1284LL22Q0038 Troy Ranger Station-Janitorial Services.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

84LL

COEUR DALENE ID 83815-8420

3232 W NURSERY RD

IDAHO PANHANDLE NATIONAL FORESTS

USDA-FS CSA INTERMOUNTAIN 1

8632 CODE 16. ADMINISTERED BYCODE

X

X

X

561720

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR84LL

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/31/2022 1700 PT

05/16/2022

208-765-7273CHRISTINA GRAVES

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1284LL22Q0038

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 95 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

TROY MT 59935

12858 US HIGHWAY 2

THREE RIVERS RANGER DISTRICT

USDA FOREST SERVICE

15. DELIVER TO

COEUR DALENE ID 83815-8420

3232 W NURSERY RD

IDAHO PANHANDLE NATIONAL FORESTS

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$19.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA-FS CSA INTERMOUNTAIN 1

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Janitorial Services, Troy Ranger Station, Three Rivers Ranger District, Kootenai National Forest Period of Performance: 07/01/2022 to 04/30/2027

0001 Base Year, Janitorial Services, Troy RS - Main Office, Fire Warehouse, Conference Room Building, and B.D. Building

Period of Performance: 07/01/2022 to 04/30/2023

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

CHRISTINA M. GRAVES

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

1058222

UEI:___________________________

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0002 Base Year, Annual Janitorial Services, Troy RS -

Recreation Building, Fire Bunkhouse, A-Frame

Bunkhouse North, and A-Frame Bunkhouse South

Period of Performance: 07/01/2022 to 04/30/2023

1001 Option Year 1, Janitorial Services, Troy RS

(Option Line Item)

Product/Service Code: S201

Product/Service Description: HOUSEKEEPING-

CUSTODIAL JANITORIAL

Period of Performance: 05/01/2023 to 04/30/2024

2001 Option Year 2, Janitorial Services, Troy RS

(Option Line Item)

Product/Service Code: S201

Product/Service Description: HOUSEKEEPING-

CUSTODIAL JANITORIAL

Period of Performance: 05/01/2024 to 04/30/2025

3001 Option Year 3, Janitorial Services, Troy RS

(Option Line Item)

Product/Service Code: S201

Product/Service Description: HOUSEKEEPING-

CUSTODIAL JANITORIAL

Period of Performance: 05/01/2025 to 04/30/2026

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

95 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 95

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

1284LL22Q0038

4001 Option Year 4, Janitorial Service, Troy RS

(Option Line Item)

Product/Service Code: S201

Product/Service Description: HOUSEKEEPING-

CUSTODIAL JANITORIAL

Period of Performance: 05/01/2026 to 04/30/2027

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation #1284LL22Q0038 Janitorial Services – Troy Ranger Station

SECTION B – CONTINUATION OF SF-1449

B.1. CONTINUATION OF BLOCK 19 LINE ITEMS

B.2. CONTINUATION OF BLOCK 20 SCHEDULE OF SUPPLIES/SERVICES AND

PRICE/COST

Period of Performance Base Year: 07/01/2022 – 04/30/2023

ITEM

NUMBER DESCRIPTION QTY

UNIT

OF

ISSUE

UNIT

PRICE

TOTAL

PRICE

Main Office, Fire Warehouse, Conference Room Building July-April 3 days per week

10 Month $__________ $____________

B.D. Building July-November 3 days per week

5 Month $__________ $____________

Recreation Building November 1 Annual $__________ $____________

Fire Bunkhouse November 1 Annual $__________ $____________

A-Frame Bunkhouse North November 1 Annual

A-Frame Bunkhouse South November 1 Annual

OPTION ITEM – Surge Cleaning The estimated quantity shown is for evaluation purposes only.

Contractor will be paid for actual quantities.

