COMMERCIAL_ITEMS.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 241787 26

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

Norwood Office Janitorial

AG-82X9-S-09-0015

DATE

Dec.10, 2008

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION Joel Butzin jbutzin@fs.fed.us calls) 970 874-6613 LOCAL TIME

INFORMATION CALL: Jan. 13, 2009

9. ISSUED BY CODE 10. THIS ACQUISITON IS

USDA Forest Service Rocky Mountain Acquisition Service Team

UNRESTRICTED OR SET ASIDE: % FOR

Delta CO Office SMALL BUSINESS EMERGING SMALL

BUSINESS

2250 Highway 50 Delta CO 81416

HUBZONE SMALL

NAICS: 561720 BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: $16.5 Million OWNED SMALL BUSINESS

13b. RATING 11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

Submit invoices to address in block 9, Attention Joel Butzin.

After acceptance, invoices are sent to the USDA payment processing office in St Louis, Missouri. Payments are made by electronic funds transfer.

TELEPHONE N0.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

SCHEDULE OF SUPPLIES/SERVICES

Do not enter prices here but on the Schedule of Items below.

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

25. ACCOUNTING AND APPROPRIATION DATA

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (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 STANDARD FORM 1449 (REV.3/2005)

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

SOL NO. AG-82X9-S-09-0015

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Janitorial Services – Base Period Feb. 1, 2009 through Jan. 31, 2010

Janitorial Services – First Option Period Feb. 1, 2010 through Jan. 31, 2011

Janitorial Services – Second Option Period Feb. 1, 2011 through Jan. 31, 2012

Janitorial Services – Third Option Period Feb. 1, 2012 through Jan. 31, 2013

Janitorial Services – Fourth Option Period Feb. 1, 2013 through Jan. 31, 2014

Federal Tax ID No: ___________________

Duns Number: ___________________

Mo

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.3/2005) BACK

Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

CONTRACT CLAUSES

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Items (June 2008)

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

(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78)

(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. 253g and 10 U.S.C. 2402).

__ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (4) [Reserved] X (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (8)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)).

X (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sept 2005)

(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting

(Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000)

(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C.

657 f).

X (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

X (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

X (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans (Sept 2006) (38 U.S.C. 4212).

X (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

X (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans (Sept 2006) (38 U.S.C. 4212).

X (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004)

(E.O. 13201).

X (24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

__ (25)(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)).

__ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (27)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products

(Dec 2007) (E.O. 13423).

X (28) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d).

X (29)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

__ (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (31) 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).

__ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003)

(31 U.S.C. 3332).

__ (37) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999)

(31 U.S.C. 3332).

__ (38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (40)(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).

(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) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

X (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option

Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

X (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—

Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (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 settelement. 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 paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other

Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004)

(E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-

Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(x) 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.

52.217-5 Evaluation of Options. (July 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the

Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

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 the current period of the contract provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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.

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

Specifications

SF-85 Questionnaire for Non-Sensitive Positions (Separate Attachment)

The successful contractor will be required to provide finger prints and completed SF-85 forms for all people who will be working on the contract and be in the Forest Service building. This information will be used to do a background check. All persons who will be working in the Forest Service building will need to be able to pass a Low Sensitivity background check

Department of Labor Wage Determination No. 2005-2084 Rev. 8

SECTION C-DESCRIPTION, SPECIFICATIONS, STATEMENT OF WORK

1. LOCATION AND DESCRIPTION OF THE INSTALLATION:

The site of work is the Norwood Ranger District Office located at 1150 Forest Street in Norwood Colorado. There is one building to be cleaned under this contract, including the building's interior and exterior, outside walkways, landscaping, and parking areas. The gross size of the building is about 8000 square feet.

2. SCOPE OF WORK:

The purpose of this contract is to provide for janitorial services in compliance with the terms, specifications, conditions, and provisions contained herein. The Contractor shall furnish all equipment, transportation, labor, supervision, and supplies (except as specified herein as Government furnished) necessary to maintain the designated building in a clean, sanitary and acceptable condition. Performance will be according to the standards indicated herein. The contract will commence on about Feb. 1, 2009 and continue through Sept. 30, 2010, with four additional option years possible.

3. PREBID INSPECTION AND TOUR:

None scheduled. Offerors may come to the Ranger District office during normal business hours to view the building.

4, PREWORK CONFERENCE:

Prior to commencement of work, the Contractor shall arrange a meeting with the Contracting Officer to discuss the contract terms and work performance requirements.

