12854419Q0005.pdf

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BIGHORN NATIONAL FOREST - Powder River Ranger District Janitorial
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12854419Q0005
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12854419Q0005 – RFQ

Powder River Ranger District Janitorial Services

Bighorn National Forest

Solicitation Issue Date: April 5, 2019

Method of Solicitation: Request for Quotation (RFQ).

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; quotes are being requested and a written solicitation will not be issued.

The solicitation and incorporated provisions and clauses are those in effect through the most current Federal Acquisition Circular FAC 2019-01.

Responsible sources may submit a quotation which, if timely received, shall be considered by this agency.

North American Industry Classification (NAICS): 561720 (Janitorial Services): Size Standard is $18 Million.

Set Aside: 100% small business set-aside.

General Information: The intent of this solicitation is to obtain quotes for janitorial services. See below for complete project description.

Provide quote by: 4:00 PM, Mountain Standard Time on April 24, 2019

DOCUMENTS TO RETURN:

The following documents shall be submitted by the offeror for evaluation to be considered responsive:

� Schedule of Items � Experience Questionnaire or a document demonstrating recent and relevant experience in respect to the size and scope of this particular project.

� Operating Plan, Quality Control Plan and Biobased Plan.

� Resume of Key Personnel (if other than a Sole Proprietor) � Acknowledge Amendments if applicable (per the instructions in Block 11 on the SF-30).

E-Mail quote to: Forest Service, Attn: Alisha Knaub E-mail: aknaub@fs.fed.us

For solicitation questions call Alisha Knaub at (406)495-3860

SCHEDULE OF ITEMS

BASE PERIOD + 4 ONE-YEAR OPTION PERIODS

Janitorial Services

Powder River Ranger District Office Johnson County, Buffalo, WY

ITEM DESCRIPTION QUANTITY UNIT

UNIT

PRICE TOTAL

Base Period Janitorial Service June 1, 2019 – May 31, 2020 12 Month $ $

Semi-Annual Services 2 Each $ $

TOTAL BASE PERIOD $

Option Period 001 Janitorial Service

June 1, 2020 – May 31, 2021 12 Month $ $

Semi-Annual Services 2 Each $ $

TOTAL OPTION PERIOD 001 $

Option Period 002 Janitorial Service

June 1, 2021 – May 31, 2022 12 Month $ $

Semi-Annual Services 2 Each $ $

TOTAL OPTION PERIOD 002 $

Option Period 003 Janitorial Service

June 1, 2022 – May 31, 2023 12 Month $ $

Semi-Annual Services 2 Each $ $

TOTAL OPTION PERIOD 003 $

Option Period 004 Janitorial Service

June 1, 2023 – May 31, 2024 12 Month $ $

Semi-Annual Services 2 Each $ $

TOTAL OPTION PERIOD 004 $

TOTAL of Base Period and all Options $

Price quotation furnished by:

Name Phone ( ) Address FAX ( ) E-mail

DUNS # __________________________

NOTES:

There is no scheduled site visit for this solicitation. Interested bidders who would like to tour the Powder River District Office site please contact Susan Guilford at 307-684-7806.

Quotes must be provided on all items. All quotations shall be rounded to the nearest cent.

Vendor shall be registered in www.sam.gov prior to submitting quote.

The Forest Service has transitioned to an electronic invoicing system. Vendor shall also be registered in the Invoice Processing Platform, www.ipp.gov to submit invoices at the end of each month’s services.

STATEMENT OF WORK

SCOPE

The purpose of this contract is to provide for janitorial services at Powder River Ranger District, Bighorn National Forest.

Services shall be provided in strict compliance with the terms, specifications, conditions, and provisions contained herein.

The Contractor shall furnish all equipment, transportation, labor, supervision, and supplies (except as specified herein as Government furnished) necessary to maintain the designated building in a clean, sanitary, and acceptable condition.

Performance will be according to the standards indicated herein. The contract will commence on June 1, 2019 and continue through May 31, 2020, with four additional option years possible.

PLACE OF PERFORMANCE

The site of work is the Powder River Ranger District located at 1415 Fort Street in Buffalo, Wyoming. The areas to be cleaned within this contract including the buildings’ interior and exterior, approximately 5,800 square feet in total on one floor with 3,870 square feet of carpeted floors and approximately 1,930 square feet of hard surface floors. The building has 4 restrooms with 5 toilets, 1 urinal and 4 sinks.

