1305M2-19-Q-NFFN-0251.pdf

U.S. Department of Commerce

National Oceanic and Atmospheric Administration Eastern Acquisition Division 200 Granby Street, Suite 815

Norfolk, VA 23510

REQUEST FOR QUOTATION

Janitorial Services for Estuarine Habitat and Coastal Fisheries Center (EHCFC)

1305M2-19-Q-NFFN-0251

July 2019

NOTICE DATE: July 18, 2019

Response Due: Thursday, August 1, 2019 at 2:00 PM

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format at FAR Subpart 12.6, as supplemented with additional information included in this notice, and is being conducted pursuant to FAR Part 12- Acquisition of Commercial Items and Subpart 13.5-Simplified Procedures for Certain Commercial Items. The synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular No. 2019-02 dated 06/05/2019. Should the Government issue an order resulting from this RFQ, it will be in the form of a written offer to the supplier and shall require the supplier’s acceptance by notification to the Government, in writing, as defined at FAR 2.101. THIS

ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING

REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED.

The National Oceanic and Atmospheric Administration (NOAA), Eastern Region Acquisition Division, 200 Granby Street, Suite 815, Norfolk, Virginia 23510, on behalf of the National Marine Fisheries Service (NMFS), Southeast Fisheries Science Center (SEFSC), Estuarine Habitat and Coastal Fisheries Center (EHCFC), is soliciting quotes for Janitorial Support Services.

This RFQ is 100% Small Business set-aside. The associated North American Industry Classification System (NAICS) code is 561720, Janitorial Services, which has a corresponding size standard of $18 million.

The Government anticipates awarding a Firm-Fixed Price (FFP) contract with a one (1) year period of performance from October 1, 2019 through September 30, 2020, with four (4) one (1) year options.

The vendor shall supply all necessary personnel, supervision, services, materials, travel and other items as required in accordance with this RFQ.

Attachment 1-Price Schedule shall be completed by the vendor for pricing purposes.

Estuarine Habitat and Coastal Fisheries Center (EHCFC) Janitorial Service

SECTION II - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

1. DESCRIPTION OF SERVICES. The contractor shall furnish all equipment, labor supervision, supplies and incidentals necessary to ensure that janitorial services are performed for the ESTUARINE HABITAT AND COASTAL FISHERIES CENTER (EHCFC) located at 646 Cajundome Blvd. Lafayette, LA 70506, in a manner that shall maintain a clean, neat and professional appearance. Standard janitorial practices and proper use of cleaning materials and equipment is required. The Contractor shall use best management practices by using bio-based products, energy efficient products, water efficient products, non-Ozone depleting products, and environmentally-preferable products where applicable. Cleaning which interferes with Government business shall be avoided. This office and laboratory facility is approximately 56,183 square feet. There are 93 square feet of the facility guardhouse that requires cleaning. In addition, 3,963 square feet of space in the vehicle maintenance building requires periodic cleaning. An additional 1,650 square feet of concrete sidewalk, exterior wall, and porch covering requires annual pressure washing.

1.1. 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). The minimum cleaning frequencies are established in Appendix A, Estimated Workload Data.

1.1.1. Maintain Floors. All floors, except carpeted areas, shall be swept, dust mopped, damp mopped, wet mopped, dry buffed, and spray buffed, as needed, to ensure they have a uniform, glossy appearance and are free of dirt, debris, dust, scuff marks, heel marks, other stains and discoloration, and other foreign matter. Unpolished surfaces shall be kept dirt and debris free. Surfaces beneath heavy equipment that cannot be safely tilted or moved will be cleaned to a depth that can be reached with a broom without lifting the equipment.

Baseboards, corners, and wall/floor edges shall also be clean. All floor maintenance solutions shall be removed from baseboards, furniture, trash receptacles, etc. Chairs, trash receptacles, and other moveable items shall be moved to maintain floors underneath these items. All moved items will be returned to their original and proper position

1.1.2. Remove Trash. All trash containers shall be emptied and returned to their initial location. Boxes, cans and papers placed near a trash receptacle and marked “TRASH” shall be removed. Any obviously soiled or torn plastic trash receptacle liners shall be replaced.

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.

1.1.3. Clean Interior Glass, Mirrors, and Windows. Clean all interior glass, including glass in doors, windows, partitions, walls, display cases, directory boards, etc. After glass cleaning, there shall be no traces of film, dirt, smudges, water, or other foreign matter.

Cleaning of interior windows shall be limited to glass under eight feet in height from the floor or to the first panel separating glass panels of glass greater than six feet in height from the floor.