5. HOURS OF OPERATION:

The Contractor shall perform work in the building after 5:00 p.m. and before 7:00 a.m. Monday through Friday.

Work may also be performed anytime on weekends and federal holidays. Some work may be done during the day if interference with Government business is minimized and the Contracting Officer agrees ahead of time.

6. GOVERNMENT FURNISHED MATERIALS:

The Government shall deliver to the Contractor equipment, materials, supplies, property, or services (hereinafter referred to as "Government-furnished property") listed below at the work site prior to work commencing. As supplies need replenishing, the Contractor shall notify the Contracting Officer's Representative no less than 2 weeks in advance so needed items can be ordered The Government will furnish the following items unless otherwise indicated:

1. Toilet tissue, hand soap and hand towels,

2. Garbage can liners,

3. Incandescent bulbs, Fluorescent tubes and starters,

4. Rock salt, or equivalent, for ice and snow removal,

5. Keys will be signed for and returned upon completion or termination of the contract. Lost keys are the responsibility of the Contractor. See "Key Control" below.

6. All utilities necessary for the Contractor to perform the required services as stated herein.

1. GOVERNMENT FURNISHED FACILITIES:

The Contractor will have the use of a janitor's closet within the building.

8. CONTRACTOR-FURNISHED ITEMS:

The Contractor will furnish all equipment and materials necessary (except, as noted in paragraph 6 above, those furnished by the Government) to perform the tasks specified in the contract. All equipment will have bumpers and guards to prevent marking or scratching of fixture, furnishings, or building surfaces. All electrical equipment used by the Contractor will meet all safety requirements of this contract. This equipment must operate using existing building circuits. I

9. PERSONNEL:

The Contractor shall employ personnel qualified and capable to perform janitorial work and will provide a list of Contractor personnel who will be on the premises.

10. CIRCUMSTANCES TO BE REPORTED:

The Contractor or the Contractor's employees will report to the Contracting Officer any circumstances of needed repairs of the facility or unusual soiling of an area which may affect the performance of the work and unhealthy or hazardous conditions.

11. ABNORMAL CLEANING:

Any situation requiring cleaning services beyond those normally encountered in routine cleaning work will be considered "abnormal cleaning". Situations requiring abnormal cleaning will be referred to the Contracting Officer prior to commencing work on the "abnormal cleaning". If the Contracting Officer determines that the situation requires abnormal effort on the part of the Contractor, equitable reimbursement will be provided to the Contractor for the level of effort over and above that normally required, (e.g., Fire or flood damage, construction work, etc.).

Residue resulting from changing ceiling tiles or relocating furniture is not considered construction work or abnormal cleaning.

12. CONSERVATION OF UTILITIES AND BUILDING SECURITY:

Upon completion of work in each building, Contractor personnel shall ensure that (unless otherwise instructed) all lights are off, all machines and appliances are shut off or disconnected, no smoldering, smoking, or burning materials are in ash containers or trash receptacles, and that all windows and entrance doors are closed and locked upon leaving the building. If the building is occupied by the Government after normal working hours, Contractor's personnel shall notify the Government personnel of their departure and leave the door locked unless otherwise instructed. The Contractor is also responsible for ensuring that its employees do not disturb papers or equipment on desk or bulletin boards, open drawers or cabinets, or use telephones provided for Government use, except for emergency calls to police or fire departments.

13. LOST AND FOUND PROPERTY:

It is the responsibility of the Contractor to ensure all articles of possible personal or monetary value found by the Contractor's employees are turned in to the Contracting Officer.

14. KEY CONTROL:

The Contractor will establish and implement methods of ensuring that all keys issued by the Government are kept secure in the Contractor's possession and are not used by unauthorized persons. No keys issued by the Government are to be duplicated.

a. The Contractor will be required to reimburse the Government for replacement of locks or re-keying as a result of Contractor loss of keys. In the event a master key is lost or duplicated, all locks and keys for that system will be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

b. Contractor will report the occurrence of a lost key to the Contracting Officer no later than the next duty day.

c. It is the responsibility of the Contractor to prohibit the use of keys issued by the Government by any persons other than the Contractor's employees. It is also the responsibility of the Contractor's employees to prohibit the opening of locked areas by Contractor's employees to permit entrance of persons other than Contractor's employees engaged in the performance of assigned work in those areas.

