12837918Q0003_Cuba_Ranger_District_Office_Janitorial_Services_FY_18.pdf

12837918Q0003

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

889429

1 55

SANTA FE INTERAGENCY FIRE CTR

11 FOREST LANE

SANTA FE NM 87508

USDA FOREST SERVICE

FOREST SVC

SANTA FE NF DIST RGR

CUBA RGR DIST

COUNTY ROAD 11 BUILDING 04B

CUBA

NM 87013

505 346-3811KRISTIN PEARCE

01/10/2018 1630 MT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Cuba Ranger District Janitorial Services-Base Year plus 4 Option Years Santa Fe National Forest

See Schedule, Section B

Quoter must be registered in SAM.gov prior to receipt of quote.

DUNS No.____________________________

001 Provide all materials, supplies, salaries, 12 MO supervision, transportation and incidentals necessary to perform janitorial services at the Cuba RD. Per terms and conditions and Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 55

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12837918Q0003 specifications.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

SECTION B – PRODUCTS OR SERVICES AND PRICES/COSTS

Janitorial Services

Cuba Ranger District

Santa Fe National Forest

The contractor shall furnish all labor, equipment, crew supervision, transportation, supplies (except those designated as Government-furnished), and incidentals, to perform all work necessary for Janitorial Services at the Cuba Ranger District on the Santa Fe National Forest, in compliance with the terms, specifications, conditions, and provisions of this solicitation.

Schedule of Items

(Estimated Start Date)

BASE YEAR-FY 2018 February 01, 2018 through January 31, 2019

Item Description Quantity Unit Unit Price Total Amount

1 Cuba RD 12 MO $ $

OPTION YEAR ONE-FY 2019 February 01, 2019 through January 31, 2020

OPTION YEAR TWO-FY 2020 February 01, 2020 through January 31, 2021

OPTION YEAR THREE-FY 2021 February 01, 2021 through January 31, 2022

OPTION YEAR FOUR-FY 2022 February 01, 2022 through January 31, 2023

***ALL QUOTES MUST INCLUDE ALL APPLICABLE TAXES***

See Section C for Schedule of Services to be performed.

The period of performance for this Base year is from 02/01/2018 to 01/31/2019. There are four option years that, if exercised, will have a performance of one year. The government will give 60 days’ notice prior to exercising options. However, notice of intent does not obligate the government to exercise option years. See 52.217-9- Option to Extend the Term of the Contract and 52.217-5- Evaluation of Options.

Basis for Award: Price shall be fair market value for materials, labor, and incidentals represented in the specifications necessary to complete the project, and must include all taxes, incidental expenses, and all direct and indirect costs. Quote price is assumed to be best and final offer. Award will be made based on Best Value to the Government. Best Value is a combination of past performance, experience and price.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Santa Fe National Forest

Cuba Ranger District

1. DESCRIPTION OF SERVICES – The contractor shall provide all management, tools, equipment, and labor necessary to ensure that janitorial services are performed at Cuba Ranger District and Field Office, Cuba NM, in a manner that will maintain a satisfactory facility condition and present a clean, neat and professional appearance. The contractor shall accomplish all cleaning tasks and be required to provide and replenish soap and paper products in all restrooms identified in the Appendix A and the Statement of Work

(SOW).

2. PERIOD OF PERFORMANCE – Janitorial services will commence estimated February 1, 2018 to January 31, 2019 with four (4) option years. The government reserves the right not to exercise the option year(s).

3. LOCATION OF SERVICES – The janitorial services will be performed at the Cuba Ranger District at 04B County Rd 11 and at the Field Office on West Ranger Lane Cuba, New Mexico 87013.

4. BUILDING SQUARE FOOTAGE – The area under contract will include approximately 5,315 square feet of office space and all related areas such as entrance ways, corridors, lobbies, four (4) restrooms, closets and kitchen. In addition will include 479 square feet at the field office and one bathroom.

5. BASIC BACKGROUND CHECK – Contractor shall provide proof of background checks for any owner/employee who will be required to enter the government facility, prior to start of the contract. This shall be accomplished through the county or state police or by any other appropriate agency at no cost to the government.

