SF1449_Pg_3_24_1282BH19Q0037_SO_Janitorial.docx
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- Janitorial Services- Office Federal contract opportunity
- Solicitation number
- 1282BH19Q0037
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SF1449 Pg 3_24
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Solicitation 1282BH19Q0037 Page 23 of 24 SO Janitorial Services
Continuation of SF 1449
Block 27: The full text of a clause or provision may be accessed electronically at https://www.acquisition.gov/far/html/FARTOCP52.html.
Non Discrimination Statement The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.
SCHEDULE OF ITEMS
Pikes Peak Ranger District Janitorial Services
Base Year - Fiscal Year 20 (Nov 01, 2019 – Oct 31, 2020)
Item
Description Unit of Measure
Quantity
Unit Cost
Total Cost
Perform monthly (bi-weekly) janitorial services
Month
| 02 |
| Perform semi-annual janitorial services |
| Each |
| 2 |
| $ |
| $ |
| 03 |
| Perform annual janitorial services |
| Each |
| 1 |
| $ |
| $ |
| TOTAL |
| $ |
Option Year 1 – FY21 (Nov 1, 2020 - Oct 31, 2021)
Item
Description Unit of Measure
Quantity
Perform monthly (bi-weekly) janitorial services
Month
| 02 |
| Perform semi-annual janitorial services |
| Each |
| 2 |
| $ |
| $ |
| 03 |
| Perform annual janitorial services |
| Each |
| 1 |
| $ |
| $ |
| TOTAL |
| $ |
Option Year 2 – FY22 (Nov 1, 2021 - Oct 31, 2022)
Description Unit of Measure
Quantity
Perform monthly (bi-weekly) janitorial services
Month
| 02 |
| Perform semi-annual janitorial services |
| Each |
| 2 |
| $ |
| $ |
| 03 |
| Perform annual janitorial services |
| Each |
| 1 |
| $ |
| $ |
| TOTAL |
| $ |
Option Year 3 – FY23 (Nov 1, 2022 - Oct 31, 2023)
Description Unit of Measure
Quantity
Perform monthly (bi-weekly) janitorial services
Month
| 02 |
| Perform semi-annual janitorial services |
| Each |
| 2 |
| $ |
| $ |
| 03 |
| Perform annual janitorial services |
| Each |
| 1 |
| $ |
| $ |
| TOTAL |
| $ |
SEE SECTION L FOR SUBMISSION OF QUOTE REQUIREMENTS
OFFEROR SHALL COMPLETE THE FOLLOWING:
Company Name: _____________________________________
Company Address: _____________________________________
Company POC: _____________________________________
E-Mail Address: _____________________________________
Phone # ________________________________
DUNS #: ________________________________
To be eligible for award, contractors MUST be registered in the System for Award Management (SAM), www.sam.gov
All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Dept. of Treasury. For additional information https://www/ipp.gov/index.htm and see Section G in this document.
Section C – Description of Work
C.1 Scope of Work Janitorial Services for the USDA Forest Service, PSICC Headquarters, located in Pueblo, Colorado. The Headquarters Office has approximately 24,000 square feet, approximately 85 percent is carpeted. The contractor shall provide janitorial services to include management, supervision, personnel, transportation, labor, equipment and supplies (except as otherwise specified).
C.2 Location of Project PSICC Headquarters Office 2840 Kachina Drive Pueblo, Colorado 8l008 (Pueblo County)
C.3 Performance Requirements
Services shall include, but not limited to the following types of effort –
1) Cleaning of carpeted hallways, offices, and common areas.
2) Cleaning, buffing, stripping, and applying floor finish to non-carpeted floors.
3) Cleaning/sanitizing of restrooms, to include sinks, toilets, urinals, floor drains, mirrors, fixtures, exposed pipe, toilet stall panels and doors, floors, walls, counters, cabinets, and sanitary item dispensers.
4) Cleaning of kitchen area to include sink, countertops, and cabinets.
5) Cleaning/sanitizing water fountains located in common areas.
6) Cleanup of noon-hazardous spills and litter (natural or man-made)
7) Storage and stocking of standard commercial restroom supplies, cleaning supplies, and janitorial equipment
8) Cleaning of glass doors and windows.
9) Collect and remove all refuse, trash and garage.
10) Dusting of horizontal surfaces, chairs, tables, bookcases, modular furniture, cabinets, blinds, and windowsills.
11) The contractor’s employees and representatives shall maintain professional conduct/appearance, and follow safety requirements.
C.4 Frequency of Cleaning and Period of Performance
4.1 Work Schedule
· Months of October, November, December, January, February, March, April Twice per week; one week day (preferably Wednesday and one weekend day (Saturday or Sunday)
· Months of May, June, July, August, September Three times per week (preferably Tuesday, Thursday, and one weekend day (Saturday or Sunday) Services shall be performed between the hours of 6:00pm and 6:00am unless otherwise approved by Contracting Officer (CO). No work is required on federally observed holidays.
A cleaning schedule will be determined and approved by CO prior to work beginning.
C.5 Other Performance Requirements Smoking is prohibited in or near the building (within 25 feet). Minors are not permitted in the office during the course of this contract.
The contractor shall designate a fulltime point of contact who shall be available by telephone or in person from 7:00am to 4:00pm, Monday through Friday, excluding holidays. This individual shall be responsible for the overall management and coordination of work required under this contract.
Contractor shall abide by the facility security requirements regarding entry and exit of the facility, dangerous or hazardous materials, and protection of government property. Contractor shall follow the instructions of security, fire, and other emergency officials performing duties within the facility.
C.6 Technical Requirements Contractor shall clean all areas as described below in order to maintain a clean and safe working area such that there are no accumulations of dust, dirt, smudges, or other foreign material over ½ inch in size, no more than two visible marks or streaks in excess of ½ inch in size within any glass areas, visible rust/encrustation in toilets, and trash receptacles ¼ or more of trash remaining.
The contractor may be required to re perform the cleaning of any area therein if inspection results in an unacceptable performance within two hours of notification.
6.1 DAILY CLEANINGS
Bathrooms Sweep and wet mop. Scrub floors as necessary Clean/sanitize toilets and urinals (no visible ruse or encrustation shall remain) Clean Sinks Clean mirrors shelving, dispensers and chrome fixtures Sport clean all other surfaces and dust horizontal surfaces Service towel, soap and toilet paper dispensers Clean stall wall partitions Pour water in bathroom drains (to help keep free from odor) Empty waste receptacles, remove any visible paper and trash
Kitchen
Clean sink and fixtures, counter tops, tables, cabinets, appliances and soda machine (clean under small appliances) Spot clean all other surfaces and dust horizontal surfaces Empty waste receptacles, remove any visible paper and trash Sweep and wet mop. Scrub floors as necessary
Drinking Fountains Clean and sanitize
Office Areas Dust horizontal surfaces of chairs, tables, bookcases, modular furniture, cabinets, windowsills, and other furniture
Floors Sweep and mop kitchen, restroom, copy room, and tiled areas located at the front reception area Vacuum carpeted floors
Front Entrance Inside/Outside Areas Clean entrance glass Clean/polish kick plates and push bars Sweep entire covered area outside Empty ash tray bins
Removal of trash Empty all waste receptacles when ¼ or more full and replace with trash bag Remove any visible paper, trash, or spilling Bundle and tie securely trash bags and dispose in dumpster located in the back of office building
Light Bulbs Replace burnt out light bulbs as needed.
6.2 MONTHLY (last cleaning day of each month)
Buff floors in kitchen and restrooms Dust wall surfaces within 70 inches of the floors, vertical surfaces and under surfaces (knee wells, chair rungs, table legs) Spot clean any wall surfaces or carpeted areas
6.3 SEMI-ANNUAL CLEANINGS (April and October)
Kitchen and copy room floors strip and apply two coats of floor finish Vacuum corners and along walls Clean windows inside and out, window sills, dust blinds and clean hot/cold air vents Clean doors and door frames Contractor shall notify COR to arrange a date for this service
6.4 ANNUALLY (September)
Shampoo all carpeted floors (furniture will not be moved) Contractor shall notify COR to arrange a date for this service
C.7 Equipment/Supplies furnished by Contractor All equipment, cleaning supplies and tools necessary to perform the work shall be furnished by the contractor (unless otherwise stated below) Due to limited space for storage the contractor shall not be able to store equipment on site.
