1240LR23P0021 AWARD signed by CO and KO.pdf

3/13/2023 Mario M Trimble, Managing Member 03/13/2023

1240LR23P0021 HTNF Janitorial, Tonopah, NV

Schedule of Items/Price Schedule

Item Supplies/Services Qty Unit of Issue

Unit Price Total Price

0001 Base Year - Janitorial Services March 15, 2023 – March 14, 2024

12 MO $780.00 $9,360.00

1001 Option Year 1 - Janitorial Services March 15, 2024 – March 14, 2025

12 MO $780.00 $9,360.00

2001 Option Year 2 - Janitorial Services March 15, 2025 – March 14, 2026

12 MO $780.00 $9,360.00

3001 Option Year 3 – Janitorial Services March 15, 2026 – March 14, 2027

12 MO $780.00 $9,360.00

4001 Option Year 4 - Janitorial Services March 15, 2027 – March 14, 2028

12 MO $780.00 $9,360.00

TOTAL $46,800.00

Attachment 1: Wage Determination 2015-5599 Rev.-21 dated 12/27/2022

Attachment2 – Map of Tonopah Ranger District Office

Federal Government Holidays: Except as noted in the PWS, work shall not be performed on the following holidays or on holidays observed in lieu thereof. When required services occur on holidays, work will be performed on either the previous or following work day, unless specified otherwise.

New Year’s Day 1st day of January Martin Luther King Jr.'s Birthday 3rd Monday of January Presidents Day 3rd Monday of February Memorial Day Last Monday of May Juneteenth 19th day of June Independence Day 4th day of July Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veterans Day 11th day of November Thanksgiving Day 4th Thursday of November

Christmas Day 25th day of December

Statement of Work

Humboldt/Toiyabe National Forest Service Tonopah Ranger District

Janitorial Services

SCOPE:

It is the purpose of this contract to secure janitorial services for the Tonopah Ranger District, Humboldt/Toiyabe National Forest building located at 1400 S Erie Main Street, Tonopah, NV 89049. The contractor shall furnish all labor, equipment, supervision, transportation, supplies (except those designated as Government furnished), and incidentals to perform all the work necessary as specified herein.

LOCATION AND DESCRIPTION:

The building is one-story, approximately 3086 square feet of office. The entire building is on one level with a predominantly carpeted floor. There are two restrooms.

USE OF PREMISES:

The Contractor shall comply with the regulations governing the operation of premises, which are occupied, and shall perform his/her contract in such a manner as not to interrupt or interfere with the conduct of Government business. No authorized persons are to be admitted while on the premises. Contractor /agent will be exposed to various documents and/or communications. At no time will the contents of these documents be discussed or transmitted in any way to people outside the office. Services shall be performed after 5:00PM and/or before 7:30AM, Monday through Friday or any time on Saturday and Sunday unless otherwise directed (except Federal Holidays). The Tonopah Ranger District shall be responsible for notifying the contractor at least five (5) days in advance.

ROOM CLEANING: Two Times Per Week, not on consecutive days:

Description of tasks:

1. Vacuuming. Vacuuming of carpets is done using a mechanical beater or powered brush type carpet vacuum machine. Includes the removal of gum and spots. Floor should be free of lint, dust, dirt, food particles and gum spots. Clean under desks and use hose to get close to walls and corners.

2. Dusting. Dusting includes the removal of soil and grease with a treated damp cloth. Tables should be free of all dirt, dust, lint, streaks, coffee rings, and soil spots. Window sills and door frames shall be free of dust. Webs should be removed at each cleaning. Dust ceiling fan blades and picture frames. Dust base of chairs.

3. Waste Receptacles. Waste receptacles will be emptied and a plastic liner placed in the receptacles. The outsides of the waste receptacle should be free of dust, dirt, and other matter.

4. Window Cleaning. Windows should be free of dust, dirt, grease, streaks, spots or residue.

Clean front door glass, both sides of both sets of doors.

5. Mopping. Mop floor in restrooms and offices using a detergent/disinfectant solution and assure floor is free of dirt, dust, film, streaks, debris, standing water and water stains. Care should be given to avoid splashing on equipment, furniture, walls, doors, trim and adjacent carpet.

6. Sweep and/or dust mop all tile/vinyl floors.

7. Damp mop front and rear area entries.

RESTROOMS: Two times a week, not on consecutive days:

Cleaning of urinals, commodes, wash basins and partitions is done using cloths, sponges and disinfectant solutions. Remove all deposits, stains, and foreign matter including those under fixture edges, lips and on all exposed surfaces including walls. Mop floors. Keep towels, toilet tissue, and soap containers stocked. Keep exhaust fans free from dust.

1. Floors shall be swept and wet-mopped.

2. Wash and rinse complete toilet stool and seat assembly, urinals, wash basins and dividers.

Treat wash basins, toilets, sinks, and urinals with suitable scale remover, germicide and deodorant.