The Contractor shall provide all transportation, labor, equipment, supervision, materials, and supplies except those listed as Government Furnished Property, for the performance of this contract. Standard janitorial practices and proper use of cleaning materials and equipment are required.

TECHNICAL SPECIFICATIONS

Janitorial Services for Powder River Ranger District shall be performed, per the following guidelines:

1. Hours of Operation. All janitorial services shall be performed between the hours of 5:00 pm and 6:00 AM. The contractor will be responsible for maintaining building security during the hours the building is occupied due to the Contractor operations.

The twice-weekly work will be scheduled on days agreeable between the CO Representative and Contractor.

Wednesdays and Sundays are preferred. Holidays may result in the need to reschedule work days.

Carpet Cleaning must be scheduled on the weekends. Must have CO approval 48 hours in advance of such planned work.

2. Supervisory Personnel. The Contractor shall designate an on-site supervisor who shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity, and shall be responsible for performance of work. An equally qualified alternate supervisor shall be provided to act on behalf of the supervisor during his/her absence. The supervisor and alternate shall be designated as key personnel and be able to read, write, speak, and understand English, and have full authority to act for the Contractor. The Contractor shall provide the telephone number of the supervisor and alternate to the CO within ten calendar days after award of the contract. The Contractor shall immediately notify the Contracting Officer’s Representative (COR) and CO in writing when a decision to terminate an employee has been made. The Contracting Officer may, in writing, require the Contractor to remove from the worksite any employee who the Contracting Officer deems incompetent, careless or otherwise objectionable, or for theft, possession and/or removal of materials, supplies, equipment or Government owned property. No one under 18 years of age will be allowed on the http://www.sam.gov/ http://www.ipp.gov/ premises during the performance of duties. The Forest Service Office is a non-smoking building. The Contractor shall ensure his/her employees do not smoke inside the building.

3. Supervision and Qualifications. A background check may be required on Contractor and any employee(s) prior to award. Upon request, a social security number shall be provided to the Contracting Officer.

The Contractor must provide security sufficient to prevent illegal entry into or loitering on the premises; to prevent loss by pilferage or theft; and to admit to the space during off-duty hours only those who are authorized to enter.

4. Quality Control Program. The Contractor shall establish a Quality Control Program to ensure the requirements of the contract are met. It shall be submitted to the CO as part of the quote package prior to award of the contract.

Any amendments shall be submitted to the CO for approval at least ten days prior to their proposed implementation.

The quality control program shall, at a minimum, include:

a) An internal inspection system covering all the services performed including a checklist that will specify areas to be inspected by Contractor personnel on both a scheduled or unscheduled basis and the title of the individual(s) who will do the inspection.

b) A method for identifying deficiencies in the quality of services performed and for proposing any corrective action to be taken.

c) A method for ensuring all keys and security access codes issued to the Contractor by the Government are not lost, misplaced, and are not used by unauthorized persons.

d) A file of all inspections conducted by the Contractor and the corrective actions taken. This documentation shall be made available to the Contracting Officer Representative for review upon request.

5. Operating Plan. As part of the quote package prior to award of the contract, and annually thereafter, the

Contractor shall submit to the CO an Operating Plan with a schedule of all services to be performed. The Schedule shall indicate the time of day, the type of work to be performed and its frequency of performance (daily, weekly, monthly, quarterly, semi-annually, annually), the areas to be worked, and the estimated time to complete the work in each area. The Operating Plan shall also include a list of all cleaning supplies to be used, subject to the COR approval. The list shall identify which products are USDA-designated biobased products. (See FAR 52.223-2 of this contract.) The Contractor shall notify the COR in writing at least 14 calendar days prior to the intended use of any chemicals which include a Material Safety Data Sheet (MSDS), all of which are subject to the approval by the

COR.

The COR will make periodic quality checks to see if above specifications are met.

At the beginning of the contract, and annually thereafter, a survey will be conducted by the COR to confirm that the figures provided are accurate. Agreement will be noted in the Operating Plan. Any changes to these figures shall be brought to the attention of the CO and, if necessary, an appropriate contract modification will be considered.

