12639520Q0067 - Solicitation Pacakage.docx

12639520Q0067 Page | 0 of 45 Combined Synopsis/Solicitation

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

2. This solicitation is for a firm fixed‐price service contract. The period of performance is a base period from March 01, 2020 through February 28, 2021 and 4 (four) possible option years. Quoted prices shall include all costs necessary to perform the work.

3. Simplified acquisition procedures will be used for this requirement per Federal Acquisition Regulation (FAR) Part 13. This requirement is being offered as a Small Business Set-Aside in accordance with Federal Acquisition Regulation (FAR) 52.219-6. In accordance with Agricultural Acquisition Regulation (AGAR) 452.219-70 Size Standard and NAICS Code Information: The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation is:

NAICS Code 561720 Janitorial Services Size Standard $19.5 Mil.

4. Any questions pertaining to this Request for Quotes (RFQ) shall be directed to Jeanine Goral, by email to: Jeanine.J.Goral@usda.gov no later than 4 days before quotes are due.

5. ALL CONTRACTORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) PRIOR TO CONTRACT AWARD. Go to www.sam.gov to register. If already registered, please make sure that your registration is up to date and that you have completed all FAR representations and certifications.

6. You may email your Quote directly to Jeanine Goral before the time specified on the solicitation.

Send quotes to: Jeanine.J.Goral@ usda.gov.

7. The U.S. Department of Agriculture is a tax exempt agency. (Exempt from State and Federal tax) Tax ID Number: 41-0696271. Tax exempt# 4700.

8. Evaluations will be conducted under Simplified Acquisition Procedures (FAR Part 13) with award based on best value (See provision 52.212‐2 for factors).

9. Interested vendors must submit all requested information to be considered for award (See Provision 52.212‐2 at the end of this document for complete information). Quoted price shall include all costs necessary to perform the work. Quoters are responsible for ensuring completeness of quotations. The Government may evaluate solely on the information provided in the quotation. Quotations that include additional terms may be excluded from consideration. Alternate Pricing Schedules will not be considered. Quotations must include a price for all items in the solicitation to be eligible for award. The Government will evaluate offers for award purposes by adding the total price for the options to the total price for the basic requirement. Evaluation of the option(s) will not obligate the Government to exercise the option(s).

10. This solicitation is issued as a 100% small business set‐aside.

11. It is recommended that vendors visit and inspect the site where services are to be performed.

To schedule a site visit, please contact: Peter (Pete) Grace @ 321-745-6490 The hours available are: Monday – Friday from 7:00 am - 3:30 pm / Best Time to Visit: By appointment only, with best opportunities on Thursday or on other days 7:00-8:00 and 2:30-3:30.

INSTRUCTIONS/ NOTES TO OFFERORS

1. Submit quotes by email to Jeanine.J.Goral@usda.gov by the time specified in the solicitation.

· Signed Standard Form (SF) 1449 Schedule or Cover Page. Reference the solicitation number and include company name, address, DUNS number and point of contact information.

· Completed Pricing Schedule. Quoters are responsible for ensuring completeness of quotations. The Government may evaluate solely on the information provided in the quotation. Quotations that include additional terms may be excluded from consideration. Quotations must include a price for all items in the solicitation to be eligible for award). Alternative pricing schedules will not be considered.

· Statement of capability outlining experience in janitorial work of the type included in this contract. The statement must include a list of key personnel (see clause 452.237‐74 ‐Key Personnel) that will be doing the work. The capability statement must demonstrate that the vendor is qualified and capable of doing the work specified (you must include a resume or list experience). Key personnel must also be able to pass a background check.

· Past Performance Information. Provide at least three (3) past performance references for recent and relevant work performed by the quoter within the last three years. Include project title, description, dollar value, dates performed, location, and contact information (name, title, valid email address, and phone). References must be for janitorial services.

· Acknowledgement of any amendments to this solicitation.

