1284LM22Q0007 RFQ Draft.pdf

Solicitation Number: 1284LM22Q0007

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued as an RFQ (Invitation to Bid (IFB), Request for Quotation (RFQ), or Request for Proposal (RFP)).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-07.

(iv) This procurement is set aside for SMALL BUSINESS (enter type of set aside or change to full and open). The NAICS code is 561720 and the Small Business Size Standard is $19.5M

(v) Schedule of Items/Price Schedule

BASE PERIOD

Item No.

Description Qty

Unit Unit Price Total Price

1. Plains Ranger District, Main Office Building February 1, 2022 through January 31, 2023. 12 MO

2. Bunkhouse Annual Cleaning November 1, 2022 through December 31, 2022.

1 Yearly

Total Base Period:

OPTION PERIOD ONE

No.

Description Qty

Unit Unit Price Total Price

1. Plains Ranger District, Main Office Building February 1, 2023 through January 31, 2024. 12 MO

2. Bunkhouse Annual Cleaning November 1, 2023 through December 31, Total Option Period One:

Commented [JMA-1]: Insert your schedule of items here.

OPTION PERIOD TWO

Item No.

Description Qty. Unit Unit Price Total Price

1. Plains Ranger District, Main Office Building February 1, 2024 through January 31, 12 MO

2. Bunkhouse Annual Cleaning November 1, 2024 through December 31, 2024.

Total Option Period Two:

OPTION PERIOD THREE

No.

Description Qty. Unit Unit Price Total Price

1. Plains Ranger District, Main Office Building February 1, 2025 through January 31, 12 MO

2. Bunkhouse Annual Cleaning November 1, 2025 through December 31, 2025.

Total Option Period Three:

OPTION PERIOD FOUR

No.

Description Qty. Unit Unit Price Total Price

1. Plains Ranger District, Main Office Building February 1, 2026 through January 31, 12 MO

2. Bunkhouse Annual Cleaning November 1, 2026 through December 31, 2026.

Total Option Period Three:

(vi) Description of Requirement (including a list of any attachments)

The contractor shall provide all management, tools, equipment, and labor necessary to ensure that custodial services are performed at Government offices located at Plains Ranger District, Plains, Montana, in a manner that will maintain a satisfactory facility condition and present a clean, neat and professional appearance. The Contractor’s workforce shall perform all services associated with general custodial 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.

This work is being solicited as a performance-based service contract for the term of one base year plus four option years. Performance based means the Contractor is responsible for an end product. If an end product is not provided in compliance with the contract specifications, an adjustment to the payment will be made.

(vii) Date(s) and Place(s) of Delivery and Acceptance

The Plains Ranger Station is located at 408 Clayton, in Plains MT. Plains Montana is located approximately 77 miles northwest of Missoula, MT. Follow Interstate 90 west from Missoula to St. Regis, Montana approximately 49 miles and take Highway 135 east approximately 21 miles, take Highway 200 north approximately 7 miles.

The main office has 4,873 square feet upstairs and 2,629 downstairs. Approximately 1200 square feet is laminate flooring; the remainder is carpet, minus the bathrooms.

The bunkhouse common area is 943 square feet. The bunkhouse residential area upstairs and downstairs is roughly 2,000 square feet. This will be an annual cleaning.

SITE VISIT

To schedule a site visit to the Plains Ranger District, please contact Kelly Altmiller at 406.826.4320.

GOVERNMENT – FURNISHED PROPERTY

• Keys or locks necessary for access to areas requiring work under this contract.

• Dumpsters for trash and refuse disposal.

• Storage space for Contractor-furnished cleaning supplies and equipment.

• Utilities to operate equipment and water necessary to complete the work.

• All personal hygiene restroom supplies (hand soap, paper towels, 2-ply bath tissue, sanitary napkin receptacle liners, room deodorants and trash can liners).

CONTRACTOR-FURNISHED PROPERTY

The Contractor shall furnish:

Commented [JMA-2]: Insert requirement description. List an applicable attachments to your solicitation here. Ie: product specifications.

Commented [JMA-3]: Enter required delivery information

1. All necessary supplies and materials (including cleaning supplies, wax, shampoo, spot remover, soap, plastic garbage bags) except those specified as Government-furnished property.

2. All necessary cleaning equipment including but not limited to: scrubbing machine, floor polishing machine, and vacuum cleaner.

