1240BK24Q0024 Combined Synopsis Solicitation.pdf

Combined Synopsis/Solicitation for Commercial Products and/or Commercial Services Umpqua NF, Tiller Ranger District Janitorial Services

This is a combined synopsis/solicitation for commercial products and/or commercial services prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The combined synopsis/solicitation number is 1240BK25Q0024 and is issue as a Request for Quotation (RFQ) to establish a Firm-Fixed-Price contract.

The combined synopsis/solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2025-03, effective January 17, 2025.

This procurement is a Total Small Business Set-Aside. In accordance with FAR Clause 52.219-6, Notice of Total Small Business Set-Aside. Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

The associated North American Industrial Classification System (NAICS) code for this procurement is 561720, Janitorial Services. The NAICS Code was identified through a review of the U.S. Census Bureau’s website where Administrative and Support and Waste Management and Remediation Services was listed as a corresponding index category. The small business size standard is $22 million.

Contract Line Item Number (CLIN) Structure: Refer to Schedule of Items and Price Sheet (Attachment 2).

Description of Requirement: The Contractor shall provide all labor, supervision, management, tools, materials, equipment, facilities, transportation, and other items and non-personal services necessary to provide janitorial services as described in the Performance Work Statement (Attachment 1).

Period of Performance (POP): The period of performance shall be for 1 Base Period of 12-months and 4 Option Periods of 12-months each. Below is the estimated POP.

Period POP Start Date POP End Date Base Period Date of Award April 30, 2026 Option Period 1 May 1, 2026 April 30, 2027 Option Period 2 May 1, 2027 April 30, 2028 Option Period 3 May 1, 2028 April 30, 2029 Option Period 4 May 1, 2029 April 30, 2030

Location: Umpqua National Forest, Tiller Ranger District, 27812 Tiller-Trail Hwy, Tiller, Oregon 97484

PRE-QUOTE SITE VISIT:

Two dates are available: Tuesday, April 8 and Thursday, April 10, at 2 pm PST.

RSVP for Pre-quote Site Visit Contact: Amy Rusk, by writing to email address: amy.rusk@usda.gov. When you RSVP, provide: your company name, identify if Prime or Sub-contractor, attendee’s full name and email address.

Address: Umpqua National Forest, Tiller Ranger District, 27812 Tiller-Trail Hwy, Tiller, Oregon 97484

FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(SEP 2023)

ADDENDUM to FAR 52.212-1(b), Submission of Offers:

(12) Offerors must have an active entity registration in the System for Award Management

(https://www.sam.gov/SAM/) in order to submit an offer. Contractors with “Inactive” status will be considered non-responsive.

(13) Offerors shall ensure that all representations and certifications are up-to-date in SAM.gov at time of offer submission. A completed copy of the representations and certifications at FAR 52.212-3 shall be submitted with the offer.

mailto:amy.rusk@usda.gov https://www.sam.gov/SAM/

(14) Offers submitted in response to this solicitation shall include, technical capability information, past performance biobased products use, and pricing.

(i) FACTOR I – TECHNICAL CAPABILITY. Provide an offer demonstrating your firm’s capability to provide the services required in the Performance Work Statement (Attachment 1). Address the following criteria:

(A) Sub-Factor 1 – Service Plan. In general terms, describe the method, or combination of methods to be utilized to accomplish all the work, demonstrating compliance with the period of performance required in Attachment 1. Include how each task will be accomplished, work rate, starting and ending point, and number of employees to be appointed. Provide a listing of your in-house capabilities and the tasks you intend to subcontract. The technical evaluation considers those performing the janitorial services on site as well as those administering the contract. Explain who (by individual’s name) will perform the janitorial duties and who will perform supervision/inspection, their skill level, and classification. Identify the number of years of experience each person has that is assigned to this project. Background investigations are required for contractor employees and sub-contractors on site. They must have computer access and sufficient computer experience to complete online training and the online investigation forms.

(B) Sub-Factor 2 – Quality Control Plan (QCP) Offerors shall submit a sample QCP (as described in the PWS 1.1.10) specific to the Tiller Janitorial objectives, showing how they intend to meet Government performance standards for each task and subtasks.

