12444821Q0028 WERC Janitor Services Solicitation.pdf

Schedule of Items/Price Schedule Attached x

12444821Q0028 WERC Janitorial Solicitation

REGION 9 S&PF/MORGANTOWN FIELD

OFFICE/WOOD EDUCATION AND RESOURCE

CENTER, WERC JANITORIAL SERVICES

Method of Solicitation:

Request for Quotation (RFQ).

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation and incorporated provisions and clauses are those in effect through the most current Federal Acquisition Circular FAC 2021- 05.

Responsible sources may submit a quotation which, if timely received, shall be considered by this agency.

North American Industry Classification (NAICS): 561720 (Janitorial): Size Standard is $19.5

Set Aside: 100% small business set-aside.

General Information: The intent of this solicitation is to obtain quotes for Janitorial Services.

Provide quote by: 5:00 PM, Central Standard Time on August 27, 2021.

DOCUMENTS TO RETURN:

The following documents shall be submitted by the offeror for evaluation to be considered responsive: Technical proposal, a price proposal, and past performance.

Send quote to: Procurement & Property Services (PPS) East Zone, Area 9 Service & Supply, David Easter david.easter@usda.gov

12444821Q0028 WERC Janitorial Solicitation mailto:david.easter@usda.gov

Schedule of Items/Price Schedule

BASE PERIOD 10/01/2021 – 09/30/2022

Item

Description

Qty

Unit

Unit Price

Extended Price

0001 Restroom Services (2 days/week) 52 WK

0002 General Services (2 days/week) 52 WK

0003 Semi-Annual Services (2/yr) 2 EA

Option Year 1: 10/01/2022 - 09/30/2023

Option Year 2: 10/01/2023 - 09/30/2024

Option Year 3: 10/01/2024 - 09/30/2025

Option Year 4: 10/01/2025 - 09/30/2026

Except as noted under Government-furnished Property, the Contractor shall provide all management, tools, equipment, labor, supplies, incidentals, permits and license necessary to ensure custodial services are performed at the Wood Education and Resource Center in a manner that will maintain a satisfactory facility condition and present a clean, neat and professional appearance.

The contract will commence approximately October 1, 2021 and continue through September 30, 2022 with four additional option years.

LOCATION DESCRIPTION.

Services are to be performed for the following facilities:

Wood Education and Resource Center, 301 Hardwood Lane, Princeton, WV 24740, consisting of the following:

Building Description Estimated Use / Occupancy

Main Office Building Shop Building

Square Feet: 9,449 Floor Covering: Carpet, Tile, Laminate Offices: 11 Conference and work spaces: Unspecified quantity Restrooms: 4 (will update) Kitchen: 1

Year round: 12 employees Minimal Public Use

Training Center

Square Feet: 2,596 Floor Covering: Carpet, Tile, Laminate Offices: 0 Conference and work spaces: 1 Training Room Restrooms: 2 (will update)

Scheduled Use

HOURS OF OPERATION

Services shall be performed two times a week between the hours of 6:00 P.M. and 6:00 A.M, so as not to interfere with regular Government business hours;

1. One cleaning over the weekend or early Monday morning;

2. A second cleaning on Tuesday evening or Wednesday morning.

Performance outside the above hours requires approval by the Government.

Closures and Holidays No work will be performed on Federal holidays without prior approval of the Contracting Officer (CO). In the event services are not provided or required because the facility is closed due to inclement weather, unanticipated holidays declared by the President, failure of the Congress to appropriate funds, etc., the CO shall either:

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

2) Forego the work and reduce payment to the Contractor for work not performed.

The deduction rate in dollars per day shall be equal to the “per month” fixed price divided by 8 days per month and then multiplied by the number of days services were not provided. Appropriate adjustments will be made by the CO in the event services are provided for portions of days, or

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

Federal Holidays:

1. New Year’s Day

2. Martin Luther King, Jr. Birthday

3. Presidents’ Day

4. Memorial Day

5. Independence Day

CONTRACTOR REPRESENTATIVE.

6. Labor Day

7. Columbus Day

8. Veteran’s Day

9. Thanksgiving Day

10. Christmas Day

The Contractor shall provide a Contract Representative for the performance of the work. The name of this person and an alternate(s) who shall act for the Contractor when the Contractor is absent shall be designated in writing to the Contracting Officer. The Contractor Representative or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contractor Representative and alternate(s) must be able to read, write, speak, and understand English.