Equipment shall be commercial size and type customarily used by the janitorial profession and capable of handling sand and gravel brought in by boots. Equipment designed for home use will not meet these specifications. The Contractor’s equipment shall be in good repair and able to operate efficiently and safely.

The COR may inspect the Contractor’s equipment, tools, or supplies at any time and direct the removal of any objectionable, improper, inadequate, or unsafe items. These items shall be removed from the job by the Contractor and replaced with satisfactory equipment.

The Contractor shall provide and maintain a file with copies of MSDS’s for all chemical products used under this contract. This file shall be kept in the building and accessible to the COR at all times.

CONTRACTOR PERSONNEL

Only personnel trained in custodial and maintenance services shall be allowed to perform work under this contract. Contractor personnel shall be easily recognized as contractor employees. A roster of contractor personnel employed under this contract shall be provided to the Contracting Officer Representative (COR) 2 days prior to a Notice to Proceed being issued. This roster shall list employee names, duties assigned, and the shift/hours and days each employee is scheduled to work. The roster shall also show telephone and pager numbers of the contract manager and /or alternates. Subsequent changes to these rosters shall be provided to the COR no later than 1 day after any change is made.

The Contractor shall provide adequate supervision of crew to prevent employees from disturbing papers on desks, opening drawers or cabinets, using telephones, or computers provided for official Government use. The Contractor or employees shall not bring children to the premises while the work is being performed.

The Contractor must be able to do onsite inspections of personnel’s work at least every 2 months or per a schedule agreed upon by Contracting Officer and Contractor.

QUALITY CONTROL

The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to ensure contract standards are met. The Contractor shall provide a quality control plan for Plains Ranger District Main Building and the Plains Bunkhouse. Plans shall be submitted within 7 days of contract award.

Records of inspections shall be kept and made available to the Government throughout the performance period and for the period after contract completion until final settlement of any claims under this contract.

A description of the inspection system shall include control procedures for any Government-provided keys or lock combinations, location of the documented inspections and corrective or preventative actions taken, and a customer comments feedback system.

GOVERNMENT QUALITY ASSURANCE

Assessment Methods:

The Government will evaluate the Contractor’s performance under this contract. A variety of surveillance methods may be used; i.e., random sampling, a 100% inspection, or customer feedback. When validating customer comments, the possible cause of unacceptable performance will be determined. If any Government action or lack of action was the cause, the complaint is not valid and deficiencies shall not be counted against the Contractor.

Deduction Methods:

The Government will record performance noting any substandard performance. For substandard performance, the Government’s preferred course of action will be discussions with the Contractor to make the Contractor aware of the problem, and to effectively prevent any recurrence of substandard performance. The Government may also take the following actions:

a. Presentation of a Contract Discrepancy Report requiring a written explanation for substandard performance.

b. Require correction or re-performance of the service.

BUILDING SECURITY

The Contractor shall be responsible for safeguarding all Government property. At the end of each work period, all Government facilities, equipment, and materials shall be secured. All buildings will be locked and unlocked by the Government. However, the Contractor shall double check all doors nightly. On week days, interior lights shall be turned off and exterior turned on.

Fans in bathrooms, portable air conditioners, and other like conveniences shall be turned off.

Night lighting as designated by COR shall be left on.

The Contractor shall prohibit the use of keys issued by the Government by any persons other than the contract employees. The Contractor shall not duplicate any keys issued by the Government and shall immediately report to the CO any occurrences of lost or duplicated keys.

In the event keys are lost or duplicated, the Contractor may be required to re-key or replace the affected lock(s) without cost to the Government. The Government may, at its option, replace the affected lock(s) or perform re-keying. Cost of such work shall be deducted from the Contractor’s payment.

TECHNICAL REQUIREMENTS

WORK HOURS AND FREQUENCY OF SERVICE:

Unless otherwise specified for periodic cleaning, basic cleaning for Main Office and Bunkhouse Residence shall be performed per the following guidelines:

Item 1. Main Office Building Daily between the hours of 1800 and 0600, excluding Federal holidays. A weekend day may be substituted for the last weekday.

Item 2. Bunkhouse Residence (Nov. 1 – December 31) Item 3. Bunkhouse Bathrooms Twice a week between the hours of 1500 and

1900 (April 1- September 30)

BASIC CLEANING SERVICES. The Contractor shall accomplish all cleaning tasks to meet the requirements of this Statement of Work (SOW) and the Service Delivery Summary (SDS).

