1240LQ24Q0067 Second Solicitation Docs.pdf

Solicitation Number: 1240LQ24Q0067 GMUG NF Norwood RD Janitorial Services

FAC 2024-03 February 23, 2024

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals 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 2024-03.

(iv) This procurement is set aside for total small business. The NAICS code is 561720 and the Small Business Size Standard is $22.

(v) Schedule of Items/Price Schedule

Project Description: GMUG Norwood Janitorial Services

Vendor Name: _________________________________ Vendor UEI: ____________________

Base Year: Sept 15, 2024 through Sept 14, 2025

Item Description Unit of Measure

Estimated Quantity

Unit Price Cost Per Year

001 Janitorial services Month 12

Option Year 1: Sept 15, 2025 through Sept 14, 2026

Measure Estimated Quantity

002 Janitorial services Month 12

Option Year 2: Sept 15, 2026 through Sept 14, 2027

Measure Estimated Quantity

003 Janitorial services Month 12

Option Year 3: Sept 15, 2027 through Sept 14, 2028

Measure Estimated Quantity

004 Janitorial services Month 12

Option Year 4: Sept 15, 2028 through Sept 14, 2029

Measure Estimated Quantity

Unit Price Cost Per Year

005 Janitorial services Month 12

Janitorial Total

Quote Grand Total Janitorial Services:

Schedule Notes: a) Contractors shall include pricing for items with all labor and charges.

(vi) Description/Specifications/Statement of Work (Including List of Attachments)

1. Attachments: Wage Determination, List of Acceptable Sustainable Products

2. General Requirements The purpose of this contract is to provide janitorial services to Norwood Ranger District Facilities.

The site of work is:

Norwood Ranger District office located at1150 Forest, Norwood, CO 81423

The Contractor shall furnish all equipment, transportation, labor, supervision, insurance, and supplies (except as specified herein as Government furnished) for the performance of this contract. Standard janitorial practices and proper use of cleaning materials and equipment is required.

3. Hours of Operation All janitorial services shall be performed between the hours of 6:00 PM and 7:00 AM, local time.

Window washing and Carpet Cleaning must be scheduled on the weekends. Contractor must have COR or CO approval 48 hours in advance of such planned work.

No work will be performed on Federal holidays without prior approval of the Contracting Officer (CO).

In the event services are not provided or required because the facility is closed due to inclement weather, unanticipated holidays declared by the President, failure of the Congress to appropriate funds, etc., the CO shall either:

Direct the Contractor to perform the work contractually specified over a number of immediately subsequent day(s) equal to the duration of the shutdown, or

1. Forego the work and reduce payment due to the Contractor for work not performed.

The deduction rate in dollars per day shall be equal to the “per month” fixed price divided by 22 days per month and then multiplied by the number of days services were not provided. Appropriate adjustments will be made by the CO in the event services are provided for portions of days, or

2. Reschedule the work on day(s) satisfactory to both parties.

3. Federal Holidays - Except as noted in the Schedule of Work or hours of Operation, work will not be required on the following federal government holidays, nor on holidays observed in lieu thereof:

New Year’s Day Martin Luther King Jr. Day Presidents’ Day Memorial Day Independence Day Juneteenth Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas

4. Supervisory Personnel: The Contractor shall designate an on-site supervisor who shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity, and shall be responsible for performance of work. An equally qualified alternate supervisor shall be provided to act on behalf of the supervisor during his/her absence. The supervisor and alternate shall be designated as key personnel and be able to read, write, speak, and understand English, and have full authority to act for the Contractor. The Contractor shall provide the telephone number of the supervisor and alternate to the CO within ten calendar days after award of the contract.

The Contractor shall immediately notify the Contracting Officer’s Representative (COR) and CO in writing when a decision to terminate an employee has been made. The Contracting Officer may, in writing, require the Contractor to remove from the work any employee who the Contracting Officer deems incompetent, careless or otherwise objectionable, or for theft, possession and/or removal of materials, supplies, equipment or Government owned property.