6. Key Control. The Contractor will be issued keys and security access codes by the Government for office access at the time of contract award. No keys shall be duplicated unless authorized in writing by the COR. The supervisor shall issue keys to Contractor employees and be responsible for their return.

The Contractor shall report the occurrence of a lost key immediately to the COR. The Contractor shall be required to replace or to reimburse the Government for replacement as a result of the Contractor losing keys.

The Contractor shall prohibit the use of keys and access codes issued by the Government by any persons other than the Contractor’s employees. The Contractor’s employees shall prohibit entrance to the building by other than Contract employees engaged in the performance of contract related work.

7. Workers Compensation Insurance. The Contractor shall provide evidence of Worker’s Compensation Insurance or a letter from the State Department of Industrial Relations exempting the Contractor from the requirement after award, but before contract start. NOTE: A contractor working alone is not required to carry the insurance.

8. Property and Personal Damage.

The Contractor shall be responsible for all damage to property and to persons, including third parties that occur as a result of his or his agent’s or employee’s fault or negligence. The term “third parties” is constructed to include employees of the Government. This includes damage to duplex outlets, corner base molding and knocking parts off cubicle furniture. At their own expense, Contractor shall repair any damage, returning damaged item to original condition.

The Contractor shall be directly responsible for instructing employees in utility conservation practices. Mechanical equipment controls for heating, ventilation, and air conditioning systems shall not be adjusted by Contractor employees.

Water faucets or valves shall be turned off after the required usage is complete. Windows shall be closed and lights and fans turned off when not in use. Government telephones shall not be used for personal reason, or for any toll or long distance calls. The Contractor shall notify the COR whenever a building deficiency is identified (e.g., chemical spill, leaking pipe, stopped up sink, power outage, doors or other equipment that appear to be working improperly) and marked as out of order.

It is the responsibility of the Contractor to ensure that all articles of possible personal or monetary value found by the Contractor’s employees are turned into the COR.

It is the responsibility of the Contractor to secure the building upon completion of work and close and lock entry gates.

GOVERNMENT-FURNISHED PROPERTY

The Government shall deliver to the Contractor equipment, materials, supplies, property, and/or services (hereinafter referred to as "Government-Furnished- Property") listed below at the work site prior to work commencing. As supplies need replenishing, the Contractor shall notify the Contracting Officer's Representative (COR) no less than 2 weeks in advance so needed items can be ordered. The Government will furnish the following items:

• Light bulbs

• toilet paper

• toilet seat covers

• paper towels

• hand soap

• biodegradable garbage bags

• Keys will be signed for and returned upon completion or termination of the contract. Lost keys are the responsibility of the Contractor.

• All utilities necessary for the Contractor to perform the required services as stated herein.

The Government will provide the contractor with a Janitor’s Storage Closet. The closet provides space that can be used to store cleaning supplies, equipment, etc.

CONTRACTOR-FURNISHED PROPERTY

Equipment: The Contractor shall furnish all equipment and materials necessary, except as noted in GOVERNMENT FURNISHED MATERIALS, to perform the tasks specified in this contract. Equipment furnished by the Contractor shall be commercial grade and of the size and type customarily used in high quality work of this kind. All equipment brought on to the premises is subject to the approval of the CO. Equipment deemed, by the CO, to be of improper type, design, or hazardous shall be removed from the premises and replaced with satisfactory equipment. Carpet cleaning equipment shall be of professional quality and capable of deep cleaning all carpets. All equipment shall have bumpers and guards to prevent marking or scratching of fixtures, furnishings, and/or building surfaces. All electrical equipment used by the Contractor shall meet all safety requirements of this contract and must operate using existing building circuits.

Supplies: The Contractor shall furnish all products and materials necessary, except as noted in GOVERNMENT FURNISHED MATERIALS, to perform the tasks specified in this contract. The Contractor shall utilize products and materials made from biobased materials to the maximum extend possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user.

The Contractor shall not use any materials which the CO determines to be unsuitable for the work or harmful to the surfaces it is intended to be applied. This does not relieve the Contractor of any damages resulting from the application of such materials. The Contractor shall not use any materials which the CO determines does not meet the requirements established by applicable Federal specifications and standards. Material Safety Data Sheets (MSDS) are required for all cleaning compounds and products used to perform the tasks specified in this contract.

