AG-04GG-S-17-0001_Amd_0001.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NO.

814818

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

6. SOLICITATION NUMBER

AG-04GG-S-17-0001

6. SOLICITATION ISSUE DATE

10/28/2016

7. FOR SOLICITATION

INFORMATION CALL

a. NAME Barbara Darling

b. TELEPHONE NO. (No collect calls) 541-383-5552

8. OFFER DUE DATE/LOCAL TIME

Nov 16, 2016 2:00 PM

9. ISSUED BY CODE

USDA FOREST SERVICE

DESCHUTES NATIONAL FOREST

63095 DESCHUTES MARKET ROAD

BEND OR 97701

|_| UNRESTRICTED

|X| SET ASIDE: 100 % FOR

X SMALL BUSINESS

DESTINATION UNLESS BLOCK IS MARKED

|_||_| SEE SCHEDULE

NAICS:

SIZE STD:

15. DELIVER TO CODE

DESCHUTES NATIONAL FOREST

63095 DESCHUTES MARKET ROAD

BEND OR 97701

IPP

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Janitorial Services for Deschutes National Forest Supervisor's Office: 01/01/2017 - 12/31/2021

(continued on pages 3-4)

N/A

|X| 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA |X| 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.

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)

31c. DATE SIGNED

_____________________________________________________________sTANDARD FORM 1449 (10-95)_____

Janitorial Services for Deschutes NF AG-04GG-S-17-0001

TABLE OF CONTENTS

PART CONTENTS PAGE

II CONTRACT CLAUSES

Commercial Items

Implement Statutes and Executive Orders

III CONTRACT DOCUMENTS, EXHIBITS & ATTACHMENTS 16

FAR 52.212-3, Offerors Representations & Certifications --

(includes proposal submission instructions) Contractor Performance Data Sheet 41

(includes proposal evaluation criteria)

CONTINUATION OF STANDARD FORM 1449

Perform janitorial services for the Deschutes National Forest Supervisors Office in accordance within the attached specifications, clauses, terms, and conditions. Contract time is estimated to be: January 1, 2017 through December 31, 2017 with four one-year options.

Janitorial Services Deschutes NF Supervisors Office, Bend Fort Rock Ranger District

MO

Carpet Cleaning

EA

Exterior Window Washing

EA

Interior Window Washing

EA

Nov 2017 – Oct 2018 Janitorial Services Deschutes NF Supervisors Office, Bend Fort Rock Ranger District

MO

Carpet Cleaning District Office

EA

Exterior Window Washing

EA

Interior Window Washing

EA

Nov 2018 – Oct 2019 Janitorial Services Deschutes NF Supervisors Office, Bend Fort Rock Ranger District

MO

Carpets Cleaning District Office

EA

Exterior Window Washing

EA

Interior Window Washing

EA

Janitorial Services Deschutes NF Supervisors Office, Bend Fort Rock Ranger District

MO

Carpets Cleaning District Office

EA

Exterior Window Washing

EA

Interior Window Washing

EA

Janitorial Services Deschutes NF Supervisors Office, Bend Fort Rock Ranger District

MO

Carpets Cleaning District Office

EA

Exterior Window Washing

EA

Interior Window Washing

EA

TOTAL OF BASE

& ALL OPTIONS

* Carpet Cleaning and Window Washing will not be funded upfront. These items shall be executed by the Contractor only after a modification has been issued to fund the work.

For technical information contact: Damian Lunetta at 541-383-5628

For contractual information contact: Barbara Darling, 541-383-5552

PART II -- CONTRACT CLAUSES

52.252-2 -- Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at https://www.acquisition.gov/far & http://www.dm.usda.gov/procurement/policy/agar.html

52.212-4 Contract Terms and Conditions -- Commercial Items (May 2015)

52.228-5 Insurance -- Work on a Government Installation (Jan 1997) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Sep 2016)

(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, 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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

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

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (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 Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

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

_ X_ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

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

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

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

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

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

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

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

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

_ X__ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

_ X__ (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).

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

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

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

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

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

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

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

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

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

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

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

_ X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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

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

___ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (46) (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.

___ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (48) 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).

___ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_ X__ (54) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (55) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (58) (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:

_ X__ (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).

_ 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) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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 (Oct 2014) (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 (1) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Sep 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) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

(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) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 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.

(xviii) 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.

52.216-1 -- Type Of Contract (Apr 1984)

The Government contemplates award of a fixed-price contract resulting from this solicitation

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 30 days of contract expiration.

