AG-05K3-S-16-0016.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO.

3.AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER

RFQ AG-05K3-S-16-0016

6. SOLICITATION ISSUE

DATE

April 29, 2016

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Justin Holder - Contracting Officer

b. TELEPHONE NUMBER (No collect calls) 360-891-5082

8. OFFER DUE DATE/

LOCAL TIME

May 13, 2016 at

3:30 PM PST

9. ISSUED BY 05G1 10. THIS ACQUISITION IS UNRESTRICTED SET ASIDE 100 % FOR

USDA Forest Service Gifford Pinchot National Forest 991 McClellan Road Vancouver, WA 98661

SMALL BUSINESS WOMAN –OWNED SMALL BUSINESS (WOSB)

HUBZONE SMALL BUSINESS ELIGIBLE UNDER THE WOMEN OWNED SMALL

BUSINESS PROGRAM

SERVICE DISABLE VETERAN- EDWOSB-

VETERAN-OWNED SMALL

BUSINESS 8(

NAICS Code 561720 Size Standard $18.0 million

11. DELIVERY:

FOB DESTINATION

12. DISCOUNT TERMS

13A. THIS CONTRACT IS RATED

ORDER UNDER DPAS (15 CFR 700

13B. RATING

14. METHOD OF SOLICATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

See Block 9

17a. CONTRACTOR/ OFFERER

Name:_______________________________________

DUNS:____________________________________

TIN:______________________________________

Phone: ____________________________________ Fax:______________________________________ Email:_______________________________________

18a. PAYMENT WILL BE MADE BY

Invoice Processing Platform – IPP Online Web portal www.ipp.gov

17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUMBIT INVOICES TO ADDRESS SHOWN IN BLOCK 18A UNLESS

BLOCK BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Gifford Pinchot National Forest Janitorial Services – Headquarters Offices

Please see Part (e) starting on page 20 for quotation submittal instructions

See attached – Part b Schedule of Items.

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ONE

COPY TO ISSUING OFFICE, CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

HEREIN

29. AWARD OF CONTRACT: REFERENCE ________________________

OFFER DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET

FORTH HEREIN , IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (Signature Of Contracting Officer)

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

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE STANDARD FORM 1449 (Rev. 2/2012)

Prescribed by GSA-FAR (48CFR 53.212

Part (b): Continuation of SF 1449

(1) Continuation of blocks 19-24: Schedule of Items

19.

ITEM

NO

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT

PRICE

24.

AMOUNT

Janitorial Services – Building 991 1a-1e Janitorial Services; Building 991

All tasks covered in items 1a-1e in the Schedule of Activities

6 MO $ $

1f Janitorial Services; Building 991 As Requested services (Item 1f from the Schedule of Activities)

1 EA $ $

Sub-Total Building 991: $ Janitorial Services – Building 404

2a-2f Janitorial Services; Building 404 All tasks covered in items 2a-2f in the Schedule of Activities

8 MO $ $

2g Janitorial Services; Building 404 As Requested Services (item 2g from Schedule of Activities)

2 EA $ $

Sub-Total Building 404: $ Total: $

AG-05K3-S-16-0016 2

Part (c): Contract Clauses

(1) FAR 52.212-4, Contract Terms and Conditions—Commercial Items (May 2015).

(2) Addendum to FAR 52.212-4.

FAR 52.212-4(g) Invoice is tailored as follows:

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contract invoices and payments. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors must register at https://www.ipp.gov/vendors/enrollment-vendors.htm. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices are not accepted. The Contractor must also attach an invoice which clearly identifies the contract line item number, description, quantity, unit price and total amount being invoiced.

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 address: www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-18 Commercial and Government Entity Code Maintenance (NOV 2014) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEPT 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997)

ALT I (JUL 1995)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-10 Waste Reduction Program (MAY 2011) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (MAY 2008) 52.232-11 Extras (APR 1984) 52.232-40 Providing Accelerated Payments to Small Business Contractors (DEC 2013) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

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 4620-002 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. Employees may be barred by the Government from performance of work should they be found ineligible or to 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 physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

AG-05K3-S-16-0016 3

(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the Contracting Officer Representative (COR), unless otherwise specified in this contract. The PIV Sponsor will be available to receive contractor identity information from 8:00A.M. to 4:00 P.M. at Monday through Friday. 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).