1. Maintain Floors. All floors, shall be cleaned as needed, to ensure they have a uniform appearance free of dirt, debris, dust, scuff marks, heel marks, other stains and discoloration, and other foreign matter. Baseboards, corners, and wall/floor edges shall be clean of dust and cobwebs. Chairs, trash receptacles, rugs and other moveable items shall be moved to maintain floors underneath these items. All moved items shall be returned to their original and proper position. Maintenance of the floors will include approximately 1200 square feet of laminate flooring.

2. Remove Trash. All trash containers shall be emptied and returned to their initial location. The trash shall be deposited in the nearest outside trash collection container.

Trash receptacles shall be left clean, free of foreign matter, and free of odors.

3. Clean Drinking Fountains. Clean and disinfect all porcelain and polished metal surfaces, including the orifices and drain, as well as exterior surfaces of fountain.

4. Vacuum carpets, Floor Mats and Stairways. Vacuum carpeted areas, and interior and exterior floor mats. Spots shall be removed as soon as noticed. Soil and moisture underneath mats shall be removed and mats returned to their normal location. After vacuuming, the area shall be free of visible dirt, debris, litter and other foreign matter.

5. General Spot Cleaning and Dusting. Perform spot cleaning on a continual basis. This includes cleaning of major smudges, fingerprints, marks, streaks, spills, etc., from washable surfaces of all walls, partitions, vents, grillwork, doors, door guards, door handles, push-bars, kick-plates, light switches, temperature controls, and fixtures.

Remove dust and cobwebs from ceilings, walls and window trim as needed.

6. Clean and Disinfect Restrooms. Completely clean and disinfect all surfaces of sinks, toilet bowls, urinals, lavatories, dispensers, plumbing fixtures, partitions, dispensers, doors, walls, floors, mirrors and other such surfaces, using a germicidal detergent.

7. Stock Restroom Supplies. Contractor shall ensure restrooms are stocked sufficiently so that supplies including soap for the soap dispensers do not run out. Supplies shall be stored in designated areas. No overstocking shall be allowed. If supplies run out prior to the next service date, contractor shall refill within one (1) day of notification.

PERIODIC CLEANING SERVICES.

1. Strip, Scrub, Seal, and Wax Floors. Strip, scrub, seal and wax floors as necessary (when floors are scuffed and appear dirty) to maintain a uniform glossy appearance.

A non-skid wax is required. A uniform glossy appearance is free of scuffmarks, heel marks, wax build-up, and other stains and discoloration. This will be done quarterly, every three months.

2. Clean/Shampoo Carpets. All carpets shall be cleaned in accordance with standard commercial practices. Stationary furniture shall not be moved to facilitate shampooing. Shampoo carpets once a year.

3. Clean Bunkhouse Residence. This area consists of seven (7) carpeted bedrooms, three communal bathrooms, and a residential kitchen and common area with vinyl flooring, it will be cleaned once a year when there is no one residing in the rooms.

This is approximately 2,200 square feet. All floors will be cleaned and waxed. Clean and disinfect all surfaces of sinks, toilet bowls, urinals, lavatories, dispensers, plumbing fixtures, partitions, dispensers, doors, walls, mirrors and other such surfaces, using a germicidal detergent. All carpet will be thoroughly vacuumed and shampooed. Perform spot cleaning to include cleaning of major smudges, fingerprints, marks, streaks, spills, etc., from washable surfaces of all walls, partitions, vents, grillwork, doors, door guards, door handles, push bars, kick plates, light switches, temperature controls, and fixtures. Remove dust and cobwebs from ceilings, walls and window trim as needed. All trash will be removed.

4. Clean Bunkhouse Bathrooms. There are three bathrooms located in the bunkhouse (5 showers, 5 toilets, and 5 sinks), two on the main floor and one in the basement. These will be cleaned twice a week (Mondays and Thursdays). Completely clean and disinfect all surfaces of sinks, toilet bowls, urinals, lavatories, dispensers, plumbing fixtures, partitions, dispensers, doors, walls, floors, mirrors and other such surfaces, using a germicidal detergent. All trash will be removed.

