Janitorial Contract Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

PR9857069

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

19EC3021Q0002

6. SOLICITATION ISSUE DATE

06/02/2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JORGE ARMIJOS

b. TELEPHONE NUMBER (No collect calls)

+59343717000

8. OFFER DUE DATE/LOCAL TIME

07/02/2021 12:00 PM

9. ISSUED BY

CODE

19EC30 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: ____ % FOR:

AMERICAN CONSULATE GENERAL GUAYAQUIL SMALL BUSINESS WOMEN‐OWNED SMALL BUSINESS

CALLE SANTA ANA Y AV. JOSE RODRIGUEZ BONIN

ATTN: GSO/PROCUREMENT

GUAYAQUIL

HUBZONE SMALL

BUSINESS

(WOSB) ELLIGIBLE UNDER THE WOMEN‐OWNED

SMALL BUSINESS PROGRAM NAICS:

ECUADOR SERVICE‐DISABLED

VETERAN‐OWNED

SMALL BUSINESS

EDWOSB

8 (A) SIZE STANDARD:

11. DELIVERY FOR FOB DESTINAT‐

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 19EC30 16. ADMINISTERED BY CODE 19EC30

AMERICAN CONSULATE GENERAL GUAYAQUIL

CALLE SANTA ANA Y AV. JOSE RODRIGUEZ BONIN.

ATTN: GSO/PROCUREMENT

GUAYAQUIL, ECUADOR

AMERICAN CONSULATE GENERAL GUAYAQUIL

CALLE SANTA ANA Y AV. JOSE RODRIGUEZ BONIN

ATTN: GSO/PROCUREMENT

GUAYAQUIL, ECUADOR

17a. CONTRACTOR/

OFFERER

NO VENDOR

TELEPHONE NO.

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY

AMERICAN CONSULATE GENERAL GUAYAQUIL

CALLE SANTA ANA Y AV. JOSE RODRIGUEZ BONIN

ATTN: GSO/PROCUREMENT

GUAYAQUIL, ECUADOR

CODE 19EC30

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

OFFER

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

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

JANITORIAL SERVICES

‐SEE ATTACHED‐

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

25. ACCOUNTING AND APPROPRIATION DATA

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

27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212‐1, 52.212‐4. FAR 52.212‐3 AND 52.212‐5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212‐4. FAR 52.212‐5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR

OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS

AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. _________________ OFFER DATED ____________.

YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES

WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

Richard W. Matton 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 02/2012)

PREVIOUS EDITION IS NOT USABLE Computer Generated Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E‐MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

PARTIAL FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO. 40. PAID BY

41.a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41C. DATE

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

TABLE OF CONTENTS

Section 1 ‐ The Schedule

SF 1449 cover sheet

Continuation To SF‐1449, RFQ Number 19EC3021Q0002, Prices, Block 23

Continuation To SF‐1449, RFQ Number 19EC3021Q0002, Schedule of Supplies/Services, Block 20 Description/Specifications/Work Statement

Attachment 1 to Description/Specifications/Performance Work Statement, Government Furnished Property

Section 2 ‐ Contract Clauses

Contract Clauses

Addendum to Contract Clauses ‐ FAR and DOSAR Clauses not Prescribed in Part 12

Section 3 ‐ Solicitation Provisions

Solicitation Provisions

Addendum to Solicitation Provisions ‐ FAR and DOSAR Provisions not Prescribed in Part 12

Section 4 ‐ Evaluation Factors

Evaluation Factors

Addendum to Evaluation Factors ‐ FAR and DOSAR Provisions not Prescribed in Part

Section 5 ‐ Representations and Certifications

Offeror Representations and Certifications

Addendum to Offeror Representations and Certifications ‐ FAR and DOSAR Provisions not Prescribed in Part 12

SECTION 1 ‐ THE SCHEDULE

CONTINUATION TO SF‐1449,

RFQ NUMBER 19EC3021Q0002

PRICES, BLOCK 23

1. PRICES AND PERIOD OF PERFORMANCE

The Contractor shall perform janitorial work, including furnishing all labor, material, equipment, and services, for the U.S. Consulate at Guayaquil Ecuador. The price listed below shall include all labor, materials, insurance (see FAR 52.228‐4 and 52.228‐5), overhead, and profit. The Government will pay the Contractor the fixed price per month for standard services and a fixed rate per square meter for any temporary additional services that have been satisfactorily performed.