C.8 Equipment/supplies furnished by the Government (Government Furnished Property will be made available at project site) Toilet Paper Paper Towels Hand soap/dispenser soap Trash can liners Trash bags Light bulbs
C.9 Security Contractor’s employees shall not disturb paper or other documents on desks and shall not open desk drawers or cabinets, and are prohibited from using government telephones (unless emergency), or office equipment.
Contractor shall assure all exterior doors are shut tight and locked, all lights are turned off (except those to remain on).
Contractor shall be responsible for any loss or damage of government property as a result of neglect of the contractor.
Contractor shall not allow any employee to perform work under the influence of alcohol, drugs, or any other incapacitating agents.
The Contracting Officer may require the Contractor to remove from the work place any employee deemed incompetent, careless, or otherwise objectionable of for the theft, possession, and/or removal of materials, supplies, equipment of any Government-owned property.
C.10 Access to Facility All contractors requiring routine access to Federally-controlled facilities or information systems 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 (background investigation, BI) to serve on the contract.
Contractor ID credentials will be issued after they have been successfully identity proofed and upon a successfully adjudicated NACI or OPM/NS BI. Contractors must, by contract law, renew their credentials after 5 years if they have not reached the end of their period of performance.
Cost of finger prints (2 sets required) will be the responsibility of the contractor for each employee.
Contractor shall promptly within five days of award of the contract provide the CO with a complete list to include name, address, social security number, date of birth, place of birth, email address, and phone number of each employee engaged in the performance of this contract. The Government may require additional data to establish the identity of each employee having access to the Government facilities at this location. In the event of change in employees, the Contractor shall inform the CO promptly of the change normally within three days after the new employee is hired or any employee is dismissed. The Government retains the right to remove any Contractor’s employee who does not receive an acceptable background investigation.
Performance Requirements Summary – Janitorial Services
| Performance Standard |
| Minimum Acceptable Level (MAL) |
| Disincentive |
| Method of Surveillance |
| Incentive |
*Floors/carpets Clean/free of dirt and debris
| No more than 2 visible marks or accumulations of dust, dirt or other foreign materials over ½ in. in size |
| Re-work within 24 hrs. of notification |
1% deduction of monthly invoice if below 90% or below of MAL
| Random Sampling and customer comments |
| Full payment of invoice |
*Windows/Glass Cleaned/free of dirt, streaks and smudges
| No more than 2 visible marks in excess of ½ in. in size |
| Re-work within 24 hrs. of notification |
1% deduction of monthly invoice if below 90% or below of MAL
| Random Sampling and customer comments |
| Full payment of invoice |
*Furniture/wall surfaces Cleaned/free of visible dust, dirt and debris
| No more than 2 visible marks or accumulations of dust, dirt or other foreign materials over ½ in. in size |
| Re-work within 24 hrs. of notification |
1% deduction of monthly invoice if below 90% or below of MAL
| Random Sampling and customer comments |
| Full payment of invoice |
*Bathroom/Kitchen Clean/sanitized free of visible dust, dirt and debris
| No visible encrustation in toilets. No more than 2 visible marks or accumulations of dust, dirt or other foreign materials over ½ in. in size |
| Re-work within 24 hrs. of notification |
1% deduction of monthly invoice if below 90% or below of MAL
| Random Sampling and customer comments |
| Full payment of invoice |
*Drinking fountains Cleaned/sanitized
| No visible dirt, smudges or other foreign material. |
| Re-work within 24 hrs. of notification |