FREQUENCY OF BASIC SERVICES, Minimum Required Standards

TYPE BASIC SERVICES

Main Office

Maintain Floors. Five times weekly Remove Trash. Five times weekly Clean Drinking Fountains. Five times weekly Vacuum Carpets, Floor Mats and Stairways. Five times weekly General Spot Cleaning and Dusting. Three times weekly Clean and Disinfect Restrooms Five times weekly Stock Restroom Supplies Five Times Weekly

PERFORMANCE REQUIREMENTS SUMMARY

The contractor service requirements are summarized as performance objectives. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement.

Commented [MTL-4]: Should this say “as needed”

Commented [AKD-5R4]: Yes, that would be better.

Task Maximum Error Rate for Each Payment Period

Deduction/Remedial Action

Cleaning 1 2% deduction from established monthly rate for the Item being serviced when standards are not met.

Security of building and supplies

2 2% deduction from established monthly rate for the Item being serviced when standards are not met.

Replenish Supplies 5 2% deduction from established monthly rate for the Item being serviced when standards are not met.

Definition of Item: Main Office Building.

For example, failure to clean the facility more than one time will result in a 2% deduction in payment for the particular Item cleaned (i.e. Main Office, Bunkhouse). If the monthly payment for the main office is $300.00 and the maximum error rate has been exceeded, the following will be applied: $300 x .02 = $6.00. There will be a $6.00 deduction for each failure.

BIOBASED PRODUCT UTILIZATION

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C.

8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to 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 (COR).

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

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 Cream Cleaner

Dispenser) Air Freshener (Including Dispenser) Solvent Lime & Scale Remover

(Tub/Tile Cleaner)

Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.

(viii) 52.212-1 Instructions to Offerors – Commercial Items (SEP 2021) (Provision) Addenda to provision 52.212-1:

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

2) Offers submitted in response to this solicitation shall include a technical proposal, a price proposal, and contractor representations and certifications.

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

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

ii) Technical Capability – Provide a detailed description of the product offered.

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

c) Representations and Certifications – Fill in the check boxes for provisions 52.204-24, 52.209-7, 52.212-3, and 452.211-71 found in paragraph (xiv) of this solicitation and submit with your offer.

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

3) Address questions about this solicitation to Lindsey Christian at lindsey.christian@usda.gov.

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

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

Technical and past performance, when combined, are equal in evaluation to price.

Commented [JMA-6]: CO may add any addenda to clause 52.212-1 in this section.

Commented [JMA-7]: Work with program personnel to determine what a contractor should submit in order to evaluate the factors in 52.212-2. Include a biobased factor where appropriate.

Commented [JM-8]: 52.209-7 is applicable over $600K otherwise delete.

Commented [JMA-9]: When the use of evaluation factors is appropriate, the contracting officer may (1) Insert the provision at 52.212-2, Evaluation-Commercial Items, in solicitations for commercial items (see 12.602); or

(2) Include a similar provision containing all evaluation factors required by 13.106, subpart 14.2 or subpart 15.3, as an addendum (see 12.302(d)).

FILL IN THE BLANKS. Coordinate with provision 52.212-1 so that you are requesting sufficient documentation to address the factors here. Work with program personnel to determine factors.

Use a biobased factor where appropriate.

NEW: Use of LPTA must be documented on a D&F and can’t be used for IT, telecom, professional services, PPE, or training.

(see 15.101-2) https://www.sam.gov/SAM/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060530 https://www.acquisition.gov/content/part-12-acquisition-commercial-items#i1112620 https://www.acquisition.gov/content/part-13-simplified-acquisition-procedures#i1112289 https://www.acquisition.gov/content/part-14-sealed-bidding#i1110249 https://www.acquisition.gov/content/part-15-contracting-negotiation#i1108536 https://www.acquisition.gov/content/part-12-acquisition-commercial-items#i1113286

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

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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

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

Addenda to 52.212-4:

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

DEVIATION 2017-1 (AUG 2017):

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

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (SEP 2021) (DEVIATION JUL 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

Commented [JMA-10]: Use this or one of the other options clauses if your requirement includes options. Delete this paragraph if it’s not needed and renumber the remaining paragraphs.

Commented [JMA-11]: CO may add any tailoring to clause 52.212-4 here after the USDA deviation.

Commented [JMA-12]: Required in all commercial solicitations and contracts until rescinded by USDA

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

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

[Contracting Officer check as appropriate.] ☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C.