1.1.4. Clean Drinking Fountains. Clean and disinfect all porcelain and polished metal surfaces, including the orifices and drain, as well as exterior surfaces of fountain. Drinking fountains shall be free of streaks, stains, spots, smudges, scale, and other obvious soil.

1.1.5. Vacuum Carpets. Vacuum carpeted areas. After vacuuming, the carpeted area shall be free of all visible dirt, debris, litter and other foreign matter. Any spots shall be removed by carpet manufacturer’s approved methods as soon as noticed. All tears, burns, and raveling shall be brought to the attention of the Facilities Manager. Area and throw rugs are included to receive this service.

1.1.5.1 Clean Carpets. Spot clean or shampoo dirty carpets over an area of 2 square feet or less. Spots must be removed immediately.

1.1.6. Vacuum and Clean Floor Mats. Vacuum and clean interior and exterior floor mats.

After vacuuming or cleaning, mats shall be free of all visible lint, litter, soil and other foreign matter. Soil and moisture underneath mats shall be removed and mats returned to their normal location.

1.1.7. General Spot Cleaning. Perform spot cleaning on a continual basis. Spot cleaning includes, but is not limited to removing, or cleaning 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. After spot cleaning, the surface shall have a clean, uniform appearance, free of streaks, spots, and other evidence of soil.

1.1.8. General Dusting. All horizontal surfaces must be dusted or cleaned to eliminate dust collection, debris, or spider webs. All countertops and tabletops shall be free of all visible dust, debris, litter and other foreign matter. All vertical surfaces shall be spot cleaned as needed to remove dust and spider webs.

1.2. BASIC RESTROOM AND UTILITY ROOM CLEANING SERVICES. The

contractor shall accomplish all cleaning tasks to meet the requirements of this SOW and the Service Delivery Summary (SDS), see paragraph 2.

1.2.1. Clean and Disinfect. Completely clean and disinfect all surfaces of sinks, toilet bowls, base of toilet, urinals, lavatories, dispensers, plumbing fixtures, partitions, dispensers, doors, walls, and other such surfaces, using a germicidal detergent. After cleaning, receptacles shall be free of deposits, dirt, streaks, and odors. Disinfect all sur faces of partitions, stalls, stall doors, entry doors, (including handles, kick plates, ventilation grates, metal guards, etc.), and wall areas adjacent to wall mounted lavatories, urinals, and toilets. All floor and sink drain traps shall be free of debris, residue and odors. Clean and disinfect all porcelain and polished metal surfaces, including the orifices and drains.

1.2.2. Descale Toilet Bowls and Urinals. Descaling shall be performed monthly as a minimum and as often as needed to keep areas free of buildup i.e. soap films, hard water deposits and other build-up. After descaling, surfaces shall be free from streaks, stains, scale, scum, urine deposits, and rust stains.

1.2.3. Sweep and Mop Floor. After sweeping and mopping, the entire floor surface, including grout, shall be free from litter, dirt, dust and debris. Grout on wall and floor tiles shall be free of dirt, scum, mildew, residue, etc. Floors shall have a uniform appearance without streaks, swirl marks, detergent residue, or any evidence of soil, stain, film or standing water. Moveable items shall be tilted or moved to sweep and damp mop underneath. Floors shall be stripped, scrubbed, waxed, etc., as necessary to maintain sanitary conditions and a clean, uniform appearance.

1.2.4. Supply and Stock Restroom Supplies. Contractor shall procure all restroom related supplies. The consumables will not be supplied by the government. The restrooms shall be stocked sufficiently so that supplies including soap for the soap dispensers, toilet tissues, & paper towels, do not run out. At least one week’s quantity of supplies shall be stored in designated areas on site. No overstocking shall be allowed in restrooms. If supplies run out prior to the next service date, contractor shall refill within one (1) day of notification. The facility averages seventy-five (75) people per day.

1.3. PERIODIC CLEANING SERVICES.

1.3.1. Clean Interior Windows. Clean all glass surfaces. After surfaces have been cleaned, all traces of film, dirt, smudges, water and other foreign matter shall be removed from frames, casings, sills, and glass.

1.3.2. Clean Exterior Areas. All sidewalks, parking areas, vehicle maintenance areas, garages, driveways, loading docks, and platforms shall be kept free of debris and litter.

1.3.2.1 Pressure Wash Exterior Areas: 1,650 square feet of concrete sidewalk, exterior wall, and porch covering shall be prepared and pressure washed to remove film, dirt, build-up, and other foreign matter.

1.3.3. Clean/Shampoo Carpets. All carpets shall be cleaned in accordance with standard commercial practices. A heavy-duty spot remover may be required in heavily soiled areas.