CONTRACTOR PERSONNEL.

Contractor shall provide the Government with names of employees that will be performing this service. If changes to employees are made, the Government Representative shall be informed of these changes.

Only the Contractor and the Contractor’s employees are authorized to be in the building and areas surrounding the building, such as the parking lot. Children and pets are not allowed in the building or surrounding area.

Exceptions must be approved by Government Representative. Any equipment in the building, such as but not limited to, radios, typewriters, computers, telephones or copy machines shall not be used by the Contractor or the Contractor’s employees.

SECURITY

a. Keys and codes. The contractor will be provided keys and codes or allowed access to all areas and rooms requiring cleaning. Keys provided to the contractor shall not be duplicated. In the event a key is lost or duplicated, all locks and keys on that system shall be replaced by the Government. The contractor shall be responsible for the total cost involved in replacing keys and cores. The contractor shall be responsible for immediately reporting the occurrence of a lost key to the Contracting Officer Representative (COR).

b. Contractor employees shall not allow any unauthorized person the use of any key or code in their possession. They shall not open locked rooms or areas to permit entrance by persons other than contractor employees performing assigned duties. All rooms/areas required to be locked shall not be left unattended during the cleaning process and shall be relocked by contractor personnel after completing cleaning duties.

c. Contractor personnel shall turn off all lights in unoccupied areas after cleaning is performed. Ensure areas are secured, windows are closed and locked and the alarm is set. The Contracting Officer or designee shall be notified of any unlocked doors or windows during his/her duty hours.

d. Any person requiring unescorted access in a government facility must undergo a background investigation and PIV (Personal Identity Verification) by the agency. The Forest Service will encumber the expense of this investigation for the primary janitor and one substitute. The contractor will be billed for each subsequent hire whether it is a replacement, subcontractor or fill-in janitor. There will be no refund for a contractor employee who does not pass the investigation. The current amount for a background investigation is $182.00 but is subject to change. Any government ID issued in conjunction with this contract will be returned with 24 hours of the completion or otherwise conclusion of this contract.

QUALITY CONTROL.

The Contractor shall develop and maintain a quality control program to ensure custodial services are performed in accordance with commonly accepted commercial practices. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The quality control plan shall, at a minimum, include:

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

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

c. A method for ensuring all keys and/or security access codes issued to the Contractor by the Government are not lost, misplaced, and are not used by unauthorized persons.

d. A file of all inspections conducted by the Contractor and the corrective actions taken. This documentation shall be made available to the Contracting Officer Representative for review upon request.

QUALITY ASSURANCE.

All work shall meet the standards specified herein and according to the attached Standards of Cleanliness spreadsheet. The Government will receive and investigate complaints from various building occupants. All information received will be provided either verbally and/or in writing to the contractor for appropriate action.

All incentives and penalties will be judged according to the below Requirements Summary.

PERFORMANCE REQUIREMENTS SUMMARY (PRS)

Performance Requirement

AQL

Monitoring Method

Deductions for

Not Meeting AQL

Contractor adheres to approved cleaning schedule

Minimum Acceptable

Quality Level:

100%

Unannounced inspection, direct observation or substantiated reports.

No payment for missed service day and 5% of monthly invoice deducted from payment per calendar day service is not completed.

Contractor performs all periodic cleaning tasks identified in Section 4:

Performance Work Statements and Tasks

Minimum Acceptable

Quality Level: 95%

Unannounced inspection, direct observation or substantiated complaints by building occupants.

Invoice shall be deducted 1% of the total monthly amount for each occurrence above one per month.

Chemicals are to be utilized per manufacturer’s instruction.

No improper mixing of chemicals.

No unlabeled containers or chemicals.

No improper storage of chemicals or chemicals left unattended by contractor in compliance with all applicable laws and regulations.

Only utilize chemicals that have been preapproved by COR.

Minimum Acceptable

Quality

Unannounced inspection, direct observation and COR review of submitted reports or substantiated complaints by building occupants.

Invoice shall be deducted 10% of the total monthly amount for each substantiated discrepancy.

Building occupant and contractor safety are of paramount importance.

Contractor adheres to all requirements identified in Section5: Other Requirements

Minimum Acceptable

Quality

Review of submitted reports or substantiated complaints by building occupants.

