COMMERCIAL_ITEMS.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 35

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

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

DATE

AG-9A40-S-11-0026

DATE

07/20/2011

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

7. FOR SOLICITATION Mary Cantrell calls) (559) 297-0706 LOCAL TIME

INFORMATION CALL: Ext. 4890 08/22/2011- 1:00 pm

9. ISSUED BY CODE 10. THIS ACQUISITON IS

USDA Forest Service UNRESTRICTED OR SET ASIDE: 100 % FOR

Southern California Service Area SMALL BUSINESS EMERGING SMALL

BUSINESS

1600 Tollhouse Road

Clovis, CA 93611

HUBZONE SMALL

NAICS: 561720 BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: $15.0 million OWNED SMALL BUSINESS

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)

13b. RATING

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

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.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLEVELAND NATIONAL FOREST

JANITORIAL SERVICES

Complete and return this page along with Page 2 and pages 25-35 along with a Description of your technical capability (See Page 23, Evaluation) to the address In Block 9 or fax to (559) 294-4833. E-mailed quotations will NOT be accepted.

DUNS # _______________________________(REQUIRED)

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

See Page 2

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

COMMERCIAL ITEMS AG-9A40-S-11-0026

Janitorial Services – Supervisor’s Office San Bernardino National Forest

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

1.

2.

3.

4.

5.

BASE YEAR JANITORIAL (10/01/11 – 09/30/12)

OPTION YEAR 1 JANITORIAL (10/01/12 – 09/30/13)

OPTION YEAR 2 JANITORIAL (10/01/13 – 09/30/14)

OPTION YEAR 3 JANITORIAL (10/01/14 – 09/30/15)

OPTION YEAR 4 JANITORIAL (10/01/15 – 09/30/16)

TOTAL =

Mo.

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 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

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 45 days after previous term; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 14 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 five years.

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (JUN 2010)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine

Janitorial Services – Supervisor’s Office San Bernardino National Forest restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting

Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or

52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United

States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act

(31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate

EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the

Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public

Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting

Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the

Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-

Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly

American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to

Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial

Janitorial Services – Supervisor’s Office San Bernardino National Forest registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete.

Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to

(A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims).

Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—

Commercial Items (MAY 2011)

(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)).

___Alternate I (Aug 2007) of 52.222-50 (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:

[Contracting Officer check as appropriate.]

_X_ (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) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1

(41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

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

Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

_X_ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

__ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (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).

__ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).

__ (9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (10) [Reserved]

_X_ (11)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (12)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

_X_ (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (14)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Jul 2010) of 52.219-9.

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

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

__ (17)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns

(OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (18) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting

(Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (19) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000)

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

__ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004)

(15 U.S.C. 657 f).

_X_ (21) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

__ (22) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business

(EDWOSB) Concerns (Apr 2011).

__ (23) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011).

_X_ (24) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (25) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

_X_ (26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (27) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (28) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

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

_X_ (30) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

_X_ (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

_X_ (32) 52.222-54, Employment Eligibility Verification (JAN 2009). (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_ (33)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008)

(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (35)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products

(DEC 2007) (E.O. 13423).

__ (ii) Alternate I (DEC 2007) of 52.223-16.

_X_ (36) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (SEP 2010) (E.O. 13513).

__ (37) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (38)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-

10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (39) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (40) 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).

__ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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

__ (43) 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)).

__ (44) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (45) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003)

(31 U.S.C. 3332).

__ (46) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999)

(31 U.S.C. 3332).

__ (47) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (48) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (49)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_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) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (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) (41 351, et seq.).

__ (6) 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.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the

Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (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 (JAN 2009).

(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.

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

STATEMENT OF WORK

Custodial Services

SBNF – Supervisor’s Office

PART I – GENERAL

1.01 Scope - The Contractor shall furnish all necessary labor, supervision, materials, equipment, cleaning and paper supplies to satisfactorily perform custodial services consisting of routine and periodic janitorial work for an office environment as described herein at the San Bernardino National Forest, Supervisor’s Office, located at 602 Tippecanoe Avenue, San Bernardino, CA 92048.

1.02 Building Areas – The Government occupied space consist of approximately:

Main Building -- 54,932 Square Foot. Total Usable Space (excluding storage rooms).

49,169 S.F. Carpeted. 838 S.F., Linoleum 1,079 S.F., Vinyl Composition Tile 1609 S.F., Textured Concrete 675 S.F. Concrete landings and stairs 1562 S.F. Porcelain Tile

Warehouse Building – 771 Square Foot. Main Entrance & Restrooms only

195 __ S.F. is Carpeted 576 S.F., Vinyl Composition Tile

NOTE: The Government will not be responsible for any error or variation in the square footage listed above nor will Contractor, because of an error or variation in footage listed, be relieved of his responsibility to carry out the contract in accordance with the true intent and meaning of the specifications without additional cost the Government.

1.03 Submittals – Contractor shall submit to the COR for approval:

A. Work Schedule of work to be performed for both basic and periodic services.

B. List of materials and supplies.

C. Material Safety Data Sheets (MSDS) of all chemicals and supplies to be used for the performance of this contract.

1.04 Contractor's Responsibility -

A. Project Manager -The Contractor shall submit in writing to the COR, prior to start date of Contract, the name and qualifications of the person(s) designated to be the Project Manager. The Project Manager shall have full authority to act on behalf of the Contractor on all contract matters relating the daily operations, and performance of the work to meet contract standards. This individual shall be available to meet with COR to discuss immediate problem areas and should be able to accept Work Orders and Notices of Non-compliance.

B. Employees -The contractor shall provide personnel in adequate numbers and with qualifications, training, certification, license, to perform all requirements of this Contract. Contractor employees shall not pose an actual or potential threat or risk to security of mission of the San Bernardino National Forest or to the health and safety of their workforce.