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months (66 months total if the option in 52.217-8 is exercised).

52.222-54 – Employment Eligibility Verification (Oct 2015)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply that is—

(i) A commercial item (as defined in paragraph (1) of the definition at 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) such as agricultural products and petroleum products. Per 46 CFR 525.1(c)(2), “bulk cargo” means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.

“Employee assigned to the contract” means an employee who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee—

(1) Normally performs support work, such as indirect or overhead functions; and

(2) Does not perform any substantial duties applicable to the contract.

“Subcontract” means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.

“United States,” as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands.

(b) Enrollment and verification requirements.

(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall—

(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;

(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and

(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee’s assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of—

(i) All new employees.

(A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section ); or

(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2), respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract.

(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), within 180 calendar days of—

(i) Enrollment in the E-Verify program; or

(ii) Notification to E-Verify Operations of the Contractor’s decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU).

(5) The Contractor shall comply, for the period of performance of this contract, with the requirement of the E-Verify program MOU.

(i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor’s MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official.

(ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify.

(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify .

(d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee—

(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program;

(2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or

(3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD) -12, Policy for a Common Identification Standard for Federal Employees and Contractors.

(e) Subcontracts. The contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for identification of the parties), in each subcontract that—

(1) Is for—

(i) Commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or

(ii) Construction;

(2) Has a value of more than $3,500; and

(3) Includes work performed in the United States.

52.223-2 -- Affirmative Procurement of Biobased Products Under Service And Construction Contracts (Sep 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 not later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from January 1, 2017 through December October 31, 2017. There are 4 additional option periods that may be exercised at the discretion of the government.

January 1, 2018 - December October 31, 2018 January November 1, 2019 2018 - December October 31, 2019 January November 1, 2020 2019 - December October 31, 2020 January November 1, 2020 - December October 31, 2021

AGAR 42.215-73 POST AWARD CONFERENCE (NOV 1996)

(a) A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at the Deschutes National Forest Headquarters, unless otherwise changed by mutual agreement.

(b) Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the Post Award Conference.

AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

PART III -- CONTRACT DOCUMENTS, EXHIBITS

AND ATTACHMENTS

AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to perform the Performance Statement of Work, Investigation plan and Quality Assurance Surveillance Plan referenced in the attachments.

ATCH 1 – STATEMENT OF WORK

GENERAL REQUIREMENTS

The Contractor shall perform janitorial duties at the Deschutes National Forest Supervisors Office and Packing Shed located at 63095 Deschutes Market Road, Bend, OR 97701.

The Deschutes National Forest Supervisors Office is two stories,

· Has approximately 46,500 square feet of floor space

· 400 sq ft of concrete,

· 500 sq ft of wood,

· 3,100 sq ft of vinyl or rubber flooring and

· 41,000 sq ft of carpet

· With 6 restrooms

· 12 toilets,

· 5 urinals,

· 14 sinks and

· 2 showers

· Janitors Closet

· Services for the Deschutes Supervisors Office will be daily Monday through Friday

Packing Shed= Lunchroom/Bathrooms/Janitors Closet (once weekly)

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

1. Hours of Operation. Services shall be provided daily Monday through Friday, after working hours, between 6 pm to 6 am. Window washing and Carpet Cleaning must be scheduled on the weekends. Must have COR or CO approval 48 in advance of such planned work. No work will be performed on Federal holidays without prior approval of the Contracting Officer (CO). In the event services are not provided or required because the facility is closed due to inclement weather, unanticipated holidays declared by the President, failure of the Congress to appropriate funds, etc., the CO shall either:

a) Direct the Contractor to perform the work contractually specified over a number of immediately subsequent day(s) equal to the duration of the shutdown, or

b) Forego the work and reduce payment due to the Contractor for work not performed. The deduction rate in dollars per day shall be equal to the “per month” fixed price divided by 22 days per month and then multiplied by the number of days services were not provided. Appropriate adjustments will be made by the CO in the event services are provided for portions of days, or

c) Reschedule the work on day(s) satisfactory to both parties. Except as noted in the schedule of work, work shall not be required on the following holidays:

New Year’s Day Martin Luther King, Jr. Birthday Presidents’ Day Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

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

Performance Standard: The supervisor or alternate shall be on-site when any contractor employee is on site and must be accessible anytime during the working hours 6 pm to 6 am.

