past performance history because the quoter is new to the marketplace, the past performance evaluation may take into account information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the work. When no information is available, the quoter will not be evaluated favorably or unfavorably on past performance.

E. Price:

When evaluating this factor, the Government will evaluate price for reasonableness in accordance with FAR 13.106-3(a). The Government reserves the right to reject any quote that includes any assumption that adversely impacts the Government’s requirements.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(x) 52.212-3 Offeror Representations and Certifications – Commercial Items (NOV 2020) (DEVIATION JUL 2020) (Provision)

If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:

(b)(1)Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2)The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(xi) 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876

Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in

DEVIATION 2017-1 (AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (NOV 2020) (DEVIATION JUL 2020)

(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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws

108-77 and 108-78 (19 U.S.C. 3805note)).

(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 (June 2020), 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 (Jun 2020) (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 (Jun 2020) (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. (Jun 2020) (31 U.S.C. 6101note).

__ (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 (Mar 2020) (15 U.S.C.657a).

[Contracting Officer check as appropriate.] _ By the end of the base term of the contract and then by the end of each subsequent option period; or _ By the end of the performance period for each order issued under the contract.

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C.

644).

__ (ii) Alternate I (Mar 2020) 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 (Jun 2020) (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 (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13 __ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

[Contracting Officer check as appropriate.] _ By the end of the base term of the contract and then by the end of each subsequent option period; or _ By the end of the performance period for each order issued under the contract.

__ (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 (Mar 2020) (15 U.S.C. 657f).

[Contracting Officer check as appropriate.] _ By the end of the base term of the contract and then by the end of each subsequent option period; or _ By the end of the performance period for each order issued under the contract.

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

[Contracting Officer check as appropriate.] _ By the end of the base term of the contract and then by the end of each subsequent option period; or _ By the end of the performance period for each order issued under the contract.

__ (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 (Mar 2020) (15 U.S.C. 637(m)).

[Contracting Officer check as appropriate.] _ By the end of the base term of the contract and then by the end of each subsequent option period; or _ By the end of the performance period for each order issued under the contract.

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)

(DEVIATION JUL 2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (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.

__ (41) (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.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (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_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

_X_ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (DEVIATION JUL 2020) (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, 19 U.S.C. chapter 29 (sections 4501-4732), 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) (ii) Alternate II (May 2014) (DEVIATION JUL 2020) of 52.225-3.

__ (iv) (iii) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C.

2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 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).

__ (52) 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).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

__ (63) (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.] _X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

Janitor $21.37 / $4.18

__ (3) 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).

__ (4) 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).

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

__ (5) 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).

__ (6) 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_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (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, as defined in FAR 2.101, on the date of award of this contract, 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 (Jun 2020) (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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (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 (Oct 2020) (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 (Nov 2020).

(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 (Jun 2020) (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.

(xiii) Additional Requirements/Terms and Conditions

52.204-7 System for Award Management (OCT 2018) (Provision)

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

52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) (Provision)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It ☐will, ☐will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this…

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated .