Attachment 1 - Solicitation Terms and Conditions.docx
DOCX document 47 KB Posted
- Attached to
- MOF, White Sulphur - Janitorial Services
- Solicitation number
- 12444325Q0073
- Issued by
-
Department of Agriculture Forest Service
About this file
This document is an Attachment 1 - Solicitation Terms and Conditions for a janitorial services contract issued by the Department of Agriculture Forest Service. The solicitation (Number 12444325Q0073) is for janitorial services at 1079 East Main St in White Sulphur Springs, WV, and is set aside exclusively for small business concerns. The contract is anticipated to be a firm-fixed price requirements contract with one base year and four one-year option periods, not exceeding five total years, with the government intending to make a single award.
Key evaluation criteria include technical approach, price fairness, and past performance, with award going to the highest technically rated offeror with fair and reasonable pricing. The contractor will be responsible for supplying all cleaning equipment, products, and refillable items like hand soap, trash bags, and bathroom tissue. Quotation questions are due by December 30, 2025, at 5:00 PM ET, and must be submitted via email to joseph.foster@usda.gov. The small business size standard for this opportunity is $19.5M, with the North American Industry Classification Standard Code 561720, and the wage determination for a janitor is listed at $14.51 per hour with 16-20% fringe benefits.
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Other files
| File | Type | Posted |
|---|---|---|
| Attachment 1 - Solicitation Terms and Conditions.pdf | ||
| Attachment 2 - Statement of Work.docx | DOCX document | |
| Attachment 3 - Schedule of Items.xlsx | XLSX spreadsheet | |
| Attachment 4 - Wage Determination.pdf |
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Text version
Attachment 1 - Solicitation Terms and Conditions Solicitation Number:
MOF, WSRD – Janitorial 12444325Q0073 Statement of Requirement
Please see Attachment 2 - Statement of Work and Attachment 3 - Schedule of Items
Technical Data -
1. Solicitation Attachments The following documents are included as attachments to this solicitation and can be accessed via the “Attachments/Links” section of the posting.
· Attachment 1 – Solicitation Terms and Conditions
· Attachment 2 – Statement of Work (SOW)
· Attachment 3 – Schedule of Items (SOI)
· Attachment 4 – Wage Determination
Service Delivery Information
1079 East Main St White Sulphur Springs, WV 24986
Award Type
It is anticipated that a firm-fixed price requirements contract consisting of one (1) one-year base period and four (4) one-year option periods shall be awarded as a result of this synopsis/solicitation. The total duration of this contract shall not exceed five (5) years.
The Government intends to make one award from this solicitation. Therefore, to be considered responsive, contractors must submit pricing for all items.
Evaluation and Basis for Award
The provision at FAR 52.212-2, Evaluation—Commercial Products and Commercial Services is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 12.203 based on the criteria listed below. Award will be made to the offeror representing the best value to the Government.
Evaluation Criteria The provision at FAR 52.212-2, Evaluation—Commercial Products and Commercial Services is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 12.203 based on the criteria listed below. Award will be made to the offeror with the highest technically rated quotation with fair and reasonable pricing and acceptable or neutral past performance.
Technical Approach: The technical approach will evaluate the ability of the offeror to provide a sound, compliant, approach to the requirements and shows a thorough understanding of them. It is the contractor's responsibility to ensure their quotation clearly demonstrates their capability to meet these requirements. All offerors must provide the following minimum information and documentation with their quotations to be considered responsive and have their offers evaluated:
· Ability of the offeror to meet the delivery requirements listed in the Statement of Work (SOW).
· Detailed explanation of any requirement listed in the SOW that cannot be successfully accomplished by the offeror.
Evaluation:
Price: The offeror’s quotation will be evaluated in accordance with FAR 12.204, to determine if it is fair and reasonable.
Past Performance:
The Government may utilize any references provided by the Contractor, along with information available from past contracts/orders with the USDA and any information found using sources such as Federal Government sources or the Contractor Performance Assessment Reporting System (CPARS) to determine if the Contractor has acceptable or neutral Past Performance. Past Performance will be evaluated using the following rating system:
• Acceptable: The contractor shows a demonstrated ability to meet contract requirements in prior or current contracts, including quality of work, timeliness, cost control, business relations, and adherence to contract terms.
• Neutral: Offeror does not have a past performance record.
• Unacceptable: The contractor has a documented history of failing to meet contract requirements, including poor quality, missed deadlines, cost overruns, lack of responsiveness, or unethical behavior.
Evaluation Method:
All quotations will be evaluated to identify the offeror presenting the most technically advantageous solution based on the stated evaluation criteria. Once the highest technically rated offeror is identified, their price will be evaluated to determine whether it is fair and reasonable. Past performance will also be assessed to ensure it is acceptable or neutral.
Award will be made to the offeror whose proposal is determined to be the highest technically rated, provided that:
· The proposed price is fair and reasonable, and
· Past performance is assessed as acceptable or neutral.
Award will not necessarily be made to the lowest-priced offeror. Tradeoffs will not be conducted.
Federal Acquisition Regulation (FAR) and United States Department of Aquiculture Acquisition Regulation (AGAR) Clauses and Provisions The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions. Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.
As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.
52.252-1 Solicitation Provisions Incorporated by Reference Feb 1998 This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52
52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (Nov 2025)
FAR 52.212-1 is amended as follows:
Period for acceptance of offers.
The Offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.
Questions Questions shall be submitted via email to joseph.foster@usda.gov and are due no later than December 30, 2025, at 5:00 PM ET. This will ensure enough time to respond before the solicitation period ends. Please include the solicitation name and number as the subject line of the email.
The following provisions are applicable if checked
| ☐ 52.203-11 | Certification and Disclosure Regarding Payments to Influence Certain Federal | Transactions (Sep 2024) |
| ☒ 52.204-7 | System for Award Management—Registration (Nov 2025) |
☐ Alternate I (Nov 2025) to 52.204-7
| ☐ 52.204-90 | Offeror Identification (Nov 2025) | |||
| ☒ 52.207-6 | Solicitation of Offers from Small Business Concerns and Small Business Teaming | Arrangements or Joint Ventures (Multiple-Award Contracts) (Aug 2024) | ||
| ☐ 52.209-12 | Certification Regarding Tax Matters (Oct 2025) | |||
| ☐ 52.219-2 | Equal Low Bids (Nov 2025) | |||
| ☐ 52.222-18 | Certification Regarding Knowledge of Child Labor for Listed End Products (Feb | 2021) | ||
| ☐ 52.222-48 | Exemption from Application of the Service Contract Labor Standards for | Maintenance, Calibration, or Repair of Certain Equipment–Certification (Nov 2025) | ||
| ☐ 52.222-52 | Exemption from Application of the Service Contract Labor Standards for Certain | Services-Certification (Nov 2025) | ||
| ☐ 52.222-56 | Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020) | |||
| ☒ 52.223-4 | Recovered Material Certification (May 2008) | |||
| ☐ 52.225-2 | Buy American Certificate (Oct 2022) | |||
| ☐ 52.225-4 | Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Nov 2025) | |||
| ☐ 52.225-6 | Trade Agreements-Certificate (Feb 2021) | |||
| ☐ 52.226-3 | Disaster or Emergency Area Representation (Nov 2007) | |||
| ☐ 52.229-11 | Tax on Certain Foreign Procurements—Notice and Representation (Jul 2025) |
Other Applicable FAR Provisions
| 52.217-5 | Evaluation of Options (Nov 2025) |
| 52.237-1 | Site Visits (Apr 1984) |
Site visits are available by appointment. Please contact Joseph Foster at joseph.foster@usda.gov
AGAR Provisions
52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation 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 the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52
| 52.212-4 | Terms and Conditions—Commercial Products and Commercial Services (Nov 2025) | ||
| ☐ Alternate I (Nov 2025) of 52.212-4 | |||
| 52.203-17 | Contractor Employee Whistleblower Rights (Nov 2023) | ||
| 52.203-19 | Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements | (Jan 2017) | |
| 52.222-50 | Combating Trafficking in Persons (Nov 2025) |
☐ Alternate I (Nov 2025) of 52.222-50
| 52.226-8 | Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) |
| 52.232-40 | Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) |
| 52.233-3 | Protest After Award (Sep 2025) |
| 52.233-4 | Applicable Law for Breach of Contract Claim (Sep 2025) |
| 52.240-91 | Security Prohibitions and Exclusions (Nov 2025) |
☐ Alternate I (Nov 2025) of 52.240-91 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)
The following provisions are applicable if checked:
☐ 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) ☐ Alternate I (Nov 2021) of 52.203-6
| ☐ 52.203-13 | Contractor Code of Business Ethics and Conduct (Nov 2021) | ||
| ☒ 52.203-17 | Contractor Employee Whistleblower Rights (Nov 2023) | ||
| ☐ 52.204-9 | Personal Identity Verification of Contractor Personnel Jan 2011 | ||
| ☐ 52.204-13 | System for Award Management—Maintenance (Nov 2025) | ||
| ☐ 52.204-91 | Contractor identification (Nov 2025) | ||
| ☒ 52.209-6 | Protecting the Government’s Interest When Subcontracting with | ||
| Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) | |||
| ☐ 52.209-9 | Updates of Publicly Available Information Regarding Responsibility | ||
| Matters (Sep 2025) | |||
| ☐ 52.209-10 | Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) | ||
| ☐ 52.219-4 | Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Nov | 2025) | |
| ☒ 52.219-6 | Notice of Total Small Business Aside (Nov 2025) |
☐ Alternate I (Mar 2020).
| ☐ 52.219-8 | Utilization of Small Business Concerns (Nov 2025) |
| ☐ 52.219-9 | Small Business Subcontracting Plan (Nov 2025) |
☐ Alternate I (Nov 2025) of 52.219-9.
☐ Alternate II (Nov 2025) of 52.219-9.
☐ Alternate III(Nov 2025) of 52.219-9.
☐ Alternate IV (Nov 2025) of 52.219-9
| ☐ 52.219-14 | Limitations on Subcontracting (Nov 2025) |
| ☐ 52.219-16 | Liquidated Damages—Subcontracting Plan(Nov 2025) |
| ☐ 52.219-33 | Nonmanufacturer Rule (Nov 2025) |
| ☒ 52.222-3 | Convict Labor (June 2003) |
| ☐ 52.222-19 | Child Labor—Cooperation with Authorities and Remedies (Nov 2025) |
| ☐ 52.222-35 | Equal Opportunity for Veterans (Nov 2025) |
☐ Alternate I (Jul 2014) of 52.222-35 ☒ 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025) ☐ Alternate I (Jul 2014) of 52.222-36
| ☐ 52.222-37 | Employment Reports on Veterans (Nov 2025) | |
| ☐ 52.222-40 | Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) | |
| ☐ 52.222-54 | Employment Eligibility Verification (Nov 2025) | |
| ☒ 52.222-62 | Paid Sick Leave Under Executive Order 13706 (Jan 2022) | |
| ☐ 52.223-9 | Estimate of Percentage of Recovered Material Content for EPA-Designated Items | (May 2008) |
☐ Alternate I (May 2008) of 52.223-9
| ☐ 52.223-11 | Ozone-Depleting Substances and High Global Warming Potential | Hydrofluorocarbons (Nov 2025) | |
| ☐ 52.223-12 | Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air | Conditioners (Nov 2025) | |
| ☐ 52.223-23 | Sustainable Products and Services | ||
| ☐ 52.224-3 | Privacy Training (Jan 2017) |
☐ Alternate I (Jan 2017) of 52.224-3 ☐ 52.225-1 Buy American-Supplies (Nov 2025) ☐ Alternate I (Oct 2022) of 52.225-1 ☐ 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2025) ☐ Alternate II (Nov 2025) of 52.225-3.
☐ Alternate III (Nov 2025) of 52.225-3.
☐ Alternate IV (Oct 2022) of 52.225-3
| ☐ 52.225-5 | Trade Agreements (Nov 2023) | ||
| ☐ 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic | or Consular Mission outside the United States (May 2020) | ||
| ☐ 52.225-26 | Contractors Performing Private Security Functions Outside the United States (Oct | 2016) | |
| ☐ 52.226-4 | Notice of Disaster or Emergency Area Set-Aside (Nov 2007) | ||
| ☐ 52.226-5 | Restrictions on Subcontracting Outside Disaster or Emergency Area (Aug 2025) | ||
| ☐ 52.229-12 | Tax on Certain Foreign Procurements | ||
| ☐ 52.232-29 | Terms for Financing of Purchases of Commercial Products and Commercial Services | ||
| (Nov 2021) | |||
| ☐ 52.232-30 | Installment Payments for Commercial Products and Commercial Services | ||
| (Nov 2021) | |||
| ☒ 52.232-33 | Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) | ||
| ☐ 52.232-34 | Payment by Electronic Funds Transfer—Other Than System for Award Management | (Jul 2013) | |
| ☐ 52.232-36 | Payment by Third Party (Nov 2025) | ||
| ☐ 52.240-92 | Security Requirements (Nov 2025) |
☐ Alternate II (Nov 2025) of 52.240-92 ☐ 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2025) ☐ Alternate I (Apr 2023) of 52.247-64.
☐ Alternate II (Nov 2021) of 52.247-64
The Contractor shall comply with the following FAR Clauses for Commercial Services.
| ☒ 52.222-41 | Service Contract Labor Standards (Aug 2018) |
| ☒ 52.222-42 | Statement of Equivalent Rates for Federal Hires (May 2014) |
This Statement is for Information Only:
It is not a Wage Determination
| Employee Class |
| Monetary Wage -- Fringe Benefits |
| Janitor |
| $14.51 16-20% |
| ☒ 52.222-43 | Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) |
| ☐ 52.222-44 | Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) |
| ☐ 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) |
| ☐ 52.222-53 | Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (Nov 2025) |
AGAR Clauses
452.204–70 Modification for Contract Closeout (Nov 2025)
(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (Contracting Officer) 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 Contracting Officer shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.
(b) Upon contract closeout for contracts utilizing SAP: if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer 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 Contracting Officer may also request a “Contractor Release of Claims” be completed by the contractor, although not required for contracts and orders using SAP.) If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 60 days, the Contracting Officer 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.
(c) Upon contract closeout for contracts utilizing anything other than cost reimbursement, if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and a ‘‘Contractor Release of Claims’’ and will be required to provide a signature on both forms. If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 120 days, the Contracting Officer 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.
(End of Clause)
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