FSAR 4G52.222-701 Employment of Eligible Workers (DEC 1999) Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire undocumented workers. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.

Designation of Contracting Officer’s Representative The Contracting Officer designates the Contracting Officer's Representative (COR).

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer.

Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

FAR 52.208-9 Contractor Use of Mandatory Supplies or Services (MAY 2014)

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

AG-05K3-S-16-0016 4

Veterans Affairs (VA). The Contractor shall obtain mandatory supplies or services to be provided for Government use under this contract from the specific sources indicated in the contract schedule.

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

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

Points of contact for AbilityOne central nonprofit agencies are:

(1) National Industries for the Blind 2) NISH 1310 Braddock Place 8401 Old Courthouse Road Alexandria, VA 22314-1691 Vienna, VA 22182

(703) 310-0500; and (571) 226-4660 Website for ordering Cleaning and Sanitary Supplies from AbilityOne:

Http://www.abilityone.com/OA_HTML/xxnib_ibeCCtpSctDspRte.jsp?section=11554&sitex=10040:22372:US Contact for help with product selection or ordering issues:

David Barrett, Team Lead, National Industries for the Blind 1310 Braddock Place, Alexandria, VA 22314 Phone: 703-310-0584 or 703-310-0500 Email: dbarrett@nib.org

---------- (END OF FAR 52.212-4) ----------

(3) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Items (Mar 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 and 108-78

(19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

__ (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).

AG-05K3-S-16-0016 5

__ (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.)

_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] __ (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 (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.

__ (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).

_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)).

AG-05K3-S-16-0016 6

_X_ (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 (Apr 2015) (E.O. 11246).

__ (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).

__ (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)(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)(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.

__ (37)(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.

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (39)(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_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

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

__ (42)(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.

__ (43) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

AG-05K3-S-16-0016 7

_X_ (44) 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).

__ (45) 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).

__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_X_ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013)

(31 U.S.C. 3332).

__ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management

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

__ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (54)(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:

[Contracting Officer check as appropriate.] __ (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).

__ (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).

__ (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 (Sept 2008) (31 U.S.C. 5112(p)(1)).

AG-05K3-S-16-0016 8

(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 (l) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (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 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).

AG-05K3-S-16-0016 9

(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.

---------- (END OF FAR 52.212-5) ----------

AG-05K3-S-16-0016 10

Part (d): Contract Documents, Exhibits and Other Attachments

(1) Scope of Services: The services covered in this contract are for the furnishing of all labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to perform janitorial work at Forest Service Facilities located at the Fort Vancouver National Historic Site in Vancouver, Washington, 98661.

BUILDING

NUMBER

ADDRESS APPROX. TOTAL

SQUARE FOOTAGE

OF BLDG.

NUMBER

OF

FLOORS

APPROXIMATE

DURATION OF

CONTRACT

SERVICES FROM

NTP

991 991 McClellan 13,400 3 Through October 2016 404 501 E. 5th

Street Building 404

5,500 1 Through December

(2) Project Location: The buildings requiring janitorial services are located on the Fort Vancouver National Historic Site which can be accessed from Interstate 5 north or southbound by taking the Mill Plain Boulevard exit (Exit 1-C) and heading east. Turn south onto Fort Vancouver Way. The exact building locations are identified on the attached vicinity map.

(3) Description of Work: The work shall consist of general janitorial services outlined in the “Schedule of Activities” tables below. Please note that the work items and performance methods vary based on the building in which the services are being performed.

Cleaning shall be performed from 5:45 PM to 8:00 PM Sunday through Thursday. Proposed variations from this schedule will be considered by the Contracting Officer.

(4) Workmanship and Materials

The Contractor shall furnish all equipment needed for performance of the work of this contract. All equipment must meet all applicable OSHA standards and be capable of performing to the current industry methods and standards. If a piece of equipment needs repair and is determined unsafe by the Contracting Officer or the Contractor, the Contractor shall immediately stop using the equipment, and repair or replace the equipment, if necessary. All cleaning shall be accomplished utilizing the latest technology, products, equipment, industry practices, specifications, and recommendations in order to achieve quality standards.