1% deduction of monthly invoice if below 90% or below of MAL
| Random Sampling and customer comments |
| Full payment of invoice |
*Trash Emptied/cleaned
| No more than 2 trash receptacles with ¼ of trash remaining |
| Re-work within 24 hrs. of notification |
1% deduction of monthly invoice if below 90% or below of MAL
| Random Sampling and customer comments |
| Full payment of invoice |
*Vestibule, lobby, hallways, entrances Cleaned/free of visible dust, dirt and debris
| No visible trash, and kick plates/push bars with no more than 2 visible marks in excess of ½ in. in size |
| Re-work within 24 hrs. of notification |
1% deduction of monthly invoice if below 90% or below of MAL
| Random Sampling and customer comments |
| Full payment of invoice |
Semi-annual (Apr/Oct) *Windows, screens, blinds and hot/cold vents Cleaned/free of visible dust, dirt, debris and streaks/smudges
| No more than 2 visible marks or accumulations of dust, dirt or other foreign materials over ½ in. in size |
| Re-work within 24 hrs. of notification |
1% deduction of monthly invoice if below 90% or below of MAL
| Random Sampling and customer comments |
| Full payment of invoice |
Semi-annual (Apr/Oct) *Kitchen/bathrooms floors stripped/waxed *Light fixtures Cleaned/free of visible dust, dirt and debris
| No more than 2 visible marks or accumulations of dust, dirt or other foreign materials over ½ in. in size |
| Re-work within 24 hrs. of notification |
1% deduction of monthly invoice if below 90% or below of MAL
| Random Sampling and customer comments |
| Full payment of invoice |
Annual (May) *carpet cleaned with shampoo *Exhaust fan in bathrooms *Windows, screens, blinds, doors/frames and hot/cold vents
| No more than 2 visible marks or accumulations of dust, dirt or other foreign materials over ½ in. in size |
| Re-work within 24 hrs. of notification |
1% deduction of monthly invoice if below 90% or below of MAL
| Random Sampling and customer comments |
| Full payment of invoice |
| Time |
| Area |
| Performance |
| Each cleaning day/monthly |
| Floors |
Windows/glass Furniture/wall surfaces Restrooms/kitchen Drinking fountains Waste receptacles Lobby/vestibule/hallways/back entrance Sweep/wet mop floors, vacuum carpet, buff floors, spot clean walls/carpet Clean/dust wall surfaces, chairs, tables, etc.
Clean sanitize toilets/urinal, sinks, countertops, cabinets, mirrors, wall partitions, drinking fountains, service dispensers Sweep stairways Removal of trash Clean/polish kick plates/push bars, empty recycling bins
| Semi-annual |
| Storage areas |
Windows inside and out Blinds Corners along walls Hot/cold air vents/light fixtures Waste receptacles Kitchen/restroom floors
Vacuum/sweep floors Dust windowsills/horizontal surfaces Clean windows/sills/screens Clean blinds Clean hot/cold air vents/light fixtures Strip and apply coat of floor finish
| Annual |
| Carpeted floors |
Exhaust fans in restrooms Windows, screens, blinds, doors/frames and hot/cold vents Shampoo carpet Clean thoroughly exhaust fans, doors/frames, vents, windows (inside/out), screen and blinds
SECTION D--PACKAGING AND MARKING
{For this Solicitation, there are NO clauses in this Section}
SECTION E - INSPECTION AND ACCEPTANCE
52.246-4 Inspection of Services – Fixed Price (Aug 1996)
452.246-70 Inspection and Acceptance (Feb 1988)
(a) The Contracting Officer of the Contracting Officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.
(b) Inspection and acceptance will be performed at: the worksite
SECTION F - DELIVERIES OR PERFORMANCE
452.211-74 Period of Performance (FEB 1988)
The Base Year period of performance of this contract is from November 01, 2019 to October 31, 2020.
Period of Performance of executed Option Years Option Year One – Nov 01, 2020 thru Oct 31, 2021 Option Year Two – Nov 01, 2021 thru Oct 31, 2022 Option Year Three - Nov 01, 2022 thru Oct 31, 2023
SECTION G - CONTRACT ADMINISTRATION DATA
452.215-73 Post award Conference. (NOV 1996) A post award conference with the successful offeror is required. Contractor Officer Representative (COR) will contact you on time and place of post award conference.
