Combined_Synopsis_Solicitation_Rev_07232021_0003.pdf

140R2021Q0094 UNITED STATES BUREAU OF RECLAMATION Revision 07232021

SOLICIATION INFORMATION

This is a combined synopisis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with FAR Part 13.5 and an additional information included in this notice. This announcement constitutes the only solicitation.

Solicitation number 140R2021Q0094 is issued a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06 as of 7-12-2021.

Quotes are due no later than 2:00 PM Pacfic Daylight Time (PD) on August 6, 2021.

Quotes shall be emailed to vphun@usbr.gov by the solicitation due date and time.

A site visit will be held on July 20, 2021 at 9:00 AM Pacific Time. Interested vendors shall register by email to vphun@usbr.gov by July 14, 2021, 5:00 PM Pacific Time.

Vendors shall provide the names of attendees.

Note: Attendees will meet at the Parking Lot in front of the Sheriff’s Building near the Front Gate at 9:00 AM Pacific Time on July 20, 2021. (*Please Note: Prior to site visit, please review paragraph C of WBR 1452.237-80 Security Requirements).

**** Prior to quote submission, please review Provisions 52.212-2 Evaluation – Commerical Items and Addendum to 52.212-1 Instructions to Offerors – Commerical Items.

mailto:vphun@usbr.gov mailto:vphun@usbr.gov

Quote/Pricing Schedule

CLIN # DESCRIPTION QTY Unit of

Issue Unit Price Total Price

00010 Base Year Janitorial Services September 1, 2021 – August 31, 2022

12 Months

00020 Option Year 1 Janitorial Services September 1, 2022 – August 31, 2023

12 Months

00030 Option Year 2

September 1, 2023 – August 31, 2024

00040 Option Year 3

September 1, 2024 – August 31, 2025

00050 Option Year 4 Janitorial Services September 1, 2025 – August 31, 2026

TOTAL PRICE PROPOSED

Performance Work Statement Folsom Janitorial Services

Central California Area Office (CCAO)

Part 1 – General Information:

1. General: This is a non-personnel services contract for janitorial services.

1.1 Background: The Bureau of Reclamation has a requirement for janitorial services to various facilities operated by the

Central California Area Office (CCAO) located at 7794 Folsom Dam Road, Folsom, CA 95630.

1.2 Scope: The Contractor shall furnish all personnel, labor, equipment, material, tools, supplies, supervision, management, and services, except as may be expressly set forth as Government furnished, and otherwise do all things necessary to perform the work efforts described in the Performance Work Statement (PWS). All work must be performed in accordance with commercial standards, all local, State, and Federal laws.

1.3 Objective: As a performance-based contract, the requirements are stated in terms of desired results with associated quality standards. Desired results will be specified by task. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the Government.

1.4 Place of Performance: The work under this contract will be performed at CCAO located at 7794 Folsom Dam Road, Folsom CA 95630.

1.4.1 Building Locations:

a) Location: Work shall be performed at the following buildings.

• Area 001 – American River Water Education Center (ARWEC) – Approximately 5,000 square feet.

Comprised of five small buildings (Bldg. 001 is considered 2 buildings, Bldg. 002, Bldg. 003, and Bldg. 004) and five bathrooms.

• Bldg. 010 – Sheriffs – Approximately 3,400 square feet.

• Bldg. 010A – Security Monitoring – Approximately 800 square feet.

• Bldg. 011 – MPCO (Construction) – Approximately 2,880 square feet.

• Bldg. 100 – Entry Control – Approximately 200 square feet.

• Bldg. 106 – Administrative – Approximately 4,930 square feet.

• Bldg. 110 – Engineer’s – Approximately 3,200 square feet.

• Bldg. 111 – Environmental – Approximately 4,320 square feet.

• Bldg. 112 – Information Technology – Approximately 2,880 square feet.

• Bldg. 202 – Civil Maintenance – Approximately 3,200 square feet.

• Bldg. 204A – Property/Procurement – Approximately 1,560 square feet.