15. FEDERAL HOLIDAYS:

Except as noted in the Schedule of Work, work will not be required on the following federal government holidays, nor on holidays observed in lieu there of:

New Year's Day Labor Day Martin Luther King Jr. Day Columbus Day President's Day Veteran's Day Memorial Day Thanksgiving Day Independence Day Christmas

16. UNFORESEEN BUILDING CLOSURES:

When an unforeseen building closure occurs on a regularly scheduled day of work, the Government shall have the following options:

a. To require the Contractor to perform work necessary to sustain operations on the following normal duty day.

b. To forego the work and reduce payment due to the Contractor accordingly for work not performed.

17. SUBCONTRACTING:

The Government reserves the fight to approve or disapprove any subcontractors selected. Therefore, the Contractor shall obtain approval from the Contracting Officer for all subcontractors prior to entering into any subcontracts. The Contractor's request for approval shall be written and include the specific work to be accomplished by the subcontractor.

18. SMOKING RESTRICTIONS:

There are no public areas designated as smoking areas. Therefore, there is no interior space for the Contractor or his/her employees to smoke.

19. TECHNICAL SPECIFICATIONS:

The Janitorial services shall be performed in accordance with the following specifications at the frequencies necessary to meet the standards listed in the Quality Assurance Plan (QAP):

(a) Restrooms. Restrooms shall be cleaned and sanitized daily to maintain all fixtures, including water closets, showers and urinals, at a high level of shine and cleanliness. Partitions, doors and walls shall be free of obvious dirt, graffiti, and dust. Restroom supplies shall contain at least a 1 1/2 days supply at the beginning of each day. Sanitary napkin waste receptacles will be emptied, cleaned and disinfected, and provided with a new liner.

(b) Floors. All flooring shall be cleaned daily, with no evidence of build-up or discoloration. All hard and resilient floors shall maintain an overall high-level luster appearance. When necessary, this includes the stripping and refinishing of all wax and/or sealer, removal of all marks, scuffs, stains, etc. (except where damage to the floor Would occur), and application of at least two coats of the appropriate wax and/or sealer.

Restroom floors shall be clean and sanitized. The Contractor shall place and remove appropriate warning signs for wet or slippery floor areas caused by cleaning. Contractors may move furniture as necessary to do floor cleaning and maintenance.

(c) Carpets. Carpets, including all mats, shall be kept free of obvious dirt and debris, and without obvious spots and stains. As needed, carpets will be shampooed and spot and stain removal shall result in a uniform appearance. Vacuuming shall be done so that no obvious dirt and debris remains. Contractors may move furniture as necessary to do carpet cleaning and maintenance. Carpets shall be shampooed at least once annually.

(d) Dusting. All dust catching surfaces, (horizontal and vertical) including furniture, cabinets, fixtures, window sills, office partitions, and blinds shall be free of obvious dust, dirt, and cobwebs. Typewriters, business machines, electronic cabinets, consoles, plotting boards, and equipment of a similar nature shall not be dusted. Treated clothes shall not be used on surfaces where they will stain the surface. Desks, tables, and other working surfaces will not be dusted if they are not free of papers, documents, or other working materials.

(e) Glass and Mirrors. All glass surfaces shall be kept clean and free of dirt, spots, streaks and smudges.

This includes mirrors, plate glass, both sides of door panels, glass partitions, etc. All windows shall be cleaned at least semi-annually.

(f) Drinking Fountains and Sinks. Drinking fountains and sinks shall be free of water marks, and any other debris or encrustation. Drinking fountains and sinks shall be sanitized. Abrasive cleaner shall not be used on surfaces which would be scratched by their use.

(g) Trash Containers & Waste Baskets. All waste baskets and other trash containers within the building and outside, including the parking area, will be emptied and returned to their initial location. Boxes, cans, and papers placed near a trash receptacle and marked "TRASH" will be removed. The Contractor shall replace wastebasket liners as needed.

(h) Spot Cleaning. Walls, doors, and trim shall not have areas of dirt or smudges. Also, filing and storage cabinets shall be kept clean of dust, dirt, and smudges.

(i) Light Fixtures. All exposed light fixtures and their accessible components including shades, louvers, and housings, shall be kept free of dirt and dust. The Contractor will be responsible for replacing bulbs.

G) Outside Areas: Landings, steps, and sidewalks will be kept free of debris. Snow shall be removed by 7:00 a.m. of each day of operation and then as necessary to maintain safety and accessibility.

(k) Landscaping Care: Mow lawn to maintain neat appearance. Water to maintain healthy grass, trees and shrubs.

(1) Miscellaneous. The Contractor shall notify the Contracting Officer of the following:

(l) Report fires, hazardous conditions, and items in need of repair. (2) Turn in lost and found articles.