The Contractor shall not use any material that the Contracting Officer determines to be unsuitable for the purpose or harmful to the surfaces of interior/exterior to which applied. All chemicals used will be those commercially available which meet Federal, State, and local codes. Preference should be given to concentrated cleaning chemicals which use ecologically sound packaging, are phosphate free, non-corrosive, non-flammable and fully biodegradable. Each item or article shall be subject to inspection and/or test and approval by the Contracting Officer, when she/he so requires.

(5) Conduct of Work

The Contractor will be issued necessary keys for performing this work. The Contractor shall prevent his/her employees from disturbing paper on desks, opening drawers or cabinets, or using government property (i.e., no personal telephone calls, use of video equipment, typewriters, calculators or copiers, etc.) except as it is necessary in the performance of this work.

AG-05K3-S-16-0016 11

Individual buildings, while Contractor is working in them shall remain locked and before vacating the buildings, the Contractor shall ensure that all windows are closed and locked, all lights (except leave hall light on in front office), and electrical appliances are turned off and all outside doors are locked. Upon completion of this contract, the Contractor shall return all keys to the contracting Officer.

(6) Qualifications of Employees

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, integrity, and shall be responsible for taking such disciplinary action with respect to his employees as may be necessary. The Contractor is also responsible for ensuring that his employees do not disturb papers on desks, open desk drawers or cabinets, or use Government telephones, except as authorized.

The Contracting Officer (CO), or his authorized representative (COR), may require dismissal from work any employee who is deemed incompetent, or is identified as a potential threat to the health, safety, security, general wellbeing, or operational mission of the facility or its population.

Upon request by the Contracting Officer, the Contractor shall be fingerprinted, and require each of his employees on the contract work to be fingerprinted, by Government personnel or law enforcement agency.

(7) Janitorial Service Checklist

The Contractor or his authorized representative shall fill in the Janitorial Service Checklist at each location each day service is performed. See attached Exhibit located in Section J for illustration of checklist that may be used in resulting contract.

(8) Safety Provisions

The Contractor is responsible for all OSHA and State safety requirements. Prior to commencing operations, the Contractor shall inform his/her employees of all safety requirements.

(9) Contractor Furnished Items/Services

The Contractor shall furnish all equipment, supplies, cleaning solutions, and powders, and other incidentals necessary to perform work under the contract except Government-furnished supplies listed.. Contractor-furnished items shall include, but is not limited to non-slip floor wax, germicidal detergents, spot cleaners for rugs, wall cleaners, and glass cleaners necessary to perform the contract.

(A) Chemical Products

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA); Food, Conservation, and Energy Act of 2008; Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management;” EO 13514, “Federal Leadership in Environmental, Energy, and Economic Performance;” and the Federal Acquisition Regulation to provide biobased products. All custodial cleaning products required in the performance of this SOW shall be biobased and meet as a minimum, Green Seal Product Standards (http://greenseal.orgl).

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content standards as listed below:

Adhesive and Mastic Removers (BP) 58% - Minimum Biobased Content Graffiti and Grease Removers (BP) 34% - Minimum Biobased Content Sorbents (BP) 89% - Minimum Biobased Content Carpet and Upholstery Cleaners - 54% Minimum Biobased Content

General Purpose (BP)

AG-05K3-S-16-0016 12

Carpet and Upholstery Cleaners - 7% Minimum Biobased Content Spot Removers (BP)

Glass Cleaners (BP) 49% - Minimum Biobased Content Bathroom Cleaners (BP) 74% - Minimum Biobased Content Floor Strippers (BP) 78% - Minimum Biobased Content Dust Suppressants (BP) 85% - Minimum Biobased Content Hand Cleaners & Sanitizers - 64% - Minimum Biobased Content

Hand Cleaners (BP) Hand Cleaners & Sanitizers - 73% - Minimum Biobased Content

Hand Sanitizers (BP)

The Contractor shall provide a list of all chemical products proposed for use under this contract to the COR for review and approval. IF it is determined that a product does not meet the Government performance requirements, the Contractor shall submit a proposed alternative that would meet the performance requirements with the lowest environmental impact for evaluation and acceptance. Any products currently in use that do not meet the minimum biobased standards shall be replaced once the current supply is exhausted. The Contractor shall not use any materials, chemicals, or compounds which the COR determines would be unsuitable for the intended purpose or harmful to the surfaces to which applied or, as might be the case for such items as paper or soap products, unsatisfactory for use by occupants.