SPECIFIC TASKS AND QUALITY AND PERFORMANCE STANDARDS

The Contractor through innovation, technology, or other means, shall perform the work in this contract at frequencies necessary to meet the quality and performance standards. Evaluations of the Contractor’s work will be based on these standards, and shall be conducted by the COR as close to the time that the cleaning tasks are completed.

Listed below are the specific tasks and the performance standards the Contractor is required to meet in this contract:

DAILY SERVICES

Foyers, Hallways, Visitor and Reception Area

1. Vacuum and dirt, mud, gravel, etc. off carpet, mats, and tile in all foyers, reception areas and hall ways. Remove tracked-in material that does not come up with vacuuming.

2. Sweep and mop the stained concrete floor using a diluted cleaner.

3. Spot clean walls and doors when needed.

4. Dust all flat counters and displays.

5. Clean flat wood and glass customer counters to remove fingerprints.

6. Empty wastebaskets and dispose of waste in receptacles provide. Plastic bags shall be changed at least weekly in kitchen and reception area.

7. Wash, disinfect and dry exposed surfaces of all water coolers.

8. Wash inside and outside of all glass entrances.

9. Remove dust from frames surrounding window and door glass.

Restrooms

1. Tile floors shall be vacuumed or swept then mopped clean using a disinfectant detergent.

2. Empty wastebaskets and dispose of waste in receptacles provided. Plastic bags shall be changed at least weekly.

3. Fill toilet paper holders, paper towel, toilet seat covers, soap dispensers, etc. Report any problems with these dispensers to the Contracting Officer’s Representative.

4. Wash and rinse completely with a disinfectant; toilet stools and seat assembly, urinals, washbasins, dividers and modesty screens. Treat washbasins, toilets and urinals with a suitable scale remover, germicide and deodorant.

5. Mirrors will be damp wiped clean and dried. Wipe free of watermarks.

6. Spot clean wall surfaces, doors and waste receptacles. Remove all mop water lines/rings from the base of the walls.

Rooms

1. Empty all wastebaskets in office building. Dispose of waste in receptacles provided. Replace plastic bags if soiled.

2. Carpeted areas shall be spot vacuumed to remove obvious surface dirt and litter. Remove spots and stains from carpet as they occur.

Outside

1. All landings, steps, and sidewalks shall be swept and hosed down (do not hose in winter). Pick up any litter within

100 feet around building and public and employee parking areas.

General

1. Replace burnt out light bulbs as needed. Light bulbs shall be GOVERNMENT FURNISHED. Each light fixture contains two different bulb types. Care shall be taken to ensure that the correct bulb type is installed when a bulb is replaced. Burnt out light bulbs will be recycled.

Recycling

1. Weekly all recyclable materials as office paper, shredded office paper, newspapers, and aluminum cans will be taken to the Buffalo Recycle Center. Recyclable items will be placed in recycle bins in the mailroom, and breakroom for removal.

WEEKLY SERVICES (in addition to Daily Services)

1. Vacuum all carpeted areas in office rooms and conference rooms. Remove any tracked-in material that does not come up with vacuuming. Remove spots and stains from carpet as they occur.

2. Vacuum chairs with cloth cushions.

3. Vacuum or sweep then mop clean all rooms with vinyl tile (break and computer rooms)

4. Remove dust from window ledges. Soil and stains on window ledges that cannot be removed with dusting shall be washed off and wiped dry.

5. Wash and dry tables in conference room.

6. Clean both sides of all interior doors. Remove dust and soil from frames surrounding the doors.

7. Spot clean wall surfaces.

8. Replace bags in waste receptacles.

9. Clean all computer screens with properly treated cloth.

MONTHLY SERVICES

1. Wash all waste receptacles with disinfectant inside and out and then let dry.

2. Throughout entire office building: Dust thoroughly all wall surfaces, window and door trim, baseboards, chair rungs, wall chair rails, table legs, cleared desk tops, picture frames, tops of partitions, cabinets, tables, and both sides of bookcases.