5. Government Furnished Property The Government shall deliver to the Contractor equipment, materials, supplies, property, and/or services (hereinafter referred to as "Government-Furnished- Property") listed below at the work site prior to work commencing. As supplies need replenishing, the Contractor shall notify the Contracting Officer's Representative (COR) no less than two (2) weeks in advance so needed items can be ordered. The Government will furnish the following items:

• Dumpster/trash container

• A storage area for both Contractor and Government supplied equipment and materials.

• Keys will be signed for and returned upon completion or termination of the contract. Lost keys are the responsibility of the Contractor.

6. Contractor-Furnished Property The Contractor shall furnish all equipment, material, and supplies necessary, except as noted in Government Furnished Property, to perform the tasks specified in this contract. The Government will approve prior to use all cleaning materials and equipment utilized by the Contractor to ensure that they do not harm, cause permanent damage to Government property or endanger the health and safety of the building users. This does not relieve the Contractor from any damages resulting from use of these materials. The Contractor shall utilize products and materials made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user.

The Contractor shall not use any materials which the CO determines does not meet the requirements established by applicable Federal specifications and standards. Material Safety Data Sheets (MSDS) are required for all cleaning compounds and products used to perform the tasks specified in this contract.

7. Fire Prevention and Security

The Contractor is responsible for ensuring security of Government property, buildings, equipment, materials, records, and data against unauthorized access, loss, or damage during the performance of this contract.

A. Fire Prevention: The Contractor shall, at all times, keep janitor storage area neat, clean, and free from odors and fumes. All chemical and combustible items shall be stored in proper containers. All trash shall be placed in the dumpsters. Trash shall not be stored in the janitor closets.

Smoking is prohibited inside the building. Smoking is allowed in designated outdoor areas only.

B. Building Security: The Contractor and his/her employees shall check all windows and doors to make sure they are locked prior to leaving the premises. The contractor will be responsible for maintaining building security during the hours the building is occupied due to Contractor operations. The Contractor shall announce their arrival and departure to employees who may be occupying the building. Doors shall be left locked unless otherwise instructed. If employees are working during cleaning hours, contractor shall still perform cleaning operations. Request approval of employee to vacuum in the area. Only the Contractor’s employees are allowed in the building or on the job site. The Contractor is prohibited from opening locked areas to permit entrance of persons other than the Contractor’s employees.

8. Circumstances to Be Reported

The Contractor shall report to the CO any circumstances of needed repairs of the facility or unusual soiling of an area which may affect the performance of work and/or create unhealthy or hazardous conditions. The Contractor shall report to the COR, police, and/or fire department any instances of fire, accidents, vandalism, attempted break-ins, signs of attempted break-ins, and suspicious persons.

9. Key Control The Contractor will be issued keys by the Government for office access at the time of contract award.

No keys shall be duplicated unless authorized in writing by the COR. The supervisor shall issue keys to Contractor employees and be responsible for their return.

The Contractor shall report the occurrence of a lost key immediately to the COR. The Contractor shall be required to replace or to reimburse the Government for replacement as a result of the Contractor losing keys.

The Contractor shall prohibit the use of keys and access codes issued by the Government by any persons other than the Contractor’s employees. The Contractor’s employees shall prohibit entrance to the building by other than Contract employees engaged in the performance of contract related work.

10. Property and Personal Damage The Contractor shall be responsible for all damage to property and to persons, including third parties that occur as a result of his or his agent’s or employee’s fault or negligence. The term “third parties” is constructed to include employees of the Government. This includes damage to duplex outlets, corner base molding and knocking parts off cubicle furniture. At their own expense, Contractor shall repair any damage, returning damaged item to original condition.

11. Plans A. Quality Control Program - The Contractor shall establish a Quality Control Program to ensure the requirements of the contract are met. It shall be submitted to the CO as part of the quote package prior to award of the contract. Any amendments shall be submitted to the CO for approval at least ten days prior to their proposed implementation. The quality control program shall, at a minimum, include:

1. An internal inspection system covering all the services performed including a checklist that will specify areas to be inspected by Contractor personnel on both a scheduled or unscheduled basis and the title of the individual(s) who will do the inspection.

2. A method for identifying deficiencies in the quality of services performed and for proposing any corrective action to be taken.