3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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

☐ (5) [Reserved].

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

☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101note).

☐ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15

U.S.C.657a).

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

Concerns (Sep 2021) 15 U.S.C. 657a).

☐ (13) [Reserved] ☐ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

☐ (ii) Alternate I (Mar 2020) of 52.219-6.

☐ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

☐ (ii) Alternate I (Mar 2020) of 52.219-7.

☐ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

(3)).

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Sep 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)).

Commented [JMA-13]: Use in solicitations and contracts exceeding the simplified acquisition threshold.

Commented [JMA-14]: Use in solicitations and contracts if the value of the contract is expected to exceed $5.5 million and the performance period is 120 days or more.

Commented [JMA-15]: Use in all solicitations and contracts funded in whole or in part with Recovery Act funds.

Commented [JMA-16]: Use in all solicitations and contracts of $30,000 or more.

The clause is not prescribed for contracts that are not required to be reported in the Federal Procurement Data System (FPDS)

Commented [JMA-17]: Use in solicitations and contracts for services (including construction) that meet or exceed the following thresholds except for indefinite-delivery contracts.

(i) All cost-reimbursement, time-and-materials, and labor-hour service contracts and orders with an estimated total value above the simplified acquisition threshold.

(ii) All other contracts awarded with an estimated total value of $500,000 or greater.

Commented [JMA-18]: Use in solicitations and indefinite-delivery contracts for services (including construction) where one or more orders issued thereunder are expected to each meet or exceed the following thresholds (i) All cost-reimbursement, time-and-materials, and labor-hour service contracts and orders with an estimated total value above the simplified acquisition threshold. (ii) ...

Commented [JMA-19]: Use in solicitations and contracts where the contract value exceeds $35,000.

Commented [JMA-20]: Use In solicitations where the resultant contract value is expected to exceed $600,000; and include in ...

Commented [JMA-21]: Use in solicitations and contracts for acquisitions that are set aside or awarded on a sole-source basis to, ...

Commented [JMA-22]: Use in solicitations and contracts for acquisitions conducted using full and open competition.

Commented [JMA-23]: Use in solicitations and contracts involving total small business set-asides. This includes multiple- ...

Commented [JMA-24]: Use when including FPI in the competition. See 19.502-7

Commented [JMA-25]: Use in solicitations and contracts involving partial small business set-asides. This includes part or ...

Commented [JMA-26]: Use when including FPI in the competition. See 19.502-7

Commented [JMA-27]: Use in solicitations and contracts when the contract amount is expected to exceed the simplified acquisition ...

Commented [JMA-28]: Use in solicitations and contracts that offer subcontracting possibilities, are expected to exceed $750,000 ...

Commented [JMA-29]: Use if contracting by sealed bidding rather than by negotiation

Commented [JMA-30]: Use if contracting by negotiation, and subcontracting plans are required with initial proposals

Commented [JMA-31]: Use if the contract action will not be reported in the Federal Procurement Data System

Commented [JMA-32]: Use if Incorporating a subcontracting plan due to a modification

Commented [JMA-33]: Use in all solicitations for multiple-award contracts under which orders may be set aside for any of the ...

☐ (ii) Alternate I (MAR 2020) of 52.219-13 ☐ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C.637s)

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

☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (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).

☐ (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)).

☐ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☐ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)

(DEVIATION JUL 2020) (E.O.13126).

☐ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☐ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222-26.

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

☐ (ii) Alternate I (Jul 2014) of 52.222-35.

☐ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

☐ (ii) Alternate I (Jul 2014) of 52.222-36.

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

☐ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

☐ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and

E.O. 13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

☐ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

Commented [JMA-34]: Use in all full and open solicitations and contracts for multiple-award contracts under which orders will be set aside for any of the small business concerns identified in 19.000(a)(3) if the conditions in 19.502-2 are met at the time of order set-aside, and the specific program eligibility requirements, as applicable, are also then met.

Commented [JM-35]: Use in solicitations and contracts— (1)For supplies, services, and construction, if any portion of the requirement is to be set aside for small business and the contract amount is expected to exceed the simplified acquisition threshold, and in any solicitations and contracts that are set aside or awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, or 19.15, regardless of dollar value. This includes multiple-award contracts when orders may be set aside for small business concerns, as described in 8.405-5 and 16.505(b)(2)(i)(F), and when orders may be issued directly to a small business concern as described in 19.504(c)(1)(ii). For contracts that are set aside, the contracting officer shall indicate in paragraph (f) of the clause whether compliance with the limitations on subcontracting is required at the contract or order level; ...