After contract award and submission of acceptable insurance certificates, the Contracting Officer shall issue a Notice to Proceed. The Notice to Proceed will establish a date (a minimum of ten (10) days from start date listed in Notice to Proceed unless the Contractor agrees to an earlier date) on which performance shall start.

Because Temporary/Additional Services are based on indefinite delivery/indefinite quantity the minimum and maximum amounts are defined below:

Minimum: The Government shall place orders totaling a minimum of one hundred (100) square meters. This reflects the contract minimum for the base year and each option period.

Maximum: The amount of all orders shall not exceed two thousand (2,000) square meters. This reflects the contract maximum for the base year and each option period for temporary/additional services.

The performance period of this contract is from the start date in the Notice to Proceed and continuing for 12 months, with four, one‐year options to renew. The initial period of performance includes any transition period authorized under the contract.

JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION ACT

OF 2010 NOTICE: UNLESS A WAIVER OR EXCEPTION APPLIES,

PAYMENTS SUBSEQUENT TO THIS PROCUREMENT ARE SUBJECT

TO AN EXCISE TAX OF 2% PERSUANT TO 26 U.S.C. 5000C.

1.1 VALUE ADDED TAX

VALUE ADDED TAX. Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is reflected for each performance period. The portions of the solicitation subject to VAT are:

1.2. Base Year

A. Standard Services. The firm fixed price for the Base Year of the contract is:

Price per Month Quantity of Months Price per Year

B. Temporary Additional Services. The unit price (firm‐fixed‐price) is:

Price per Square Meter Estimated Quantity of

Square Meters

Total Temporary Additional Services Not to Exceed per

Year

C. Total Price for Base Year = A+B

D. VAT

E. Total with VAT (C+D)

1.3. Option Year 1 Prices (Option Term: Twelve (12) Months)

A. Standard Services. The firm fixed price for Option Year 1 of the contract is:

Estimated Quantity of

Square

Total Temporary Additional Services Not to Exceed per

Year

C. Total Price for Option Year 1 = A+B

1.4. Option Year 2 Prices (Option Term: Twelve (12) Months)

A. Standard Services. The firm fixed price for Option Year 2 of the contract is:

Estimated Quantity of

Square Meters

Total Temporary Additional Services Not to Exceed per

Year

C. Total Price for Option Year 2 = A+B

1.5. Option Year 3 Prices (Option Term: Twelve (12) Months)

A. Standard Services. The firm fixed price for Option Year 3 of the contract is:

Estimated Quantity of

Square Meters

Total Temporary Additional Services Not to Exceed per

Year

C. Total Price for Option Year 3 = A+B

1.6. Option Year 4 Prices (Option Term: Twelve (12) Months)

A. Standard Services. The firm fixed price for Option Year 4 of the contract is:

Estimated Quantity of

Square Meters

Total Temporary Additional Services Not to Exceed per

Year

C. Total Price for Option Year 4 = A+B

1.7 Grand Total of Base and All Option Years

Base Year Total

Option Year 1 Total

Option Year 2 Total

Option Year 3 Total

Option Year 4 Total

GRAND TOTAL‐ BASE AND ALL OPTION YEARS

CONTINUATION TO SF‐1449,

RFQ NUMBER 19EC3021Q0002

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1. SCOPE OF WORK

The purpose of this fixed price contract is to obtain janitorial services for real property owned or managed by the U.S. Government at U.S. Consulate at Guayaquil Ecuador.

The Contractor shall perform janitorial services in all designated spaces including, but not limited to halls, offices, restrooms, work areas, entrance ways, lobbies, storage areas, elevators, and stairways. The contract will be for a one‐year period from the date of the contract award, with four (4) one‐year options.