1 Hour $__________ N/A

BASE YEAR TOTAL $____________

Period of Performance Option Year 1: 05/01/2023 – 04/30/2024

ITEM

NUMBER DESCRIPTION QTY

UNIT

OF

ISSUE

UNIT

PRICE

TOTAL

PRICE

Main Office, Fire Warehouse, Conference Room Building May-April 3 days per week

12 Month $__________ $____________

B.D. Building April-November 3 days per week

8 Month $__________ $____________

Recreation Building November 1 Annual $__________ $____________

Fire Bunkhouse November 1 Annual $__________ $____________

A-Frame Bunkhouse North November 1 Annual

A-Frame Bunkhouse South November 1 Annual

OPTION ITEM – Surge Cleaning The estimated quantity shown is for evaluation purposes only.

Contractor will be paid for actual quantities.

OPTION YEAR 1 TOTAL $____________

Period of Performance Option Year 2: 05/01/2024 – 04/30/2025

NUMBER DESCRIPTION QTY

UNIT

OF

ISSUE

UNIT

PRICE

TOTAL

PRICE

Main Office, Fire Warehouse, Conference Room Building May-April 3 days per week

12 Month $__________ $____________

B.D. Building April-November 3 days per week

8 Month $__________ $____________

Recreation Building November 1 Annual $__________ $____________

Fire Bunkhouse November 1 Annual $__________ $____________

A-Frame Bunkhouse North November 1 Annual

A-Frame Bunkhouse South November 1 Annual

OPTION ITEM – Surge Cleaning The estimated quantity shown is for evaluation purposes only.

Contractor will be paid for actual quantities.

OPTION YEAR 2 TOTAL $____________

Period of Performance Option Year 3: 05/01/2025 – 04/30/2026

NUMBER DESCRIPTION QTY

UNIT

OF

ISSUE

UNIT

PRICE

TOTAL

PRICE

Main Office, Fire Warehouse, Conference Room Building May-April 3 days per week

12 Month $__________ $____________

B.D. Building April-November 3 days per week

8 Month $__________ $____________

Recreation Building November 1 Annual $__________ $____________

Fire Bunkhouse November 1 Annual $__________ $____________

A-Frame Bunkhouse North November 1 Annual

A-Frame Bunkhouse South November 1 Annual

OPTION ITEM – Surge Cleaning The estimated quantity shown is for evaluation purposes only.

Contractor will be paid for actual quantities.

OPTION YEAR 3 TOTAL $____________

Period of Performance Option Year 4: 05/01/2026 – 04/30/2027

NUMBER DESCRIPTION QTY

UNIT

OF

ISSUE

UNIT

PRICE

TOTAL

PRICE

Main Office, Fire Warehouse, Conference Room Building May-April 3 days per week

12 Month $__________ $____________

B.D. Building April-November 3 days per week

8 Month $__________ $____________

Recreation Building November 1 Annual $__________ $____________

Fire Bunkhouse November 1 Annual $__________ $____________

A-Frame Bunkhouse North November 1 Annual

A-Frame Bunkhouse South November 1 Annual

OPTION ITEM – Surge Cleaning The estimated quantity shown is for evaluation purposes only.

Contractor will be paid for actual quantities.

OPTION YEAR 4 TOTAL $____________

TOTAL BASE AND ALL OPTION ITEMS $____________________

B.3 DESCRIPTION OF REQUIREMENT

The Troy Ranger Station, Three Rivers Ranger District, Kootenai National Forest, has a requirement for janitorial services within eight Federally-controlled facilities. Three of the buildings will require year-round janitorial services, one building will require janitorial services for two-thirds of the year, and four of the buildings will require annual janitorial services.

This work is being solicited as a performance-based service contract. The Contractor shall provide all management, tools, equipment, and labor necessary to ensure that janitorial services are performed at Federally-controlled facilities for the Troy Ranger Station in a manner that will maintain satisfactory facility conditions and present a clean, neat, and professional appearance.

The Contractor’s workforce shall perform all services associated with general janitorial cleaning duties listed in the technical requirements.

