RFQ_AG-03R6-S-17-0015.doc
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- MIDC Janitorial Services Federal contract opportunity
- Solicitation number
- AG-03R6-S-17-0015
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RFQ Missoula Interagency Dispatch Center, MIDC, Janitorial Services
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AG-03R6-S-17-0015
JANITORIAL SERVICES
Missoula Interagency Dispatch Center
Lolo National Forest
Missoula County, Montana
Schedule of Items BASE YEAR May 1, 2017 – April 30, 2018
| Item No. |
| Description |
| Quantity |
| Unit |
| Unit Price |
| Total |
| 1 |
| Janitorial Services Twice Per Week |
October 1 – May 31
| 8 |
| MO |
| 2 |
| Janitorial Services Three Times Per Week |
June 1- September 30
| 4 |
| MO |
Total Price
OPTION YEAR ONE May 1, 2018 – April 30, 2019
| Item No. |
| Description |
| Quantity |
| Unit |
| Unit Price |
| Total |
| 1 |
| Janitorial Services Twice Per Week |
October 1 – May 31
| 8 |
| MO |
| 2 |
| Janitorial Services Three Times Per Week |
| 4 |
| MO |
Total Price
OPTION YEAR TWO May 1, 2019 – April 30, 2020
| Item No. |
| Description |
| Quantity |
| Unit |
| Unit Price |
| Total |
| 1 |
| Janitorial Services Twice Per Week |
October 1 - May 31
| 8 |
| MO |
| 2 |
| Janitorial Services Three Times Per Week |
| 4 |
| MO |
Total Price
OPTION YEAR THREE May 1, 2020 – April 30, 2021
| Item No. |
| Description |
| Quantity |
| Unit |
| Unit Price |
| Total |
| 1 |
| Janitorial Services Twice Per Week |
October 1 - May 31
| 8 |
| MO |
| 2 |
| Janitorial Services Three Times Per Week |
| 4 |
| MO |
Total Price
Quoter must quote on all items for quote to be evaluated PLEASE ROUND YOUR QUOTES to the nearest dollar.)
TOTAL OF ALL ITEMS $_____________
VENDOR NAME: _________________________________________________________________
VENDOR ADDRESS: ______________________________________________________________
PHONE No.: ______________________________ DUNS: _________________________________
CONTACT NAME: _________________________EMAIL: ________________________________
VENDOR ACCEPTS GOVERNMENT CREDIT CARD?: YES OR NO
BASIS OF EVALUATION
One award will be made. Direction of FAR 13.106-2 will be used in evaluation of Quotes.
The Experience Questionnaire will be used as part of this evaluation, although any format is acceptable.
SCOPE OF CONTRACT
This contract is for janitorial services for the Missoula Interagency Dispatch Center of the Lolo National Forest. Contractor shall furnish all management, labor, equipment, supervision, supplies (except those designated as Government-furnished), and incidentals to perform all work necessary to clean and maintain the buildings in a manner that will maintain a satisfactory condition and present a clean, neat, and professional appearance.
The Contractor shall be responsible for the professional appearance and cleanliness in all areas used for office and storage, including the kitchenette. All area shall be kept clean, neat, and free of fire and safety hazards or unsanitary conditions, in accordance with the specifications, terms, and conditions of this contract.
This work is being solicited as a performance based service contract. Performance based means the Contractor is responsible for an end product. If an end product is not provided in compliance with the contract specifications, an adjustment to the payment will be made. See attached Quality Assurance Surveillance Plan, QASP.
LOCATION AND DESCRIPTION
The Missoula Interagency Dispatch Center is located at 1803 Strand Ave, in Missoula, Montana.
Main Building: Janitorial services are required for this single story administrative office building. The Administrative Office floor area consists of approximately 3,610 square feet which is divided into 6 office/rooms, desks with dividers, 2 restrooms, hall, entryways, and kitchenette. Floors in the rooms and hall are carpeted. Restrooms, kitchenette and entry way have linoleum floors.