The QCP should recognize the responsibility of the Contractor to carry out its quality control obligations and contain measurable inspection and acceptance criteria corresponding to the Performance Work Statement (Attachment 1). The QCP should focus on the level of performance required by the PWS, rather than the methodology used by the contractor to achieve that level of performance.

For the purposes of this evaluation, the QCP shall address, at minimum, the following:

1. How quality will be monitored to ensure performance standards are met.

2. How the work will be supervised.

3. Identify the personnel responsible for performing quality control.

4. Identify how results of weekly monitoring and quality performance checks by contractor shall be relayed to the COR.

5. A sample Checklist (as described in the PWS 1.1.12) for the Tiller janitorial

(C) Sub-Factor 3 – Equipment/Materials List. Submit a list of all the equipment/materials to be utilized to accomplish all the work required in Attachment 1.

(D) Sub-Factor 4 – Use of Biobased Products. Offeror shall describe current or past performance experience with the use of biobased products. For the purposes of this contract, include a list of products intended for use on Tiller Ranger District Janitorial. Identify each product’s biobased potent percentage and the product’s intended use.

(ii) FACTOR II – PAST PERFORMANCE. The Past Performance evaluation will be accomplished by reviewing aspects of an Offeror's recent and relevant Past Performance, focusing on and targeting performance which is relevant to the effort as it directly relates to the services and/or products being procured under this solicitation and as defined in Addendum to FAR 52.212-2 Evaluation – Commercial Products and Commercial Services.

(A) Past Performance information described herein is required on the offeror and all sub-contractors, teaming partners, and/or joint venture partners proposed to perform 15% of the proposed effort based on the total proposed price.

(B) Relevant Past Performance. The offeror shall include documentation regarding their relevant past performance as it directly relates to the services and/or products being procured under this solicitation. The offeror SHALL NOT go back any farther than 3 years for the submitted data. The past performance data shall document a successful history of past contract performance.

1. Submit a short narrative providing details of the experience the firm has (either as a prime or sub-contractor) performing services and/or providing products similar in nature, size, complexity, scope, and geographical conditions. Provide contract number, title, total contract value, period of performance, location, contract role (prime or sub-contractor). Offerors may include photos or other information related to experience and capability – including contact information for each project.

(C) In conducting the Past Performance evaluation, the Government reserves the right to use both the information provided in the offeror’s Past Performance submission and information obtained from other sources, such as the Past Performance Information Retrieval System (PPIRS) or similar systems, The Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov, and commercial sources. Offerors are reminded that both independent data and data provided by offerors in their offers may be used by the Government to evaluate offeror past performance. However, the burden of providing thorough, complete, and current past performance information as requested in this paragraph remains with the offerors. Offers that do not contain the information requested by this paragraph risk receiving an unacceptable performance rating by the Government. The overall past performance evaluation is a subjective decision based on the whole of all data received. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

(D) Submission Requirements. The offeror shall provide documentation outlining the offeror’s past performance with contracts, as a prime or major sub-contractor, which is the same or similar in nature, size, and complexity to the services and/or products being procured under this solicitation.

The submittal shall include rationale supporting your assertion of relevance and how it was determined that the services performed and/or products provided previously were the same or similar in nature, size, and complexity to the services and/or products specified by this solicitation.

(iii) FACTOR III – PRICE. Offerors shall complete and submit Attachment 2 – Schedule of Items and Price

Sheet.

(15) A site visit has been scheduled. Offerors are encouraged to conduct a site visit to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. This research is at the offerors own expense and is not reimbursable by the government.

(16) Questions concerning this solicitation shall be submitted electronically via email to paula.winningham@usda.gov no later than Thursday, April 9, 2025 at 2:00 PM (PST).

(17) Answers to offerors questions will be posted in SAM.gov no later than Friday, April 11, 2025 at 2:00 PM

(PST)

(18) All amendments to the solicitation will be posted in SAM.gov. Acknowledge receipt and understanding of all amendments to this solicitation by sending the signed amendment(s) to paula.winningham@usda.gov. In the email include the solicitation and amendment number.

