Sol_1243ZP20Q0001_Florida_Lodging_BPA.docx.pdf

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ADMINISTRATIVE INFORMATION

ADMINISTRATIVE INFORMATION

A. CONTRACTOR:

(Contractor’s Name)

(Address)

(City-State-Zip)

(Point of Contact/Title)

PHONE NUMBER:

FAX NUMBER:

E-MAIL ADDRESS:

SOCIO ECONOMIC CLASSIFICATION (i.e. HUBZone, WOSB)

DUNS NUMBER :

FEDERAL TAX I.D. NO :

GSA CONTRACT NO (Type NA if you do not have a contract)

B. GOVERNMENT: Christopher J. Ford, Contracting Officer USDA Forest Service1720 Peachtree Rd. NW, Suite 876 South Atlanta, GA 30309-2449

404.347.1635

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DISASTER RECOVERY BLANKET PURCHASE AGREEMENT (BPA)

STATEMENT OF WORK (SOW)

I. SCOPE OF WORK

The contractor shall furnish all labor, supplies, tools, and supervision necessary to:

This Request for Quote (RFQ) is issued to solicit services to provide temporary lodging for traveling employees. Each period of requirement for temporary lodging will be for a minimum of 5 days and a maximum of 1 year. Temporary housing include your choice of one or two bedroom apartments with all requirements listed in the Statement of Work (SOW) such as furniture, housewares, linens, utilities, TV, DVD, washer/dryer, cable service, high speed internet service, telephone service, and maid service for the Apalachicola National Forest of the USDA Forest Service, hereafter referred to as “Agency”. If a contractors’ quote is accepted, the government intends to award one or more BPA awards.

The Forest Service will use the evaluation criteria specified in Basis of Award section to evaluate responsive quotes.

One or more BPA awards will be made based on procedures set forth in Basis of Award. The government reserves the right to make partial awards to more than one vendor if deemed necessary. If a vendor would only like to be considered for specific line items they must specify as such in their technical proposal.

The Government’s obligation under this Request for Quote is contingent upon the availability of funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting

Officer for all or part of the order requirements.

II. PERIOD OF PERFORMANCE

The contract period of performance is from 11/15/2019 to 11/15/2024. The period of Performance shall consist of a base period of 5 Years. Contract time shall begin with issuance of (notice to proceed or signed awarded call order) which shall begin contract period of performance.

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) provide service under this contract within 14 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 14 calendar days after issuance of NTP. The time stated shall include final cleanup of the premises.

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III. SCHEDULE OF PERFORMANCE

The contractor is responsible for providing services as requested and contractor has availability 365 days a year for 5 years as requested. The Contractor must at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this Statement of Work when the

Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the work force are essential.

IV. ORDERING PROCEDURES

A. Call Orders

The orders to be issued under this BPA will be based on scopes of work or written communication defining specific requirements. The BPAs will establish agreed upon rental rates for occupancy. The BPA holder, when responding to request may lower their stated BPA rate to be more competitive for that specific order but cannot exceed the rate ceiling for each individual order

B. Ordering Procedures

In accordance with FAR 13.303, this requirement intends to establish one or more

BPAs with qualified vendors. Ordering activities shall follow the BPA’s ordering procedures as stated in the award.

C. Placing Call Orders

The agency will contact all eligible awardees to solicit a firm fixed price inclusive quote for all requested services. Each vendor will have a maximum of (48) hrs. to respond to specific call orders. If your company does not respond to the request for quote in the allocated time, the agency will assume you are not interested in responding to the specific solicitation. Basis for award of each call order may be best value or lowest price technically acceptable.

D. Open Market Items

For administrative convenience, BPA orders may include "open market" items

(e.g., items that have not already been priced, evaluated and awarded on the

Contractor's BPA schedule of items) as long as the value of "open market" items included in the order do not exceed the applicable micro- purchase threshold as defined in FAR 2.101. The items must also be clearly identified as "open market" items. The Ordering Contracting Officer may authorize you buy non-priced open market items that can be negotiated at the call order level.

V. PLACE OF PERFORMANCE

The applicable county or counties where work shall commence include Leon, Liberty, Wakulla, Franklin, Calhoun and Gadsden counties Florida. Within 1 hour drive time from 11152 NW State Road 20, Bristol

Florida.