Recycling: Recycling shall be collected from existing MIDC collection bins and taken to the recycling dumpster on site. Note: ‘recyclables’ are defined as aluminum cans, plastic (bottles, cups), cardboard, newspaper, and paper. Recyclables are deposited and collected in plastic tubs located in the lunch area.
SITE VISIT (FAR 52.237-1)(APR 1984)
A site visit is scheduled for this project on 23 March, 2017 at 10:00 AM. Although highly encouraged, this site visit is not mandatory. For further information, please contact Joy Williamson at MIDC (406) 829-7070. Please register before the date.
CONTRACT PERIOD
The Contract time is for a base plus three optional one year periods. The base contract period shall be from May 1, 2017 through April 30, 2018. However, at the option of the Government, the contract may be renewed for three additional option year periods.
MEASUREMENT AND PAYMENT
Work will be performed and invoiced on a monthly basis in arrears. Monthly payments will be made for janitorial services which have been satisfactorily provided during that month. The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.
SUPERVISION, SECURITY, AND QUALIFICATIONS
Contractor and his employees shall be capable of performing janitorial work. The Contracting Officer may require dismissal of Contractor deemed incompetent, insubordinate or otherwise objectionable, or whose continued employment deemed contrary to the public interest.
The Contractor shall provide adequate supervision of crew to prevent employees from disturbing papers on desks, opening drawers or cabinets, using telephones, or computers provided for official Government use. The Contractor or employees shall not bring children to the premises while the work is being performed.
BUILDING SECURITY
A gate code and a door code will be given to the Contractor upon award. Contractor and their employees are expected to maintain complete confidentiality to ensure building and employee security. The Contractor shall prohibit the use of access codes issued by the Government by any persons other than the Contractor authorized employees. Any unauthorized entry shall be reported to the COR as soon as possible. Entry/Exit windows and doors shall be checked and locked before Contractor leaves after each cleaning. Lights shall be turned off as instructed by COR.
The Contractor must provide security comparable to the type of protection given by commercial or business enterprises to prevent illegal entry into or loitering on the premises; to prevent loss by pilferage or theft; and to admit to the space during off-duty hours only those who are authorized to enter. The use of Government property or services such as telephones, calculators, computers, office supplies, etc. for other than official Government business is strictly prohibited.
The Contractor shall provide a list of employees authorized to work under this contract. The list shall be submitted prior to employees working on the facilities.
MAINTENANCE PROBLEMS
The Contractor shall notify the Contracting Officer’s Representative immediately of any building or grounds maintenance problems such as slow or clogged drains, broken pipes, locks or doors that do not close properly. Notification shall be done by phone and/or written notice depending on the urgency of the problem.
GOVERNMENT-FURNISHED PROPERTY
The Government will deliver to the Contractor the following listed materials in accordance with the Government Furnished Property Clause FAR 52-245-4:
(1) All restroom supplies (toilet paper, paper towels, and hand soap), light bulbs and utilities will be provided.
(2) Keys to the buildings.
(3) Dumpsters for refuse removal.
(4) Recycle Bins
(5) Storage space for Contractor-furnished cleaning supplies and equipment.
(6) Utilities and water necessary to complete the work.
NOTE: The Contractor shall notify the Government Contracting Officer’s Representative (COR) when government-furnished supplies are low. Government requires a two week advance notice of low supplies in order to allow time for ordering and receipt of necessary supplies.
Janitorial equipment shall be commercial size and type customarily used by the janitorial profession and capable of handling sand and gravel brought in by boots. Equipment designed for home use will not meet these specifications.
CONTRACTOR-FURNISHED PROPERTY
The Contractor shall furnish:
(1) All necessary BioBased cleaning supplies and materials (including bio-based cleaning cleaners, biobased waxes, biobased shampoos, biobased spot removers, biobased soaps, and bio-based garbage bags) except those items specified as Government-furnished property. All contaings shall be accurately labeled for their content.
(2) All necessary commercial cleaning equipment including but not limited to:
scrubbing machine, floor polishing machine, floor steam cleaning machine and vacuum cleaner.