2. Submit all questions by email to Jeanine Goral at Jeanine.J.Goral@usda.gov. Questions should be submitted no later than three (3) days prior to the response deadline to ensure adequate time is available to respond and to amend the solicitation if necessary

3. Quoters are urged and expected to inspect the site where the work will be performed. Please submit all questions in writing to Jeanine Goral at Jeanine.J.Goral@usda.gov

4. Vendors must be registered in the System for Award Management (www.sam.gov), including current online representations and certifications, no later than the solicitation response date/time.

5. In accordance with Federal Acquisition Regulation (FAR) Subpart 9.1, a prospective contractor may be requested to provide additional information in order to assist the Government in making a responsibility determination.

6. The U.S. Department of Agriculture Animal and Plant Health Inspection Service (USDA APHIS) is an agency of the Federal Government and is tax exempt (Tax ID # 41‐0696271).

Past Performance References On a separate sheet(s) Please provide up to 3 references for past or current contracts within the last three years (including Federal, State, and local government and private) for efforts similar in size and scope to this solicitation requirement. References must provide the following to be considered:

Contract/Reference Number Company/Entity Name Point of Contact Name, title, phone number Description – Please identify any problems encountered on the contract and what corrective actions were taken.

SELECTION OF CLEANING AND PAPER PRODUCTS

The Contractor shall ensure that all cleaning solutions shall be used in strict conformance with the product's Environmental Protection Agency (EPA) and state requirements. All manufacturers' instructions and recommendations for the use of cleaning solutions shall be strictly followed. In addition, the contractor shall comply with all federal, state, or local laws and regulations concerning the use, storage, and disposal of hazardous materials. The contractor shall minimize the use of harsh chemicals and the release of irritating fumes.

The USDA is mandated by legislation and executive order to purchase products that are good for the environment. Below are minimum requirements for paper products, industrial wipes and trash liners that must be used by Contractors in a USDA service contract. The successful Contractor will be required to meet or exceed the below-listed mandatory environmental- prefer ability criteria. The offered products must meet requirements as stated below:

a. Disposable paper products: The disposable paper products must contain at least 100% recovered materials and 30% post-consumer product and manufactured without the additional use of elemental chlorine or chlorine compounds.

b. Plastic trash bags: Plastic trash bags and other liners with a minimum of 30%·post-consumer recycled content.

c. General purpose industrial wipes: The general purpose industrial wipes must contain at least 100% recovered materials and 40% post-consumer content.

d. Cleaning fluids: Cleaning products shall have highest percentage of bio-based products practicable. The cleaning fluids must be in accordance with Colorado Code of Regulations low VOC cleaning products OR Green Seal Standard GS-37 approved.

FEDERAL REQUIREMENTS

1. All chemicals used will be those commercially available which meet Federal, state, and local codes.

2. The Contractor shall use green cleaning products made with bio-based materials and or recycled materials to the greatest extent possible.

3. Preference should be given to concentrated cleaning chemicals which use ecologically sound packaging and are phosphate-free, non-corrosive, non-flammable, and fully biodegradable.

4. The Contractor will take every precaution to ensure that only safe products are used. Information can be obtained from Federal, state, and local agencies concerning the safety of chemical cleaning materials.

5. Contractor will provide COR with Material Safety Data Sheets (MSDS) as specified in this contract and keep the sheets current for any product that is used in this contract.

6. The Contractor shall use paper products and trash can liners that meet the requirements as described above.

DEFINITIONS

Green Cleaning: A planned and organized approach to cleaning that is designed to protect the occupants ' and workers' health, while at the same time reducing the impact on our environment. Green Cleaning affects all aspects of cleaning to include: stewardship; communication; the selection of cleaning chemicals, janitorial equipment, paper and supplies; plus the procedures and methods in which the cleaning is accomplished, pollution prevention strategies, and other opportunities that when used reduce the impact when compared to traditional cleaning procedures and practices.