The Contractor shall furnish all managerial, administrative, and direct labor personnel that are necessary to accomplish the work in this contract. Contractor employees shall be on site only for contractual duties and not for other business purposes.

1.1 General Instructions

The Contractor shall prepare general instructions for the work force. The Contractor shall provide drafts to the Contracting Officer's Representative (COR) for review within thirty days after contract award. The Contracting Officer’s Representative must approve these general instructions before issuance.

1.2 Duties and Responsibilities

1.2.1 Certain areas listed in paragraph #3 require an escort and can only be entered during scheduled times. The General Instructions shall emphasize security requirements so that accidental security violations do not occur.

1.2.2. Contractor shall schedule routine cleaning requirements to ensure that these are done in the order and time frame that are most efficient and have the least impact on normal operations. They are to be performed on a daily basis.

1.2.3. Contractor shall schedule periodic cleaning requirements so that it causes minimal disruption to the normal operation of the facility. The COR shall determine the schedules presented which meet the needs of the individual facility.

1.2.4. Temporary Additional Services are services that are defined as Standard Services but are required at times other than the normal workday. These services shall support special events at the Post. The Contractor shall provide these services in addition to the scheduled services specified in this contract. The COR shall order these services as needed basis. This work shall be performed by Contractor trained employees and shall not be subcontracted. The COR may require the Contractor to provide temporary additional services with 24‐hour advance notice.

The Contractor shall include in its next regular invoice details of the temporary additional services and, if applicable, materials, provided and requested under temporary additional services. The Contractor shall also include a copy of the COR’s written confirmation for the temporary additional services.

1.3 Types of Services

Standard Services shall include the following work:

1.3.1 Daily Cleaning Requirements shall consist of:

1.3.1.1 Sweeping all floor areas including damp mopping of areas such as tile, linoleum, marble floors, staircases, and public areas. Floors shall be free of dust, mud, sand, footprints, liquid spills, and other debris. Chairs, trash receptacles, and easily moveable items shall be tilted or moved to clean underneath. The frequency may be higher than once per day when it is rainy or snowy. When completed, the floor and halls shall have a uniform appearance with no streaks, smears, swirl marks, detergent residue, or any evidence of remaining dirt or standing water.

1.3.1.2 Dusting and cleaning all furniture including desks, chairs, credenzas, computer tables, telephone tables, bookshelves with or without glass doors, coat racks, umbrella stands, pictures, maps, telephones, computers and CRT screens, lamps and other common things found in an office environment. All furniture shall be free of dust, dirt, and sticky surfaces and areas.

1.3.1.3 Vacuuming all clean rugs and carpets, runners, and carpet protectors so that they are free from dust, dirt, mud, etc. When completed, the area shall be free of all litter, lint, loose soil, and debris. Any chairs, trash receptacles, and easily moveable items shall be moved to vacuum underneath, and then replaced in the original position.

1.3.1.4 Thorough cleaning of toilets, bathrooms, mirrors, and shower facilities, using suitable non‐abrasive cleaners and disinfectants. All surfaces shall be free of grime, soap scum, mold, and smudges. The Contractor shall refill paper towels, toilet paper, and soap in all bathrooms. The Contractor shall check those areas used by personnel visiting the chancery several times daily to ensure that the facilities are always clean and neat.

1.3.1.5 Emptying all wastepaper baskets, ashtrays and washing or wiping them clean with a damp cloth, replacing plastic wastepaper basket linings and returning items where they were located.

1.3.1.6 Cleaning of glasses, cups, and coffee services in conference facilities and in the Ambassador's office area. The Contractor shall clean the items in hot soapy water and rinse, dry and polish so that a presentable appearance is maintained.

1.3.1.7 Removing any grease marks or fingerprints from walls, doors, door frames, radiators, windows and window frames, glass desk protectors, reception booths and partitions.