Commented [JMA-36]: Use in all solicitations and contracts containing the clause at 52.219-9,.

Commented [JMA-37]: Use in solicitations and contracts for acquisitions that are set aside or awarded on a sole source basis to, ...

Commented [JMA-38]: Use in solicitations and contracts exceeding the micro-purchase threshold when the contract will be ...

Commented [JMA-39]: Use the clause with its Alternate I in solicitations and the resulting multiple-award contracts with more ...

Commented [JMA-40]: Use in solicitations and contracts for acquisitions that are set aside for, or awarded on a sole source basis ...

Commented [JMA-41]: Use in solicitations and contracts for acquisitions that are set aside for, awarded on a sole source basis to, ...

Commented [JMA-42]: Use in solicitations and the resulting multiple-award contracts that have reserves.

Commented [JMA-43]: Use in solicitations and contracts when the item being acquired has been assigned a manufacturing or supply ...

Commented [JMA-44]: Use in solicitations and contracts above the micro-purchase threshold, when the contract will be performed ...

Commented [JMA-45]: Use in all solicitations and contracts for the acquisition of supplies that are expected to exceed the micro- ...

Commented [JMA-46]: Use if Clause 52.222-26 is required.

Commented [JMA-47]: Use if the contract will exceed $10,000 or the aggregate value of all prime contracts or subcontracts awarded ...

Commented [JMA-48]: Use in solicitations and contracts if the expected value is $150,000 or more. Use with Alt 1 if the Director, ...

Commented [JMA-49]: Use in solicitations and contracts that exceed or are expected to exceed $15,000. If the Director of OFCCP ...

Commented [JMA-50]: Use in solicitations and contracts containing the clause at 52.222-35, Equal Opportunity for Veterans.

Commented [JMA-51]: Use in all solicitations and contracts performed in the US except acquisitions-less than SAT. For ...

Commented [JMA-52]: Use in all solicitations and contracts.

Use Alt 1 for contracts to be performed outside of the US.

Commented [JMA-53]: Note: including this clause requires the contractor to register in E-Verify. Use in all solicitations and ...

https://www.acquisition.gov/content/19000-scope-part#i1101771 https://www.acquisition.gov/content/19502-2-total-small-business-set-asides#i1100762 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056230

☐ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Oct 2015) of 52.223-13.

☐ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

☐ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

☐ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-16.

☐ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

☐ (48) 52.225-1, Buy American-Supplies (Jan 2021) (41 U.S.C. chapter 83).

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)

(DEVIATION JUL 2020) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub.

L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

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

☐ (iv) (iii) Alternate III (May 2014) of 52.225-3.

☐ (50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☐ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

Commented [JMA-54]: Except for the acquisition of commercially available off-the-shelf items, insert the clause at 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-designated Items, in solicitations and contracts exceeding $150,000 that are for, or specify the use of, EPA-designated items containing recovered materials. If technical personnel advise that estimates can be verified, use the clause with its Alternate I.

Commented [JMA-55]: Optional. Use in solicitations and contracts for–

(i) Refrigeration equipment (in product or service code (PSC) 4110);

(ii) Air conditioning equipment (PSC 4120); (iii) Clean agent fire suppression systems/equipment (e.g., installed room flooding systems, portable fire extinguishers, aircraft/tactical vehicle fire/explosion suppression systems) (in PSC 4210); (iv) Bulk refrigerants and fire suppressants (in PSC 6830); (v) Solvents, dusters, freezing compounds, mold release agents, and any other miscellaneous chemical specialty that may contain ozone-depleting substances or high global warming potential hydrofluorocarbons (in PSC 6850); (vi) Corrosion prevention compounds, foam sealants, aerosol mold release agents, and any other preservative or sealing compound that may contain ozone-depleting substances or high global warming potential hydrofluorocarbons (in PSC 8030);

(vii) Fluorocarbon lubricants (primarily aerosols) (in PSC 9150); and ...

Commented [JMA-56]: Use in solicitations and contracts that include the maintenance, service, repair, or disposal of–

(i) Refrigeration equipment, such as refrigerators, chillers, or ...