The Wage Determination (WD) applicable to this call order is N/A https://www.wdol.gov/

The principle location of performance is Counties Listed Above, based on availability and rates.

https://www.wdol.gov/

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VI. SCHEDULE OF ITEMS (Add additional lines as needed using Copy/Paste)

Line Item #

BPA Ref. CLIN Line Item Description

Unit of Measure

Rates Total

01 Open Market Furnished One

Bedroom

Apartment

(min. 5 days)

Weekly

02 Open Market Furnished Two

Bedroom

Apartment

(min. 5 days)

Weekly

03 Open Market Furnished One

Bedroom

Apartment

(Month or 4 or more weeks)

Monthly

04 Open Market Furnished Two

Bedroom

Apartment

(Month or 4 or more weeks)

Monthly

05 Open Market Furnished One

Bedroom

Apartment (12 months)

Year

06 Open Market Furnished Two

Bedroom

Apartment (12 months) year

07 Open Market Additional

Day:

Furnished One

Bedroom

Apartment

Day

08 Open Market Additional

Day :

Furnished Two

Bedroom

Apartment

Day

* If the line item is considered an open market line item (BPA non pre-priced) notate OM in the BPA Ref.

CLIN

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VII. GENERAL LINE ITEM DESCRIPTION

For each Line item, define the end deliverable (performance objective). What does the contractor need to know? How does this line item fit into the overall scope of work to meet the mission objective?

Line Item #

Description

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Provide housing as requested to USFS personnel.

VIII. TECHNICAL SPECIFICATIONS

Line Item ---- List all Performance Standards, Performance Requirements, and Specifications for each item.

Line Item #

Performance Standards, Performance Requirements, and Specifications

1.1 The Housing shall be in good working order free from rodents, pest, mold and any damage that may pose a health hazard.

Housing and parking must be located in an area low crime area or have a secure gate and/or guard.

Housing shall be a private residence. Housing like studio apartments where kitchens or other living space is shared with non FS contract people is not allowed.

The housing shall consist of a bedroom(s), Bathroom, functional kitchen with appliances and basic utensils and Livingroom.

Furnishing will at a minimum include bed(s), dressers, nightstands, lamps, couch, table, chairs, microwave, bedding linen, dishes, towels and iron with ironing board.

Preference will be giving to units that have washers and driers or laundry facilities located within the facility. Laundromats or other laundry services outside the perimeter of the facility will not be given preference.

Utilities

All basic utilities will be included; electric, garbage, water, sewer and Gas (if applicable).

Maintenance

The housing shall have cleaning service at a minimum of at least once every week.

Contractor Responsibility

Provide listed utilities.

The Contractor is responsible maintenance of any preexisting conditions or normal wear and tear to the unit, furniture or appliances.

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The Contractor is responsible for submitting timely invoices for payment.

Rejection of Contractor or Contractor's Employees. The Government reserves the right to reject, at any time and without notice, any housing unit if it does not meet the requirements or violates any safety or health laws and regulations.

IX. GOVERNMENT FURINSHED PROPERTY (GFP)

The government shall provide the following government furnished property (list GFP below)

None Provide

X. INVOICES AND PAYMENTS

Invoices for final payment must be so identified and submitted. When the order is complete no further charges shall be billed.

Invoice Processing Platform

This purchase order shall require all invoices to be submitted digitally through the Department of

Treasury’s Invoice Processing Platform (IPP), https://www.ipp.gov. The contractors must follow the instructions on how to register and submit invoices via IPP as prescribed in the communications from

USDA Treasury. For more information concerning IPP please visit http://www.fs.fed.us/business and further information will be discussed between the awardees and the Contracting Officer.

XI. EQUIPMENT REQUIREMENTS

All equipment which is proposed to be used on the work shall be of the proper type, sufficient size, operated at sufficient speed, and in such mechanical condition as to meet with the requirements of the work and produce a satisfactory quality of work. Equipment shall be equipped with a protective canopy, and shall have a fire extinguisher mounted for easy access by the operator. Additionally, a 50 lb. ABC fire extinguisher must be on site at all times. Contractor will be responsible to repair or replace any equipment that breaks down within three (3) working days.

XII. INSPECTION AND ACCEPTANCE

Inspection of the work performed under this contract shall be made by the designated Contracting

Officer's Representative (COR) or by the designated Inspector as the work progresses in accordance with the authorities granted in the FS 6300-6. These inspections will be performed at such intervals as are necessary to insure compliance with the contract specifications. Operations shall facilitate safe and practical inspection of contractor operations and conduct of other official duties in work areas.

Contractor has all responsibility for compliance with safety requirements for contractor employees.

XIII. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984)

FAR 52.246-4 Inspection of Services--Fixed Price (APR 1984)

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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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): www.arnet.gov/far/

XIV. INSTRUCTIONS TO OFFERORS

The fixed rates on the following pages must apply for payment purposes for the duration of this agreement. Fully loaded rates for the five (5) year BPA. Fully loaded rates include overhead and profit. Firm fixed price (FFP) BPA Calls (Call Orders) will be issued against this BPA.