G.1 INVOICES & PAYMENTS
All invoices are to be submitted via the electronic Invoice Processing Platform (IPP) System.
"Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP. This is a mandatory requirement initiated by the U.S. Department of Treasury. More information can be found at this website https://www.ipp.gov/index.htm. Ensure your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.
IPP does not allow the contractor to change the description of the line items being invoiced against, therefore the contractor shall create an invoice in IPP and an itemized invoice. Itemized invoice must be uploaded as an attachment.
Itemized Invoice shall mirror the schedule of items and shall include at a minimum:
| Contractor Name | Invoice Number | ||
| Address | Contract, Task Order or Purchase Order number | ||
| Phone number and e-mail address | Description of Services or work completed. |
Date of services or completion.
In order for invoices to be processed certain documents must be uploaded as an attachment(s):
Itemized Invoice, Final Inspection and a Contractor Notification and Release of Claims
Final Payment - Following completion and acceptance of the work (including return of Government-furnished property and site cleanup), Final payment will made within 30 calendar days after presentation of a properly executed invoice.
Contractor Notification & Release of Claims for Final Payment A contractor notification and release of all claims form shall be completed by the COR and the contractor. The completed form shall be uploaded as an attachment.
Coordinate Invoices – Coordinate submission of invoices with the primary COR and/or CO.
G.2 FOREST SERVICE REPRESENTATIVES:
Contracting Officer (CO) will be determined at time of award. The Contracting Officer has full warrant authority over all contract issues.
A Contracting Officer Representative (COR) will be appointed for this contract upon award. COR delegated authority, responsibilities and contact information will be defined on a delegation form. .
G.3 CONTRACT ADMINISTRATION DATA:
1. Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to Proceed.
2. Changes. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.
3. Unauthorized Instructions from Government or Other Personnel. The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.
4. Designation of Contracting Officer’s Representative (COR). Designation will be made upon contract award and a copy of the designation letters will be furnished to the Contractor. Limits of authority are described in each designation letter.
5. Designation of Authorized Representative of the Contractor. The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.
G.4 PRE-WORK MEETING
Prior to commencement of work, the Contractor will meet with the Contracting Officer to discuss contract terms, work performance requirements and work progress schedules. Also at this meeting such things as sanitation, camping requirements, fire prevention and suppression plans will be developed. The meeting will be held at a time and place determined by the Contracting Officer.
SECTION H - SPECIAL CONTRACT REQUIREMENTS
452.237-74 Key Personnel. (Feb 1988)
(a) The Contractor shall assign to this contract the following key personnel: Contractor Representative.
(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.
(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.
H.1 Accident Reporting (Construction/Service) Maintain an accurate record of all work-related accidents resulting in death, injury, occupational disease, or damage to property, materials, supplies, or equipment.
H.2 Injury Notification (Construction/Service) Injuries to workers will be reported promptly to the COR and appropriate contractor personnel. Emergency care for workers while on the job site is a contractor responsibility.
H.3 Reporting Alleged Child Abuse Pursuant to the spirit and requirements of P.L. 101-647, Section 225 and 226, the following applies:
Any employee or representative of the Contractor who becomes aware of allegations that a child in the program covered by this contract is (a) a victim of a crime of physical abuse, sex abuse, or exploitation; or (b) a witness to a crime committed against another person; shall make a report of the suspected abuse to the Contracting Officer’s Representative within 24 hours. The initial report shall be made by phone and shall be followed-up in writing, providing salient points of the allegations.
When such allegations about a contractor employee occur as covered by this clause, the Contractor employee who is the subject of the allegations will immediately be required to vacate the work site and will be replaced by another contactor employee. The subject employee will remain away from the work site until an investigation is completed. The Government will not incur additional costs by the Contractor who must provide a replacement employee.
The Contractor shall limit disclosure of documents concerning alleged child abuse to the persons who by reason of their participation in the proceeding have reason to know such information.