Environmentally Preferable: Means products or services that have a reduced effect on human health and the environment when compared with competing product s or services that serve the same purpose.

SAFETY AND SECURITY REQUIREMENTS

All persons employed in the work, while on the premises, shall comply with all building regulations. Contract employees shall wear a USDA issued contractor badge at all times while at the USDA facilities.

Contract employees shall display the badge to USDA personnel while at the USDA facilities. Under no circumstances will contract employees abuse the authority of the badge.

The contractor and contractor employees are responsible for safeguarding all government property provided for use. The contractor shall establish a method to safeguard and ensure that all card keys/keys, badges issued are not lost or misplaced and are not used by unauthorized persons. Keys shall be used only by authorized contractor personnel for contract related purposes. At the end of the contract period, all keys shall be returned to the Government contact person. Keys issued to the Contractor by the Government shall not be duplicated. The Contract manager shall ensure that all badges are returned upon termination of employment or at contract end. The Contractor shall report the occurrence of any lost or stolen Government property immediately to the designated Government contact person. If a key is lost, the lock will be replaced by the Government and the cost deducted from monies due to the Contractor. If the master key is lost or duplicated, the Government will replace all locks and keys for that system.

The contractor shall not employ persons for work on this contract if such employee is considered by the contracting officer to be a potential threat to the health, safety, general well-being or operational mission of Marketing and Regulatory Programs and its population. The contractor shall exercise due diligence in assuring that only trustworthy and reliable persons are allowed to enter the building and that each such person shall have had the Tenant 's rules and regulations reviewed with them regarding the security of Tenant's property .

Due to the nature of work under this contract, it is required that the contractor personnel working under this contract at the USDA facility are subject to satisfactory completion of a background investigation conducted by the Federal Protective Service (FPS). In accordance with USDA regulations, a Basic Law Enforcement background investigation is required prior to starting work under this contract as well as maintaining it throughout the duration of the contract. The contractors will be required to complete the background investigation forms and submit them to the program contact person for submission to the FPS office responsible for processing the background investigations. The USDA APHIS will be responsible for paying for these background investigations.

During the performance of janitorial work herein, the Contractor shall take all reasonable precautions to guard the secrecy of the Tenant's records and information, shall limit access to records and information of the Tenant to authorized employees or agents of the Contractor only, and shall inform all such authorized personnel of the confidential nature of records and information of the Tenant and of the applicable laws regarding security of communication.

ALL CLEANING SUPPLIES WILL BE PROVIDED BY THE VENDOR

In accordance with the Federal Acquisition Regulations (FAR), The Cleaning Contractor can be terminated for default of the terms of this contract or by cause.

Green Cleaning: Executive Order 13423 and Executive Order 13514 require the Federal government to use biobased products and to make its facilities sustainable. There is also a procurement preference for biobased products if they are comparable in price, performance, and availability. Green cleaning, also known as green janitorial or custodial service, is an approach designed to protect the occupants’ and workers' health and reduce the impact on the environment, while delivering service comparable to, or better than, traditional cleaning methods. However, unlike a traditional cleaning program, a green janitorial program goes beyond simple appearances to focus on human health and environmental impacts. Green cleaning includes recycled content and bio-based products, and products and services that minimize the use of energy, water, and other resources.

Green cleaning products are products that perform the same functions as conventional cleaning products but are lower emitting, less toxic, biodegradable, and environmentally safer. They include all-purpose cleaners, sanitizers, deodorizers, glass cleaners, carpet cleaners, hand soap, laundry detergent, bathroom cleaners and many other commonly used janitorial products. The use of green cleaning products will improve indoor air quality and working conditions by removing a major source of potential exposure to toxic and irritating chemicals, while providing effective and cost competitive cleaning solutions. There are many manufacturers of green cleaning products and they are widely available. USDA’s green cleaning product program also includes regularly vacuumed entrance mats and sidewalk cleaning to reduce introduction of dirt thus reducing the need for cleaning chemicals and isolated janitorial closets for the storage of chemicals to reduce employee exposure to fumes.