1% of monthly invoice deducted from payment for each occurrence.

GOVERNMENT FURNISHED PROPERTY, MATERIALS, SERVICES

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.

No. Property Description Qty Location Date Available

1 Building Key 1 Work Site First day of work *TBD means To Be Determined at a later date and time

Space will be assigned, as available in the building, for the storage of inventory of supplies and equipment, which will be used in the performance of work under the contract.

The Government will furnish electricity, water and dumpster/garbage removal service for required activities related to the contract only.

CONTRACTOR FURNISHED ITEMS/SERVICES

Contractor shall furnish all labor, equipment, materials, supplies (including consumable items), supervision, transportation, employee training and incidentals, except those listed under Government furnished, necessary to perform janitorial services in accordance with the terms, conditions and specifications herein and comply with federal or state Occupational Safety and Health Standards and fire regulations.

The government shall not be held responsible for any item of Contractor’s equipment which may be lost, damaged or stolen. The Contractor shall tag or otherwise clearly mark all contractor owned equipment for identification.

Contractor furnished consumable items include: Toilet Paper Rolls, Paper Hand Towels, Room Deodorizers, Trash Bags, Wastebasket Liners, Paper Toilet Seat Covers and Hand Soap.

ABILITYONE PRODUCTS

Contractor shall utilize cleaning/sanitary supplies from AbilityOne per FAR 52.208-9.

BIOBASED PRODUCTS

In the performance of this contract, the Contractor shall make maximum use of biobased products (see FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013), unless the product cannot be acquired – Competitively within a time frame providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price.

A. Chemical Products

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA); Food, Conservation, and Energy Act of 2008; Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” EO 13514, “Federal Leadership in Environmental, Energy, and Economic Performance;” and the Federal Acquisition Regulation to provide biobased products.

All custodial cleaning products used shall be biobased and meet as a minimum, Green Seal Product Standards (http://www.greenseal.orgl). Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content standards as listed below:

Adhesive and Mastic Removers (BP) 58% - Minimum Biobased Content Graffiti and Grease Removers (BP) 34% - Minimum Biobased Content Hand Cleaners(BP) 64% - Minimum Biobased Content Hand Sanitizers (BP) 73% - Minimum Biobased Content Sorbents (BP) 89% - Minimum Biobased Content Carpet, Upholstery Cleaners General Purpose (BP) 54% - Minimum Biobased Content Carpet, Upholstery Cleaners Spot Removers (BP) 7% - Minimum Biobased Content Glass Cleaners (BP) 49% - Minimum Biobased Content Bathroom Cleaners (BP) 74% - Minimum Biobased Content Floor Strippers (BP) 78% - Minimum Biobased Content Dust Suppressants (BP) 85% - Minimum Biobased Content

Contractor shall provide a list of all chemical products proposed for use under this contract to the COR for review and approval prior to use. If it is determined that a product does not meet Government performance requirements, the Contractor shall submit a proposed alternative that would meet the performance requirements with the lowest environmental impact for evaluation and acceptance. Any products currently in use that do not meet minimum biobased standards shall be replaced once the current supply is exhausted. The Contractor shall not use any materials, chemicals, or compounds which the COR determines would be unsuitable for the intended purpose or harmful to the surfaces to which applied or, as might be the case for such items as paper or soap products, unsatisfactory for use by occupants.

The Contractor shall maintain the smallest possible inventory of chemical products as necessary to meet immediate needs. All chemical containers will have the appropriate label, tag or marking prominently displayed that indicates the identity, safety and health hazards. The label used to identify the product must be identical to the product name on the safety data sheets (SDS).

NO UNLABELED CHEMICALS ARE PERMITTED FOR USE ANYWHERE WITHIN THE FACILITY.

NO UNLABELED CONTAINERS ARE PERMITTED.

USE OF PORTABLE CONTAINERS IS PERMITTED BUT MUST BE PROPERLY LABELED.

At the start of the contract, the Contractor shall provide the COR of an inventory of all cleaning products and chemicals to be used and stored on the premises. The inventory shall include the following information and shall be updated when product(s) are added or removed from use:

1. Name of manufacturer

2. Brand Name

3. Intended Use

4. Chemical Trade Name

5. Quantities stored on-site and location of storage area

6. Copies of the product(s) (SDS) Safety Data Sheets

B. Non-Chemical Products The Contractor shall maintain an inventory of non-chemical products necessary to meet the needs for at least two (2) weeks.