3. Clear cobwebs from light fixtures, ceilings and corners.

4. Window blinds coverings shall be free of an accumulation of dust, dirt or cobwebs

SEMIANNUAL SERVICES – May and November

1. Wash all windows, inside and out

2. Wash fluorescent light panels (remove, wash, replace).

3. Wash all heating and air conditioning and exhaust vent covers.

4. Strip wax from all vinyl tile floors in break room, then clean, wax and buff floor.

5. Shampoo all carpet in the office building. Move all furniture except filing cabinets, copy machines, or items too heavy to be moved without furniture moving equipment. Care shall be taken to ensure cords are not pulled loose from computer terminals and that office equipment or telephones are not dropped.

6. Wash stained concrete floor in the VIS area.

MISCELLANEOUS

1. Janitor’s Closet: Sweep and mop as needed. Clean and disinfect sink, wiping free of all watermarks. Keep supply area clean and orderly.

INSPECTION AND ACCEPTANCE

Additional Inspection Requirements. The Government will make periodic random inspections to determine that contractor is in compliance with the specifications of this contract. The contractor is encouraged to observe these inspections.

Acceptance. Acceptance of the work will be made only after the Government has determined the work to be in compliance with the contract.

DELIVERIES AND PERFORMANCE

Hours of Performance. Hours for services to be performed shall be after 5:00 p.m. and before 6:00 a.m. of scheduled days.

Period of Performance. Base Period and 4 Option Years is June 1 through May 31.

SERVICE DELIVERY SUMMARY

The contractor service requirements are summarized as performance objectives that relate directly to mission essential items.

The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

PERFORMANCE BASED SERVICE CONTACT

This work is being solicited as a performance based contract. Performance based means the Contractor is responsible for a quality end product. If a quality end product is not provided, an adjustment to the payment will be made. Contractor to be paid at unit price for each time service is provided and is not guaranteed the obligated amount for snow removal or deicer.

Payment will be made upon acceptance of job performance.

SAFETY

The Contractor will be responsible for conducting appropriate safety measures. No one under the age of 18 is allowed on the worksite due to safety reasons.

GOVERNMENT QUALITY ASSURANCE PLAN

FOR CUSTODIAL SERVICES

This Quality Assurance Surveillance Plan (QASP) has been developed to evaluate contractor actions while implementing this Statement of Work. It is designed to provide an effective surveillance method of monitoring contractor performance for each listed objective on the Service Delivery Summary (SDS) in the maintenance contract.

The QASP provides a systematic method to evaluate the services the contractor is required to furnish.

This QASP is based on the premise the government desires to maintain a quality standard in the custodial functions needed for their facilities and that a janitorial service contract to provide these services is the best means of achieving that objective.

The contractor, and not the government, is responsible for management and quality control actions to meet the terms of the contract. The role of the government is quality assurance to ensure contract standards are achieved.

In this contract the quality control program is the driver for service quality. The contractor is required to develop a QUALITY CONTROL PLAN for inspections and monitoring actions. The first major step to ensuring a “self-correcting” contract is to ensure that the quality control program approved at the beginning of the contract provides the measures needed to lead the contractor to success.

Once the quality control program is approved, careful application of the process and standards presented in the remainder of this document will ensure a high quality assurance program.

Performance Objective Performance Threshold

Basic Cleaning Services.

Floors, baseboards, corners and wall edges are free of dirt, dust and debris. Trash is empty. Plastic liners are in good condition. Trash containers are free of odors and visible dirt.

Trash is emptied into outdoor trash collection container. Ash containers are emptied and free of ashes, odors and stains.

Glass and mirrors have no traces of film, dirt, smudges, or water. Drinking fountains are disinfected and free of streaks, stains, spots, smudges, scale and other deposits. Hallways are free of dirt, debris, marks, smudges, scuffs and other foreign matter. Carpets are free of dirt, debris, litter and other foreign matter. Dust is not visible.

95% of all facilities are without customer complaints for the month.

Random sampling of inspection reports by COR.

Performance Objective Performance Threshold Periodic Cleaning Services.

Floors have a glossy uniform appearance free of scuffmarks, heel marks, wax build-up, and other stains and discoloration.

Windows are free of film, dirt, smudges, water, and other foreign matter. Carpets are free of stains and discoloration.

Heating and return vents are free of dust.

95% of all facilities receiving periodic services are without customer complaints for the reporting period.

Random sampling of inspection reports by COR.