Green cleaning products include concentrated cleaning chemicals that use ecologically sound packaging; are phosphate-free, non-corrosive, non-combustible, non-poisonous, non-reactive, and non-aerosol; contain no carcinogens, mutagens, or ozone-depleting substances; and are biobased and fully biodegradable. Concentrates are preferable to ready-to-use products and should be used wherever possible. Furthermore, dilution control equipment should be employed to ensure correct dilutions of concentrates and to protect workers from exposure to concentrated chemicals. Follow manufacturers’ label instructions. Language for custodial contracts can be found at http://www.usda.gov/procurement/programs/biobased/CustodialJanitorialFY08.pdf.

In addition to biobased content, preference should be given to cleaning products that meet the following Green Seal Standards: GS-37 for Commercial and Institutional Cleaners for those product categories covered by this Standard and GS-34 for Degreasers. (http://www.greenseal.org/FindGreenSealProductsandServices.aspx?vid=ViewProductDetail&cid=0&sid =23 ). Many cleaning products found in the BioPreferred catalog also meet Green Seal specifications.

For general information on the BioPreferred program, contact BioPreferred@dm.usda.gov For specific information on product category designations, the web-based BioPreferred catalog, or the "USDA Certified Biobased" label, contact: USDABioInfo@iastate.edu Phone: 1-877-251-6522 BioPreferred® http://www.biopreferred.gov/ The BioPreferred program’s Postal Service Mailing address is:

USDA's BioPreferred program Reporters Building 300 Seventh Street, SW Suite 361 Washington, DC 20024

PRICE SCHEDULE

Contractor shall furnish all needed personnel, supervision, transportation, materials, supplies, and equipment to perform the required janitorial services in accordance with the Statement of Work for the USDA, APHIS, PPQ facility.

BASE CONTRACT PERIOD: March 01, 2020 through February 28, 2021 Item Description of Service Quantity Unit Unit Price Total 001 Janitorial services in accordance 12 Month $ __________ $ __________ with the statement of work

OPTION PERIOD ONE: March 01, 2021 – February 28, 2022 Item Description of Service Quantity Unit Unit Price Total 002 Janitorial services in accordance 12 Month $ __________ $ __________ with the statement of work

OPTION PERIOD TWO: March 01, 2022 – February 28, 2023 Item Description of Service Quantity Unit Unit Price Total 003 Janitorial services in accordance 12 Month $ __________ $ __________ with the statement of work

OPTION PERIOD THREE: March 01, 2023 – February 29, 2024 Item Description of Service Quantity Unit Unit Price Total 004 Janitorial services in accordance 12 Month $ __________ $ __________ with the statement of work

OPTION PERIOD FOUR: March 01, 2024 – February 28, 2025 Item Description of Service Quantity Unit Unit Price Total 005 Janitorial services in accordance 12 Month $ __________ $ __________ with the statement of work

TOTAL for all periods $___________________

In Accordance with Federal Acquisition Regulation (FAR) 52.237-1 - Site Visit. (Apr 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(End of Provision)

Site visits are at the discretion of the facility and are by appointment only. Proper government issued identification is required.

Please contact the following individual(s) at the facility to find out what days they will be receiving vendors so that the proper security arrangements may be made.

Vendor site visit hours are: Monday – Friday from 7:00 am - 3:30 pm / Best Time to Visit: By appointment only, with best opportunities on Thursday or on other days 7:00-8:00 and 2:30-3:30.

Point of Contact (POC) Peter (Pete) Grace

USDA APHIS PPQ

Office: 321-745-6490 Cell: 321-288-1303 Email: Peter.T.Grace@usda.gov

SECURE FACILITY

The USDA APHIS Plant Protection Quarantine (PPQ) is a secure facility. Contractors must be escorted at all times while on site. Contractors must provide photo ID and sign in/sign out when entering/leaving the facilities at all times.