• Bldg. 205A/B – Electrical Shop/C&I Shop – Approximately 3,000 square feet.

• Bldg. 206 – Supervisor Bldg. – Approximately 1,430 square feet.

• Bldg. 207 – Mechanical Shop – Approximately 794 square feet.

1.5 Period of Performance: Period of Performance shall be for one (1) Base Year and four (4) Option Years. The Period of Performance reads as follows:

Base Year: September 1, 2021 through August 31, 2022 Option Year 1: September 1, 2022 through August 31, 2023 Option Year 2: September 1, 2023 through August 31, 2024 Option Year 3: September 1, 2024 through August 31, 2025 Option Year 4: September 1, 2025 through August 31, 2026

1.6 Recognized Holidays: The Contractor is not required to perform work on the holidays listed below:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veterans Day Memorial Day Thanksgiving Day Juneteenth National Independence Day Christmas Day Independence Day

1.7 Hours of Operation: The performance of the cleaning shall take place between the hours of 6:00 P.M. and 12:00 A.M.

Monday thru Friday except Federal Holidays or when the Government facility is closed due to local or national emergencies, administrative closing, or similar Government directed facility closings.

The hours shall not be changed unless authorized by the Contracting Officer (CO) or his/her designee. Annual services may be performed on Saturdays and Sundays by two (2) weeks prior arrangement with the Contracting Officer’s Representative (COR). This section provides background that sets the contract within the larger context of the Agency’s operations. It should address where services are to be performed, the importance of the services to be performed, any previous efforts relevant to this procurement, related on-going work, and subsequent work.

1.8 Type of Contract: The Government intends to award a Firm Fixed Price Contract.

1.9 Contracting Officer’s Representative (COR): Individual to be named in a separate document. The COR coordinates to receive and evaluate deliverables: monitors Contractor performance and notifies Contracting Officer and Contractor of deficiencies serves as the functional and technical representative for Contracting Officer. The COR is not authorized to make changes to this contract but will ensure compliance with terms and conditions associated with the resulting contract.

Part 2 – Government Furnished Property, Supplies and Services

2.0 Government Furnished Property, Supplies and Services: The Government will furnish lights, power, and water from regular outlets in the facilities. The Contractor shall instruct all employees in the utility conservation practices. The Contractor shall be responsible for operation under conditions that preclude the waste of utilities.

The Government will provide storage space. The Government will not permit wasteful or unauthorized use of Government-furnished materials. The Government will not be responsible for the loss of or damage to the contractor’s property while in storage on Government premises.

The Government will provide cleaning materials including porcelain ware cleaner, liquid and powder detergents, glass cleaner, floor cleaner for mopping, metal polish, furniture polish, scouring powder.

The Government will provide disinfecting products for cleaning of frequent touch points. These products will be in accordance with the CDC’s disinfectant List N: Disinfectants for use against SARs-CoV-2, the virus that causes COVID 19 that shall be used on frequent touch points in task areas 4.0 through 4.3.3. Frequent touch points include internal and external door handles, as well as counter surfaces in restrooms, kitchen, and reception areas. Contractors can find more information about List N:

Disinfections for use against SARs-CoV-2 by visiting https://www.epa.gov/pesticide-registration/list-n-advanced-search-page-disinfectants-coronavirus-covid-19.

The Government will provide paper towel dispensers, toilet paper dispensers, toilet paper, paper hand towels, and liquid soap.

The Government will provide carpet runners as specified on the table below. Carpet runners will be a thickness not to interfere with door operations, (2) with rubber on non-slip backing, and (3) with tapered edges to prevent tripping.

These items will be stored in our warehouse and the contractor will be responsible for relocating these items to storage areas as needed for use to fulfill the contract cleaning requirements.

https://www.epa.gov/pesticide-registration/list-n-advanced-search-page-disinfectants-coronavirus-covid-19 https://www.epa.gov/pesticide-registration/list-n-advanced-search-page-disinfectants-coronavirus-covid-19

The Government will provide the Safety Data Sheet (SDS) for all cleaning products provided.