(3) All Safety Data Sheets (SDS) for all products utilized in this contract shall be given to the Contracting Officer’s Represetative (COR) prior to product use.
PREWORK CONFERENCE
Prior to commencement of work, the Contracting Officer may arrange a meeting with the Contractor to discuss the contract terms and work performance requirements.
SERVICE CONTRACT ACT
The resulting contract from this solicitation is subject to the Service Contract Act. Please see attached Wage Determination 2015-5393 (REV.1) 1/25/2017.
TECHNICAL SPECIFICATIONS
Janitorial Services for the MIDC office building shall be performed per the following guidelines:
TIME OF PERFORMANCE:
· October 1st to May 31st - twice per week, between the hours of;
Wednesday 5:00 p.m. and 7:00 a.m. on Thursday.
Friday 5:00 p.m. and Monday 7:00 a.m.
· June 1st to September 30th - three times per week, between the hours of;
Wednesday 10:00 p.m. and 6:00 a.m. on Thursday Saturday 10:00 p.m. and Sunday 06:00 a.m.
Monday 10:00 p.m. and Tuesday 06:00 a.m.
· May and November- Semi-Annual Duties scheduled outside of fire season, so as not to interrupt dispatching services.
1) Maintain Non-carpeted Floors: All other-than-carpeted floors, (restrooms, kitchenette, and entry way) shall be vacuumed and steam mopped every time you clean to ensure they have a uniform, glossy appearance and are free of dirt, debris, dust, scuff marks, stains/discoloration, and residual soap. Floors will be stripped and waxed at least twice per year. Baseboards, corners, and wall/floor edges shall also be clean. All floor maintenance and cleaning residue shall be removed from floors, baseboards, furniture, trash receptacles, etc. Chairs, trash receptacles, and other movable items shall be moved to maintain floors underneath these items. All moved items shall be returned to their original and proper location.
2) Maintain Carpeted Floors: Vacuum carpeted areas including inside doormats. After vacuuming, the carpeted area shall be free of all visible dirt, debris, litter and other foreign matter. Any spots shall be removed by carpet manufactures approved methods as soon as noticed. Carpets shall be thoroughly shampooed at least twice per year. Spot cleaning shall occur as necessary.
3) Walls and Doors: All wall surfaces, all baseboards and door frames, all door knobs, door handles, and light switch plates shall be kept clean and free of marks. The window panes on each door shall be kept clean and free of streaks.
4) Dusting and Cobweb Removal: All railings, counters, ledges, display surfaces, and wall corners shall be kept clean and free of dust and cobwebs. All bookcases, desks, and filing cabinets shall be kept clean and free of dust. Items on these surfaces shall not be disturbed to facilitate cleaning.
5) Clean and Disinfect Restrooms: Completely clean and disinfect all surfaces of sinks, toilet bowls, urinals, lavatories, dispensers, plumbing fixtures, doors, walls, and other such surfaces using a Bio-Based germicidal detergent. Insure stall partitions are free of dust, splatters, and foreign matter. Insure that counter tops are clean and corners are free of dust and build-up.
6) Kitchenette: Keep carpeted floors clean as described in #1. Clean countertops, faucet, sink and walls. Dishes, microwaves, and refrigerators shall be cleaned by the employees.
7) Windows: Window panes shall be thoroughly cleaned inside and outside, by washing and drying, resulting in a clean, streak-free appearance, a minimum of twice per year. Window sills shall be kept clean and free of dust. Window blinds shall be cleaned a minimum of twice per year.
8) Trash Disposal and Wastebasket Maintenance: All trash cans shall be emptied into the outside receptacle closest to the MIDC facility anytime trash is present. All trash can liners shall be kept free of paper, food, liquids, and unsightly materials, and all trash cans shall be left clean, free of foreign matter, and free of orders.