1.3.1.8 Removing trash to designated area as directed by the COR and keeping trash area in a reasonably clean condition.

1.3.1.9 Sweeping debris from walkways and driveways and hose cleaning them during appropriate climatic and water use conditions.

1.3.2 Periodic Cleaning Requirements shall consist of:

1.3.2.1 Polishing all brass surfaces including door and window handles, plaques.

1.3.2.2 Dusting tops of tall furniture, tops of picture frames and areas not covered in daily dusting.

1.3.2.3 Spot cleaning baseboards and walls.

1.3.2.4 Spot waxing and polishing floors as needed.

1.3.2.5 Shampooing (small area spot clean as needed) carpets.

1.3.2.6 Dusting windowsills and blinds.

1.3.2.7 Cleaning shutters as required.

1.3.2.8 Sweeping and washing terraces and balconies to remove all accumulated dirt and debris.

1.3.3 Monthly Cleaning Requirements shall consist of:

1.3.3.1 Cleaning major appliances inside and out including vacuuming dust from around motor areas.

1.3.3.2 Wiping window blinds with a damp cloth to ensure that all smudges are removed.

1.3.3.3 Cleaning inside window glass and sash of smudges and accumulated dirt.

1.3.3.4 Moving all furniture and vacuuming or polishing the floor under the furniture as appropriate.

1.3.4 Quarterly Cleaning Requirements shall consist of:

1.3.4.1 Washing the outsides of the windows. When completed the windows shall be free of smudges, lint, or streaks from the surfaces.

1.3.4.2 Removing and washing window blinds.

1.3.4.3 Shampooing the entire surface of carpets in the high traffic areas.

1.3.4.4 Cleaning and sanitizing the trash holding area.

1.3.4.5 Dusting and wiping light fixtures and chandeliers. When completed, the light fixtures shall be free from bugs, dirt, grime, dust, and marks.

1.3.5 Semi‐Annual Cleaning Requirements shall consist of:

1.3.5.1 Stripping wax coats, spot checking sealer coats, and completely reapplying wax coats.

1.3.5.2 Shampooing carpets in all areas.

1.3.5.3 Cleaning all chandeliers and light fixtures using appropriate methods to restore the original luster to the fixtures. This will include ensuring that all crystal reflectors are individually washed.

1.3.6 Annual Cleaning Requirements shall consist of:

1.3.6.1 Stripping wax coats and seal coats to the bare floor surface; cleaning the bare surface, and reapplying a seal coat.

1.3.6.2 Cleaning gutters and down spouts of all collected debris.

1.3.6.3 Special Cleaning After Diplomatic Events and cleaning of Consul General’s Residence (CGR) Patios: Contractor will be required to clean up Consulate Patios and/or Common areas after Special Diplomatic events. The areas for cleaning may include: Basketball Court, Tennis Court, Marine Security Guard Patio, Consular Waiting Area, Koi Pond, and any other Public Gathering area used for the event. Cleaning will take place during normal hours after the event on the same day or next day after event during normal work hours. Cleaning of CGR exterior areas will be done twice weekly as this is an official space. Detailed cleaning of patios, walkways, driveway, stairways, pool area and gazebo are mandatory. Measurements of areas are included in this requirement.

2.0 MANAGEMENT AND SUPERVISION

2.1 The Contractor shall designate a representative who shall be responsible for on‐ site supervision of the Contractor's workforce at all times. This supervisor shall be the focal point for the Contractor and shall be the point of contact with U.S. Government personnel. The supervisor shall have sufficient English language skill to be able to communicate with members of the U.S. Government staff. The supervisor shall have supervision as his or her sole function.

2.2 The Contractor shall maintain schedules. The schedules shall take into consideration the hours that the staff can effectively perform their services without placing a burden on the security personnel of the Post. For those items other than routine daily services, the Contractor shall provide the COR with a detailed plan as to the personnel to be used and the time frame to perform the service.

2.3 The Contractor shall be responsible for quality control. The Contractor shall perform inspection visits to the work site on a regular basis. The Contractor shall coordinate these visits with the COR. These visits shall be surprise inspections to those working on the contract.