The Contractor shall be responsible for the orderliness and cleanliness of all areas. All areas shall be kept clean, neat, and free of fire and safety hazards or unsanitary conditions.

Floor plans and a site map are included as an attachment to this RFQ. There are no floor plans available for the two A-Frame Bunkhouses.

The eight buildings are defined as:

B.3.1. Main Office B.3.2. Fire Warehouse B.3.3. Conference Room Building B.3.4. B.D. Building B.3.5. Recreation Building B.3.6. Fire Bunkhouse B.3.7. A-Frame Bunkhouse North B.3.8. A-Frame Bunkhouse South

Janitorial services are required year-round for the Main Office, Fire Warehouse, and Conference Room Building. Janitorial services are required part of the year for the B.D. Building. Janitorial services are required annually for the Recreation Building, Fire Bunkhouse, A-Frame Bunkhouse North, and the A-Frame Bunkhouse South.

The Government is not responsible for any error or variation in the square footage listed, not will the Contractor, because of any error or variation in the square footage listed, be relieved of his/her responsibility to carry out the contract in accordance with the true intent and meaning of the specifications and there shall be no additional cost to the Government based solely on an error or variation in the square footage or other similar miscalculations listed. The descriptions below are the areas that are intended to be covered by the resultant contract.

B.3.1. Main Office

The Troy Ranger Station Main Office is a two-level, split-ranch type building which originally was two separate buildings. The center section was added later to join the buildings. The center section connects the North Wings and the South Wings with stairways. The South Wing has a metal, wrought-iron, circular stairway with open, carpeted risers, railings, and a handrail. Each wing is constructed at a different elevation and the total square footage is approximately 12,910 square feet.

The center section is approximately 1,345 square feet and includes room #20 on the attached floor plan. This area consists of a lobby/reception area, one office, and a public restroom off the lobby. The public restroom is a half-bath type with a sink and toilet.

Flooring is 100% carpet in the lobby, hallway, and office. Flooring is 100% ceramic tile in the public restroom. There is a stuffed Grizzly bear mount in the corner of the lobby that will not be part of the contract.

The Upper-Level North Wing is approximately 3,270 square feet. The Upper-Level North Wing rooms are numbered 1-9 on the attached floor plan. This area consists of seven offices, a larger open-concept office area with desks, chairs, and dividers, and a common area that houses the mail, copiers/printers, an employee break area with a small kitchenette, and two restrooms. There are windows throughout. Flooring is 100% carpet in the office areas and hallway, 100% ceramic tile in the restrooms, and 100% wood laminate in the break/kitchenette area.

The Upper-Level South Wing is approximately 3,240 square feet. The Upper-Level South Wing rooms are numbered 10-19 on the attached floor plan. This area consists of eight offices, a larger open-concept office area with desks, chairs, and dividers, a common area with chairs and a table, and two restrooms. There are windows throughout.

Flooring is 100% carpet in the office areas, common area and hallway, and sheet vinyl or sheet linoleum in the restrooms.

The Lower-Level North Wing is approximately 2,555 square feet. The Lower-Level North Wing consists of nine rooms including two conference room areas, a hallway, and a small storage library. Only the two conference areas, hallway, and library will be serviced. Flooring is 100% carpet.

The Lower-Level South Wing is approximately 2,500 square feet. The Lower-Level South Wing rooms are numbered 20-26 on the attached floor plan. This area consists of open-concept office area with desks, chairs, and dividers, a small break area, and two restrooms. There are windows throughout. Flooring is 100% carpet and 100% sheet vinyl or sheet linoleum in the restrooms.

B.3.2 Fire Warehouse

The Fire Warehouse is a one-level building and is approximately 1,407 square feet. Only the Fire Office Area, Fire Crew Area, Restroom, and hallway will be serviced. The Fire Office and Fire Crew Areas are open-concept office space with desks and chairs, bookcases, printers, whiteboards, and some minor appliances. The restroom has 1 sink, 1 toilet, and 1 shower. The shower is all plastic with a plexiglass door. Flooring is 100% carpet in the Fire Office and Fire Crew areas, raw concrete in the hallway, and vinyl tile in the restroom. The Contractor will not be responsible for cleaning/maintaining the whiteboards.

