El_Rito_Janitorial_AG-83A7-S-15-0001.doc

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El Rito Ranger District Janitorial Services Federal contract opportunity
Solicitation number
AG-83A7-S-15-0005
Issued by
Department of Agriculture Forest Service

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El Rito Ranger District Solicitation specification and wages rate

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Janitorial Services –El Rito Ranger District

AG-83A7-S-15-0001

Janitorial Services –El Rito Ranger District

AG-83A7-S-15-0001

Continuation of SF1449 Block 19, 20, 21, 22, 23, and 24

SCHEDULE OF ITEMS

The Contractor shall furnish all labor, materials, equipment, tools, transportation, and supervision, supplies for Janitorial Services – El Rito Ranger District office in accordance with the Solicitation Provisions, Contract Clauses, Attachments, and Performance Work Statement/Statement of Work/Specifications as a result of this solicitation.

Item NO.

ITEM NO.
QTY
UNIT
UNIT PRICE
AMT.

All Items

FOB: Destination El Rito Ranger District P.O. Box 56 State Road 554, Bldg. 1221

El Rito, NM 87530

BASE YEAR – December 1,2014 OR DATE OF AWARD WHICH IS LATER

THROUGH SEPTEMBER 30, 2015

Janitorial Services for El Rito Ranger District

OPTION 1 -OCTOBER 1, 2015, THROUGH SEPTEMBER 30, 2016

Janitorial Services for El Rito Ranger District

OPTION II – OCTOBER 1, 2016, THROUGH SEPTEMBER 30, 2017

Janitorial Services for El Rito Ranger District

OPTION III – OCTOBER 1, 2017, THROUGH SEPTEMBER 30, 2018

TOTAL OF BASE YEAR AND THREE OPTION YEARS

(Items 001-004)

DUNS# ___________________________

TAX ID#________________________________

MO

MO

MO

Vendor must be registered in System Award Management (www.sam.gov) to be awarded resultant contract.

INSTRUCTIONS TO OFFERORS:

Return the following as your offer:

· SF1449 completed and signed (Page 1)

· Pricing ( Pages 3)

· Representations – Pages 12-22

· Experience Questionnaire (Attachment 3)

· Completed Past Performance Questionnaires returned by references (Attachment 4) (Refer to page 8)

· Acknowledge any amendments issued.

· Registered in System Award Management (www.sam.gov).

· NO BONDING IS REQUIRED

Write or type on outside of envelope in which the offer is submitted:

ATTENTION: SALLY VIGIL AG-83A7-S-15-0001

so that mailroom personnel will recognize document as an offer for this solicitation.

Quotes may be faxed to (575) 758-6309. Quotes may be emailed to me svigil@fs.fed.us.

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

CONTRACT CLAUSES

52.203-5 -- Covenant Against Contingent Fees (May 2014) 52.203-6 – Restrictions on Subcontractor Sales to the Government (Sep 2006)

52.203-7 -- Anti-Kickback Procedures (May 2014) 53.303-15 – Whistleblower Protections

52.204-9 - Personal Identity Verification of Contract Personnel (Jan 2011)

52.211-11 – Liquated Damages- Supplies, Services, or Research and development (Sept 2000) FAR 52.212-4 Contract Terms and Conditions--Commercial Items (FEB 2012) 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (NOV 2012)

(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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(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) (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:

52.203-17 – Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

52.213-2 – Invoices (Apr 1984)

52.216-1 -- Type of Contract.

The Government contemplates award of a Firm Fixed Price , contract resulting from this solicitation.

[Contracting Officer check as appropriate.] X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

X (6) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). (applicable over $30,000) X (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

X (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

X (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

X (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

X (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

___ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (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.)

X (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)) X (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

X (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

X ( (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

X ( (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

(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.]

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.).

Forest Aide GS-3, Step 2

*Fringe Benefits: Life, Accident and Health insurance and Sick Leave Program-5.1 percent of basic hourly rate. Paid Holidays- 10 days per year. Vacation- 13 days paid vacation per year up to 3 years of service, 20 days after 3 years of service, and 26 days after 15 years of service. Retirement- 7 percent of basic hourly rate

X ( (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

(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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($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) [Reserved]

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

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 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.