Any conviction of a sex crime, an offense involving a child victim or drug felony, will be grounds for denying employment or for dismissal of an employee in any position-serving children. Conviction of a crime other than a sex crime may be considered if it bears on an individual’s fitness to have responsibility for the safety and well-being of children. The consideration of another crime bearing on an individual’s fitness will be mutually agreed upon between the NTC and agency involved.
SECTION I - CONTRACT CLAUSES
| 52.202-1 | Definitions. (NOV 2013) | |
| 52.203-3 | Gratuities. (APR 1984) | |
| 52.203-7 | Anti-Kickback Procedures. (MAY 2014) | |
| 52.203-8 | Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014) | |
| 52.203-12 | Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) | |
| 52.204-4 | Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) | |
| 52.204-9 | Personal Identity Verification of Contractor Personnel. (JAN 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) |
(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee’s employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.
| 52.204-13 | System for Award Management Maintenance. (OCT 2018) |
| 52.211-16 | Variation in Quantity (APR 1984) |
| 52.212-4 | Contract Terms and Conditions -- Commercial Items (JAN 2018) |
52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2019)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] ___ (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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved] ___ (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 (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 HUB Zone 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 HUB Zone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
___ (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 (Nov 2011) (15 U.S.C. 657f).
_X_ (22) 52.219-28, Post Award Small Business Program Re representation (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 2018) (E.O. 13126).
_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
___ (ii) Alternate I (Feb 1999) of 52.222-26.
___ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
___ (ii) Alternate I (July 2014) of 52.222-35.
_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). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).
___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (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. 13696).
___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (Jan 2017) of 52.224-3.
___ (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 (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (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.] _X_ (1) 52.222-17, Non displacement 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).
___ (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) (E.O. 13658).
___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(v) 52.222-17, Non displacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
52.217-9 Option to Extend the Term of the Contract. (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within ten (10) calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed four (4) years and six (6) months.
52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (MAY 2018)
52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 2014) In compliance with the Service Contract Act of 1965, as amended, 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 5332.
This Statement is for Information Only: It is not a Wage Determination
| Employee Class | Monetary Wage - Fringe Benefits | |
| 11150 Janitor GS 5 | $13.41 |
| 52.223-2 | Affirmative Procurement of Bio based Products under Service and Construction Contracts. (SEP 2013) | |
| 52.223-5 | Pollution Prevention and Right-to-Know Information. (MAY 2011) | |
| 52.223-6 | Drug-Free Workplace. (MAY 2001) | |
| 52.228-5 | Insurance – Work on a Government Installation. (JAN 1997) | |
| 52.229-3 | Federal, State, and Local Taxes. (FEB 2013) | |
| 52.230-40 | Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) | |
| 52.232-1 | Payments. (APR 1984) | |
| 52.232-8 | Discounts for Prompt Payment. (FEB 2002) | |
| 52.232-11 | Extras. (APR 1984) |
52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) Funds are not presently available for performance under this contract beyond September 30, 2019. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2019, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
| 52.232-23 | Assignment of Claims. (MAY 2014) |
| 52.232-39 | Unenforceability of Unauthorized Obligations. (JUN 2013) |
| 52.232-40 | Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) |
| 52.233-1 | Disputes. (MAY 2014) |
| 52.237-2 | Protection of Government Buildings, Equipment, and Vegetation (APR 1984) |
| 52.242-13 | Bankruptcy (JUL 1995) |
| 52.244-6 | Subcontracts for Commercial Items. (OCT 2018) |
| 52.245-1 | Government Property. (JAN 2017) |
| 52.245-9 | Use and Charge. (APR 2012) |
52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far or www.usda.gov/procurement/policy/agar.html
52.253-1 Computer Generated Forms. (JAN 1991)
452.228-71 Insurance Coverage. (NOV 1996) Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:
(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.
(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.
(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.
(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.
| 452.236-72 | Use of Premises (NOV 1996) |
| 452.237-70 | Loss, Damage, Destruction or Repair (FEB 1988) |
452.237-75 Restrictions Against Disclosure (FEB 1988)
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran. (AUG 2018)
452.219-70 Size Standard and NAICS Code Information. (SEP 2001) 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 are listed below:
Co…
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