This multiple award BPA will establish agreed upon rate ceilings for all properties in your proposed portfolio. Multiple contractors are expected under this multiple award BPA.

Consequently, competition of each BPA Call will occur among the multiple awarded BPA holders as established by the BPA ordering procedures in accordance with FAR Part 13.303.

Factors such as (but not limited to) price, past performance on prior Call Orders issued outside and under this multiple award BPA (quality of deliverables/services, timeliness, and cost control)may be considered in determining establishment of individual call orders.

Once again the price you are proposing in the BPA is a ceiling rate that can not be exceeded but may be lowered to be more competitive in response to a call order.

A. Restrictions to Offerors

Responsive offerors may own or lease all properties being proposed for lodging.

It is preferred that the awardees own the properties but you may propose other arrangements in your submission for consideration.

B. Additional Properties

Additional properties that meet or exceed requirements may be proposed throughout the contract. The government may or may not accept these properties as part of the agreement

C. Submission of Quote

A responsive quote shall include at a minimum the following:

1) Capabilities statement listing the rooms specifications, proposed amenities.

Property locations Including property photos

2) Completed Administrative Information Page

3) Completed Schedule of Items for consideration. Partial awards may be made http://www.arnet.gov/far/

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XV. SPECIAL REQUIREMENTS

A. Authorized Users

Any Southern Region (R8) Forest Service contracting officer purchase card holder, acting within the scope of their delegated procurement authority, may place call orders against this BPA.

Forest Service will place orders via any means available, including email, facsimile, or in writing.

XVI. TERMS AND CONDITIONS

52.252-1 Solicitation Provisions and Contract Clauses

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 quoter is cautioned that the listed provisions may include blocks that must be completed by the quoter and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the quoter may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.htm

52.212-4 Contract Terms and Conditions -- Commercial Items (MAY 2015)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or

Executive Orders -- Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or

Executive Orders -- Commercial Items (Jan 2019)

(a) The Contractor shall comply with the following Federal

Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal

Confidentiality Agreements or Statements (Jan 2017) (section 743 of http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P128_20650

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Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-

91).

(3) 52.209-10, Prohibition on Contracting with Inverted

Domestic Corporations (Nov 2015) (4) 52.233-3, Protest

After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT

2004) (Public Laws 108-77, 108- 78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

_X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015)

(41 U.S.C. 3509).

X (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 (Oct 2018) (Pub. L. 109-282) (31 U.S.C.

6101 note).

(5) [Reserved]

X (6) 52.204-14, Service Contract Reporting Requirements

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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(7) 52.204-15, Service Contract Reporting Requirements for

Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When

Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

XH (9) 52.209-9, Updates of Publicly Available Information

Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(10) [Reserved]

(11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-

Source Award (Nov 2011) (15 U.S.C. 657a).

(ii) Alternate I (Nov 2011) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for

HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15

U.S.C. 657a).

(ii) Alternate I (Jan 2011) of 52.219-4.

(13) [Reserved]

X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15

U.S.C. 644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)

(15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns

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

(17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15

U.S.C. 637 (d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Nov 2016) of 52.219-9.

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(v) Alternate IV (Aug 2018) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C.

644(r)).

X (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.

637(a)(14)).

(20) 52.219-16, Liquidated Damages—

Subcontracting Plan (Jan 1999) (15 U.S.C.

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

(21) 52.219-27, Notice of Service-Disabled Veteran-

Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.

657f).

X (22) 52.219-28, Post Award Small Business Program

Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business

Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source

Award to, Women-Owned Small Business Concerns Eligible

Under the Women-Owned Small Business Program (Dec

2015) (15

U.S.C. 637(m)).

(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(26) 52.222-19, Child Labor—Cooperation with

Authorities and Remedies (Jan 2018) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

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

(29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.

4212).

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

(30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul

2014) (29 U.S.C. 793).

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

(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.

4212).

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X (32) 52.222-40, Notification of Employee Rights Under the

National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33) (i) 52.222-50, Combating

Trafficking in Persons (JAN 2019) (22

U.S.C. chapter 78 and E.O. 13627).

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

13627).

(34) 52.222-54, Employment Eligibility Verification (Oct

2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35) (i) 52.223-9, Estimate of Percentage of Recovered Material

Content for 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.)

(36) 52.223-11, Ozone-Depleting Substances and

High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O.13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of

Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O.

13693).