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

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 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.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.216-24 -- Limitation of Government Liability (Apr 9184) 52.216-25 - Contract Definitization (Oct 2010) 52.222-1 -- Notice to the Government of Labor Disputes (Feb 1997)

52.222-2 -- Payment for Overtime Premiums (Jul 1990) 52.223-2 -- Affirmative Procurement of Bio-based Products Under Service and Construction Contracts. (Jul 2012)

(a) In the performance of this contract, the contractor shall make maximum use of bio-based products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov .

(c) In the performance of this contract, the Contractor shall—

(1) Report to the environmental point of contract identified in paragraph (d) of this clause, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30;

(2) Submit this report not later than—

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

(ii) At the end of contract performance; and

(3) Contact the environmental point of contact to obtain the preferred submittal format, if that format is not specified in this contract.

(d) The environmental point of contact for this contract is: Sally Vigil or Assigned Contracting Officer.

52.217-2 -- Cancellation Under Multi-Year Contracts (Oct 1997) FAR 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4 years.

52.219-2 Equal Low Bids

(a) This provision applies to small business concerns only.

(b) The bidder’s status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids. If the bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in which the costs to be incurred on account of manufacturing or production (by the bidder or the first-tier subcontractors) amount to more than 50 percent of the contract price.

(c) Failure to identify the labor surplus areas as specified in paragraph (b) of this provision will preclude the bidder from receiving priority consideration. If the bidder is awarded a contract as a result of receiving priority consideration under this provision and would not have otherwise received award, the bidder shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.

52.222-17 – Nondisplacement of Qualified Workers. (May 2014) 52.222-41 -- Service Contract Labor Standards (May 2014)

52.222-43 -- Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014)

52.223-1 – Bio based Product Certification (May 2012)

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements 52.225-25 -- Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications.

(a) Definitions. As used in this provision--

Person--

(1) Means--

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703-4, by submission of its offer, the offeror--

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and

(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf ).

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if—

(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and

(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

52.222-50 Combating Trafficking in Persons (Feb 2009) 52.229-10 State of New Mexico Gross Receipts and Compensating Tax (April 2003) 52.232-1 – Payments (Apr 1984) 52.232-18 -- Availability of Funds (JUN 1984) 52.232-9 Unenforceability of Unauthorized Obligations (Jun 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement , that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulation and procedures.

52.233-2 Service of Protest (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Cibola National Forest, 2113 Osuna Rd NE, Albuquerque, NM 87113.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO

AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract will be from Apr 1, 2013 or date of award whichever is later through Sep 30, 2013. (Base Period) Option I: Oct 1, 2013 – Sep 30, 2014. Option II: Oct 1, 2014 – Sep 30,2015, Option III: Oct 1, 2015 – Sep 30,2016, Option IV: Oct 1, 2016 – Sep 30,2017 AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. The conference will be held at Tuskegee Ranger District Office. If necessary, the meeting may be held via teleconference at the convenience of the Forest Service. The purpose of the meeting is to discuss work schedules, inspection procedures and thoroughly reviewing the scope of the contract No work can begin under any this contract until a pre-work has been held for the base period.

AGAR 452.209-71 Assurance Regarding Felony Conviction Or Tax Delinquent Status For Corporate Applicants Alternate 1 (Feb 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

ATTACHMENT 1

Performance Work Statement – Janitorial Services El Rito Ranger 10 pages

District

ATTACHMENT 2

Department of Labor Service Wage, Determination

4 Pages

Determination No. 2005-0011, Rev 15, Dated 6/13/2012

ATTACHMENT 3*

Experience Questionnaire

2 Page

ATTACHMENT 4*

Past Performance Questionnaire

2 Pages *Not included in resultant contract

SOLICITATION PROVISIONS

The Solicitation Provisions are for solicitation purposes only. They will be physically removed from any resultant award, but will be deemed to be incorporated by reference in the award.

FAR Provision 52.212-1, Instructions To Offerors--Commercial Items (Jun 2008) is hereby tailored as follows: (Incorporated By Reference On Standard Form 1449)

Paragraph c is changed to read as follows: (c) Period for acceptance offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

Paragraph (d) is deleted

Paragraph (e) is deleted.

Paragraph (i) is deleted.

The following paragraphs are added to FAR Clause 52.212-1.

(m) Proposal Preparation Instructions. These instructions are designed to ensure the submission of information essential to the understanding and comprehension of the RFQ. The instructions permit the inclusion of any additional data or information an offeror deems pertinent. Offerors are cautioned to follow the detailed instructions carefully and fully, as the government reserves the right to make an award based on initial offers received without discussions of such offers.