B.3.3 Conference Room Building The Conference Room building is a one-level building and is approximately 1,000 square feet. The building is comprised of a large conference room and a smaller entry room.

The large conference room is comprised of a variety of tables, chairs, whiteboards, and a very large television console on wheels. The smaller entry room is primarily used to store extra tables and chairs and contains a storage cabinet. There are windows in this building. Flooring is 100% carpet in the large conference room and 100% sheet linoleum in the smaller entry room. The Contractor will not be responsible for cleaning/maintaining the whiteboards.

B.3.4 B.D. Building The B.D. Building is a one-level building and is approximately 1,072 square feet. The north end of the building is an open floor plan with an enclosed foyer, workout/weight area, break/laundry area, and two restrooms. Both restrooms have 1 sink, 1 toilet, and 1 shower. Both showers are all plastic with a small bench and a shower curtain. There is an ice machine in the break/laundry area. There are windows in this building. Flooring is 100% vinyl tile throughout. The Contractor will not be responsible for cleaning/maintaining the Engine Bay, Storage area, or workout/weight area.

B.3.5 Recreation Building The Recreation Building is a one-level building and is approximately 824 square feet.

There is an enclosed mudroom on the southwest side of the building with a door that leads out back. The Recreation Building has an open floor plan with furniture. There is no bathroom and no running water. There are windows in this building. Flooring is 100% carpet except for the mudroom which is vinyl tile.

There is wood plank decking on the front of the building. The decking extends off the east side of the building and ties in with the decking at the front door and kitchen door of the Fire Bunkhouse. The deck is covered on the east side off the front entrance. The Contractor will not be responsible for cleaning/maintaining the decking.

B.3.6 Fire Bunkhouse

The Fire Bunkhouse is a one-level building and is approximately 1,019 square feet. The building has a kitchen and two rooms. The main room is an open floor plan that may or may not have wall dividers. The smaller room is a bedroom. There is no bathroom.

There are windows throughout the building. Flooring is 100% sheet linoleum in the kitchen and 100% carpet in the main room and bedroom.

There is wood plank decking in an L shape that runs halfway on the front of the building and along the kitchen side. The decking extends off the southeast side of the building and ties in with the decking at the front of the Recreation Building. The deck is covered on the south side off the kitchen and on the east side off the front entrance. The Contractor will not be responsible for cleaning/maintaining the decking.

B.3.7 A-Frame Bunkhouse North The A-Frame Bunkhouse North is a two-level building with a single room on the ground floor and a loft that will not be serviced. The ground level room is approximately 256 square feet. There is no bathroom, no kitchen, no sink, no appliances, and no running water. The A-Frame Bunkhouse North consists of furniture such as beds, tables, dressers, and chairs. There are 2 windows. Flooring is 100% carpet. There is no floor plan for the A-Frame Bunkhouse North.

B.3.8 A-Frame Bunkhouse South The A-Frame Bunkhouse South is a two-level building with a single room on the ground floor and a loft that will not be serviced. The ground level room is approximately 256 square feet. There is no bathroom, no kitchen, no sink, no appliances, and no running water. The A-Frame Bunkhouse South consists of furniture such as beds, tables, dressers, and chairs. There are 2 windows. Flooring is 100% carpet. There is no floor plan for the A-Frame Bunkhouse South.

B.4. LOCATION

The Troy Ranger Station is located at 12858 US Highway 2, Troy, Montana, 59935-8750. The Troy Ranger Station is also known as the Three Rivers Ranger District. All buildings are located at the Troy Ranger Station.