6. GOVERNMENT FURNISHED PROPERTY – Keys to building. If keys are misplaced the contractor shall contact the COR for replacement key. The contractor shall NOT have copies made of keys. The keys shall be returned to the COR prior to final payment.

7. CONTRACTOR FURNISHED PROPERTY – The contractor shall furnish supplies and equipment listed below.

Vacuum cleaner Carpet shampooer Deodorant cakes All detergents, cleaners

Hand soap Disinfectants, germicides & deodorants

Toilet tissue Furniture polish/wax

Push brooms Wax removers and floor wax Mops Carpet shampoo

Mop buckets Window cleaner Paper hand towels Trash bags

8. FACILITY CLEANING SERVICES – Includes Main Office Building, Attached Conference room and Restrooms, and Back offices as well as the office, bathroom and shower at the field office per attached floor plans.

9. PERIODIC CLEANING SERVICES – There will be services performed: three (3) times a week [Tuesday, Thursday and Saturday’s after 5 p.m.], every four (4) months [December, March, June and September], and twice a year [dates TBD].

9.1 Three Times a Week – (Tuesdays and Thursdays and Saturdays after 5 p.m.):

9.2 Trash Collection/removal – The contractor shall collect and dispose of ALL trash from ALL trash receptacles in the building, which includes; offices, restrooms, and common areas (break room, conference rooms, front greeting are, etc.). All trash receptacles shall be emptied, trash disposed, and containers returned to original locations. The contractor shall provide and replace any obviously soiled, worn or torn plastic can liners. The trash receptacles shall be left clean, free of foreign matter and free of odors. The trash collected shall be taken to the dumpsters located at the Cuba Ranger District office at 04B County Rd 11 and the other at the field office at West Ranger Lane in Cuba, NM.

9.3 NON-CARPETED FLOORS – (Hard Floors: Vinyl tile, Ceramic tile, Wood, Concrete, etc.) Hard floors shall be maintained free of grit, soil, dust, scuff and heel marks, stains, spills, debris, litter, and other foreign matter by effective routine cleaning. Cleaning shall be accomplished by the most appropriate method (vacuum, sweep, dust mop, damp mop, spot clean, etc.) with cleaning solutions if applicable, for the specific floor type. After cleaning floor surfaces they should have a clean appearance without streaks, swirl marks, detergent residue, nor any evidence of soil, stain, film or standing water. Baseboards, corners and wall/floor edges shall also be cleaned. Charis, trash receptacles and other easily moveable items shall be moved to maintain floors underneath these items and returned to their original and proper position after cleaning.

9.4 Carpeted Floors – Carpets shall be maintained free of soil, dirt, debris, litter and other foreign matter to be effective routine cleaning. Any spots and/or spills shall be removed by the carpets manufacturer’s approved methods or other commercially accepted practices as soon as noticed. All tears, burns, and raveling shall be brought to the attention of the COR. Area and throw rugs shall be moved to maintain floors underneath these items and returned to their original and proper position after cleaning. The contractor shall maintain all carpet areas free from visible soil and vacuumed. Soiled areas should be cleaned as necessary.

9.5 Clean Floor (Walk – Off) Mats – Vacuum and/or clean interior and exterior floor mats. Mats shall be free of all visible lint, litter, debris, soil and other foreign matter.

Soil and moisture underneath mats shall be removed and mats returned to their original locations.

9.6 Restrooms/Locker Rooms – Clean and disinfect all surfaces of sinks, toilets, urinals, lavatories, showers shower mats, dispensers, plumbing fixtures, partitions, doors, walls, stalls, and stall doors, entry doors and entry door handles and other such surfaces shall be cleaned and disinfected using germicidal detergent. Restrooms shall have a clean scent or no odor at all. Showers, toilets, and urinals will be free of spots, water spots, scale buildup, soap scum, odors and any other deposits. Mirrors shall be clean and have no streaks or other removable matter. Partitions shall be smudge and stain free.

9.7 Stock Restroom supplies – Contractor shall ensure restrooms are stocked sufficiently and must provide supplies including toilet tissue, paper towels, hand soap, and ensure that these supplies do not run out. Supplies shall be stored in designated area.