2.4 The Contractor shall control overtime through efficient use of the work force.

Individual work schedules shall not exceed 40 hours per week to preclude overtime being part of the standard services provided under the contract. Overtime may be necessary under Temporary Additional Services.

3.0 LOCATIONS FOR JANITORIAL SERVICES

LOCATION ESTIMATED UNIT

LOCATION AREA (m²)

NAB MAIN BULDING ‐ FIRST FLOOR 2,375.76 m²

WHICH CONSIST OF:

ENTRANCE 24.60 m²

LOBBY 89.00 m²

STAIR 27.00 m²

CORRIDORS 242.81 m²

REST ROOMS 47.50 m²

OFFICES 1,944.85 m²

NAB MAIN BULDING ‐ SECOND FLOOR 2,355.04 m²

WHICH CONSIST OF:

CORRIDORS 187.42 m²

OFFICES 2,115.02 m²

REST ROOMS 25.60 m²

STAIRS 27.00 m²

OTHER AREAS 15,104.40 m²

WHICH CONSIST OF:

BUILDING "D" 552.00 m²

BUILDING "F" 520.00 m²

SCAC BUILDING 157.54 m²

MCAC BUILDING 90.00 m²

UTILITY BUILDING 189.00 m²

DEMARC BUILDING 62.00 m²

CONSULAR WAITING AREA 221.00 m²

SIDEWALK WITH CANOPIES 804.00 m²

SIDEWALKS WITHOUT CANOPIES 130.90 m²

GAZEBO 142.50 m²

TENNIS/PICKLEBALL COURT 640.15 m²

BASKETBALL COURT 353.19 m²

EMPLOYEES PARKING LOT SIDEWALK 1,208.00 m²

CONSULATE SEAL AREA BY MSGR 12.00 m²

PARKING LOT BY SANTA ANA STREET 1,664.32 m²

CONCRETE RAMP BY MSD DECON ‐CONTAINER 44.50 m² continue on next sheet continue...... ( Other Areas )

CLEANING OF LEASED RESIDENCES‐CERAMIC TILES 2,000.00 m²

MAIN ROAD ASPHALT CLEANING 990.60 m²

MAIN ROAD CONRETE PAVERS CLEANING 1,905.50 m²

PARKING LOT BACK BUILDING "F"‐ FAC CARS 344.40 m²

OFFICIAL PARKING LOT INSIDE COMPOUND 1,200.00 m²

CONCRETE SERVICE ROAD CLEANING 268.90 m²

SIDEWALKS BY CONSULAR AREA ENTRANCE 652.40 m²

SIDEWALKS BY NAB MAIN ENTRANCE 129.50 m²

MSGR BACK BBQ AREA PATIO 305.00 m²

FLAG POLE AREA 42.00 m²

CGR PATIOS 475.00 m² subtotal 15,104.40

TOTAL SQUARE METERS ( m²) ALL AREAS

LOCATION (m² )

NAB MAIN BUILDING‐ FIRST FLOOR 2,375.76

NAB MAIN BUILDING‐ SECOND FLOOR 2,355.04

OTHER AREAS 15,104.40

TOTAL ( m²) ALL AREAS 19,835.20

All standard services are to be delivered on regular Embassy working days.

PERSONNEL

4.1 General. The Contractor shall maintain discipline at the site and shall take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by Contractor employees at the site. The Contractor shall preserve peace and protect persons and property on site. The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional costs to the Government.

4.2 Standard of Conduct.

Uniforms and Personal Equipment. The Contractor's employees shall wear clean, neat, and complete uniforms when on duty. All employees shall wear uniforms approved by the Contracting Officer's Representative (COR).

4.2.3 Neglect of duties shall not be condoned. The Contractor shall enforce no sleeping while on duty, unreasonable delays, or failures to carry out assigned tasks, conducting personal affairs during duty hours and refusing to render assistance or cooperate in upholding the integrity of the worksite security.