All non-chemical products proposed for use under this contract must conform to the Environmental Protection Agency (EPA) Comprehensive Procurement Guidelines (CPG) (http://www.epa.gov/cpg) for recovered

12444821Q0028 WERC Janitorial Solicitation http://www.epa.gov/cpg)

Solicitation Number: 124448Q

(Recycled) content, if the products are CPG-designated items. Requirements for bathroom tissue, paper towels, and trash bags are explicitly stated below:

NON-CHEMICAL PRODUCT MINIMUM STANDARD

Bathroom Tissue 20-100% recovered fiber, including at least 20-60% post-consumer fiber Paper Towels 40-100% recovered fiber, including at least 40-60% post-consumer fiber Plastic trash bags 10-100% post-consumer content

For non-chemical products that are not CPG-designated, it is desirable for those products to meet the desired objective (e.g., ability to clean effectively) and contain the highest-possible amounts (by percentage) of recovered material(s) and post-consumer content, unless specific content requirements are set by the Forest Service. Additional information on recycled content products is available at the California Integrated Waste Management Board's Recycled-Content Product Directory webpage (http://www.ciwmb.ca.gov/rcp/).

C. Equipment The Contractor shall furnish all necessary cleaning equipment including: power-driven floor-scrubbing machines, waxing and polishing machines, vacuum cleaners, protective gloves, safety glasses, and any other safety equipment needed to execute the contract. If available, equipment utilized under this contract shall be Energy Star qualified or meet the Department of Energy's Federal Energy Management Program (FEMP) Energy-Efficient product requirements.

All equipment shall be of the size, type, and condition customarily used in this work, shall conform to all applicable safety codes, and shall meet the approval of the COR. All vacuum cleaners shall be equipped with High Efficiency Particulate Air (HEPA) filters able to trap at least 99.97 percent of all particles 0.3 microns in size and larger that are collected by the vacuum cleaner. All vacuum cleaners used during normal office hours (7 a.m. to 6 p.m.) shall be rated to produce noise levels no greater than 65 dB (average) at a distance of 6' 6" from the unit.

The Contractor is responsible for maintaining all equipment in good working order, in accordance with manufacturer recommendations. HEPA filters in vacuum cleaners will be changed on a regular basis in accordance manufacturer specifications so as to maintain optimal performance. Any defective equipment shall be brought to the attention of the COR within two hours of knowledge by the Contractor, and repaired or replaced at the Contractor's expense within 72 hours.

D. Reporting Requirement In accordance with FAR 52.223-2, Contractors are required to report their purchases of biobased products for each contract using the reporting portal within the System for Award Management (SAM) at http://www.sam.gov.

12444821Q0028 WERC Janitorial Solicitation http://www.ciwmb.ca.gov/rcp/ http://www.sam.gov/

- Reporting must be completed by the end of October for the previous entire fiscal year (October 1 - September 30).

PERFORMANCE WORK STATEMENT AND STANDARDS

The janitorial services shall be performed in accordance with the following specifications at the frequencies prescribed.

Restroom Services Performed two (2) days a week for all buildings:

The Contractor shall accomplish all cleaning task to meet the requirement of this Performance Work Statement.

a. Fixtures, metal chrome surfaces, doorplates, door knobs/handles, mirrors, shelving, and dispensers shall maintain a high level of luster, if applicable, and be free of dust, mold, mildew, streaks, rust, and encrustation.

b. Water closets, urinals, washbasins/sinks, shower stalls, shower doors, interior, exterior, top and underneath side of seats, rims, bowls, flush valves, drains, and connecting pipes shall maintain a high level of luster, and be free of odor dust, mold, mildew, streaks, rust and encrustations.

c. Walls, doors, vents, and sills shall be free of dust, dirt, soap spills and other foreign matter. The full surface area of all stall partitions, doors, and waste receptacles shall be damp wiped utilizing a multipurpose (disinfectant- deodorizer) cleaner.

d. Restroom supplies, including paper towels, toilet paper, and liquid hand soap, toilet seat covers shall be replenished as needed to maintain an adequate supply at all times.

e. Trash shall be collected and put into government provided dumpster. Waste receptacles shall be lined and kept free of trash, dirt, stains, and debris.

f. Flooring, base molding, and walls shall be free of dirt, debris, all types of marks, and foreign matter, damp mopped, and washed as the only method of wet cleaning, using disinfectant cleaner.

g. Lighting and outlets; Malfunctioning fixtures shall be reported to the COR immediately.