9.8 Drinking Fountain – Contractor shall clean all facility drinking fountains. All porcelain and polished metal surfaces, including the orifices and drains, as well as exterior surfaces of fountain shall be cleaned and disinfected. Drinking fountains shall be free of streaks, stains, spots, smudges, scale and other obvious soil.

9.9 Every Two Months – (November, January, March, May, July, and September):

9.9.1 Dust Furniture/Remove Spider Webs – All office furniture i.e. shelves;

cabinets, etc. shall be dusted within reach while standing on the floor. DO NOT dust areas which contain personal belongings. All spider webs need to be removed from the walls, window seals, doorways etc. . . Inside and outside.

9.9.2 Clean Windows Interior and Exterior – All windows will be cleaned with appropriate window cleaner and rags, and left free of dirt, dust and streaks.

9.10 Every Four Months (December, March, June and September):

9.10.1 Periodic Carpet Restorative Cleaning (Shampooing) – Carpets shall be deep cleaned in order to remove embedded soil from carpet fibers. Deep cleaning shall employ an effective technique and/or method to address soil suspension, soil extraction and drying. After deep cleaning, the carpeted area shall show an improvement in visible appearance. All cleaning solutions shall be removed from baseboards, furniture, trash receptacles, chairs, and other similar items. Chairs, trash receptacles and other items shall be moved to clean carpets underneath and returned to their original location after the carpet has been dried.

9.11 Twice a Year (Within 60 day of beginning of the contract and additional dates

TBD):

9.11.1 Periodic Hard Floor Maintenance – Hard floors shall be cleaned, scrubbed, sealed, polished, waxed and stripped every six (6) months, for the appropriate surface to maintain, protect and ease normal routine floor cleaning. After periodic maintenance, floor surfaces to have a clean appearance, without streaks, swirl marks, detergent residue, or any evidence of soil, stain, film, and standing water.

10. JANITORIAL WORKLOAD STANDARDS –

Task/Services Cleaning – Basic General Administrative Areas – Break rooms, Lobbies, Conference rooms, Etc…

Mop Floors Three times a week Buff Floors Once a month Maintain/Strip Floors Once a month Vacuum Carpet Three time a week Shampoo Carpet Once in March, June, September &

December Clean Walk-off Mats Three times a week Trash Collection/Removal Three times a week Restrooms (all tasks/services) Three times a week Re-supply Restrooms As needed Clean drinking Fountains Three times a week Clean restrooms (Walls/Partitions) Three times a week Sweep/Damp Mop Floors Three times a week Clean Disinfect restrooms Three times a week De-scale toilets and Urinals Three times a week Dust/Remove spider webs Every two months Clean Mirrors Three times a week Clean Windows (Interior & Exterior) Every two months Periodic Hard floor maintenance Twice a year (within 60 days of beginning of the contract and additional dates TBD)

Sweep Floors Three times a week

11. SPECIAL CLEANING REQUIREMENTS:

11.1 Cleaning Products – The contractor shall submit a Material Safety Data Sheet to the contracting officer after award.

11.2 Cleaning Equipment/Materials – The contractor shall furnish all supplies and proper equipment required to perform the janitorial services. The equipment shall be safe and operable. All equipment cords shall be free of tears and cannot be frayed;

cords must be free of electrical or any other tape. Mops and rags used for cleaning may be segregated: One set used for bathrooms, counter tops, hallways, offices and lobby. The contractor shall clean and disinfect the mops and rags prior to each use with detergent and hot water, rinsed in warm water and sanitized in a bleach solution, wrung out and hung to dry. Mop heads and rags must be changed out when dirty.

Sponges can NOT be used.

11.3 Sweeping/Mopping Non-carpeted Floors – The contractor shall sweep and mop (Clean and sanitize) the floors underneath all eating tables and adjoining walls (if necessary).

11.4 Other Non-Carpeted Floors – All other floors (not including restrooms) shall be swept, mopped with hot water and sanitized with the bleach water solution.

11.5 Storage of Equipment – The Government will provide limited storage space for Contractor’s supplies and small equipment. The contractor will be required to maintain odorless and clean storage areas. Storage areas will be free of clutter and debris.