4.2.4 Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned. Also included is participation in disruptive activities, which interfere with normal and efficient Government operations.

4.2.5 Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances that produce similar effects.

4.2.6. Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the following actions:

falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records;

unauthorized use of Government property, theft, vandalism, or immoral conduct;

unethical or improper use of official authority or credentials;

security violations; or, organizing or participating in gambling in any form

4.2.7 Key Control. The Contractor shall receive, secure, issue and account for any keys issued for access to buildings, offices, equipment, gates, etc., for the purposes of this contract. The Contractor shall not duplicate keys without the COR's approval. Where it is determined that the Contractor or its agents have duplicated a key without permission of the COR, the Contractor shall remove the individual(s) responsible from this contract. If the Contractor has lost any such keys, the Contractor shall immediately notify the COR. In either event, the Contractor shall reimburse the Government for the cost of rekeying that portion of the system.

4.3. Notice to the Government of Labor Disputes

The Contractor shall inform the COR of any actual or potential labor dispute that is delaying or threatening to delay the timely performance of this contract.

4.4. Personnel Security

4.4.1 After award of the contract, the Contractor shall provide the following list of data on each employee who will be working under the contract. The Contractor shall include a list of workers and supervisors assigned to this project. The Government will run background checks on these individuals. It is anticipated that security checks will take 30 days to perform. For each individual the list shall include:

Full Name

Place and Date of Birth

Current Address

Identification number

The Government shall issue identity cards to Contractor personnel, after they are approved. Contractor personnel shall display identity card(s) on the uniform at all times while providing services under this contract. These identity cards are the property of the US Government. The Contractor is responsible for their return at the end of the contract, when an employee leaves Contractor service, or at the request of the Government. The Government reserves the right to deny access to U.S.‐owned and U.S.‐operated facilities to any individual.

5.0. MATERIALS AND EQUIPMENT

The Contractor shall provide all necessary janitorial supplies and equipment, including mops, brooms, dust rags, detergents, cleaners, etc. to perform the work identified in this contract.

6.0. GOVERNMENT FURNISHED PROPERTY/EQUIPMENT

6.1 The Contractor has the option to reject any or all Government furnished property or items (see Attachment 1 ‐ GOVERNMENT FURNISHED PROPERTY). However, if rejected, the Contractor shall provide all necessary property, equipment or items, adequate in quantity and suitable for the intended purpose, to perform all work and provide all services at no additional cost to the Government. All Government furnished property or items are provided in an "as is" condition and shall be used only in connection with performance under this contract. The Contractor is responsible for the proper care, maintenance and use of Government property in its possession or control from time of receipt until properly relieved of responsibility in accordance with the terms of the contract. The Contractor shall pay all costs for repair or replacement of Government furnished property that is damaged or destroyed due to Contractor negligence.

6.2 The Contractor shall maintain written records of work performed, and report the need for major repair, replacement, and other capital rehabilitation work for Government property in its control.

The Contractor shall physically inventory all Government property in its possession.

Physical inventories consist of sighting, tagging, marking, describing, recording, reporting, and reconciling the property with written records. The Contractor shall conduct these physical inventories periodically, as directed by the COR, and at termination or completion of the contract.

7. INSURANCE

Amount of Insurance. The Contractor is required to provide whatever insurance is legally necessary. The Contractor shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:

7.2 General Liability (includes premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury)

1. Bodily Injury stated in U.S. Dollars:

Per Occurrence: As per Ecuadorian social security

Cumulative: As per Ecuadorian social security

2. Property Damage stated in U.S. Dollars:

Per Occurrence: $200.00

Cumulative: $50,000.00

7.3 The types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

For those Contractor employees assigned to this contract who are either United States citizens or direct hire in the United States or its possessions, the Contractor shall provide workers’ compensation insurance in accordance with FAR 52.228‐3.

The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to:

a) any property of the Contractor,

b) its officers,

c) agents,

d) servants,

e) employees, or

f) any other person arising from an incident to the Contractor's performance of this contract. The Contractor shall hold harmless and indemnify the Government from any and all claims arising, except in the instance of gross negligence on the part of the Government.