(19) Offers shall be submitted electronically via email to paula.winningham@usda.gov no later than

Thursday, April 17, 2024 at 2:00 PM (PST). Offerors shall ensure offers are delivered into this inbox by the due date and time.

Emails should contain 3 separate attachments:

1) Technical Capability (in Microsoft Word or PDF format),

2) Past Performance (in PDF format), and

3) Price Using Attachment 2 - Schedule of Items (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.

(20) The Government reserves the right to require the submission of Other Than Certified Cost or Pricing Data as is deemed necessary to arrive at a fair and reasonable price.

https://www.cpars.gov/ mailto:paula.winningham@usda.gov mailto:paula.winningham@usda.gov mailto:paula.winningham@usda.gov

ADDENDUM to FAR 52.212-1(f), Late Submissions, Modifications, Revisions, and Withdrawals of Offers:

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition.

(End of Provision)

FAR 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a Firm-Fixed Price contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) FACTOR I – Technical Capability

(A) Sub-Factor 1 – Service Plan

(B) Sub-Factor 2 – Quality Control Program (QCP)

(C) Sub-Factor 3 – Equipment/Materials List

(D) Sub-Factor 4 – Use of Biobased Products

(ii) FACTOR II – Past Performance

(iii) FACTOR III – Price

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(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.

ADDENDUM to FAR 52.212-2:

(d) BASIS FOR CONTRACT AWARD

(i) The source selection will be conducted in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Products and Commercial Services. Award will be made to the offeror who is deemed responsible in accordance with the FAR, whose offer conforms to the solicitation requirements, and whose offer, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, is the most advantageous to the Government.

(ii) The government reserves the right to conduct a price realism analysis at any point during the evaluation process. The Government will evaluate prices for reasonableness using adequate competition and price analysis techniques.

(iii) The Government intends to award a Firm-Fixed Price contract as a result of this solicitation.

(e) EVALUATION CRITERIA. Evaluation criteria consist of factors and sub-factors. The offers will be evaluated under 3 evaluation factors and 3-4 sub-factors.

(i) FACTOR I – TECHNICAL CAPABILITY. The Government will evaluate the degree to which your offer demonstrates capability to perform all the services required in the Performance Work Statement (Attachment 1); including the following criteria:

(A) Sub-Factor 1 – Service Plan. To be determined acceptable the offeror shall provide a service plan describing the method or combination of methods to be utilized to accomplish all the work required in Attachment 1. The service plan shall include how each task will be accomplished, work rate, starting and ending point, and number of employees to be appointed. Those who perform duties are clearly identified by name, their skill level, and years of experience.

(B) Sub-Factor 2 – Quality Control Program (QCP). To be determined acceptable the offeror shall provide a quality control program adequately addressing the responsibility to carry out its quality control obligations and contain measurable inspection and acceptance criteria corresponding to the Performance Work Statement (Attachment 1)

(C) Sub-Factor 3 – Equipment/Materials List. To be determined acceptable the offeror shall provide a full list of the equipment/materials to be utilized to accomplish all the work required in Attachment 1.

Each technical capability Sub-Factor 1 through 3 will receive one of the adjectival ratings defined below. To receive an acceptable rating for this factor, all sub-factors must be rated acceptable.

Table A-1. Technically Acceptable/Unacceptable Ratings

Rating Description Acceptable Offer clearly meets the minimum requirements of the solicitation.

Unacceptable Offer does not clearly meet the minimum requirements of the solicitation.

(D) Sub-Factor 4 – Use of Biobased Products. To be determined acceptable the offeror shall provide a statement demonstrating compliance with the period of performance required in Attachment 1.

Sub-Factor 4 will receive one of the adjectival ratings defined below. To receive an acceptable rating for this factor, this sub-factor must be rated acceptable.

Table. Biobased Assessments

Acceptable

Unacceptable

Proposal clearly states the utilization of biobased products, list of products, certification, and operation plan.

Proposal does not clearly state the utilization of biobased products, does not include a list of products, lacks certification, and is lacking in clear understanding of operation plan.