The Contractor shall be responsible for all damages to property and to persons, including third parties that occur because of their employees’ fault or negligence. In all instances where Government property or equipment is damaged, a full report of the fact and extent of such damage shall be submitted in writing to the COR within twelve (12) hours.

The Government will provide carpet runners in the following locations: contractor will ensure carpet runners are maintained in good condition in a size and location as specified below. All carpet runners shall be: (1) free of snags, tears, or holes.

BUILDING LOCATION SIZE TOTAL

NUMBER

NEEDED

001 Front and two size entrances

3’ x 4’ 3

011 Two Entrances 3’ x 4’ 2 106 Front and two size entrances 3’ x 4’ 3

108 Two Entrances 3’ x 4’ 2 110 Two Entrances 3’ x 4’ 2 111 Two Entrances 3’ x 4’ 2 112 Two Entrances 3’ x 4’ 2 200 Three Entrances 3’ x 4’ 3

204A Three Entrances 3’ x 4’ 3 205A One Entrance 3’ x 4’ 1 205B One Entrance 3’ x 4’ 1 206 Two Entrances 3’ x 4’ 2 207 Main Entrance 3’ x 4’ 1

Grand Total 27

3.0 General Contractor Furnished Property: The Contractor shall furnish all labor, supervision, floor stripping, floor finishing and carpet cleaning supplies, materials, and equipment necessary to perform all services requested.

This shall include, but not be limited to: brooms, brushes, wiping, polishing, treated and untreated dusting cloths, wet mops, treated sweep mops, sponges, squeegees, porcelain ware cleaner, floor finish, floor stripper, and all suitable, commercial grade, equipment necessary for performance of work.

Government furnished materials and cleaning supplies will be stored in the warehouse, and the contractor will be responsible for relocating these items to the storage areas provided as needed to fulfill the contract requirements, and retrieving carpet runners and placing in locations specified in item 2.0.

The Contractor furnished cleaners for floor stripping, finishing, and carpet cleaning may be delivered to our warehouse prior to semi-annual cleaning if preferred or brought onsite at the time of service.

Cleaning materials used will be subjected to the Bio Preferred Program, and a complete list of bio-based products, along with further information, will need to be submitted with proposal and every year of service subsequent to award. See Part 6, item

6.3 Bio Preferred Program.

Part 4 – Specific Tasks and Deliverables

4.0 Tasks: The Contractor shall perform the following tasks:

The following requirements shall be performed in accordance with commercial cleaning standards. Services are broken down into daily, weekly, monthly, and annual sections. Acceptance will be based upon the following performance standards:

4.1 Restrooms Daily: Clean all fixtures toilets, washbasins, showers, mirrors, waste receptacles, dispensers, and wall surfaces, utilizing a cleaner disinfectant. Raise toilet seats. Fixtures (washbasins, toilets) shall be clean and bright; there shall be no spots, stains, rust, or excess moisture.

Empty waste receptables, service paper towel, soap, and toilet paper dispensers. Toilet paper shall be placed into the dispenser and place one (1) extra roll in case of an emergency. Empty, clean, and disinfect sanitary napkin receptacles; replace soiled bags with new ones. Collect soiled bags in separate containers for disposal. All dispensers shall be filled and their surfaces wiped clean with a cleaner/disinfectant.

Floors shall be clean and free of dirt, water streaks, and present an overall appearance of cleanliness. Any hand soap that has dripped from the hand soap dispenser shall be cleaned from the floor. Care will be taken not to splash floor wash water onto the wall surface. All surfaces shall be dry and the corners clean.

4.1.1 Restrooms Weekly: All floors shall be wet mopped weekly. Floors shall be clean and free of dirt, water streaks, mop marks, and present an overall appearance of cleanliness. All surfaces shall be dry and the corners clean.

4.2 Lunchrooms Daily: Clean all fixtures, sink, waste receptacles, dispensers and wall surfaces, utilizing a cleaner disinfectant. Wipe counter, tables, and chairs using fresh cleaner/detergent. Fixtures shall be clean and bright; there shall be no dust and spots. Empty waste receptacles, service paper towel, and soap dispenser. All supply dispensers shall be filled and their surfaces wiped clean with a cleaner/disinfectant.