3. Mirrors, shelving, dispensers and chrome fixtures shall be damp wiped and polished.

4. All other surfaces including walls around sink and toilet area shall be damp wiped.

5. Paper towel waste receptacles shall be emptied and towel, soap and toilet paper dispensers serviced.

6. Scrub water and fountain with disinfectant-type cleaner.

Duties to be performed May, August, November, and February:

1. Clean window blinds

2. Wax vinyl floors and tiled areas

3. Thoroughly wash and clean windows on outside, remove any bug nests close to window edges.

4. Vacuum fabric chairs.

Duties to be performed August and February :

1. Shampoo Carpet

SERVICES TO BE PERFORMED AS NEEDED:

1. Replace fluorescent light tubes and light bulbs.

2. Spot clean any stains in the carpet and fabric chairs that occur periodically.

3. Clean walls

4. Remove snow and ice from front walkway after each snowstorm. During regular workdays, Monday through Friday, snow is to be removed before 7:30AM.

SUBMITTALS

Seven days prior to an employee starting work, the Contractor shall submit for each employee working on government premises for this contract:

• I-9, Employee Eligibility Verification Form, with a copy of the documents that establish employment eligibility and identity. This information may be used for an initial background check.

• Full Name of Employee with a valid email address and telephone number. This information will be submitted to the Department of Agriculture’s Human Capital Management (HCM) department who may then contact the employee and require the employee to provide their full name, date of birth, place of birth, social security number, working contact phone number, and working email address. The employee may then be required to complete a background investigation package as requested by HCM. The Government reserves the right to remove any Contractor employee that is, in the Government’s estimation, found to be unsuitable or deemed a security risk for the Government. If such a finding occurs, either by the Government or the Contractor, the employee shall be immediately dismissed from duty and shall not be permitted to enter the buildings. The Contractor shall immediately inform the CO of any such issues.

The Contractor shall, within 10 days from start of contract, submit for the CO’s approval the following:

• Complete list of all personnel employed under this contract with a designated on site working supervisor. This list shall include individual tours of duty (such as 6:30pm – 12:00 midnight) and scheduled work assignments.

• Schedule for contracted services to be performed bi-monthly, quarterly, and semi-annually.

• Quality Control Plan ensuring contract compliance.

• Submittals as detailed under Contractor-Furnished Property, biobased products.

• Material Safety Data Sheets (MSDS) and chemical lists in a notebook for chemicals stored in Government-Furnished storage spaces. MSDS notebooks shall be kept up-to-date and stored in storage spaces with chemicals.

SAFETY:

• The Contractor shall be responsible for instructing his/her employees in appropriate safety measures. Employees must not place mops, brooms, machines, and other cleaning equipment at locations in such a manner as to create safety hazards. Cautionary signs shall be displayed in areas where cleaning operations are in progress which necessitate the use of any equipment or supplies such as buckets, wires, ladders, water, wax, wet floors etc., which could cause a personal hazard. Contractors shall comply with all Federal, State, and Local regulations, laws, codes, and requirements relating to safety.

• Fire prevention shall be exercised at all times by the Contractor’s employees. Janitor’s closet, etc. shall be kept clean and free from odors and fumes. All combustible material shall be used and stored in a safe manner. The Contractor shall report to the COTR any fire hazards, and if possible, correct them.

• The Contractor shall be responsible for maintenance and upkeep of the MSDS forms and chemical list for all chemicals used and stored on site.

INSPECTION AND PAYMENTS:

Work performed under this contract shall be subject to inspection by the Contracting Officer’s Representative (COR). Sub-standard performance shall be brought to the attention of the Contractor, who, if he/she fails to correct deficiencies as directed shall be subject to termination.

MATERIALS AND WORKMANSHIP:

Unless otherwise provided in the contract specifications, the contractor shall furnish all materials and equipment necessary for satisfactory contract performance. When not specifically identified in the specifications, such materials and equipment shall be of the most suitable type and grade for the purpose. Each item or article shall be subject to inspection and/or test and approval by the Contracting Officer or his/her representative, when he/she so requires. All workmanship shall be first class and also shall be subject to the inspection and approval of the Contracting Officer or his/her representative. Contractor shall be in sufficient physical condition to be able to climb ladders, etc., in order to accomplish the work in a satisfactory manner.

CONTRACTOR FURNISHED SUPPLIES:

1. Dusting supplies

2. Window cleaner and equipment

3. Carpet shampooer and supplies

4. Other supplies necessary to maintain office work area in a neat and clean manner

5. Vacuum

6. Air Freshener

In compliance of the United States Department of Agriculture’s (USDA) Green Purchasing Affirmative Procurement Program (GPAPP), products supplied under this contract shall meet or exceed the following requirements:

Sanitary Tissue Products:

Post-consumer Fiber (%) Recovered Fiber (%) Bathroom Tissue 20-60 20-100 Paper Towels 40-60 40-100 (Note: The content levels should be read as X% recovered fiber, including Y% post consumer fiber and NOT as X% recovered fiber plus Y% post consumer fiber.)