After shampooing, the carpeted area shall be uniform in appearance and free of stains and discoloration. When a stain is not able to be removed after a reasonable effort, the contractor will contact the Facilities Manager to discuss cleaning techniques used jointly determine if any additional cleaning would remove the stain. If the Facilities Manager agrees, no further cleaning will be required to remove the stain. All cleaning solutions shall be removed from baseboards, furniture, trash receptacles, chairs and other similar items. Chairs, trash receptacles, and other items shall be moved to clean carpets underneath, and returned to their original location.

1.4. REPORTING REQUIREMENTS. The contractor shall provide a report monthly to the Facilities Manager documenting the daily cleaning services carried out. This will be a spreadsheet that identifies all the required services cross-referenced against each day of the month. This report is due by the 5th day of the following month or the first Monday after the 5th if the 5th falls on the weekend.

2. 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.

SOW

Para.

No.

SERVICE DELIVERY SUMMARY Performance Threshold

1.1 Basic Cleaning Services. Floors, baseboards, corners

and wall edges shall be free of dirt, dust and debris.

Trash is empty. Plastic liners are in good condition.

Trash containers shall be free of odors and visible dirt.

Trash is emptied into outdoor trash collection container.

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

Not to exceed 5 customer complaints per month.

Random sampling of inspection reports by Facilities Manager.

1.2 Basic Restroom And Utility Room Cleaning Services.

Surfaces of sinks, toilet bowls, base of toilet, urinals, lavatories, dispensers, plumbing fixtures, partitions, dispensers, doors, walls, and other such surfaces shall be clean and disinfected. Surfaces shall be free from streaks, stains, scale, scum, urine deposits, and rust stains.

Restrooms are stocked sufficiently.

Facilities Manager.

1.3 Periodic Cleaning Services. Floors shall have a glossy

uniform appearance free of scuffmarks, heel marks, wax build-up, and other stains and discoloration. Windows shall be free of film, dirt, smudges, water, and other foreign matter. Carpets shall be free of stains and discoloration.

Facilities Manager.

1.4 Monthly Report. Final form shall be a spreadsheet

provided monthly to the Facilities Manager. This report is due by the 5th day of the following month or the first Monday after the 5th if the 5th falls on the weekend.

Late delivery not to exceed two months during PoP.

1.5 Quality Control and Assurance. The contractor shall

develop and maintain a quality control program to ensure custodial services are performed in accordance with commonly accepted commercial practices. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor shall meet with the Facilities Manager monthly to discuss contract performance.

5th day of each month or by the first Monday after the 5th if the 5th falls on the weekend.

3. GOVERNMENT FURNISHED PROPERTY. The following listed items shall be provided:

a. Janitor’s storage closet

b. Keys to the building

4. GENERAL INFORMATION

4.1. QUALITY CONTROL and ASSURANCE. The contractor shall develop and maintain a quality control program to ensure custodial services are performed in accordance with commonly accepted commercial practices. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. At a minimum the contractor shall develop quality control procedures addressing the areas identified in paragraph 2, Service Delivery Summary. The contractor will meet on the 5th day of the following month, or the first Monday after the 5th if the 5th falls on the weekend, with Facilities to discuss contract performance. Any quality or performance concerns will be provided in writing to the contractor during this meeting.

4.2. HOURS OF OPERATION. Basic cleaning and periodic cleaning services shall be completed from Monday through Friday between the hours of 6:00 a.m. to 10:00 p.m... The services shall be performed eight (8) hours a day with at least two (2) of the hours to be performed prior to 5:00 pm.

The monthly schedule shall be provided to the Facilities Manager with the required monthly service report. In the event there are specific restrictions or events that would require a change in the service schedule, the Facilities Manager will provide written notification to the contractor at least a 14 days in advance. For example, large meetings are occasionally held at the facility and janitorial services may be required during specified times to accommodate the additional people on campus. These are rare, but a possibility.

Prior to the initiation of service, the contractor will provide the Facilities Manager a schedule for the first month’s service. Basic cleaning and periodic cleaning services can be completed after 5:00 p.m. without notice. Work conducted during the weekend is permissible with at least fourteen days written notification and approval from the Facilities Manager. No cleaning activities will interfere with Government business. Periodic cleaning services scheduled over a weekend must be completed by 6:00 a.m. Monday morning. Basic cleaning services will not be required when the facility is closed for Federal Holidays.

4.3. LOCKING FACILITIES. During and after completion of janitorial duties, the Contractor shall be responsible for ensuring facility doors, and other means of entrance remain locked to ensure they are unavailable for entry by unauthorized personnel.