4.2.1 Lunchrooms Weekly: Floors will be wet mopped weekly. Floors shall be clean and free of dirt, water streaks, mop marks, and present an overall appearance of cleanliness. All surfaces shall be dry and the corners clean.

4.3 Reception and Office Areas Daily:

Empty wastebaskets and remove trash to designated disposal area. Waste receptacles are supplied by the Government.

Overflow of trash from containers shall be picked up from the floor. All solid waste removed from the interior receptacles shall be transferred to the Government-furnished dumpster. There shall be no overflow around any container. Trash bags must be placed into the dumpster and not thrown over the wall of the enclosure.

Smoking receptables outside front and rear entrances of buildings shall be emptied of all cigarette butts and other waste.

Employees will place wastebaskets outside office door; contractor will remove trash, replace wastebasket liner and remove trash to designated disposal area.

4.3.1 Reception and Office Areas Weekly: Picture frames in the reception area of the administration building shall be free of all visible dust, dirt spots, streaks, or smudges. All wood surfaces shall be polished.

Clean both sides of all plate glass entrance doors and reception area window. Glass, metal framework and push-bars shall be clean, free of dirt, dust, streaks, watermarks, spots, and grime. The glass shall not be cloudy. Dust all horizontal surfaces readily available. Light fixtures within reach using an extension pole duster will be dusted to remove cobwebs.

Check for spots on carpets and spot clean carpet to remove stains. Excessive buildup or crusted material shall have been removed along with spots, smears, and stains. There shall be no evidence of fuzzing caused by harsh rubbing or brushing.

Cleaned areas shall blend with adjacent areas of carpeting.

Vacuum carpet areas including under desks and tables every Wednesday. Carpet surfaces, baseboards and corners shall be free of dirt, dust and other debris. Contractor will only vacuum office spaces with open doors.

All floors will be wet mopped along with all plastic office chair mats. Floors shall be clean and free of dirt, water streaks, mop marks, and present an overall appearance of cleanliness. All surfaces shall be dry and the corners clean.

All carpet runners must be vacuumed and/or mopped weekly.

4.3.2 Reception Monthly: Spot-clean walls, carpet, and dust horizontal surfaces. Smudges, marks, or spots shall have been removed without causing unsightly discolorations. There shall be no dust streaks. Corners, crevices, moldings, and ledges shall be free of all dust.

Vacuum all fabric covered chairs and replace 3’ x 4’ carpets runners with clean runners.

Clean all Venetian and vertical blinds with a wet cloth/sponge of all visible dust, dirt spots, streaks, or smudges, accumulated dust, cobwebs, or other foreign matter.

The Director’s conference table shall be kept free of dust, handprints, smudges, stains, and streaks every day. All wood surfaces (furniture) shall be polished.

Dust all Venetian and vertical blinds of all visible dust, dirt spots, streaks, or smudges, accumulated dust, cobwebs, or other foreign matter.

Carpet runners must be replaced monthly with thoroughly cleaned carpet runners.

4.3.3 Reception Semi-annually: The Contractor shall clean all interior and exterior windows in each building in April/October weather permitting unless differently in the QASP. All window glass, frames, screens, sills, and adjacent areas shall be free of film, dirt, smudges, fingerprints, cobwebs, watermarks, glass cleaner, and other foreign matter. The Contractor shall within two weeks of the service coordinate with the COR to determine when window cleaning will be accomplished.

Carpets shall be shampooed in April/October weather permitting using a wet shampoo/extraction method and treated with a soil/stain resistant coating. Carpets shall be visibly cleaned and free of stains, soil, dirt, dust, cleaning residue, and litter.