9) Other: All light fixtures and panels shall be cleaned so as to be free of dust, dirt, and debris at a minimum of twice per year. All vents and air intakes shall be cleaned and vacuumed so as to be free of dust, dirt, and debris at a minimum of twice per year. All entries, porches, and awnings shall be swept and kept free of dirt, cobwebs, and other debris. Outside doormats, when used, shall be kept clean and free of dirt and other debris. Drinking fountain shall be cleaned and disinfected.
10) Recycling: Recyclables shall be collected from existing collection bins and taken to the recycling dumpster located on site. Note: “recyclables” are defined as aluminum cans, plastic (bottles, cups), cardboard/newspaper, and white paper. Recyclables are deposited and collected in plastic tubs located in the lunch area for easy access.
NOTE: Lids on the dumpsters must be kept closed.
CONTRACTOR DOES NOT NEED TO CLEAN ANY COMPUTER, PHONE, OR AUDIO VISUAL EQUIPMENT.
Biobased Product Utilization The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.
The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).
The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.
All Purpose Cleaner Degreaser/Cleaner Heavy-duty Cleaner
Deodorizer Carpet Shampoo Floor Finish
Gum Remover Floor Finish Restorer Disinfectant Sanitizer
Floor Sealer Extraction Fluid Furniture Polish
Floor Stripper Glass Cleaner Neutral Cleaner (Liquid)
Grout Sealer Stain Remover Stainless Steel Polish
Laundry Detergent Toilet Bow Cleaner Bathroom Cleaner
White Board Cleaner Brass Polish/Cleaner Wood Floor Cleaner
Chrome Polish/Cleaner Liquid Hand Soap (Including Dispenser) Cream Cleaner
Air Freshener (Including Dispenser) Solvent Lime & Scale Remover
(Tub/Tile Cleaner)
Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.
In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.
The Contractor shall submit with the initial proposal a complete list of biobased products, 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 this contract (see attached Experience Questionnaire).
Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased 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 (see Section I, FAR Clause 52.223-2 and Section L, FAR Provision 52.223-1).
Within thirty (30) days of contract award, the Contractor shall submit an Operation Plan. This submittal will be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing. The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:
· The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.
· Detail on how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.
· Proposed biobased construction products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.
NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.
· The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.
The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data shall be submitted to the COR quarterly.
A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.
GOVERNMENT QUALITY ASSURANCE
Quality assurance will be performed by the Government during the contract at regular intervals. Methods may include visual survey, review of customer complaints, and review of contractor quality control documents. Deduction for work may include rework at no cost to the Government or Government acceptance with price reduction (see attached QASP).
Deduction Methods: The Government will record performance noting any substandard performance. For substandard performance, the Government’s preferred course of action will be discussions with the Contractor to make the Contractor aware of the problem, and to effectively prevent any recurrence of substandard performance. The Government may also take the following actions:
a.
Presentation of a Contract Discrepancy Report requiring a written explanation for substandard performance.
b.
Payment deductions in accordance with the PRS;
c.
Require correction or re-performance of the service.
PERFORMANCE REQUIREMENTS SUMMARY (PRS)
The contractor service requirements are summarized as performance objectives. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement.
| Task |
| Maximum Allowable Defect Rate (MADR) |
| Deduction/Remedial Action |
| 1. Overall Cleaning |
| 3 per mth |
| 5% deduction from established monthly rate for the Item being serviced when standards are not met. |
| 2. Perform Work Within Scheduled Requirements |
| 2 per mth |
| 2% deduction from established monthly rate for the Item being serviced when standards are not met. |
| 3. Maintain Building Security |
| 1 per mth |
| 2% deduction from established monthly rate for the Item being serviced when standards are not met. |
Deduction Threshold. If the number of defects, or instances of unacceptable performance, observed during a month-long period is equal to or less than the maximum allowable defect rate (MADR), then there will be no deduction in payments to the Contractor for that task. However, if the number of defects observed during a month-long period is greater than the MADR, then there will be a deduction in payments to the Contractor for that task.