(3) Notify the Contracting Officer or police when an unauthorized or suspicious person is seen on the premises.

20. QUALITY ASSURANCE PLAN (QAP)

The Government will inspect the Contractor's performance to ensure compliance with the contract requirements.

The Contracting Officer's Representative (COR) will record inspection observations and document all deficiencies through a written inspection report provided to the Contractor. When unacceptable performance is observed, the COR will meet with the Contractor's supervisor at the Job site to review the inspection report and to ensure that the Contractor has an understanding of the unacceptable services. The Contractor will explain why performance was unacceptable, how performance will be returned to acceptable levels and how recurrence of the problem will be prevented in the future. The Contractor will not be paid for services not rendered in accordance with the standards set forth in this contract. If appropriate, the Contractor will be required to rework services that were unsatisfactorily performed.

The cleaning services shall be performed at frequencies determined by the Contractor. Performance shall be based on the Government's evaluation of results, not the frequency or method of performance. The evaluation of results will be based on tenant satisfaction, inspection observations, and accepted trade practices. The following standards will be applied in measuring the acceptability of the Contractor's performance:

(a) Restrooms. Restrooms and shower area will be visually inspected to ensure that all fixtures are maintained at a high level of shine and cleanliness. Partitions, doors, and walls will be visually inspected to ensure that they are free of obvious dirt, graffiti, and dust. Restroom supplies will be inspected to ensure that an adequate supply is maintained at all times.

(b) Floors. Visually inspect all flooring to ensure that they are clean, with no evidence of build-up or discoloration, and that all hard and resilient floors are maintained to an overall high-level luster appearance. Visually inspect restroom floors to ensure that they are sanitized as well as meeting the standards stated in the Technical Specifications above. Ensure that warning signs are being placed and removed as is appropriate when wet or slippery floor areas caused by cleaning.

(c) Carpets. Visually inspect carpets and mats to ensure that they are clean, free of obvious dirt and debris, and without obvious spots and stains.

(d) Dusting. Visually inspect all dust catching surfaces, (horizontal and vertical) including furniture, cabinets, fixtures, window sills, office partitions, and blinds to ensure that they are free of obvious dust, dirt, and cobwebs.

(e) Glass and Mirrors. Visually inspect all glass surfaces to ensure that they are clean and free of streaks and smudges.

(f) Drinking Fountains and Sinks. Visually inspect drinking fountains and sinks to ensure that they are clean, sanitized, and free of water marks, and any other debris or encrustation.

(g) Trash Containers & Waste Baskets. Visually inspect to ensure that all waste paper and trash are being removed and properly disposed of, that wastebasket and receptacles are kept clean, and that liners are replaced as needed.

(h) Spot Cleaning. Visually inspect walls, doors, trim and filing and storage cabinets to ensure they are free of areas of dirt or smudges.

(i) Light Fixtures. Visually inspect all exposed light fixtures and all accessible components to ensure that they are kept free of dirt and dust and that bulbs are replaced as needed.

G) Outside Areas: Visually inspect landings, steps, and sidewalks to ensure they are free of debris and snow.

(k) Landscaping Care: Verify that the lawn is maintained in a neat appearance and that the lawn, trees and shrubs are being watered to maintain their health.

21. PERFORMANCE EVALUATION MEETINGS:

The Contractor will meet with the Contracting Officer weekly during the first month of the contract.

Thereafter, meetings will be as often as necessary and as determined by the Contracting Officer.

22. PAYMENTS:

Each month, Contractor performance will be compared to contract standards, Technical Specifications, the Quality Assurance Plan and the Contractor's Quality Control Plan. Monthly payments to the Contractor will be reduced for unsatisfactory performance in any of the elements listed in the Technical Specifications by the following percentages:

(a) A reduction of 10% of the monthly Janitorial Services Unit Price, as listed in the Schedule of Supplies/Services, in any of the following Technical Specification elements: Restrooms; Floors;

Carpets; Glass and Mirrors; Trash Containers & Waste Baskets; Spot Cleaning; Light Fixtures;

Outside Areas; Landscaping Care.

(b) A reduction of 5% of the monthly Janitorial Services Unit Price, as listed in the Schedule of Supplies/Services, in any of the following Technical Specification elements: Dusting; Drinking Fountains and Sinks.