3. A method for ensuring all keys issued to the Contractor by the Government are not lost, misplaced, and are not used by unauthorized persons.

4. A file of all inspections conducted by the Contractor and the corrective actions taken.

This documentation shall be made available to the Contracting Officer Representative for review upon request.

The Contractor shall be directly responsible for instructing employees in utility conservation practices.

Mechanical equipment controls for heating, ventilation, and air conditioning systems shall not be adjusted by Contractor employees. Lights shall be used only in areas at the time when work is being performed. Water faucets or valves shall be turned off after the required usage is complete. Windows shall be closed and lights and fans turned off when not in use.

Government telephones shall not be used for personal reason, or for any toll or long distance calls.

The Contractor shall notify the COR whenever a building deficiency is identified (e.g., chemical spill, leaking pipe, stopped up sink, power outage, doors or other equipment that appear to be working improperly) and post as out of order.

It is the responsibility of the Contractor to ensure that the storage area is kept clean, free of unpleasant smells, and neat and orderly at all times.

It is the responsibility of the Contractor to ensure that all articles of possible personal or monetary value found by the Contractor’s employees are turned into the COR.

It is the responsibility of the Contractor to secure the building upon completion of work and close and lock entry gates.

The contractor shall be liable for any damage to Government property other than normal wear and tear which occurs during time on the job.

B. Biobased Product and Environmental Plan - The US Forest Service requires the use of environmentally preferable products and services in order to comply with federally mandated programs. USDA’s Affirmative Procurement Program promotes energy-efficiency, water conservation, and the acquisition of environmentally preferable products and services. In its acquisitions, USDA will support federal “green purchasing” principles in the acquisition of products and services that are environmentally preferable or that are biobased content products and services.

See FAR 52.223-1 and 52.223-2 included in this contract. All electrical equipment used by the Contractor shall meet all safety requirements of this contract and shall be UL approved. This equipment shall operate using existing building circuits. It shall be the responsibility of the Contractor to prevent the operation or attempted operation of electrical equipment, or combinations of equipment, which require power exceeding the capacity of existing building circuits. Inoperable equipment is not cause for cleaning work not to be performed. The Contractor shall furnish and use beater bar type vacuums for carpeted floors.

C. Personnel List - Provide a designation of the on-site supervisor and keep current a written list of the names of all Contractors’ employees performing services under this contract and their work schedules as well as provide background checks to Contracting Officer.

Background Checks Background checks are required to comply with Presidential Directive HSPD-12 that requires “for unescorted entry into a federal facility, the individual will have a background investigation on file.”

The contractor shall promptly, within five calendar days of employee being selected for work complete a SF-85 for the selected employee and submit form to Contracting Officer. In the event of employee changes, the Contractor shall inform the Contracting Officer within five calendar days of employees’ change in status.

D. Workers Compensation Insurance - The Contractor shall provide evidence of Worker’s Compensation Insurance or a letter from the State Department of Industrial Relations exempting the Contractor from the requirement after award, but before contract start. NOTE: A contractor working alone is not required to carry the insurance.

E. Hazard Communication Training - The Contractor shall provide employees with Hazard Communication training within one month after award of the contract or within one month after hiring a new employee. Per OSHA 29 CFR 1910.1200 Hazard Communication Standard, this training also includes instruction on the appropriate handling of chemicals requiring a Material Safety Data

Sheet. Risk of loss of life or risk of injury to the Contractor or to his/her employees shall be assumed by the Contractor. The certification of training shall be submitted to the CO within five (5) days of said training.

12. Specific Janitorial Tasks - Quality and Performance Standards The Contractor through innovation, technology, or other means, shall perform the work in this contract at frequencies necessary to meet the quality and performance standards. Evaluations of the Contractor’s work will be based on these standards and shall be conducted by the COR as close to the time that the cleaning tasks are completed.