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material 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. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the COR.

The following is an example list of products that may be used in this contract for custodial services for which biobased products are available. The list is not all inclusive. It is desirable that contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

All-purpose cleaner Degreaser/cleaner Heavy duty cleaner Deodorizer

Carpet shampoo Floor finish Gum remover Floor finish restorer Disinfectant sanitizer Floor sealer Extraction fluid Furniture polish

Floor stripper Glass cleaner Neutral cleaner (liquid) Grout sealer Stain remover Stainless steel polish

Air freshener including dispenser Toilet bowl cleaner Bathroom cleaner White board cleaner Brass polish/cleaner Wood floor cleaner

Chrome polish/cleaner Laundry detergent Liquid hand soap including dispenser Cream cleaner

Lime and scale remover (tub and tile cleaner) Solvent

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts. The Contractor shall submit in writing for COR approval the following:

• The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

• Detail on how the Contractor intends to keep abreast of the development and increasing availability of biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

• A complete list of biobased products, indicating the name of the manufacturer and the intended use of each of the materials that are to be used in carrying out the requirements of the contract. Submittals must be reviewed and updated annually, or as required by the COR.

GOVERNMENT FURNISHED SUPPLIES:

1. Building key and paper product dispenser keys

2. Paper towels for bathrooms

3. Toilet paper for bathrooms

4. Plastic bag liners for wastebaskets

5. Bathroom disinfectant

6. Light bulbs/tubes

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

Period of Performance is 03/15/2023 – 03/14/2028

Tonopah Ranger District, Humboldt/Toiyabe National Forest building located at 1400 S Erie Main Street, Tonopah, NV 89049

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

(NOV 2021)

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; 41 U.S.C 4712 and 10 U.S.C 2409 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.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (JAN 2022) (DEVIATION JUL 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial 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 and Other Covered Entities (Nov 2021) (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) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(8) 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).

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

(10) [Reserved].

(11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C.657a).

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) 15 U.S.C. 657a).

(13) [Reserved]

(14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

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

(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (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 2021) of 52.219-9.

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

(ii) Alternate I (MAR 2020) of 52.219-13

(19) 52.219-14, Limitations on Subcontracting (Sep 2021) (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.

(20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

(22) (i) 52.219-28, Post Award Small Business Program Representation (Sep 2021) (15 U.S.C. 632(a)(2)).

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

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

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

(26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

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

(28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022)

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

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

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

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

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

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

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

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

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

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

(35) (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).

(36) 52.222-54, Employment Eligibility Verification (Nov 2021). (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 22.1803.)

(37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

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

(40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Oct 2015) of 52.223-13.

(41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

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

8259b).

(43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

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

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

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

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

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

(48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

(49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (DEVIATION JUL 2020) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub.

L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

(iii) (ii) Alternate II (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

(iv) (iii) Alternate III (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

(50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(51) 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).

(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

5150).

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

(55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

(56) 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.2307(f)).

(57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

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

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

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

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

(62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

(63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (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

Janitor $13.79

(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.

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (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).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Nov 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(Jan 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O.

13706).

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

Additional Requirements/Terms and Conditions:

Clauses:

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

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

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a)The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b)If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c)The total duration of this contract, including the exercise of any options under this clause, shall not exceed _5 years and 6 months.

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018)

52.228-5 Insurance – Work on a Government Installation (JAN 1997)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) (DEVIATION APR 2020) (31 USC 3903 and 10 USC 2307)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

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) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

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.

452.204-70 Modification for Contract Closeout (OCT 2021) Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

Period of Performance

The period of performance of this contract is from March 15, 2023, through March 14, 2028.

Insurance Coverage

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence. (2) The Contractor shall have property damage liability insurance shall be required in the amount of _$20,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

Key Personnel

(a) The Contractor shall assign to this contract the following key personnel: Designated POC and an alternate, who shall be responsible for the competent performance of the work required under the specifications of this contract NLT 5 business days after contract award and as changes occur. The POC or their alternate shall meet with COR to discuss immediate problems areas. The POC shall respond by phone or email to the COR within two (2) hours after notification of deficiencies and correct the deficiency(s) the next business day. The Contractor shall provide the telephone number and email of the POC to the COR.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

Government Point of Contact

Pamela Brande, Contract Specialist at pamela.g.brande@usda.gov.

Linda Bernardi, Contracting Officer Representative at linda.bernardi@usda.gov

Rebecca Martinez, Contracting Officer at rebecca.martinez@usda.gov