SAFETY AND SECURITY REQUIREMENTS

During the performance of work herein, the contractor shall take all reasonable precautions to guard secrecy of the tenant’s records and information, shall limit access to records and information of the tenant to authorized employees or agents of the contractor only, and shall inform all such authorized personnel of the confidential nature of records and information of the tenant and of the applicable laws regarding security of communication.

STATEMENT OF WORK

This is a Firm Fixed Priced Janitorial Service contract with a base year followed by four (4) possible 1 year option periods located at the USDA APHIS PPQ Office, Jacksonville, FL. Pricing shall include all costs necessary to accomplish the services in the statement of work (including but not limited to: overhead, general and administrative, profit, insurance, transportation, labor hours, equipment and supplies).

Hours: Janitorial Services to be performed twice per week during USDA work hours, Monday - Friday, either 7:00 - 9:00 a.m. or 2:00 - 3:30 p.m. Once service is satisfactory, local USDA staff may authorize other twice per week hours. (Excluding national holidays)

Vendor shall supply all cleaning supplies, equipment, trash can liners, labor, tools and supervision sufficient to complete the service.

Location of Services:

USDA APHIS PPQ

2431 St Johns Bluff Blvd, Suite 119 Jacksonville FL 32246

Approximately 2,700 square feet. Three (3) offices, large common area, training room, lab room, kitchenette, two restrooms, hallway, and warehouse area

DUTIES:

TWICE WEEKLY DUTIES:

Office and Common Areas

· Vacuum all carpeted areas.

· Spot clean carpet stains.

· Sweep and mop tile flooring.

· Clean, dust and/or polish all flat surfaces, including desktops, file cabinets, countertops, window sills and window shades, as needed.

· Remove all dead bugs and cobwebs from baseboards, corners, ceiling trim, fixtures, window areas, furniture, etc.

· Empty trash/waste/garbage containers, replace liners as required and take trash to dumpster outside.

· Spot clean marks on walls and switch plates.

· Clean glass on front windows and front door, inside and outside, as well as any book case glass.

· Clean glass on side window, inside only (outside not accessible).

Lab and Kitchenette

· Wipe down countertops, microwave and sink.

· Clean off table and disinfect.

· Sweep and mop tile floors with disinfectant.

· Empty trash containers, replace liners as required and take trash to dumpster outside.

Restrooms

· Clean and sanitize rest rooms, including toilet, sink and other fixtures.

· Clean and sanitize parameters of toilet area, i.e. seats, base, bowl with disinfectant.

· Sweep and mop tile floors with disinfectant.

· Wipe down mirror and leave streak-free.

· Empty trash containers, replace liners as required and take trash to dumpster outside.

· Restock restroom supplies supplied by USDA (soap, towel and toilet paper).

Warehouse

· Sweep and/or vacuum floor

· Remove all dead bugs and cobwebs

· Emptying trash containers, replace liners as required and take trash to dumpster outside.

· Clean shower if cleared of equipment/supplies and there’s any signs of use.

MONTHLY

· Dust picture frames and chair legs.

· Clean supply pipes under bathroom sinks.

QUARTERLY

· Clean refrigerators, lab fridge exterior and interior, kitchenette fridge exterior only.

· Clean picture frame glass.

· Sweep out above-door vents on both sides of wall.

· Clean ceiling vents (exterior) only.

SEMI-ANNUAL FLOOR CARE (OCTOBER AND APRIL):

· Strip and wax vinyl floors twice (2x) a year (October and April). Includes 3 coats of wax (included in monthly cleaning for no additional fee)

· Scrub both sides of all wooden doors.

ANNUAL

· Carpet shampoo by extraction method (not bonnet/brush).

The US Department of Labor Wage Determination 2015-4157 Revision 10, dated 12/23/2019, for Duval County, FL, where the work will be performed, applies to this Service.