Listed below are the specific tasks and the performance standards the Contractor is required to meet in this contract:

A. Restrooms: Shall be cleaned twice a week with a disinfectant cleaner. Fixtures, metal chrome surfaces, doorplates, washbasins, mirrors, shelving, toilets, and dispensers shall maintain a high level of luster, if applicable, and be free of dust, mold, mildew, streaks, rust, and encrustation. Toilet bowls shall be cleaned as far into the trap as possible and under the inside rim. Removal of stains with soap grit or grit cake is allowed; however, the use of toilet bowl cleaners, acids, or strong alkalis which tend to damage glaze shall not be allowed.

Cleaning shall include the seat, base/interior/exterior of bowl, flush valve, and polishing pipe.

Maintain traps free from odor. Doors, vents, sills, and walls shall be free of dust, dirt, and graffiti. Restroom supplies, including paper towels, toilet paper, and liquid hand soap, shall be replenished as needed to maintain an adequate supply at all times. Restrooms shall be free of discarded material and waste receptacles shall be emptied. Trash shall be collected twice weekly and put into government provided dumpster. Waste receptacles shall be lined and kept relatively free of trash, dirt, stains, and debris. Flooring, base molding, and walls shall be free of dirt, debris, all types of marks, and foreign matter. All flooring shall be maintained to Industry Standards, to include wet mopping, re-waxing, buffing, or auto-scrubbing, etc. as necessary.

Performance Standard: Fixtures shall be free of smudges, marks, spots, or unsightly discoloration.

Toilet bowls shall be de-scaled and the entire surface shall be free from streaks, stains, scale, scum, urine deposits, and rust stains. Floors shall be free of visible loose dirt or streaks, scuff marks, heel marks, other stains and discoloration, and mop strings. Corners, crevices, moldings, and ledges shall be free of all dust and dirt. The least amount of water, soap solution, or water cleaner solution required to remove dirt and rinse floors shall be used. Flooding of floors shall be avoided at all times.

Surfaces shall be left dry. Sufficient supplies shall be provided to meet usage.

Performance Measurement: The Government will inspect restrooms on a random basis. The Contractor shall correct any performance deficiency immediately upon notification by the COR.

Recurring deficiencies shall be considered in annual Contractor Performance Assessment Rating

(CPAR).

B. Office space (including main office, conference rooms, lobby, entrance ways, and hallways (including all flooring):

Twice Weekly:

• Surfaces, including carpets and tiled floors, shall be clear of dust, debris, stains, streaks and smudges and present an overall appearance of cleanliness.

• Trash shall be collected from trashcans and placed in the dumpster.

Monthly:

• Vertical surfaces including walls, doors and door jambs, interior windows shall be cleaned.

Performance Standard: Furniture shall be free of visible dust and trash cans shall be emptied twice weekly. Carpeted areas and molding shall be clean and free of dust balls, visible dirt, and other debris twice weekly.

Performance Measurement: The Government will inspect office space on a random basis. The Contractor shall correct any performance deficiency within one day of notification by the COR.

Recurring deficiencies shall be considered in annual Contractor Performance Assessment Rating

(CPAR).

C. High cleaning surfaces above 70 inches: Shall be cleaned free of obvious dust and cobwebs monthly. This does not include removal of vents, tiles, or fixtures for accomplish high cleaning.

Performance Standard: Surfaces shall be clean and free of dust.

Performance Measurement: The Government will inspect these high cleaning surfaces on a random basis. The Contractor shall correct any performance deficiency within one day of notification by the COR. Recurring deficiencies shall be considered in annual Contractor Performance Assessment Rating (CPAR).

D. “Kitchen”/Break Room area: Shall be free of obvious dirt debris and extraneous matter twice weekly. Trash shall be collected twice weekly and put into government provided dumpster. Trash containers shall be lined and kept relatively free of trash, dirt, stains, and debris. Counter and sink surfaces shall be cleaned twice weekly with a disinfectant cleaner.

Surfaces shall maintain a high level of luster, if applicable, and be free of dust, mold, mildew, streaks, rust, and encrustation. Molding shall be free of dirt, debris, all types of marks, and foreign matter. Flooring shall be free of dirt, debris, and foreign matter, damp mopped as the only method of wet cleaning, using disinfectant cleaner.