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2005-2084 Shirley F. Ebbesen Division of | Revision No.: 8 Director Wage Determinations| Date Of Revision: 08/01/2008 State: Colorado

Area: Colorado Counties of Alamosa, Archuleta, Baca, Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Delta, Dolores, Eagle, Fremont, Garfield, Gunnison, Hinsdale, Huerfano, Kiowa, La Plata, Lake, Las Animas, Mesa, Mineral, Moffat, Montezuma, Montrose, Otero, Ouray, Pitkin, Prowers, Pueblo, Rio Blanco, Rio Grande, Routt, Saguache, San Juan, San Miguel

*Fringe Benefits Required Follow the Occupational Listing*

OCCUPATION CODE - TITLE MINIMUM WAGE RATE

11000 - General Services And Support Occupations 11090 - Gardener 13.30 11122 - Housekeeping Aide 9.21 11150 - Janitor 10.15 11210 - Laborer, Grounds Maintenance 10.46 11260 - Pruner 9.49 11360 - Window Cleaner 10.96

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: Life, accident, and health insurance plans, sick leave, pension plans, civic and personal leave, severance pay, and savings and thrift plans. Minimum employer contributions costing an average of $3.24 per hour computed on the basis of all hours worked by service employees employed on the contract.

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4174)

THE OCCUPATIONS WHICH HAVE PARENTHESES AFTER THEM RECEIVE THE FOLLOWING BENEFITS (as numbered):

1) Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541.400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination.

Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of:

(1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;

(2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;

(3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or

(4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400).

2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY

HAZARDOUS PAY DIFFERENTIAL:. All

* UNIFORM ALLOWANCE *

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the

Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form

1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined.

Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation) and computes a proposed rate).

2) After contract award, the contractor prepares a written report listing in order proposed classification title), a Federal grade equivalency (FGE) for each proposed classification), job description), and rationale for proposed wage rate), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review.

(See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination.

Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

SOLICITATION PROVISIONS

FAR 52.212-2 Evaluation – Commercial Items (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The critical factor in making any cost/technical trade-offs is not the spread between the technical ratings, but rather the significance of that difference. The significance of the difference in ratings will be determined on the basis of what that difference is and what it would cost the Government to take advantage of it. Award may not necessarily be made for technical capabilities that would appear to exceed those needed for fulfilling the requirements of this contract. The Government reserves the right to make cost/technical trade-offs that are in the best interest and to the advantage of the Government. The following factors shall be used to evaluate offers:

TECHNICAL CRITERIA. The technical proposals will be evaluated and ranked according to the following criteria. The contractor is responsible to submit documentation and records of successful completion of past performances of similar projects within the past three years along with his bid package. In addition the contractor shall provide a list of personnel qualifications, an outline detailing how they plan to accomplish the project (Performance Plan) along with a schedule for finishing the work within the contract time.

1. Past Performance

(i) Quality of Work: Demonstrated ability to perform services in accordance with contract specifications.

Conformance to good standards of workmanship.

(ii) Customer Satisfaction: Satisfaction of end users with the contractor's completed products and services.

(iii) Timeliness of performance: compliance with delivery schedules; reliability; responsiveness to technical direction, no assessment of liquidated damages.

(iv) Business relations: Effective management, ability to manage projects involving subcontracts, working relationship with the contracting officer and technical representatives, reasonable/cooperative behavior, flexibility, effective contractor recommended solutions, businesslike concern for government's interests.

(v) Cost control: Ability to complete contracts within budget (at or below); reasonableness of price change proposals submitted; providing current, accurate, and complete billings.

(2) Technical Approach:

Organization Understanding of project and Performance Plan General plan and operating schedule Personnel:

COST/PRICE EVALUATION CRITERION. This criterion will consider (1) price reasonableness, and (2) help determine the offerors understanding of the work. Cost/price is equal in weight to technical evaluation criteria;

however, the importance of cost/price may become greater as the differences between technical proposals decreases.

Where technical proposals are determined to be substantially equal, any cost/price advantage to the Government may control award.

Proposals will be evaluated and rated to determine which offerors are within a competitive range, price and other factors considered. Award may be made without further negotiations. Proposals should be submitted initially on the most favorable terms that the offeror can submit to the Government, from both price and technical standpoints. However the

Government may, after evaluation of proposals, conduct further oral or written discussions as appropriate, with all offerors whose proposals are within a competitive range. Proposals that do not address one or more criteria or sub-factors, may not be considered further for award.

Firms lacking a past performance record (e.g., new firms or those with no relevant experience within their organization) will be treated as an unknown performance risk, receiving a neutral score in this criteria. A neutral score will be established as the average of all other competing offerors, or the average of the total score available, whichever is less.

Technical and past performance, when combined, are about equal when compared to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS

(JUNE 2008)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision— “Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be…