The Contractor shall maintain the smallest possible inventory of chemical products as necessary to meet immediate needs. All chemical containers will have the appropriate label, tag or marking prominently displayed that indicated the identity, safety and health hazards. The label used to identify the product must be identical to the product name on the material safety data sheets (MSDS).

Portable containers which contain a small amount of chemical need not be labeled if they are used immediately during that shift, but must be under the strict control of the contractor employee using the product.

At the start of the contract, the Contractor shall provide the COR an inventory of all cleaning products and chemicals to be used and stored on the premises. The inventory shall include the following:

Name of the Manufacturer:

Brand Name:

Intended Use:

Chemical Trade Name:

Quantities stored on-site and locations of storage area Copies of the product MSDS

The inventory shall be updated whenever products are added or removed from use.

(B) Non-Chemical Products

All non-chemical products proposed for use under this contract whether furnished by the Government or the Contractor must conform to the Environmental Protection Agency (EPA) Comprehensive Procurement Guidelines (CPG) (http://www.epa.gov/cpg) for recovered (recycled) content, if the products are CPG-designated items. Requirements for bathroom tissue, paper towels and trash bags are explicitly stated below:

AG-05K3-S-16-0016 13

1. Bathroom tissue – The bathroom tissue must contain at least 20-100% recovered fiber, including at least 20-60% post-consumer fiber.

2. Paper Towels – The paper towels must contain at least 40-100% recovered fiber, including at least 40-60% post-consumer fiber.

3. Plastic Trash Bags – The plastic trash bags must contain at least 10-100% post-consumer content.

For non-chemical products that are not CPG-designated, it is desirable for those products to meet the desired objective (e.g., ability to clean effectively) and contain the highest-possible amounts (by percentage) of recovered material(s) and post-consumer content, unless specific content requirements are set by the Forest Service. Additional information on recycled content products is available at the California Integrated Waste Management Board’s Recycled-Content Products Directory webpage (http://www.ciwmb.ca.gov/rcp/).

(C) Biobased Product Certification

Background

Congress passed a law to encourage the purchase of biobased products: the Farm Security and Rural Investment Act, Section 9002. Federal agencies must purchase designated biobased products and will establish agency preferential procurement programs for such products. Benefits of biobased products are to: enhance the nation’s energy security by substituting domestically produced biobased products for fossil fuel based products derived from imported oil and natural gas; improve demands for biobased products to increase demand for agricultural commodities, which are the feedstock of biobased products;

spur the development of value added agricultural processing and manufacturing in rural communities, which would create new jobs and income in rural regions; and establish an healthier environment for users.

Supplies, Material and Equipment to be provided by the Contractor

Unless otherwise specified herein, the Contractor shall furnish all supplies, materials and equipment necessary for the performance of work under this contract. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies, materials and equipment to be used in the performance of work described herein are subject to approval of the Contracting Officer’s Representative (COR).

The Contractor must submit to the COR a list of products to be utilized in the performance of its work.

The Contractor shall not use any materials, chemicals or compounds that the COR determines to be unsuitable to perform the required work. The Contractor shall utilize products and material made from biobased materials (e.g., biobased cleaners, biobased degreasers, biobased laundry detergent) to the maximum extent possible. For the biobased content products evaluation, products proposed for use under this contract must conform to the Department of Agriculture (USDA) Designated Biobased Products List (DBPL). If requested in the contract, contractors shall provide data for their biobased solvents and cleaners to document the level of biobased content. Any biobased product that the COR suspects does not meet USDA specifications or standards shall be tested at the Contractor’s expense by an independent laboratory qualified to perform such tests. A copy of the laboratory report of findings shall be submitted to the COR. These products shall meet the requirements established by applicable Federal specifications and standards or be considered unacceptable for use.