Performance Standard: Floors shall be clean and free of trash and foreign matter with no dust or dirt left in corners, crevices, molding, and ledges, and be free of streaks, mop strand marks, and skipped areas.

Performance Measurement: The Government will inspect the kitchen area on a random basis.

The Contractor shall correct any performance deficiency within one day of notification by the COR.

Recurring deficiencies shall be considered in annual Contractor Performance Assessment Rating (CPAR).

E. Carpet Cleaning (2 x per year): Schedule for carpet cleaning shall be approved in advance by the COR. All carpet areas shall be shampooed with a commercial machine leaving them free of obvious removable spots, stains, soiled traffic pattern, dirt, debris, gum, and crusted material. There are to be no areas of deterioration or fuzzing to the carpet and rug as a result of harsh brushing or scrubbing. Cleaned area of carpets and rugs should reasonably blend with surrounding carpet. Carpets shall be dried within 24 hours to prevent mold growth. Carpet cleaner solution should leave a minimal scent so as not to trigger reactions in scent-sensitive employees.

Performance Standard: Carpets shall be free of obvious removable spots, stains, soiled traffic pattern, dirt, debris, gum, and crusted material.

Performance Measurement: The Government will inspect carpets after each cleaning. The Contractor shall correct any performance deficiency within one day of notification by the COR.

F. Exterior Window Cleaning (2 x per year): Schedule for window cleaning shall be approved in advance by the COR. Windows shall be free of dirt, smudges and streaks. A cleaner made for removing heavy mineral deposits with a sealant is recommended due to the windows that are hit by the sprinkler system.

Performance Standard: Windows shall be free of dirt, smudges and streaks.

Performance Measurement: The Government will inspect windows after each cleaning. The Contractor shall correct any performance deficiency within one day of notification by the COR.

G. Interior Window Cleaning (2 x per year): Schedule for window cleaning shall be approved in advance by the COR. Windows shall be free of dirt, smudges and streaks.

Performance Standard: Windows shall be free of dirt, smudges and streaks.

Performance Measurement: The Government will inspect windows after each cleaning. The Contractor shall correct any performance deficiency within one day of notification by the COR.

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location Period of performance will begin at time of award to Norwood Ranger District office, located at: 1150 Forest Norwood, CO 81423.

(viii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023) (Provision)

Addenda to Provision 52.212-1:

For simplified acquisitions, the word quote or quoter is substituted in provision 52.212-1 for the word offer or offeror.

Addenda to Provision 52.212-1 paragraph (b) Submission of Offers:

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

2) Email response should contain the following:

- Technical quote

- Price quote

- Signed Representations & Certifications

a) Technical Quote: The technical quote shall address the evaluation factors in 52.212-2. At a minimum technical quote shall include:

(i) Past Performance – provide a list of similar projects completed by your firm over the past three years. Include a brief description of the project, dollar amount, year completed, and project owner contact information (name, phone, and email). The government may use past performance information from any available source. If a company does not have past https://www.sam.gov/SAM/ performance information available, information may be provided for predecessor companies, key personnel, or subcontractors. In the event there is no past performance information available, the offeror will receive a neutral rating in this factor.

(ii) Quality Control Plan – The Contractor shall establish a Quality Control Program, per Section (vi), 11, B, to ensure the requirements of the contract are met.

(iii) List of sustainable products

b) Price quote: The completed Schedules of Items will suffice for price Quote. Provide unit prices to the nearest dollar and do not round the extended item amounts or total prices.

c) Signed Representations and Certifications.

3) Submit quote by email to thomas.mendoza@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain a Technical Quote, Price Quote, and Representations and Certifications in Microsoft Word, Excel, or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the quoter’s responsibility to confirm receipt of the quote from Thomas Mendoza.

4) Address questions about this solicitation to Thomas Mendoza at thomas.mendoza@usda.gov.