7.6 The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.

7.7 Government as Additional Insured. The general liability policy required of the Contractor shall name "the United States of America, acting by and through the Department of State", as an additional insured with respect to operations performed under this contract.

7.8 Time for Submission of Evidence of Insurance. The Contractor shall provide evidence of the insurance required under this contract within ten (10) calendar days after contract award. The Government may rescind or terminate the contract if the Contractor fails to timely submit insurance certificates identified above.

8.0. LAWS AND REGULATIONS

8.1 Without additional expense to the Government, the Contractor shall comply with all laws, codes, ordinances, and regulations required to perform this work. In the event of a conflict among the contract and requirements of local law, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.

8.2 The Contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

9.0. TRANSITION PLAN

Within thirty (30) days after contract award, the Contracting Officer may request that the Contractor develop a plan for preparing the Contractor to assume all responsibilities for janitorial services. The plan shall establish the projected period for completion of all clearances of Contractor personnel, and the projected start date for performance of all services required under this contract. The plan shall assign priority to the selection of all supervisors to be used under the contract.

10. DELIVERABLES

The following items shall be delivered under this contract:

Description Quantity Delivery To Date

1.1 General Instructions 1 COR 30 days after award

1.2.3 Schedules 1 COR Weekly

4.4.1 List of Personnel 1 COR 10 days after award

7. Evidence of Insurance 1 COR 10 days after award

8. Licenses and Permits 1 COR Date of award

9. Transition Plan 1 COR 30 days after award

11. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved.

Performance Objective Scope of Work Para Performance Threshold

Services.

Performs all janitorial services set forth in the scope of work.

1 through 10

All required services are performed and no more than one (1) customer complaint is received per month.

11.1 SURVEILLANCE. The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

11.2 STANDARD. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212‐4, Contract Terms and Conditions‐ Commercial Items), if any of the services exceed the standard.

11.3 PROCEDURES.

(a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the

COR.

(b) The COR will complete appropriate documentation to record the complaint.

(c) If the COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.

(d) If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.

(e) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.

(f) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.

(g) The COR will consider complaints as resolved unless notified otherwise by the complainant.

(h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.

ATTACHMENT 1

DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT GOVERNMENT

FURNISHED PROPERTY

The Government shall make the following property available to the Contractor as "Government furnished property" under the contract:

Mop Bucket with Wringer Combos Mopheads with Handles Floor Polisher COmmmerical Upright Vacuums.

Shop Vacuums for liquids Cleaning safety signs

CLEANING PRODUCTS TO INCLUDE:

Waste Baskets Brooms Toilet Brushes Nylon Scrub Brush Liquid Bleach Disinfectant Deodorant for Toilets and Toilet Cleaning Chemicals Powder Detergent Dishwashing Soaps and Degreasers Paper Cup Dispensers Plastic Dustpans Disposable Cups Liquid Glass Cleaner Gripping Gloves Rubber Cleaning Gloves Napkins, Paper Towels Toilet Papers Small Plastic Bags, Large Plastic Bags Furniture Polish Floor Wax and Wax removers Furniture Polish Chlorine as Needed, Liquid and/or Granulated Sulphate Soda PPE: Disposable Gloves, Goggles, Safety Glasses, Face Shields, and Paper Gowns

ATTACHMENT 2 ‐ CONTINUATION TO DESCRIPTION/SPECIFICATIONS/PERFORMANCE

WORK STATEMENT

CONTRACTOR FURNISHED PROPERTY

The Contractor shall provide all materials and clothing required to perform the standard and temporary additional services as specified in this contract. Such items include, but are not limited to uniforms, personnel protective equipment and any other operational or administrative items required for performance of the duties and requirements of this contract. The Contractor shall maintain sufficient parts and spare equipment for all Contractor‐furnished materials to ensure uninterrupted service.