Biobased Products to Be Provided by the Contractor:

The following is a list of products USDA requires for custodial purposes. Each product submitted must be identified with one of these categories. It is desirable that vendors be able to supply the greatest

AG-05K3-S-16-0016 14

number of biobased products listed meeting the health and environmental specifications. Labeling should be printed on all containers.

All Purpose Cleaner Degreaser/cleaner Heavy Duty Cleaner Deodorizer Wood Floor Cleaner Floor Finish Gum Remover Floor Finish Restorer Disinfectant Sanitizer Floor Sealer Extraction Fluid Furniture Polish Floor Stripper Glass Cleaner Neutral Cleaner (Liquid) Solvent Spotter Spot and Stain Remover Lime & Scale Remover (Tub & Tile

Cleaner) Air Freshener Liquid Hand Soap Bathroom Cleaner Stainless Steel Polish Brass Polish/cleaner Toilet Bowl Cleaner Chrome Polish/cleaner Cream Cleaner

The offered products must meet the required content levels as stated in the USDA Final Rule for that designated item. Products which do not meet the mandatory specifications or for which the appropriate information has not been submitted will be disqualified from further consideration.

Required Submittals and Reports:

All offerors shall submit with their initial proposal a complete list of products that are to be used in carrying out the requirements of the contract. The products list shall be organized into the following categories:

Designated Biobased products, Non-designated Biobased products, and all other “Green” products (e.g., recycled content products, energy and water-efficient products, products using renewable energy, and alternatives to hazardous or toxic chemicals). The offeror shall list volume to be used and total cost for each individual product in each category. This information will be used for reporting purposes and to determine the reasonableness of cost.

Once USDA designates a biobased item that is part of the existing contract, the Contractor may utilize the remainder of the biobased products that was originally purchased to carry out the requirements of the contract. Once the product has been completely consumed, the Contractor shall replace that product with a product that meets the requirements and specifications of the designated item. The Contracting Officer shall inform the Contractor and COR when an item has been designated. Additionally, the Contractor will provide supporting documentation if there is an upward cost impact so that contract pricing can be adjusted accordingly. Likewise, the contract will be adjusted downward if so warranted.

To the greatest extent feasible, the Contractor shall also use biobased products.

a. Cleaning Operations and Stewardship Plan. The Plan must contain and define the following elements and be submitted within thirty (30) das of contract award:

1. The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices;

AG-05K3-S-16-0016 15

2. Proposed biobased cleaning-products that must be selected in accordance with the criteria included in the Solicitation. At minimum, the Plan must identify products by brand name for each of the above product types;

NOTE: Contractors may propose more than one product within a designated item and/or propose a product addressing more than one designated item

3. Once this list of products has been approved by the Contracting Officer, the Contractor is responsible for using only those approved cleaning chemical products in the building. If for some reason the product is found later to be ineffective, or the Contractor would otherwise like to propose an alternative product, either the Contractor or Contracting Officer may propose for consideration an “equal” product. The Contracting Officer is the final decision-maker for such substitutions and must approve each in writing.

4. Product Use and Cleaning Guides which define standard operating procedures for instructing staff in the following areas: the proper use, storage and disposal of cleaning products; proper cleaning procedures; proper operation of equipment; and other procedures/instruction to accomplish work under this contract; and

5. The Contractor shall define proper procedures for the storage of hazardous materials in conformance with good housekeeping practices, the National Fire Prevention Association (NFPA) Code and applicable Federal and municipal regulations. The Plan also must define proper procedures for the identification and disposal of hazardous wastes in accordance with Federal RCRA regulations and the District of Columbia Municipal Regulations (DCMR), Title 20, Subpart E prior to use with personnel.