1. After compiling all required information reassemble the solicitation document in accordance with appropriate instructions and return the executed documents to the issuing office listed in Block 9 of the SF 1449 on or before the date/time specified on the front of the SF 1449. Write or type on the outside of the envelope in which the offer is submitted:

ATTENTION: Sally Vigil

AG-83A7-S-15-0001

(1) All quotations must be complete, self-sufficient, respond directly to the requirements of this solicitation.

(2) The following material will be submitted:

i. Contract Forms:

1) SF 1449 (Complete Block 12, 17 (Disregard code blocks), and 30 of SF 1449) (Including any and all amendments)

2) A completed copy of the representations and certifications. (pages 12-22)

3) Acknowledge any and all amendments on the SF 30 by completing blocks 8, 15A, 15B, and 15C of the SF.

4) SAM: Offeror needs to be registered in SAM (www.sam.gov) in order to be awarded.

ii. Price: Complete and return the schedule. Offeror must provide pricing for all items. Plus the contractor should insert DUNS and Tax ID number where indicated under the schedule of items. (page 3)

iii. Past Performance: As part of the evaluation process, the Government will assess each Offeror’s past performance. The Offeror shall present factual material dealing with contracts performed for other Government agencies or with private sector businesses for which the same or similar services were provided. Information requested includes successful execution of contracts. Offerors are cautioned that the Government will use information provided by the Offerors and information obtained from other sources in the development of the performance assessments.

1) Content. Offerors shall provide a list of all contracts similar in size and scope completed or begun during the past three years. The list should not exceed more than 20 contracts. No proposed pricing information shall be provided with the past performance information. Offerors shall submit the list no later than the offer due date and time indicated on Standard Form 1449, Block 8, to National Forest in Taos NM, Attn: Sally Vigil 208 Cruz Alta RD, Taos NM 87571 Include the following information for each contract:

(i) Description of janitorial services performed. (i.e. size (SF) of building cleaned, type of facility, type of cleaning performed, how often service performed) Use of only a project title does not usually provide enough detail for the Government to make an adequate evaluation

(ii) Contract Number and Total Contract Value.

(iii) Period of Performance and indicate whether or not the contracts were completed within the required performance time.

(iv) Client’s Name, Address, Telephone Number, and Point of Contact

2) In addition to the requirement for a list of consecutive contracts, each Offeror is responsible for sending the attached past performance questionnaire (PPQ) (Attachment 4) to no more than five (5) contractors for whom the most relevant contracts were performed or completed within the last three years for the same or similar type services. Once someone in that organization has completed the PPQ he/she will submit the questionnaire directly to: National Forests in Taos NM, Attn: Sally Vigil 208 Cruz Alta RD, Taos NM 87571 or faxed to (575)758-6309. Completed questionnaires should be submitted no later than the offer due date and time indicated on Standard Form 1449, Block 8. If the contractor fails to submit PPQs, this could result in the contractor receiving a neutral rating for past performance.

3) Offerors lacking recent and relevant present/past performance experience similar to janitorial/custodial services may submit information regarding key personnel who have recent and relevant experience. In this case, Offerors shall provide the following information, as a minimum, to allow government evaluators to conduct a present/past performance evaluation for those key personnel cited by the Offeror.

(i) Name of Key Personnel

(ii) Complete Address

(iii) Telephone Number

(iv) Brief synopsis of relevant experience (a resume may be submitted)

(3) The experience questionnaire (Attachment 3) can be completed to address the technical and past performance requirements. Additional information may be submitted to supplement this form as necessary. Offerors need to ensure all necessary past performance information is provided as noted above

NOTE: “Relevant past performance” is defined as janitorial/custodial services for the same or similar to those in the Statement of Work contained in this solicitation.

FAR 52.237-1 Site Visit (Apr 1984)

Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

AGAR 452.237-71 Pre-Bid/ Pre-Proposal Conference (FEB 1988)

(a) The Government is planning a pre-bid/pre-proposal conference, during which potential Offerors may obtain a better understanding of the work required.

(b) Offerors are encouraged to submit all questions in writing at least five (5) days prior to the conference. Questions will be considered at any time prior to or during the conference; however, Offerors will be asked to confirm verbal questions in writing. Subsequent to the conference, an amendment to the solicitation containing an abstract of the questions and answers, and a list of attendees, will be disseminated.