12. CONTRACTING OFFICER’S REPRESENTATIVE (COR) – The contracting officer will designate a representative herein referred to as the Contracting Officer’s Representative (COR). The COR will provide on-the-ground administration of the contract. Prior to the start of work, the Contracting Officer will provide the Name, Address, and Telephone number of the COR to the contractor.

13. INSPECTION AND ACCEPTANCE – The Contracting Officer’s Representative (COR) shall perform periodic inspections. The Contractor shall return to any area that does not meet specifications and bring the work up to specifications within two (2) days of written notification.

14. CONDUCT OF WORK – The work will be performed in accordance with time or frequency schedules prescribed in the specifications. It shall be carried on without interference with the proper performance of government business. The contractor and their employees shall:

a. Shall not disturb papers on desks, drawers or cabinets; use telephones or radios provided for official government facility during work performance.

b. See that all articles found are turned in to the District Ranger.

c. Refrain from having minor children under age 16 present on the Government facility during work performance.

d. Turn off lights, close and lock windows and doors, insuring that the building is safe and secure upon completion of work. After each period of cleaning or other service, the area shall be inspected for fire hazards.

15. DEFECTIVE WORK, DAMAGE AND PROTECTION – The contractor shall, at their own expense, remedy and correct any defect in risk. They shall, without additional cost to the Government, be fully responsible for all damage to property or injury to persons, which results from their employee’s fault or negligence in connection with this contract.

The contractor will be responsible for damage done to Government equipment and/or fixtures by his/her employees. See Section I, FAR Clause 52.237-2- Protection of Government Building, Equipment and Vegetation (APR 1984).

16. PAYMENT – Payment will be made monthly in arrears at the Contract Unit Price. The Contractor shall submit an invoice every month to the Cuba Ranger District, 04B County Rd 11 Cuba, New Mexico 87013. The Purchase Order number, remittance address and duns number, and invoice number must be referenced on the invoice, to insure payment.

Payment will be made in accordance with the Prompt Payment Act. Payment will be due 30 days from the date the invoice is received by the payment office or acceptance or services, whichever is the later.

If, after the acceptance of this contract, the Contractor is unable to perform the janitorial services according to the specifications (either by nonperformance or unacceptable work), a deduction will be made for each day the services are not done or accepted. This determination will be made by the COR. The Contractor will have two (2) days to bring work up to specifications.

17. INCLEMENT WEATHER – When inclement weather sets in, and the work is impractical, upon written request by the Contractor, the Contracting Officer may authorize a total suspension until such weather has passed, and work can proceed. During period of total suspension the calendar days elapsed will not be charged against the contract time specified.

18. SUBCONTRACT – The Contactor shall NOT subcontract nor have individuals under the age of 16 years to perform duties in connection with all and/or part of this contract without prior approval of the Contracting Officer.

19. PRE-AWARD VISIT – The pre-bid site visit is scheduled for January 03, 2018 at 1100

am. All potential bidders are highly encouraged to attend.

20. PRE-WORK CONFERENCE – Prior to the beginning of work, a meeting will be held with the successful contractor.

SECTION D- PACKAGING AND MARKING

{For this Solicitation there are NO clauses in this section}

SECTION E – INSPECTION AND ACCEPTANCE

FAR 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/

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984)

52.246-4 Inspection of Services—Fixed-Price (AUG 1996)

(a) Definition: “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may --

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may --http://farsite.hill.af.mil/

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of Clause)

AGAR 452.246-70 Inspection and Acceptance (FEB 1988)

(a) The Contracting Officer or the Contracting Officer’s duly authorized representative will inspect and accept the supplies and or/services to be provided under this contract.

(b)The COR or a designated inspector will make periodic inspections as work progresses. The contractor may observe the inspection while it is being made.

(c)Acceptance of the work will be determined by 100% visual inspection and will be based on adherence tp the specifications.

(d) Non-conformance with any of the specifications will classify the work as unsatisfactory and rework may be required to bring the work up to standard.