6. The Contractor shall provide data on the quantity and dollar value of biobased products used in the contract. This shall be submitted on an annual basis.

b. Affirmative Procurement Program. The Contractor must implement the requirements of the agency’s comprehensive Affirmative Procurement Program for the purchasing of biobased products to the maximum extent possible. The Contractor shall detail how it intends to keep abreast of the development and increasing availability of biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

(D) Equipment

The Contractor shall furnish all necessary cleaning equipment including: power-driven floor scrubbing machines, waxing and polishing machines and vacuum cleaners. If available, equipment utilized under the contract shall be Energy Star qualified or meet the Department of Energy’s Federal Energy Management Program (FEMP) Energy-Efficient product requirements.

All equipment shall be of the size, type and condition customarily used in the work, shall conform to all applicable safety codes, and shall meet the approval of the COR. All vacuum cleaners shall be equipped with High Efficiency Particulate Air (HEPA) filters able to trap at least 99.97 percent of all particles 0.3 microns in size and larger that are collected by the vacuum cleaner. All vacuum cleaners used during normal office hours (7am to 6pm) shall be rated to produce noise levels no greater than 65dB (average) at a distance of 6’6” from the unit.

The contractor is responsible for maintaining all equipment in good working order, in accordance with manufacturer recommendations. HEPA filters in vacuum cleaners will be changed on a regular basis in accordance with manufacturer specifications so as to maintain optimal performance.

AG-05K3-S-16-0016 16

Any defective equipment shall be brought to the attention of the COR within two hours of knowledge by the Contractor, and repaired at the Contractor’s expense within 72 hours.

The Contractor shall provide protective gloves, safety glasses, and any other safety equipment needed to execute the contract.

(E) Contractor Submittals

a) Schedule – Submit a schedule at least 1 month in advance of required work showing dates, “weekly”, “monthly”, “”, “semi-annual”, and “annual” work will be performed. Inform the Government of schedule changes at least one week in advance.

b) MSDS Sheets – Provide MSDS sheet Schedule – Submit a schedule at least 1 month in advance of required work showing dates, “weekly”, “monthly”,”, “semi-annual”, and “annual” work will be performed for all materials used or stored in Government Offices.

c) Cleaning Product Information – Manufacturer’s or supplier’s information describing the contents and recommended uses for each cleaning product used.

d) Personnel – Provide and keep current, a written list of the names of all Contractors’ employees performing duties under this contract.

e) Cleaning, Operations, Stewardship Plan

(10) Contract Information

Contracting Officer: Justin Holder, 360-891-5082

Technical Contact: Angela Snyder, 360-891-5163

Estimated Start Work Date at 991 and 404: May 23, 2016

(11) Summary of Requirements

Schedule of Activities - Building 991

Building 991 is a three-story historic office building constructed in the early 1900’s. All janitorial work on this facility shall leave the flooring and paint undisturbed. The office was recently painted and the floors sealed in order to encapsulate lead-based paint and asbestos-containing mastic. All surface cleaning of the floors shall be done by damp mopping as sweeping and vacuuming are not acceptable. Water is currently not provided at this facility. The contractor will need to make arrangements to bring potable water in for cleaning until the government has remedied the water situation.

Item No. Work Item 1a Daily: Empty trash receptacles. Spot clean floors and carpets as needed. Damp mop toilet rooms.

Clean all toilet fixtures and lavatories, sinks and mirrors, inside and outside door handles, and replenish toilet supplies. Dispose of all trash and garbage generated in or about the building.

Wash inside and out or steam clean cans used for collection of food remnants. Dust with damp cloth all horizontal surfaces that are readily available and visibly require dusting. Police sidewalks, parking areas, and driveways for litter and debris.

1b Weekly: Sweep sidewalk and parking areas directly adjacent to the building (weather permitting). Clean glass both inside and outside on all entry doors.

AG-05K3-S-16-0016 17

1c Every two weeks: Thoroughly dust furniture with a damp cloth. Completely vacuum and damp mop all floor areas. Damp spot clean all wall surfaces within 70 inches of the floor using non-abrasive sponges.

1d Monthly: Damp wipe all toilet wastepaper receptacles, stall partitions, and doors using non-abrasive sponges. Sweep storage spaces.

1e As required: Empty exterior ash cans and clean…