(c) In order to facilitate conference preparations, it is requested that the person named on the Standard Form 1449 of this solicitation be contacted and advised of the number of persons who will attend.

(d) The Government assumes no responsibility for any expense incurred by an Offeror prior to contract award.

(e) Offerors are cautioned that, notwithstanding any remarks or clarifications given at the conference, all terms and conditions of the solicitation remain unchanged unless they are changed by amendment to the solicitation. If the answers to conference questions, or any solicitation amendment, create ambiguities, it is the responsibility of the Offeror to seek clarification prior to submitting an offer.

(f) A Site Visit meeting will be held at:

El Rito Ranger District Office Hwy 554, Bldg. 1221

El Rito, NM 87530

Time: Begins at: 9:00am Date: 11/10/2014 Questions will be due on 11/13/2014, NLT 1:00PM (MT) Answers will be posted on 11/14/2014, NLT 1:00PM (MT) 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 following factors shall be used to evaluate offers: Price and past performance

(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.

ADDENDUM to 52.212-2 EVALUATION –COMMERCIAL ITEMS (JAN 1999)

(d) BASIS FOR CONTRACT AWARD: The basis for award will be an integrated assessment based on tradeoff between past performance and price. The Government will award the contract to the Offeror who represents the best value to the Government in terms of past performance and price.

1. PRICE:

(1) Completeness: The offer covers all requirements of the specifications/statement of work (Attachment 1 and any attachments/appendixes/exhibits), includes all pricing information required by the solicitation, and the Schedule of items is completed as required. Offeror must provide pricing for all items

(2) Reasonableness: Prices are reasonable in comparison to estimates, prior prices paid, and competition and can be supported by suitable estimating techniques. If a price is unreasonably low to realistically perform the work for the proposed price, the offer will be not considered in the competitive range and will not be considered for contract award.

(3) The low offer for evaluation purposes for award shall be the conforming responsible bidder offering the low aggregate amount for the base contract line item(s), plus the options within the funds determined by the government to be available before offers are opened.

2. PAST PERFORMANCE: Past performance assessments shall be accomplished for all offerors in the competitive range (expanded if needed). Each Offeror shall be assigned one of the following ratings:

RATING
DEFINITION
Exceptional/High Confidence
Based on the Offeror’s performance record, essentially no doubt exists that the Offeror will successfully perform the required effort.
Very Good/Significant Confidence
Based on the Offeror’s performance record, little doubt exists that the Offeror will successfully perform the required effort.
Satisfactory/Confidence
Based on the Offeror’s performance record, some doubt exists that the Offeror will successfully perform the required effort.
Neutral/Unknown Confidence
No performance record identifiable (see FAR 15.305(a)(2) (iii) and (iv)).
Marginal/Little Confidence
Based on the Offeror’s performance record, substantial doubt exists that the Offeror will successfully perform the required effort. Changes to the Offeror’s existing processes may be necessary in order to achieve contract requirements.
Unsatisfactory/No Confidence
Based on the Offeror’s performance record, extreme doubt exists that the Offeror will successfully perform the required effort.

(1) A number of past performance references provided by Offerors may be selected and investigated. The final determination of past performance ratings shall rest with the contracting officer.

(2) An Offeror with limited or no recent or relevant past performance will receive a rating of Neutral/Unknown Confidence, and will not be rated favorably or unfavorably on past performance.

(3) Past performance shall be evaluated on the basis of the following subfactors of equal

Importance:

i. Contract Performance in projects of the same size and scope ii Timeliness of Performance . iii. Quality of Service/Control

4. Past performance is more important than price.

5. The contract will be awarded to only one Offeror. The Government reserves the right to award the contract to other than the lowest priced Offeror.

52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (DEC 2012) An Offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certificates electronically via https://www.acquisition.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 (o) of this provision.

(a) Definitions. As used in this provision--

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“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.

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“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 provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The Offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov . After reviewing the ORCA database information, the Offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the Offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the Offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The Offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the Offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The Offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the Offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The Offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the Offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The Offeror represents, for general statistical purposes, that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the Offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The Offeror represents that it [_] is, [_] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the Offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The Offeror prepresents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the Offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The Offeror represents that—

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the Offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.]. The Offeror represents that it [_] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business Offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by Offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and…

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