SECTION F – DELIVERIES AND PERFORMANCE

FAR 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

AGAR 452.211-74 Period of Performance (FEB 1998)

The period of performance for this Base year is from (estimated) 02/01/2018 to 01/31/2019.

There are four option years that, if exercised, will have a performance of one year.

(Estimated Start Date)

_______BASE YEAR-FY 2018 February 01, 2018 through January 31, 2019

OPTION YEAR ONE-FY 2019 February 01, 2019 through January 31, 2020

OPTION YEAR TWO-FY 2020 February 01, 2020 through January 31, 2021

OPTION YEAR THREE-FY 2021 February 01, 2021 through January 31, 2022

OPTION YEAR FOUR-FY 2022 February 01, 2022 through January 31, 2023 http://farsite.hill.af.mil/vmfara.htm

SECTION G – CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled at a mutually agreed upon time and date. The conference will be held at the Cuba Ranger District office in Cuba, NM.

G-1 Designation of Contracting Officer’s Representative The Contracting Officer upon award will designate in writing a Contracting Officer’s Representative (COR).

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract is effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms the Contractor shall communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits.

Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G-2 Notification of Subcontracting The Contractor shall promptly the Contracting Officer upon entering into any subcontract arrangement. The notification shall include as a minimum:

1. The name, address and telephone number of the subcontractor.

2. The date upon which the subcontract was entered into and its duration.

3. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

G-3 Use of Premises

The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform the contract in such a manner as not to interrupt or interfere with the conduct of Government business.

G-4 Public Officials not Personally Liable There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them, by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

G-5 Basis for Payment Payment will be based on a monthly basis, in arrears, for all work satisfactorily inspected and accepted at the unit prices on the Schedule of Items.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H-1 Site Visit

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.

H-2 Material Safety

The Contractor shall not use or apply any chemicals that may be hazardous or have environmental concerns, without prior approval of the COR. Examples of chemicals:

insecticides, pesticides and harsh cleaning agents.

Contractor must have on site, MSDS (Material Safety Data Sheets) sheets for all chemical products utilized.

H-3 USE OF RECOVERED MATERIALS AND BIOBASED PRODUCTS

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management, “and the Federal Acquisition Regulation to provide bio based products.

The Contractor shall utilize products and material made from bio based materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered of the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal Specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative. Additionally the Contractor shall use recovered materials to the maximum extent possible.

The following is an example list of products that may be used in this contract for which bio based products or recovered materials are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of bio based products listed meeting the health and environmental specifications.

Janitorial cleaning products and supplies

All Purpose Cleaner Degreaser/Cleaner Heavy-duty Cleaner Deodorizer Carpet Shampoo Floor Finish Gum Remover Floor Finish Restorer Disinfectant Sanitizer Floor Sealer Extraction Fluid Furniture Polish Floor Stripper Glass Cleaner Neutral Cleaner (Liquid) Grout Sealer Stain Remover Stainless

Steel Polish Laundry Detergent Toilet Bow Cleaner Bathroom Cleaner White Board Cleaner Brass Polish/Cleaner Wood Floor Cleaner Chrome Polish/Cleaner Liquid Hand Soap (Including Dispenser) Cream Cleaner Air Freshener (Including Dispenser) Solvent Lime & Scale Remover (Tub/Tile Cleaner)

The Contractor shall comply with the provision of FAR 52.223-1, Bio based Product Certification, FAR 52.223-2, Affirmative Procurement of Bio based Products Under Service and Construction Contracts, and FAR 52.223-4 Recovered Material Certification.

Guide to minimum bio based content:

http://www.biopreferred.gov/files/BioPreferred%20Product%20Categories%20June%202013.pd f

EPA’s list of designated products under the Comprehensive Procurement Guidelines:

http://www.epa.gov/waste/conserve/tools/cpg/products/index.htm

H-4 FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS

UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEPT 2013)

(a) In the performance of this contract, the contractor shall make maximum use of bio based products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov , with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated bio based products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

http://www.epa.gov/waste/conserve/tools/cpg/products/index.htm http://www.sam.gov/

SECTION I – CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (Aug 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An 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) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

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

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

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

4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(End of clause)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Aug 2017)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 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:

__ (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).

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