QUALITY CONTROL:

The contractor shall appoint a competent, experienced, and knowledgeable point-of-contact (POC), Supervisor, who shall independently manage, supervise, and act as a representative of the contractor for coordination of all work assignments required under this contract.

The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. See FAR clause 52.246-4 -Inspection of Services - Fixed-Price.

Should the contractor fail to successfully perform any of the cleaning deliverables outlined in this SOW, the contractor shall re-perform at no cost to the government. If failure to perform continues, and the contractor does not maintain a consistent corrective action, the Government may require the personnel to be removed from the site or termination of the contract.

CONTACT INFORMATION:

Program Point of contact:

Peter (Pete) T. Grace Supervisory PPQ Officer

USDA APHIS PPQ

Cocoa and Jacksonville FL 321-745-6490 321-288-1303 cell Peter.T.Grace@usda.gov

Jeanine Goral – Contracting Officer USDA APHIS MRPBS AAMD Contracting 2150 Centre Ave, Building B 2E21 MS 2E6 Fort Collins, CO 80256 Office: 612-396-3895 Jeanine.J.Goral@usda.gov

The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions or other stipulations of this contract. Any other commitment, either explicit or implied, is invalid. The CO is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) obligate or deobligate funds into the contract; or (6) otherwise change any terms and conditions of this contract. No information, other than that which may be contained in an authorized modification to this contract duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.

INVOICING INFORMATION

The contractor shall submit invoices and supporting documentation to the COR and submitted via www.ipp.gov. The COR must obtain approval for payment for all invoices.

A proper invoice must include:

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Name, title, and phone number of person to notify in event of defective invoice; and

(vii) Taxpayer Identification Number (TIN).

The Government reserves the right to reject an invoice that does not include the information above

SECURITY REQUIREMENTS AND CONTRACTOR IDENTITY PROOFING, REGISTRATION, AND E-VERIFY PROCESS

1. The contract employee is responsible for safeguarding all government property provided for use. The contractor shall ensure that all card keys/keys issued are not lost or misplaced and are not used by unauthorized persons.

2. Contractors shall comply with the personal identity verification (PIV) policies and procedures established by the AGAR Advisory No. 81, Revision 02 dated April 28, 2009 – Common Identification Standard for Contractors and Departmental Regulation (DR) and Departmental Manual (DM) 4620-002. Copies of the DR and DM 4620-002 can be downloaded from the website at http://hspd12.usda.gov.

a. All applicable contractor employees requiring routine physical access to Federally-controlled facilities and/or routine access to Federally-controlled information systems must go through the identity proofing, registration, and e-verify process, and have a successful background investigation conducted by OPM. The level of investigation required is dependent on the duties and may require a low-risk non-sensitive National Agency Check with (Written) Inquiries, an Office of Personnel Management (OPM) Public Trust or an OPM National Security background investigation to serve on the contract. E-Verify is an electronic system which checks employee information obtained from the Employment Eligibility Verification form (I-9 form) against records maintained by both the Department of Homeland Security (DHS) and the Social Security Administration (SSA).

b. Contractor ID credentials will be issued after successful identity proofing of the contractor employee applicant and upon a successfully adjudicated background investigation.

SECURITY AND CONTRACTOR IDENTITY PROOFING, REGISTRATION, AND E-VERIFY PROCESS

(a) Contractors shall comply with the personal identity verification (PIV) policies and procedures established by the AGAR Advisory No. 81, Revision 03 dated July 19, 2010 – Common Identification Standard for Contractors. In addition, procedures to be followed by contractors and contractor employees are specified in the Departmental Regulation and Departmental Manual (DM) 4620-002. Copies can be downloaded from the website at http://hspd12.usda.gov.