General Services Performed two (2) days a week for all buildings:

The Contractor shall accomplish all cleaning task to meet the requirement of this Performance Work Statement.

a. Surfaces, less than 70 inches, will be free of obvious dust, dirt, oil spots, or smudged surfaces. Assure that walls, baseboards, counters, crevices, moldings, ledges and other surfaces remain free of spots, residue, and marks.

b. Surfaces, greater than 70 inches, free of obvious dust and cobwebs. This does not include removal of vents, tiles, or fixtures to accomplish high cleaning. Cobwebs shall be removed from all walls and ceilings with special pole to extend to height of sky light. Cobwebs and dust shall be removed from all wall return air vents.

c. Wood doors and other wood surfaces shall be free of obvious dirt, stains, and streaks.

d. Metal door knobs, push bars, thresholds, kick plates, railings, and other metal surfaces shall be free of obvious dirt, stains, and streaks.

e. Trash shall be collected from work areas and put into government provided dumpster. Trash containers shall be lined and free of trash, dirt, stains, and debris.

f. Carpeted floors, including areas under desks and chairs, shall be spot cleaned as needed and vacuumed clean, free of dust, visible dirt, and other debris and removable stains.

g. Non carpeted floors: sweep and damp mop floors, to ensure they are free of debris, spills, grime, grease, and scuff marks. This includes under chairs and tables.

h. Kitchen areas: Counter and sink surfaces shall be cleaned with a disinfectant cleaner.

Counter and stainless-steel sink surfaces shall maintain a high level of luster, if applicable, and be free of dust, mold, mildew, streaks, rust, and encrustation. Molding shall be free of dirt, debris, all types of marks, and foreign matter.

i. Kitchen supplies, including paper towels and liquid hand soap shall be replenished as needed to maintain an adequate supply at all times.

j. Ledges and sills shall be cleaned free of dust, debris and cobwebs.

k. Lobby doors and adjacent windows shall be cleaned to remove fingerprints, smudges, grease, and streaks.

l. Entryway mats and carpet runners are to be vacuumed.

m. Exterior entryways, including door mats, are to be swept.

n. All trash receptacles located externally at building entrances shall be emptied, cleaned free of odor and liners replaced.

Services Performed two (2) times a year for all buildings:

The Contractor shall accomplish all cleaning task to meet the requirement of this Performance Work Statement.

Scheduling Requirement:

Initial service performed during the month of October.

Second service performed during the month of May.

Both services shall be scheduled with the Government at least two weeks in advance of services being performed.

a. Carpet Cleaning: all carpet areas shall be shampooed with a commercial machine leaving them free of obvious removable spots, stains, soiled traffic pattern, dirt, debris, gum, and crusted material. There are to be no areas of deterioration or fuzzing to the carpet and rug as a result of harsh brushing or scrubbing. Cleaned area of carpets and rugs should reasonably blend with surrounding carpet. Carpets shall be dried within 24 hours.

b. Non carpet areas: old finish shall be completely removed, taking care to not splash or mar furniture, baseboards or walls during process. Wash and apply slip-resistant, non-buffing emulsion wax or other comparable floor finish to all tiled or linoleum covered floor surfaces, taking care to not splash or mar furniture, baseboards or walls during process This will require the movement of furniture by the Contractor.

Wax and cleanser to be supplied by Contractor.

c. Exterior and Interior Window Cleaning: windows shall be cleaned in a manner keeping them clear from steaks, film, stains, and mineral deposits. Window sills and surrounding woodwork shall be left clear of oblivious drippings or water marks.

d. Blinds and draperies: vacuum or dust draperies and blinds in place. Damp wipe blinds to remove all residual dust and film from blinds.

OTHER REQUIREMENTS:

All items are contained in this subsection are required to be provided by the contractor by the listed deadline and are subject to penalties for delinquency.

Deliverable Description of Requirement

Cleaning Inventory Supply list

A full list of chemicals to be utilized in execution of contract and all associated (SDS) Safety Data Sheets provided to COR No later than post award conference

Biobased Product Report

Contractors are required to report their purchases of biobased products for each contract using the reporting portal within the System for Award Management (SAM) at http://www.sam.gov by October each year for the prior Government Fiscal Year.