Addenda to Provision 52.212-1 paragraph (f) Late Submissions:

Replace (f)(2)(i) with the following:

Any quote, modification, revision, or withdrawal of a quote 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 quote would not unduly delay the acquisition. Delete 52.212-1 (f)(2)(i) paragraphs A, B, & C

(ix) 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) (Provision)

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote, conforming to the solicitation, will be most advantageous to the Government. Price and other factors will be considered. The following factors shall be used to evaluate quotes:

- Technical Quote, including past performance, Quality Control Plan and list of sustainable products

- Price Quote

- Representations and Certifications

Note: Technical quote and past performance, when combined, are significantly more important than 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.

mailto:thomas.mendoza@usda.gov

(x) Representations and Certifications (complete highlighted items in this section and return with your offer)

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (FEB 2024) (DEVIATION NOV 2022) (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 Products and Commercial Services, 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 Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) 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.

DEVIATION NOV 2022] Offerors that are representing as joint ventures should submit their socio-economic status in the space provided above until such time that SAM.gov has been updated to include the joint venture representations contained within provision 52.212-3 paragraph (c).

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.] file:///C:%5CUsers%5Cmelissaajohnson%5CDownloads%5C(DEVIATION%20NOV%202022)%20%E2%80%93%20Offerors%20that%20are%20representing%20as%20joint%20ventures%20should%20submit%20their%20socio-economic%20status%20in%20the%20space%20provided%20above%20until%20such%20time%20that%20SAM.gov%20has%20been%20updated%20to%20include%20the%20joint%20venture%20representations%20contained%20within 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 https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

(xi) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

(NOV 2023)

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 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 Products and Commercial Services (FEB 2024)

(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. 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 Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31

U.S.C.3903 and 10 U.S.C. 3801)

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 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 products and commercial services:

[Contracting Officer check as appropriate.] ☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I

(Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (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.)

☒ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (Whistleblower Guidance to Contractor Employees) https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK

☐ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

☐ (6) [Reserved].

☐ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of

Div. C).

☐ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)

(Pub. L. 111-117, section 743 of Div. C).

☒ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division

R of Pub. L. 117-328).

☐ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders – Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts (Dec 2023) (Pub. L. 115-390) ☐ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition. (Dec 2023)

(Pub. L. 115-390, title II) ☐ (ii) Alternate I (Dec 2023) of 52.204-30.

☐ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

☐ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (14) [Reserved].

☐ (15) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.657a).

☐ (16) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct

2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (17) [Reserved] ☒ (18) (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.

☐ (19) (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.

☐ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

☐ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (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 (Sep 2023) of 52.219-9.

☐ (22) (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

☐ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s) [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) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned

Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) ( 15 U.S.C.

657f).

☒ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C.

632(a)(2)).

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

☐ (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

☐ (28) 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 (Oct 2022) (15 U.S.C.

637(m)).

☐ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☐ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024). [ ☒ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

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

☐ (36) (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.

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

☐ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

☒ (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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).

☐ (40) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

☐ (41) (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.)

☐ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (44) (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.

☐ (45) (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.

☐ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

☐ (47) (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.

https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf

☒ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

☒ (52)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

☐(ii) Alternate I (Oct 2022) of 52.225-1 ☐ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (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), Public Law. 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 [Reserved] ☐(iii) Alternate II (DEC 2022) of 52.225-3.

☐(iv) Alternate III (FEB 2024) of 52.225-3 ☐(v) Alternate IV (OCT 2022) of 52.225-3.

☐ (54) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (56) 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. Subtitle A, Part V, Subpart G Note).

☐ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

☐ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services

(Nov 2021) (41 U.S.C.4505, 10 U.S.C.3805).

☐ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021)

(41 U.S.C.4505, 10 U.S.C.3805).

☒ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31

U.S.C. 3332).

☐ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul

2013) (31 U.S.C.3332).

☐ (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46

U.S.C. 55305 and 10 U.S.C. 2631).

☐ (ii) Alternate I (Apr 2003) of 52.247-64.

☐ (iii) Alternate II (Nov 2021) 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 products and commercial services:

[Contracting Officer check as appropriate.]

☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (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

11150 Janitor $17.00 / $4.98

☐ (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).

☐ (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).

☒ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (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.

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

(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 products or commercial services. 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 (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712)

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328) (vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition. (Dec 2023) (Pub. L. 115-390, title II)

(B) Alternate I (Dec 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (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.

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

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

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

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

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

(xiv) 52.222-40, Notification of Employee Rights Under the National…