B.5. SCHEDULE OF WORK

The facility office hours are from 8:00 a.m. to 4:30 p.m., Monday through Friday, except Federal Holidays. Contractor’s normal work schedule shall be three days per week Mondays, Wednesdays, and Fridays or Mondays, Wednesdays, and Saturdays. Contractor work hours shall be between the hours of 5:30 p.m. and 5:00 a.m. except on Saturday. Saturday cleaning may be performed at any time. Contractors’ normal work schedule shall be posted with contact information in the same area as storage of materials.

The Contractor is not required to provide service on Federal Holidays but may work Federal Holidays if they wish in order to maintain minimum required work schedule and performance standards. Federal Holidays are observed as follows:

• New Year’s Day, January 1*

• Birthday of Martin Luther King, Jr., third Monday in January

• Washington’s Birthday, third Monday in February

• Memorial Day, last Monday in May

• Juneteenth, June 19*

• Independence Day, July 4*

• Labor Day, first Monday in September

• Columbus Day, second Monday in October

• Veteran’s Day, November 11*

• Thanksgiving Day, Fourth Thursday in November

• Christmas Day, December 25*

*Government facilities observe Federal Holidays that fall on a weekend as follows: Government facility will be closed the Friday before a holiday which falls on a Saturday; Government facility will be closed the first Monday after a holiday which falls on a Sunday.

The Troy Ranger Station periodically (possibly 4 times per year) holds public meetings after normal business hours. The Contractor will be given advanced notice by the COR as to when the Government will hold public meetings and when the Contractor can resume the normal cleaning schedule.

Biannual Items (October and April)

• Clean Windows

• *See Task 4.5.1.o. for details

Biannual Items (November and April)

• Steam Clean Carpets

• *See Task 4.3.1.b. for details

Biannual Items (November and April)

• Strip and Wax Resilient/Non-Resilient Floors

• *See Task 4.3.2. for details

Annual Items (November)

• Recreation Building

• Fire Bunkhouse

• A-Frame Bunkhouse North

• A-Frame Bunkhouse South

B.6 CONTRACT TYPE

This is a firm fixed-price contract.

B.7 MEASUREMENT AND PAYMENT

B.7.1. Invoice. The Contractor shall invoice through the Invoice Processing Platform (IPP) system for services rendered. Contractors shall submit all invoices electronically via IPP.

Invoices shall be submitted each month in arrears after acceptance by the COR. Payment will be made from the Contractor’s invoice and invoices shall be in accordance with FAR clause 52.212- 4(g) Invoice.

Payment for less than a one-month period shall be pro-rated on the basis of the actual number of working days in the month. An explanation of any pro-rated price shall be included on the Contractors’ submitted invoice.

B.7.2. IPP. The Forest Service is utilizing IPP for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a web-based system that provides one integrated, secure system to simplify the management of vendor invoices. It is offered at no charge to federal agencies and their vendors. Visit https://www.ipp.gov/ to learn more.

After contract award, enrollment in IPP shall be completed by the USDA Forest Service based on the awardee’s System for Award Management (SAM) account. Once enrolled by the agency, the contract awardee shall receive two emails: one with an IPP login ID and one with a temporary password. Vendors need to ensure that the Point of Contact’s email address is up to date in your company’s SAM account at https://sam.gov/content/home and that any recent update(s) have been allowed time to process resulting in an “Active” status on the SAM account.

https://www.ipp.gov/ https://sam.gov/content/home

SECTION C – CONTRACT CLAUSES

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):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)

Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452)

Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (Nov 2021)

(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 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 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 Federal Acquisition Regulation (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, 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;

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.202-1#FAR_52_202_1

(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.

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(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 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.

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(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 FAR 32.608-2 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.

https://www.acquisition.gov/far/32.608-2#FAR_32_608_2

(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.

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(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) [Reserved]

(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.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (MAY 2022)

(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 products and commercial services:

https://www.gsa.gov/forms-library/solicitationcontractorder-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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV

2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

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_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C.

644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C.

644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C.

637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C.

637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2021) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 637s).

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__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (SEP 2021) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (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 (SEP

2021) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

_X_ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

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