Contractor Quality Control program Written submission of program

No later than 5 days prior to starting date of contract http://www.sam.gov/

Provide Reports / Job related data upon request

Contractor is required to provide reports and job related data within 3 business days of request. Reports may include but are not limited to: hours worked, supplies consumed, accident reports, summary of quality assurance program results, summary of complaints, etc.

List of Employees / Proof of Training / Background Checks / Security Clearance

Contractor shall provide comprehensive list of employees, by contract location, prior to the start of the contract. The employee list must include good contact phone numbers for each employee as well as all completed training as proof of compliance with all applicable laws and requirements.

All contracted employees must go through the identity proofing and registration process, and must have been successfully identity proofed, and have a successfully adjudicated NACI or OPM/NS BI to serve on the contract.

-END OF STATEMENT OF WORK-

CONTRACT CLAUSES

52.212-1 Instructions to Offerors – Commercial Items (JUN 2020) (Provision)

Addenda to provision 52.212-1:

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

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

2) Offers submitted in response to this solicitation shall include a technical proposal, a price proposal, and past performance.

a) Technical Proposal – The technical proposal shall address the evaluation factors in 52.212-2. At a minimum technical proposal shall include:

i) Past Performance – provide a list of similar projects completed by your firm over the past three years. Include a brief description of the project, dollar amount, year completed, and project owner contact information (name, phone, and email).

ii) Technical Capability – Provide a list of equipment and key personnel (with qualifications) that will be used to complete this project.

12444821Q0028 WERC Janitorial Solicitation https://www.sam.gov/SAM/

iii) Biobased; Environmentally Preferable; Greenhouse Gas Reduction Plan.

b) Price Proposal – Include the following: 1) the completed price schedule contained in this solicitation, 2) Acknowledge any amendments issued on sam.gov for this solicitation by completing and signing the posted SF-30.

3) Submit offer by email to david.easter@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 4 separate attachments (Technical Proposal, Price Proposal, Environmental Attributes, and Representations and Certifications) in Microsoft Word or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer from david.easter@usda.gov

4) Address questions about this solicitation to David Easter at david.easter@usda.gov

52.212-2 Evaluation – Commercial Items (OCT 2014) (Provision)

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

Technical Past Performance Environmental Cost or Price

Technical, Environmental, and Past Performance, when combined, are “Approximately equal to cost or price.”

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 Offeror Representations and Certifications – Commercial Items (FEB 2021) (DEVIATION JUL 2020) (Provision)

12444821Q0028 WERC Janitorial Solicitation mailto:david.easter@usda.gov

If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2)The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018)

Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in

DEVIATION 2017-1 (AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

12444821Q0028 WERC Janitorial Solicitation http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JAN 2021) (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 items:

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (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 items:

☐ (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 (Jun 2020) (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. (Jun 2020) (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 (Mar 2020) (15

U.S.C.657a).

☐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.

☐ (11)(ii) 52.219-3 Alternate I (Mar 2020) of 52.219-3.

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

Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (ii) Alternate I (Mar 2020) of 52.219-4.

☐ (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 (Jun 2020) (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 (Jun 2020) 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 (Mar 2020) (15 U.S.C.637(a)(14)).

[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 (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 (Mar 2020) (15 U.S.C. 657f).

☐ 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.

☒ (22) (i) 52.219-28, Post Award Small Business Program Representation (Nov 2020) (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 (Mar 2020) (15 U.S.C. 637(m)).

[Contracting Officer check as appropriate.] ☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).

[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.

☐ (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 (Mar 2020) (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 2020)

(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 (Oct 2020) (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 (Oct 2015). (Executive Order 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.)

☐ (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 (Jan 2021) (41 U.S.C. chapter 83).

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 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.

☐ (iii) (ii) Alternate II (May 2014) (DEVIATION JUL 2020) of 52.225-3.

☐ (iv) (iii) Alternate III (May 2014) 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 Items (Feb 2002) (41

U.S.C.4505, 10 U.S.C.2307(f)).

☐ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (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 (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:

☒ (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

WG (Wage Grade) 02/01

(Grade 02, step 01)

Wage Grade dated 9 May 2021

$14.52 per hour

☒ (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).

12444821Q0028 WERC Janitorial Solicitation http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

☒ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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 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 (Jun 2020) (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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (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…