SURVEILLANCE: The government quality assurance (QA) person will receive complaints from station personnel and pass them to the contractor's quality control inspector (QCI) for correction.

STANDARD: 95% of all facilities are without customer complaints for the month or service period. For example, the QA should receive no more than 5 customer complaints during the service period. The QA shall notify the contracting officer for appropriate action in accordance with FAR 52.212-4, Contract Terms and Conditions-Commercial Items or the appropriate Inspection of Services clause, if any of the above service areas exceed five customer complaints.

PROCEDURES: Any station employee that observes unacceptable services, either incomplete or not performed, for any of the above performance objectives should immediately contact the QA and the QA will complete appropriate documentation to record the complaint. The QA will consider the customer complaint valid upon receipt from the customer. The QA should inform the customer of the approximate time the unacceptable performance will be corrected and advise the customer to contact the QA if not corrected. The QA will consider customer complaints as resolved unless notified otherwise by the customer. The QA shall verbally notify the Contractor’s Quality Control Inspector (QCI) to pick up the written customer complaint. The QCI will be given 24 hours after verbal notification to correct the unacceptable performance. If the QCI disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the QCI will notify the QA. The QA will conduct an investigation to determine the validity of the complaint. If the QA determines the complaint as invalid, he will document the written complaint of the findings and notify the customer. The QA will retain the annotated copy of the written complaint for his/her files. If after investigation the QA determines the complaint as valid, the QA will inform the QCI and the QCI will be given an additional hour to correct the defect. A defect will not be recorded if proper and timely correction of the unacceptable condition(s) is accomplished. The QCI shall return the written customer complaint document, properly completed with actions taken, to the QA, who will file the complaint for monitoring future recurring performance. Recurring customer complaints are not permitted for any of the above service items. If a repeat customer complaint is received indicating the same deficiency during the service period (month, quarter, etc.), the QA should contact the Contracting Officer for appropriate action.

INVOICING & PAYMENTS

Payments will be made monthly after acceptance. Please submit in IPP, at the first of every month.

All payments are processed using The Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

The IPP Customer Support Desk is available to assist users Monday through Friday (excluding Federal holidays) from 8 a.m.

to 6 p.m. ET, to answer questions related to accessing IPP or completing the registration process. Their toll-free number is 1-866-973-3131 or they can be reached at IPPCustomerSupport@fms.treas.gov. If you have any additional questions or concerns, please contact the Controller Operations Division Help Desk at 1-877-243-3072 or cod.help@usda.gov.

BIOBASED PRODUCTS

The contractor must comply with the Agriculture 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 9FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance”, dated October 2, 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.

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

The following is a list of categories for bio-preferred products that are required for performance of this contract:

Floor Strippers Adhesive and Mastic Removers Air Fresheners and Deodorizers Furniture Cleaner Bathroom Cleaners Carpet Cleaners Glass Cleaners Multipurpose Cleaners Microbial Cleaners Disinfectants Cleaning Tools Metal Cleaners Corrosion Removers Disposable Containers

For more information regarding the Department of Agriculture Biobased Program go to: http://www.biopreferred.gov

TERMS AND CONDITIONS

FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/ (End of clause)

FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items. (OCT 2018)

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

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C.

3805 note)).

http://www.biopreferred.gov/ http://farsite.hill.af.mil/

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

[Contracting Officer check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.

657f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

_X_ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

___ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

_X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

(22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O.

13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

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

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

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

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

___ (iii) Alternate II (May 2014) of 52.225-3.

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

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C.

2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C.

3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

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

[Contracting Officer check as appropriate.] _X_ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) _X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

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

_X_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).

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

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

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

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

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

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

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

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

FAR 52.217-8 -- Option to Extend Services Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

FAR 52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEPT 2013)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

FAR 52.246-1 Contractor Inspection Requirements. (APR 1984)

AGAR 452.211-72 Statement of Work/Specifications. (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

(End of Clause)

AGAR 452.211-74 Period of Performance. (FEB 1988) The period of performance of this contract is from Date of award from June 1, 2019 through May 31, 2024 this includes base period, plus four, one-year option periods.

(End of Clause)

AGAR 452.215-73 Postaward Conference. (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 30 days after the date of contract award. The conference will be held at: a date and time to be determined.

(End of Clause)

AGAR 452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Supervisor

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph

(c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances…

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