Performance Measurement: The Government will document, in writing, those instances where the supervisor or alternate have not responded to calls or are not available to meet.

3. Background Checks. Background checks are required to comply with Presidential Directive HSPD-12 that requires “for unescorted entry into a Federal facility, the individual will have a background investigation on file.” The contractor shall promptly, within five calendar days of employee being selected for work on this contract, furnish the Contracting Officer a complete list of the name, address, social security number, date of birth, and work phone of each employee engaged in the performance of this contract. The information will be used to perform a background check on each employee. The government may require additional data to establish the identity of each employee having access to Government buildings or facilities at this location. In the event of a change in employees, the Contractor shall inform the Contracting Officer promptly of the change, normally within five calendar days, after the new employee hire or employee dismissal.

The cost of each employee background check is approximately $182. The contractor shall reduce their monthly invoice for the cost of all background checks required in that month. The Contracting Officer will notify the Contractor of the actual cost of the background checks.

At contract start, if all contractor or subcontractor employees don’t have completed Background Checks, they can enter the building if the supervisor accompanying them has a current background investigation. If none of the contract employees, have background checks at contract start, they will be allowed to enter the building only after having provided proof of a criminal investigation check (fingerprint check) for each employee entering the building.

4. Quality Control Program. The Contractor shall establish a Quality Control Program to ensure the requirements of the contract are met. It shall be submitted to the CO as part of the bid package prior to award of the contract. Any amendments shall be submitted to the CO for approval at least ten days prior to their proposed implementation. The quality control program shall, at a minimum, include:

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

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

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

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

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

Once a month, when the invoice is submitted, the Contractor will provide to the COR a listing that identifies all scheduled work that was completed during this time period. The format of this document shall be approved by the COR.

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

The Contractor shall be directly responsible for instructing employees in utility conservation practices. Mechanical equipment controls for heating, ventilation, and air conditioning systems shall not be adjusted by Contractor employees. Lights shall be used only in areas at the time when work is being performed. Water faucets or valves shall be turned off after the required usage is complete. Windows shall be closed and lights and fans turned off when not in use. Government telephones shall not be used for personal reason, or for any toll or long distance calls. The Contractor shall notify the COR whenever a building deficiency is identified (e.g., chemical spill, leaking pipe, stopped up sink, power outage, doors or other equipment that appear to be working improperly) and post as out of order.

It is the responsibility of the Contractor to ensure that the janitor closet is kept clean, free of unpleasant smells, and neat and orderly at all times.

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

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

The contractor shall be liable for any damage to Government property other than normal wear and tear which occurs during time on the job.

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

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

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

6. Hazard Communication Training. The Contractor shall provide employees with Hazard Communication training within one month after award of the contract or within one month after hiring a new employee. Per OSHA 29 CFR 1910.1200 Hazard Communication Standard, this training also includes instruction on the appropriate handling of chemicals requiring a Material Safety Data Sheet. Risk of loss of life or risk of injury to the Contractor or to his/her employees shall be assumed by the Contractor. The certification of training shall be submitted to the CO within five (5) days of said training.

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

8. Property and Personal Damage.

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

SPECIFIC TASKS AND QUALITY AND PERFORMANCE STANDARDS

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

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

1. Restrooms: Shall be cleaned Daily, Monday through Friday with a disinfectant cleaner. Fixtures, metal chrome surfaces, doorplates, water closets, urinals, washbasins, shower stalls, mirrors, shelving, and dispensers shall maintain a high level of luster, if applicable, and be free of dust, mold, mildew, streaks, rust, and encrustation. Shower curtains shall be cleaned periodically to ensure there is no mold, mildew or other on the curtain. Urinals/bowls shall be cleaned as far into the trap as possible and under the inside rim. Removal of stains with soap grit or grit cake is allowed; however, the use of toilet bowl cleaners, acids, or strong alkalis which tend to damage glaze shall not be allowed. Cleaning shall include the seat, base/interior/exterior of bowl/urinal, flush valve, and polishing pipe. Maintain traps free from odor. Partitions, doors, vents, sills, and walls shall be free of dust, dirt, and graffiti. The full surface area of all stall partitions, doors, and waste receptacles shall be damp wiped utilizing a multipurpose (disinfectant-deodorizer) cleaner. Restroom supplies, including paper towels, toilet paper, and liquid hand soap, shall be replenished as needed to maintain an adequate supply at all times. Restrooms shall be free of discarded material and waste receptacles shall be emptied.