APPENDIX A -Estimated Workload Data

Category I- Minimum Frequency Standards-Basic Services. These frequencies are minimums; the Contractor may perform more frequently, at no additional cost to the government, to maintain required level of service. The Estuarine Habitats and Coastal Fisheries Center is approximately 56,183 square feet. For definition of requirements see Section 1. Description of Services. Cleanings requiring “Twice a Week” service shall have at least two business days between cleanings. Weekly cleanings shall have no more than six business days between cleanings.

1.1. BASIC CLEANING SERVICES Minimum

Requirement

1.1.1 Maintain Floors.

Sweep and/or mop restrooms. Twice a Week or as needed

Sweep and mop all tile floors. Twice a Week or as needed

Sweep, Blow, Vacuum and/or mop Boat Buildings, Facility Guardhouse, Chiller Room and Air Handler Rooms flooring.

Monthly or as needed

1.1.2 Remove Trash. Daily or as needed

1.1.3 Clean Interior Glass/Mirrors.

Polish mirrors, soap dispensers, & towel dispensers Daily

Wash glass entryway doors Weekly or as needed

Clean glass countertop on front desk Weekly or as needed

1.1.4 Clean Drinking Fountains. Daily

1.1.5 Vacuum Carpets. & 1.1.5.1 Clean Carpets.

Vacuum halls & doorways. Scan other rooms and vacuum as needed Weekly Vacuum floors of all carpeted offices. Weekly Spot Clean carpet As needed

1.1.6 Vacuum and Clean Floor Mats. Weekly

1.1.7 General Spot Cleaning. Daily

1.1.8 General Dusting.

Wipe down tabletops, & countertops Weekly Clean all filing cabinets, bookcases, chairs, desktops (that are visible), brochure racks etc. Monthly

Dust window ledges, ceilings and light fixtures Monthly

Dust Boat Buildings, Facility Guardhouse, Chiller Room and Air Handler Rooms Surfaces

Monthly or as Needed

1.2. BASIC RESTROOM AND UTILITY ROOM CLEANING SERVICES.

1.2.1 Clean and Disinfect. Daily

1.2.2 Descale Toilet Bowls and Urinals. Monthly

1.2.3 Sweep and Mop Floor. Twice a Week or as

needed

1.2.4 Stock Restroom Supplies As needed

Category II- Minimum Frequency Standards-Periodic Services. These frequencies are minimums;

the Contractor may perform more frequently, at no additional cost to the government, to maintain required level of service. The Estuarine Habitats and Coastal Fisheries Center is approximately 56,183 square feet. For definition of requirements see Section 1. Description of Services.

1.3 Periodic Cleaning Services Minimum Requirement

1.3.1. Clean Interior Windows. Twice a Year or as Required

1.3.2. Clean Exterior Areas. Twice a Year or as Required

1.3.2.1 Pressure Wash Exterior Areas Annually

1.3.3. Clean/Shampoo Carpets. During initial 90 days of

contract and annually thereafter during same 90 day period

Federal Acquisition Regulation (FAR), Commerce Acquisition Regulation (CAR) and NOAA Acquisition Manual (NAM) provisions and clauses that are included in this solicitation are denoted by the applicable acronyms.

1. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (OCT 2018) with ADDENDA

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

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

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

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

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

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

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

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

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

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

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

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

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

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

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

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

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

(i) Payment.

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

(2) Prompt Payment. The Government will make payment in accordance with the

Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

Contracting Officer.

(6) Interest.

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

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

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

33.211 if—

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

(B) The Contractor fails to liquidate a debt previously demanded by the

Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

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

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

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

(A) The date fixed under this contract.

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

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

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

Contractor;

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

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

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

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

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

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

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

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

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

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Reserved

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause)

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-

COMMERCIAL ITEM

FAR 52.203-3 GRATUITIES (APR 1984)

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(APR 2014)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS (DEC 2013)

CAR 1352.201-70 CONTRACTING OFFICER’S AUTHORITY (APR 2010)

CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (MAY 2019)

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

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

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

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

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

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

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

_X_ (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).

_X_ (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).

_X_ (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.

_X_ (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).

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

___ (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.

_X_ (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).

___ (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)).

___ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

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

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

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

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

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

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

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

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

_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.).

___ (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).

THIS STATEMENT IS FOR INFORMATION ONLY:

IT IS NOT A WAGE DETERMINATION

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Federal Wage Equivalent Janitor $9.88, Health & Welfare $4.48

___ (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).

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

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

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

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

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

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

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

(e)

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

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

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

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

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

(v) 52.222-17, 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…