UNIFORMS

The Contractor shall issue 2 complete sets uniforms per year, each set consisting of:

3 pairs of jeans

5 polo shirts. They should have the company’s logo and the employee’s name

One pair of black working shoes reinforced with steel toes.

The Contractor is responsible that the employees wear clean, neat, and complete uniforms when on duty. Should the uniforms become unserviceable prior to this time period, the Contractor will replace them as necessary. Also, the Contractor shall bear the cost of purchasing, cleaning, pressing, and repair of the uniforms.

ATTACHMENT 3 – CONTINUATION TO DESCRIPTION/SPECIFICATIONS/PERFORMANCE

WORK STATEMENT

LIST OF HOLIDAYS

The Government recognizes the following holidays for which the Contractor's employees shall be entitled to premium pay. Those employees who are either United States citizens or hired in the United States shall be entitled to premium pay for U.S.

holidays only, and employees who are neither United States citizens nor hired in the United States shall be entitled to only those holidays recognized by Ecuador.

The Contractor is responsible for compliance with local law for employees who are not U.S. citizens. The Contractor shall take into consideration minimum wage, timely salary payments, bonuses, night‐shift payment, premium pay for holidays and overtime, payments for social security, pensions, childcare or family allowances, advances, advance notice and severance pay, annual and sick leave, prorated vacation and bonus payments for terminating employees and/or any other benefits as required by the law.

SECTION 2 ‐ CONTRACT CLAUSES

X FAR 52.212‐4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018)

AND (DEVIATION 2017‐02) (JUNE 2017), is incorporated by reference (see SF‐1449, Block 27A)

52.212‐5 CONTRACT Terms and Conditions Required to Implement Statutes or Executive Orders‐Commercial Items (January 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:

X (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)).

X (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).

X (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).

X (4) 52.209‐10, Prohibition on Contracting with Inverted Domestic

Corporations (NOV 2015).

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

X (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:

_ 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).

_X_ (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]

__ (14) (i) 52.219‐6, Notice of Total Small Business Set‐Aside (NOV

2020) (15 U.S.C. 644).

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

__ (15) (i) 52.219‐7, Notice of Partial Small Business Set‐Aside (NOV

2020) (15 U.S.C. 644).

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

__ (16) 52.219‐8, Utilization of Small Business Concerns (OCT

2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219‐9, Small Business Subcontracting Plan (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

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

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

__ (19) 52.219‐14, Limitations on Subcontracting (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).

__ (22) (i) 52.219‐28, Post Award Small Business Program Rerepresentation (NOV

2020) (15 U.S.C. 632(a)(2)).

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

__ (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 (Mar2020) (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) (15U.S.C. 637(a)(17)).

__ (27) 52.222‐3, Convict Labor (JUN 2003) (E.O.11755).

__ X (28) 52.222‐19, Child Labor‐Cooperation with Authorities and

Remedies (JAN2020) (E.O.13126).

__ (29) 52.222‐21, Prohibition of Segregated Facilities (APR 2015).

__ (30) (i) 52.222‐26, Equal Opportunity (SEP 2016) (E.O.11246).

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

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

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

__ (32)

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

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

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

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

__ 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). (Executive Order 12989). (Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (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.)

__ X (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 (Jun2014) 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 (Jun2016) (E.O. 13693).

__ (47) (i) 52.224‐3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224‐3.

__ (48) 52.225‐1, Buy American‐Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (i) 52.225‐3, Buy American‐Free Trade Agreements‐Israeli Trade Act (MAY

2014) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 not e, 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.

_X_ (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 (JUN 2008) (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. 2302Note).

__ (53) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

_X_ (55) 52.229‐12, TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (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 (OCT2018) (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:

__ (1) 52.222‐41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

__ (2) 52.222‐42, Statement of Equivalent Rates for Federal Hires (MAY

2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

__ (6) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services‐Requirements (MAY

2014) (41 U.S.C. chapter 67).

__ (7) 52.222‐55, Minimum Wages Under Executive Order 13658 (NOV 2020).

__ (8) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

__ (9) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, 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 (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203‐19, Prohibition on Requiring Certain…