Carpets can be cleaned using other techniques if the method is better for the environment and does not release harmful chemicals into the environment. The Contractor shall within two weeks of the service coordinate with the COR to determine when stripping will be accomplished. Floors shall be stripped of old finish in April/October weather permitting, and then apply fresh floor finish and be free of streaks, mop strands, finish residue, skipped areas and all marks that may be made by the equipment. All floors shall have a uniform luster. The Contractor shall within two weeks of the service coordinate with the COR to determine when stripping will be accomplished.

The Contractor shall NOT:

• Stock janitorial supplies in undesignated areas for convenience

• Clean books or exposed documents on desks, tables, shelves, file cabinets, or move any documents underneath

• Clean up food service items in meeting rooms

• Clean interiors of kitchen appliances

• Clean water dispensers or resupply water bottles

• Disturb any items on the desks

• Open or clean interior fire extinguisher cabinets

• Open or clean HVAC outlets or filter fixtures

• Service coffee or supplies

• Wash any dishes left by employees in the kitchens

4.4 Pre-work Meeting: A pre-work meeting shall be held within ten (10) days after award of the contract, and prior to the beginning of work under the contract, at a time agreed upon by the contractor and the COR. The purpose of the meeting will be to review the contract and the work to be performed. The Contractor shall prepare a work schedule and a list of employees showing the days and times when tasks will be accomplished. Revised service schedules shall be submitted two (2) weeks prior to the end of the month and the new schedule shall begin no sooner than the beginning of the month following submittal.

5.0 Data and Reports – The Contractor shall provide the following data and reports as follows:

Item No.

Description

Content

Format

Medium

Delivery

5.1 Employee List List of

employees, including name, aliases, address, telephone, and work assignment of each employee

Report that includes all information for each employee, and can easily be updated as contractor employees change

MS Excel or Word

COR, upon award and prior to beginning work

5.2 Report of personnel

changes

Notification of personnel changes including entrance, exit, or change in responsibility

Notice of change by email, with personnel spreadsheet updated

MS Excel or Word

COR, life of contract

5.3 Floor stripping and

finishing products and SDS

List of cleaning products that will be used, and SDS for each product

Spreadsheet list and PDF SDS

MS Excel COR prior to beginning work, update life of contract if changes occur

6.0 Deliverables – The Contractor shall submit the following reports in accordance with paragraph 5.0, “Data and Reports”:

6.1 Security: The Contractor, before initiating the performance of work, shall provide the COR with a list of all employees who shall perform work under this contract. The list shall include the full name, aliases, address, telephone, and work assignment of each employee. The Contractor shall notify the COR in writing of any addition, deletion, or change in work assignment within one day of such change. The Contractor employees will obtain and display identification badges on their persons at all times while on the site. In all areas where access is by key only, doors shall not be propped open while is in progress or at any other time. Other doors to these areas shall not be left open. When leaving the building, the Contractor shall turn off the lights in rooms and offices not occupied by Government personnel, lock all windows, and ensure all exit doors are locked.

The Contractor shall establish and implement methods of ensuring that no keys issued to the contractor by the government are lost or misplaced and are not used by unauthorized personnel. No keys issued to the contractor by the Government shall be duplicated.

Performance of this contract requires contractor personnel to have a Federal government-issued personal identification card before being allow unsupervised access to a DOE (facility and/or information system). The Contracting Officer’s Representative (COR) will be the sponsoring official, and will arrange for personal identity verification card issuance. Cards that have been lost, damaged, or stolen must be reported to the COR and the Issuing Office within 24 hours. If re-issuance of expired credentials is needed, it will be coordinated through the COR. At the end of the contract performance, or when a contractor employs is no longer working under this contract, the Contractor will ensure that all identification cards are returned to the COR.

6.2 Contractor Supervision: The Contractor shall provide an on-site supervisor identified in the employee list for contractual matters during all hours of operation and be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to his employees as may be necessary. The Contractor is responsible for ensuring that his employees do not disturb papers on desk, open desk drawers or cabinets, or use tenant agency supplies, equipment or telephones, except as authorized. Each employee is expected to adhere to standards of behavior that reflect favorably on his/her employer and the Federal Government. No smoking is allowed in any building. During performance of the contract, the Contractor shall keep the COR apprised of any changes in personnel to ensure that performance is not delayed by compliance with credentialing processes.