(ii) FACTOR II – PAST PERFORMANCE. The Past Performance evaluation will assess the relative risks associated with an offeror’s likelihood of success in performing the solicitation’s requirements as indicated by that offeror’s record of past performance. Performance risk is assessed at the factor level after evaluating aspects of the offeror’s recent past performance and focusing on performance that is relevant to the services and/or products being procured under this solicitation. Past performance areas of evaluation include quality, timeliness, business practices, and customer satisfaction.

(A) Recency Assessment. An assessment of the past performance information will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past 3 years from the date of issuance of this solicitation. Past performance information that fails this condition will not be evaluated.

(B) Relevancy Assessment. An assessment of the past performance information will be made to determine if it is relevant. To be relevant, the effort must be the same or similar in nature, size, magnitude, complexity, and scope to the services and/or products being procured under this solicitation. Past performance information that fails this condition will not be evaluated.

1. Assigning Ratings. The Past Performance Factor will be assigned one of the ratings defined below. An award will not be made to any offeror who receives an “Unacceptable” past performance rating.

2. Offerors without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, will not be evaluated favorably or unfavorably on past performance.

Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

(iii) FACTOR III – PRICE. Price is not formally scored but is the primary evaluation factor for determining award. The government expects competitive offers to be submitted for this procurement and will use these competitive offers to determine price reasonableness. If competitive offers are not received, the Government reserves the right to utilize other methods identified in the FAR to determine price reasonableness.

(A) Completeness. Each offeror is required to provide a complete pricing for each contract line identified.

Unit price and totals shall be in exact dollars and cents – no rounding.

(B) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Options for this requirement will be evaluated in accordance with FAR Clause 52.217-5. Evaluation of options shall not obligate the Government to exercise the options(s).

(C) Definitions.

1. Reasonableness. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business.

2. Completeness/Accuracy. The offeror is in compliance with the Schedule of Items and Price Sheet contained/attached within the solicitation (see Attachment 2).

Table A-2. Relevant Past Performance Evaluation Ratings

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

ADDITIONAL TERMS AND CONDITIONS:

FAR and AGAR Provisions

Provisions Incorporated by Reference:

FAR 52.204-7 System for Award Management (NOV 2024) FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment (NOV 2021) FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representations and Disclosures (DEC

2023) FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services

(MAY 2024) (DEVIATION FEB 2025)

FAR 52.217-5 Evaluation of Options (JUL 1990) FAR 52.237-1 Site Visit (APR 1984)

Provisions Incorporated by Full Text:

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 these addresses:

(a) Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far

(b) FAR Provisions are located in FAR Part 52 at https://www.acquisition.gov/far/part-52)

(c) Agriculture Acquisition Regulation (AGAR): https://www.acquisition.gov/agar

(d) AGAR Provisions are located in AGAR Part 452 at https://www.acquisition.gov/agar/part-452-solicitation-provisions-and-contract-clauses)

FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Agriculture Acquisition Regulation (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(c) Deviations to provisions may be viewed at: https://www.usda.gov/about-usda/general-information/staff-offices/departmental-administration/office-contracting-and-procurement-ocp/usda-far-class-deviations https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/agar https://www.acquisition.gov/agar/part-452-solicitation-provisions-and-contract-clauses https://www.acquisition.gov/agar/part-452-solicitation-provisions-and-contract-clauses https://www.usda.gov/about-usda/general-information/staff-offices/departmental-administration/office-contracting-and-procurement-ocp/usda-far-class-deviations https://www.usda.gov/about-usda/general-information/staff-offices/departmental-administration/office-contracting-and-procurement-ocp/usda-far-class-deviations

FAR and AGAR Clauses

Clauses Incorporated by Reference:

FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) FAR 52.223-3 Hazardous Material Identification and Material Safety Data (FEB 2021) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2024) FAR 52.223-10 Waste Reduction Program (MAY 2024) (DEVIATION FEB 2025) FAR 52.223-23 Sustainable Products and Services (MAY 2024) (DEVIATION FEB 2025) FAR 52.232-18 Availability of Funds (APR 1984) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) FAR 52.245-1 Government Property (SEP 2021) FAR 52.245-9 Use and Charges (APR 2012) AGAR 452.204-70 Modification for Contract Closeout (OCT 2024) AGAR 452.232-70 Limitation of Government’s Obligation (OCT 2024)