Commented [JMA-57]: Use in all solicitations and contracts when imaging equipment (copiers, digital duplicators, facsimile machines, mailing machines, multifunction devices, printers, and ...

Commented [JMA-58]: Use in all solicitations and contracts when televisions will be-(i) Delivered; (ii) Acquired by the contractor for use in performing services at a Federally controlled ...

Commented [JMA-59]: Use in solicitations and contracts when energy-consuming products listed in the ENERGY STAR® Program or FEMP will be-(a) Delivered; (b) Acquired by the contractor for ...

Commented [JMA-60]: Use in all solicitations and contracts when personal computer products will be-(i) Delivered;

(ii) Acquired by the contractor for use in performing services at a ...

Commented [JMA-61]: Use in all solicitations and contracts.

Commented [JMA-62]: Use in solicitations and contracts–

(i) For products that may contain high global warming potential ...

Commented [JMA-63]: Use in solicitations and contracts for Products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing ...

Commented [JMA-64]: Use in solicitations and contracts when, on behalf of the agency, contractor employees will-(1) Have access to a system of records; (2) Create, collect, use, process, store, ...

Commented [JMA-65]: Use in solicitations and contracts with a value exceeding the micro-purchase threshold but not exceeding ...

Commented [JMA-66]: Use in solicitations and contracts if- A) The acquisition is for supplies, or for services involving the furnishing of supplies, for use within the United States, and the ...

Commented [JMA-67]: Use in solicitations and contracts valued at $182,000 or more, if the acquisition is covered by the WTO GPA (see subpart 25.4) and the agency has determined that ...

Commented [JMA-68]: Use in solicitations and contracts, unless an exception applies.

Commented [JMA-69]: Use in solicitations and contracts for performance outside the United States in an area of-(1) Combat operations, as designated by the Secretary of Defense; or (2) Other ...

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053138 https://www.acquisition.gov/content/part-25-foreign-acquisition#i1092400

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

☐ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

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

☐ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10

U.S.C.2307(f)).

☐ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct

2018) (31 U.S.C. 3332).

☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C.3332).

☐ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. 55305 and 10 U.S.C. 2631).

☐ (ii) Alternate I (Apr 2003) of 52.247-64.

☐ (iii) Alternate II (Feb 2006) of 52.247-64.

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

Contracting Officer check as appropriate.] ☐ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☐ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

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

☐ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42

U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in

Commented [JMA-70]: Use in solicitations and contracts involving local area set-asides following a disaster declaration.

Commented [JMA-71]: Use in all solicitations and contracts that involve local area set-asides following a disaster declaration.

Commented [JMA-72]: Use in Solicitations that contain the provision at 52.229-11, Tax on Certain Foreign Procurements— Notice and Representation; and in resulting contracts in which the contractor has indicated that it was a foreign person in solicitation provision 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation.

Commented [JMA-73]: See FAR Part 32 if you wish to provide financing or make installment payments.

Commented [JMA-74]: Use in solicitations and contracts that include the provision at 52.204-7 System for Award Management, or an agency clause that requires a contractor to be registered in SAM and maintain registration until final payment, unless–(i) Payment will be made through a third party arrangement or (ii) An exception listed in 32.1103(a) through (i) applies.

Commented [JMA-75]: Use in solicitations and contracts that require EFT as the method for payment but do not include the provision at 52.204-7, System for Award Management, or a similar agency clause that requires the contractor to be registered in the

SAM.

Commented [JMA-76]: Use if payment under a written contract will be made with a Government-wide commercial purchase card

Commented [JMA-77]: Use in solicitations and contracts for information technology which require security of information technology, and/or are for the design, development, or operation of a ...

Commented [JMA-78]: Use in all solicitations and contracts containing the clause at 52.219-9 , Small Business Subcontracting Plan.

Commented [JMA-79]: Use in solicitations and contracts that may involve ocean transportation of supplies subject to the Cargo Preference Act of1954.

Commented [JMA-80]: Use in solicitations and contracts if the contract is subject to the Service Contract Labor Standards statute and is-(i) Over $2,500; or (ii) For an indefinite dollar amount and the ...

Commented [JMA-81]: Use in solicitations and contracts if the contract amount is expected to be over $2,500 and the Service Contract Labor Standards statute is applicable.

Commented [JMA-82]:…