6.3 Bio-Preferred Program: The Contractor shall submit prior to beginning floor stripping, finishing, and carpet cleaning a complete list of products, along with Safety Data Sheets (SDS) indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract. Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of bio-based products, including the information above, purchased to carry out the contract requirements.

The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes. Contractors can find more information about the requirements of the Bio Preferred Program by visiting www.biopreferred.gov.

The Contractor shall not use any materials which the COR determines to be unsuitable for said purpose, or harmful to the surfaces to which it is to be applied. Any material which the COR suspects of not meeting safety standards shall be tested by a recognized laboratory at the contractors’ expense.

7.0 Performance Assessment

Monitoring Performance: During the course of the evaluation period, the COR will track Contractor performance.

Interim (mid-term) evaluations may be provided to identify strengths and weaknesses in the Contractor’s performance during the period being evaluated. At the end of the period, the COR will assess the Contractor’s performance in accordance with the Quality Assurance Surveillance Plan (QASP) and the report to the Contracting Officer.

Contractor Self-Assessment: Following each evaluation period, the Contractor may provide a written self-assessment of its performance to the COR to be considered in its report to the Contracting Officer. The self-assessment shall be submitted not later than 5 working days after the end of each evaluation period. The self-evaluation shall not exceed one page per PRS element. The self-assessment shall address both the strengths and weaknesses of the Contractor’s performance during the evaluation period. Where deficiencies in performance are noted, the Contractor shall describe the actions planned or taken to correct such deficiencies and avoid their recurrence. The self-assessment itself will NOT be the basis for the Disincentives determination.

COR Recommendation: The COR will consider all evaluations and any other pertinent information, including Contractor self-assessment, and will prepare a report to the Contracting Officer with findings and recommendations.

The Contractor will be provided a copy of the draft findings and recommendations of the COR and will be afforded the opportunity to identify factual errors. The COR’s draft recommendation is not subject to negotiation and the COR will not engage in discussions with the Contractor. Any errors identified by the Contractor will be addressed by the COR in its final report. The Contractor will be provided a copy of the final COR report at the same time the report is submitted to the Contracting Officer.

8.0 Performance Requirements Summary

Task No. Task Description Performance Indicator Performance Standard

Minimum Acceptable

Quality Level

4.1 Restrooms Daily Complete tasks identified in the PWS narrative portion correlating with task 4.1.

2 Customer Complaints

4.1.1 Restrooms Weekly Complete tasks identified in the PWS narrative portion correlating with task 4.1.

2 Customer Complaints http://www.biopreferred.gov/

4.2 Lunchrooms Daily Complete tasks identified in the PWS narrative portion correlating with task 4.2.

2 Customer Complaints

4.2.1 Lunchrooms Weekly Complete tasks identified in the PWS narrative portion correlating with task 4.2.

2 Customer Complaints

4.3 Reception Area, Conference Rooms, and Offices

Daily Complete tasks identified in the PWS narrative portion correlating with task 4.3.

2 Customer Complaints

4.3.1 Reception Area, Conference Rooms, and Offices

Weekly Complete tasks identified in the PWS narrative portion correlating with task 4.3.

2 Customer Complaints

4.3.2 Reception Area, Conference Rooms, and Offices

Monthly Complete tasks identified in the PWS narrative portion correlating with task 4.3.

2 Customer Complaints

4.3.3 Reception Area, Conference Rooms, and Offices

Semi-annually

Complete tasks identified in the PWS narrative portion correlating with task 4.3.

2 Customer Complaints

End of PWS

CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference FEB 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/

The clauses in the table below are incorporated by reference.

CLAUSES Title DATE

52.204-4 Printed or Copied Double-Sized on Postconsumer Fiber MAY 2011 52.204-13 SAM Registration Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.212-4 Contract Terms and Conditions – Commercial Items OCT 2018 52.223-3 Hazardous Material Identification and Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.228-5 Insurance – Work on a Government Installation JAN 1997 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commerical Items

JUL 2021

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

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

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

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

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

http://www.acquisition.gov/far/

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

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

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

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

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

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

(5) (Reserved)

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

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

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 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 (MAR 2020) (15 U.S.C. 657a).