(38) (i) 52.223-13, Acquisition of EPEAT® -Registered

Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

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

(39) (i) 52.223-14, Acquisition of EPEAT® -Registered

Television (Jun 2014) (E.O.s 13423 and 13514).

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

X (40) 52.223-15, Energy Efficiency in Energy-Consuming

Products (Dec 2007) (42 U.S.C. 8259b).

(41) (i) 52.223-16, Acquisition of EPEAT® -Registered

Personal Computer Products (Oct 2015) (E.O.s 13423 and

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13514).

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

X (42) 52.223-18, Encouraging Contractor Policies to Ban

Text Messaging while Driving (Aug 2011) (E.O. 13513).

(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

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

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

X (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter

83).

(47) (i) 52.225-3, Buy American--Free Trade Agreements--

Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

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

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

(iii) Alternate II (May 2014) of 52.225-3.

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

(48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19

U.S.C. 3301 note).

(49) 52.225-13, Restrictions on Certain Foreign Purchases

(June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(50) 52.225-26, Contractors Performing Private Security

Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302 Note).

(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)

(42 U.S.C. 5150).

(52) 52.226-5, Restrictions on Subcontracting Outside

Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

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(53) 52.232-29, Terms for Financing of Purchases of

Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C.

2307(f)).

(54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41

U.S.C. 4505, 10

U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer--

System for Award Management (Oct 2018) (31 U.S.C. 3332).

(56) 52.232-34, Payment by Electronic Funds

Transfer—Other Than System for Award Management

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

(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15

U.S.C. 637(d)(12)).

(60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag

Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and

10 U.S.C. 2631).

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

(iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.

13495)

(2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.

chapter 67.).

(3) 52.222-42, Statement of Equivalent Rates for Federal

Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-43, Fair Labor Standards Act and Service Contract

Labor Standards -- Price Adjustment (Multiple Year and Option

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Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

(5) 52.222-44, Fair Labor Standards Act and Service

Contract Labor Standards -- Price Adjustment (May

2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(6) 52.222-51, Exemption from Application of the Service

Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May

2014) (41

U.S.C. chapter 67).

(7) 52.222-53, Exemption from Application of the Service

Contract Labor Standards to Contracts for Certain Services--

Requirements (May 2014) (41 U.S.C. chapter 67).

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015)

(E.O. 13658).

(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017)

(E.O. 13706).

(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42

U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart

4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating

16-22 to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal

Confidentiality Agreements or Statements (Jan 2017) (section 743 of

Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-

91).

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

(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include

52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May

2014) (E.O. 13495). Flow down required in accordance with

17-22 paragraph (1) of FAR clause 52.222-17.

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

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

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

(xi) 52.222-40, Notification of Employee Rights Under the

National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019)

(22 U.S.C. chapter 78 and E.O. 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service

Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41

U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service

Contract Labor Standards to Contracts for Certain Services--

Requirements (May 2014) (41 U.S.C. chapter 67)

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

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

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

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

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

(xx) 52.225-26, Contractors Performing Private Security

Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10

18-22

U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause

52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or

(d) of this clause” in the redesignated paragraph (d) to read

“paragraphs (a), (b), and (c) of this clause”.

Alternate II (Jan 2019). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and

(e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate

Inspector General appointed under section 3 or 8G of the Inspector

General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs

(a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P128_20650

19-22

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(A) 52.203–13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(B) 52.203-15, Whistleblower Protections Under the American

Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other

Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(D) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15

U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(E) 52.222-21, Prohibition of

Segregated Facilities (Apr 2015).

(F) 52.222–26, Equal

Opportunity (Sep 2016) (E.O.

11246).

(G) 52.222–35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(H) 52.222–36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(I) 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.

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

(K) (1) 52.222-50, Combating Trafficking in Persons (Jan 2019)

20-22

(22 U.S.C. chapter 78 and E.O. 13627).

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

(L) 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).

(M) 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).

(N) 52.222–54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).

(O) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(P) 52.222-62, Paid sick Leave Under Executive Order

13706 (Jan 2017) (E.O. 13706). (Q) (1) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(2) Alternate I (Jan 2017) of 52.224-3

(R) 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).

(S) 52.226–6, Promoting Excess Food Donation to Nonprofit

Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226–6.

(T) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial

Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247–

64.

XVII. BASIS FOR AWARD

A. 52.212-2 -- Evaluation -- Commercial Items.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

Evaluation -- Commercial Items (Oct 2014)

21-22

The Government will award a 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:

Best value to Government, based on location, size of facility, past performance review,

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

(iii) past performance (see FAR 15.304);

Technical and past performance, when combined, are: equal in importance to price

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).

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.