(b) All applicable contractor employees requiring routine, long term (the aggregate of 6 months or more) physical access to Federally-controlled facilities or routine access to Federally-controlled information systems must go through the identify proofing, registration, and e-verify process, and have a successful background investigation conducted by OPM. The level of investigation required is dependent on the duties and may require a low-risk non-sensitive National Agency Check with (Written) Inquiries, an Office of Personnel Management (OPM) Public Trust or an OPM National Security background investigation to serve on the contract. E-Verify is an electronic system which checks employee information obtained from the Employment Eligibility Verification form (I-9 form) against records maintained by both the Department of Homeland Security (DHS) and the Social Security Administration (SSA). If the information input matches the DHS and SSA records, an ‘employment authorized’ message will be received. However, any discrepancy between the information input and the records at DHS and SSA will result in an alert being issued. The alert is called a Notice of Tentative Non-Confirmation (TNC) and further action is required. All background investigations or clearances must be done one week prior to commencing work. Where this is not practical and the prime or subcontractor requires intermittent access to federally controlled facilities or are under the aggregate 180 day limit, a temporary guest ID badge will be issued and/or such personnel may be under constant supervision and their access to areas or data may be more restricted. Contractor employees who will NOT have routine unaccompanied physical access to a Federally-controlled facility and/or routine unaccompanied access to a Federally-controlled information system may be excluded from coverage by AGAR Advisory 81 based on the LincPass Distribution Risk Assessment. The LincPass Distribution Risk Assessment will be conducted by a USDA Sponsor for contract personnel (Contracting Officer’s Representative, or other Government designated program/project officers) as part of the PIV II registration, identity proofing, and credential issuance procedures. Examples of probable exclusion are couriers, express mail and package or other delivery persons.

(c) The Contractor shall provide to the USDA PIV Sponsor and the Personnel Security Specialist listed below, a list of all contractor and subcontractor employees full name, job title, employer (prime or subcontractor), contract number, performance period and/or the days employee is expected to be on-site for base year and each option year, if applicable, and information on OPM’s background investigation or clearance conducted by the prime or subcontractor and that contractor employees pass the background check.

(d) The Contractor shall take full responsibility to ensure that prime and subcontractor employees who require routine, long-term physical access to federally controlled facilities and logical access to Federally controlled information systems except for "national security systems" as defined by 44 U.S.C. 3542(b)(2), are required to complete and submit HRO 1197, Contractor Supplement and the AD-1197, Request for USDA Identification (ID) Badge, along with copies of two identity source documents (one being a photo ID) and two completed fingerprint cards (FD-258 attached), to the following. You can obtain these forms and further guidance from the Personnel Security Specialist who oversees the investigation process for contractors:

250 Marquette Ave, Suite 410 Minneapolis, MN 55401 Phone: (612) 336-3294

(e) The Security Specialist will validate the level of background investigation required of the employee’s position, and initiate them into OPM’s secure on-line e-QIP portal and will provide further instructions by means of email for completing the electronic questionnaire.

(f) For further information and reference on the USDA personnel security requirements please see the document entitled Agar Advisory 81 entitled “Common Identification Standard for Contractors” at http://www.dm.usda.gov/pdsd/bulletin04-02.pdf

Clauses Incorporated By Reference:

52.252-2 Clauses Incorporated by Reference. (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

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

52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 - Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-21 – Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) 52.212-4 - Contract Terms and Conditions -- Commercial Items (Oct 2018) 52.223-2 - Affirmative Procurement of Biobased Products under Service and Construction Contracts (Sep 2013) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (May 2008) 52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007) 52.232-18 Availability of Funds (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

Clauses in Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. (Jan 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 2019) (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. 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.] __ (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).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (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].

__ (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).

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).

__ (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 Set-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.

__ (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)).

__ (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 (Oct 2019) (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)).

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

X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

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

X (28) (i) 52.222-26, Equal Opportunity (Sept 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.

X(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).

___ (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). (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.)

__ (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 Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

__ (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 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. 13693).

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

__ (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. 4001 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 (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (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).

__ (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)(13)).

__ (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).

X (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

X (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).

X (4) 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).

__ (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).

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

X (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 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 (Oct 2015) (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 2019) (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 $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.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

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

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

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

(xii) 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.

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

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C.