[ ] (ii) Alternate I (MAR 2020) of 52.219-3.

[ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (ii) Alternate I (MAR 2020) of 52.219-4.

[ ] (13) (Reserved)

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

[ ] (ii) Alternate I (MAR 2020).

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

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

[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 (JUN 2020) (15 U.S.C. 637(d)(4)).

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

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

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

[ ] (v) Alternate IV (JUN 2020) of 52.219-9.

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

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

[X] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (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 (MAR 2020) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C.

632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-18.

[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637(m)).

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

[ ] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

[X] (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

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

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

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

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

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

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

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

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

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O.

13627).

[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (36) 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.)

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

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

[ ](38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(JUN 2016) (E.O. 13693).

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

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

[ ] (ii) Alternate I (OCT 2015) of 52.223-13.

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

(ii) Alternate I (JUN 2014) of 52.223-14.

[X] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

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

[ ](ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513)

[ ] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[ ] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[ ] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[ ] (ii) Alternate I (JAN 2017) of 52.224-3.

[ ] (48) 52.225-1, Buy American-Supplies (JAN 2021) (41 U.S.C. chapter 83).

[ ] (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021) (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 (JAN 2021) of 52.225-3.

[ ] (iii) Alternate II (JAN 2021) of 52.225-3.

[ ] (iv) Alternate III (JAN 2021) of 52.225-3.

[ ] (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

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

[ ] (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021)

[ ] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332).

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

(JUL 2013) (31 U.S.C. 3332).

[ ] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[ ] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

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

[ ] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. 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) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage – Fringe Benefits

11150 - Janitor (WG-2) $15.46 to $18.02

[X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

[X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C.

1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in 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) of this paragraph 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 (JUN 2020) (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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 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.

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

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O. 11246).

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

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

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (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) [X] (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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 and 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 (NOV 2020).

(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 (JUN 2020) (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.

(End of clause)

52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014

(a) Certain supplies or services to be provided under this contract for use by the Government are required by law to be obtained from nonprofit agencies participating in the program operated by the Committee for Purchase From People Who Are Blind or Severely Disabled (the Committee) under 41 U.S.C. 8504. Additionally, certain of these supplies are available from the Defense Logistics Agency (DLA), the General Services Administration (GSA) or the Department of Veterans Affairs (VA). The Contractor shall obtain mandatory supplies or services to be provided for Government use under this contract from specific sources indicated in the contract schedule.

(b) The Contractor shall immediately notify the Contracting Officer if a mandatory source is unable to provide the supplies or services by the time required, or if the quality of supplies or services provided by the mandatory source is unsatisfactory. The Contractor shall not purchase supplies or services from other sources until the Contracting Officer has notified the Contractor that the Committee or an AbilityOne central nonprofit agency has authorized purchase from other sources.

(c) Price and delivery information for the mandatory supplies is available from the Contracting Officer for the supplies obtained through the DLA/GSA/VA distribution facilities. For mandatory supplies or services that are not available from DLA/GSA/VA, price and delivery information is available from the appropriate central nonprofit agency. Payments shall be made directly to the source making delivery. Point of contact for AbilityOne central nonprofit agencies are:

(1) National Industries for the Blind 1310 Braddock Place Alexandria, VA 22314-1691

(703) 310-0500

(2) NISH

8401 Old Courthouse Road Vienna, VA 22182

(571) 226-4660

52.217-8 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 is hereunder shall not exceed 6 months. The Contracing Officer may exercise the option by written notice to the Contractor within 30 days prior to contract expiration.

52.217-9 Option to Extend Service 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 of contract expiration; 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 five

(5) years.

52.219-14 Limitations on Subcontracting (Jan 2019)

(DEVIATION 2019-01)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. As used in this clause— “Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award, and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone setaside or sole source award under the HUBZone Program.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source…