FAR 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(es):

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far (Clauses are located at FAR part 52 and begin with 52)

Department of Agriculture Acquisition Regulation (AGAR):https://www.acquisition.gov/agar (Clauses are located at AGAR part 452 and begin with 452)

(End of Clause)

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

Deviations to clauses may be viewed at: Policies & Regulations | USDA

(End of Clause) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/agar https://www.acquisition.gov/agar/part-452-solicitation-provisions-and-contract-clauses https://www.usda.gov/da/ocp/ppd/policies-regulations

Clauses Incorporated by Full Text:

FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(a)The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b)The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1)When no longer needed for contract performance.

(2)Upon completion of the Contractor employee’s employment.

(3)Upon contract completion or termination.

(c)The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d)The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the sub-contractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of clause)

AGAR 452.204-71 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR EMPLOYEES (MAR 2025)

a) The contractor shall comply with the personal identity verification (PIV) policies and procedures established by the United States Department of Agriculture (USDA) Directives 4620-002 series.

(b) Should the USDA Directives 4620-002 require the exclusion of a contractor's employee, the contracting officer will notify the contractor in writing. The contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 and to maintain a list of employees eligible for a USDA LincPass required for performance of the work.

(c) The responsibility of maintaining a sufficient workforce remains with the contractor. Contractor employees may be barred by the Government from performance of work should they be found ineligible or to have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.

(d) The contractor shall insert this clause in all subcontracts when the sub-contractor is required to have routine unaccompanied physical access to a Federally controlled facility and/or routine unaccompanied access to a Federally controlled information system.

(e) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the COR, unless otherwise specified in this contract. The PIV Sponsor will be identified upon award to receive contractor identity information. The Government will notify the contractor if there is a change in the PIV Sponsor. However, it is the contractor's responsibility to meet all aspects of paragraphs (c), (d), and (e).

FAR 52.208-9 CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY OR SERVICES (MAY 2014)

(a)Certain supplies or services to be provided under this contract for use by the Government are required by law to be obtained from nonprofit agencies participating in the program operated by the Committee for Purchase From People Who Are Blind or Severely Disabled (the Committee) under 41 U.S.C. 8504. Additionally, certain of these supplies are available from the Defense Logistics Agency (DLA), the General Services Administration (GSA), or the Department of Veterans Affairs (VA). The Contractor shall obtain mandatory supplies or services to be provided for Government use under this contract from the specific sources indicated in the contract schedule.

(b)The Contractor shall immediately notify the Contracting Officer if a mandatory source is unable to provide the supplies or services by the time required, or if the quality of supplies or services provided by the mandatory source is unsatisfactory. The Contractor shall not purchase the supplies or services from other sources until the Contracting Officer has notified the Contractor that the Committee or an AbilityOne central nonprofit agency has authorized purchase from other sources.

(c)Price and delivery information for the mandatory supplies is available from the Contracting Officer for the supplies obtained through the DLA/GSA/VA distribution facilities. For mandatory supplies or services that are not available from DLA/GSA/VA, price and delivery information is available from the appropriate central nonprofit agency. Payments shall be made directly to the source making delivery. Points of contact for AbilityOne central nonprofit agencies are:

(1)National Industries for the Blind 1310 Braddock Place Alexandria, VA 22314-1691 (703) 310-0500; and

(2)NISH 8401 Old Courthouse Road Vienna, VA 22182 (571) 226-4660.

(End of clause)

Addendum to FAR 52.208.9 – Website to sources: www.abilityone.gov

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2023)

a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section8504&num=0&edition=prelim http://www.abilityone.gov/ https://www.acquisition.gov/far/52.233-1#FAR_52_233_1

Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

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(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.

3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

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(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608- 2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and sub-contractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

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(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(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; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation ( 31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

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FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)

(DEVIATION FEB 2025)

(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 products and commercial services:

(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.