QUALITY CONTROL PLAN
The Contractor shall develop a complete site specific Quality Control Plan (QCP) to ensure the requirements of this contract are provided for as specified. The goal of the QCP should be to identify and correct any problems that may arise before they are identified by the CO or his/her representative. A written Quality Control Plan must be submitted to the Government with the quote and will be incorporated into the resultant contract.
TERMS AND CONDITIONS
FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)
52.212-4
Contract Terms and Conditions - Commercial Items (JAN 2017)
52.223-1
Biobased Product Certification (MAY 2012)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Jan 2017)
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(3) 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:
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (Jan 2011) of 52.219-4.
__ (13) [Reserved]
_x_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Nov 2016) of 52.219-9.
__ (v) Alternate IV (Nov 2016) of 52.219-9.
__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).
__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
_x_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_x_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).
_x_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_x_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_x_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (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.)
__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).
__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (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 (Aug 2011) (E.O. 13513).
__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).
_x_ (47) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).
__ (48)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (May 2014) of 52.225-3.
__ (iii) Alternate II (May 2014) of 52.225-3.
__ (iv) Alternate III (May 2014) of 52.225-3.
__ (49) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_x_ (50) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (51) 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).
__ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_x_ (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (57) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
_x_ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
(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) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
_x_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
_x_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). Employee, Class, Janitor. Monetary Wage-Fringe Benefits, Wage Grade 2, step 2
(This statement is for information only. It is not a Wage Determination.)
_x_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).
_x_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
_x_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)
(ix) 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.
(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(xi) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).
Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(xii) 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).
(xiii) 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).
(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (e)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016)).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix) 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).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)
(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee’s employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.
AGAR 452.204-71 Personal Identity Verification of Contractor Employees (OCT 2007)
(a) The Contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 2620-002 series.
(b) Should the results of the PIV process require the exclusion of a Contractor’s employee; the Contracting Officer will notify the Contractor in writing.
(c) The Contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 series and to maintain a list of employees eligible for a USDA LincPass required for performance of the work.
(d) The responsibility of maintaining a sufficient workforce remains with the Contractor. Contractor employees may be barred by the Government from performance of work should they be found ineligible or have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.
(e) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine unaccompanied physical access to a Federally-controlled facility and/or routine unaccompanied access to a Federally-controlled information system.
(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the COR/COTR, unless otherwise specified in this contract. The PIV Sponsor will be available to receive Contractor identity information from 0830-1600, Monday through Friday at 24 Fort Missoula Rd, Missoula, MT 59804. The Government will notify the Contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the Contractor’s responsibility to meet all aspects of paragraphs (c), (d),and (e).
FAR 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 hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days.
FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4 years and 6 months.
FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEPT 2013)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—
(1) The product cannot be acquired—
(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferred.gov.
(c) In the performance of this contract, the Contractor shall—
(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
(2) Submit this report no later than—
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance.
CONTRACT DOCUMENTS OR ATTACHMENTS
The following attachments are a part of this solicitation and any resulting contract (see separate document(s)).
- Wage Determination No. 2015-5393, (Rev.1 ), Dated 1/27/2017
- Quality Assurance Surveillance Plan FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.
FEDERAL ACQUISITION REGULATIONS (48 CFR CHAPTER 1)
52.204-7 System for Award Management (OCT 2016)
52.204-16 Commercial and Government Entity Code Reporting (JUL 2016)
52.212-1 Instructions to Offerors- Commercial Items (OCT 2015) 52.223-1 Biobased Product Certification (MAY 2012) FAR 52.212-3 Offeror Representations and Certifications – Commercial Items (JAN 2017) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision—
“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL guidance.
“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“Civil judgment” means—
(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.
(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’”. The DOL Guidance was initially published in the Federal Register on August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The DOL Guidance and subsequent versions can be obtained from www.dol.gov/fairpayandsafeworkplaces.
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are—
(1) Department of Labor Wage and Hour Division (WHD) for--
(i) The Fair Labor Standards Act;
(ii) The Migrant and Seasonal Agricultural Worker Protection Act;
(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;
(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;
(v) The Family and Medical Leave Act;…
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