The Contractor shall be responsible for maintaining satisfactory standards of employees' safety, competency, conduct, appearance and integrity, and shall be responsible for taking such disciplinary action with respect to employees as may be necessary. Contractor employees shall comply with instructions pertaining to conduct, building, and security regulations issued by duly appointed officials, such as the Building Manger, contract inspector, And COR etc

All work under this contract shall be performed in a skillful and competent manner. The Contractor shall prohibit his employees from disturbing papers on the desks, opening desk drawers or cabinets, or using telephone or office equipment provided for official Government use. This includes using or disturbing personal items in office areas, such as desk accessories, radios, plants and food. The Contracting Officer may in writing, require the Contractor to remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable, or for theft, possession and/or removal of materials, supplies, equipment or any Government owned/furnished property.

C. Lost and Found Property - The Contractor shall ensure that all items of personal or monetary value found by the Contractor's employees shall be turned in to the COR.

D. Protection of Facilities - The Contractor shall at all times exercise due diligence in the protection of the assigned facilities against damage or destruction by fire or other causes. Contractor shall maintain good housekeeping of area around the Government owned facility.

E. Circumstances to be Reported - Contactor shall assure that personnel report fires, hazardous conditions, and items in need of repair, i.e., flickering or non-operating lights, leaky faucets, toilet stoppage, damaged or unusual soiling of an area which may affect the performance of the work. This includes any unhealthful or hazardous conditions or any delay or interference with the work caused by Government employees. The Contractor shall make such reports immediately upon discovery to the COR.

1.05 Utilities - Electrical power, water, refuse service and sanitary facilities will be available for Contractor to use for the purpose of performing work under this contract.

1. Conservation of Utilities - The Contactor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions, which preclude the waste of utilities, which shall include:

a. Lights - Shall be used only in areas where and at times when work is actually being performed. Upon completion of services, lights shall be turned OFF.

b. Mechanical - The Contractor's employees shall not adjust mechanical equipment controls for heating, ventilation, and air conditioning system.

c. Water - Water faucets or valves shall be turned OFF after required usage has been accomplished.

1.06 Government Furnished Items - Government furnished materials and equipment is to be used for the performance of this Contract Contractor is prohibited from removing Government furnished materials from site.

A. Dispensers - The Government will furnish adequate towel, soap, toilet paper and toilet seat cover dispensers. The Government reserves the right to change type of dispensers and/or install additional dispensers deemed necessary to assure adequate supply in all areas under this Contract. Contactor shall fill above dispensers at no additional cost to the Government.

B. Carpet Tiles - The Government will furnish carpet tiles. Contractor shall remove and replace soiled carpet tiles as a last resort and only after it has been determined by the COR and Contractor that stains cannot be removed by any other cleaning method used.

C. Refuse and Recycling Services - Refuse services will be provided by the Government under an existing contract. The Contractor shall utilize the dumpster-type refuse containers located in close proximity to the contractors work areas for disposing of refuse including boxes, etc. All paper shall be dispose of in containers marked "Recycling".

D. Janitor’s storage room – Storage room with utility sink will be made available to the Contractor.

Janitor’s storage room furnished to the contractor may be used by the contractor during the term of the Contract, but shall be returned at the termination in the same condition as existed at the time of entering into this contract, reasonable wear and tear expected. Alteration of this area will not be allowed without written approval from the COR. All supplies and equipment shall be neatly orderly, and safely stored.

Janitorial closet are included in cleaning services and will be inspected for performance by the COR.

1.07 Key /Badge Control – The Contractor shall establish and implement method of ensuring that all keys & badges issued to the Contactor by the Government are not lost or misplaced and are not used by unauthorized persons. No key issued to the Contractor by the Government shall be duplicated.

The Contractor shall report the occurrences of a lost or duplicated key immediately to the COR but no later than the next duty day.

1.08 Operational Hours – The work area will be available for Contract work between 4:30 PM and 10:30 PM, Monday through Friday, except for Federal Holidays. No vacuuming in work areas shall take place until after 5:30 PM.

1.09 Recognized Holidays – The Contractor is not required to provide services on the following days:

New Year’s Days January 1 Martin Luther King Jr., Birthday Third Monday in January Washington’s Birthday Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

PART II – SUPPLIES, MATERIALS, TOOLS AND EQUIPMENT

2.01 Supplies, Materials, Tools and Equipment - The Contractor shall furnish all supplies, materials, tools and equipment necessary to perform the custodial services specified herein unless other wise noted under Sec. 1.06 Government Furnished Items. A two-week supply of expendable items and an adequate supply of all others shall be available at all times.

2.02 Cleaning and Supplies – Provided by the Contractor and used for the performance of tasks under this contract shall:

A. Meet State and Federal Environmental Protection Agency (EPA) approval, and shall be kept in an orderly and safe manner in cabinets or shelves designated for that purpose.

B. Be identifiable at all times by preserving the original label or stencil as to the contents, and the manufacturer and/or brand on the bulk container or package.

2.03 Materials – Provided by the Contractor shall meet or exceed the quality of the items indicated by the following Federal Specification:

A. Trash Can Liners –Shall be polyethylene, 3 mil minimum.

B. Toilet Tissue – Fed. Spec., UU-P-556 C. Paper Hand Towel – Fed. Spec., UU-T-591 D. Liquid Soap – Fed. Spec., P-S-624 E. Urinal Deodorant – Fed. Spec., P-D-215, with rubber/plastic stopper

2.04 Tools and Equipment - Contractor shall furnish all specialized equipment and tools necessary for the performance of this contract. Equipment and tools shall have bumpers and guards to prevent making or scratching of fixtures, furnishings, or building surfaces. Power-driven heavy-duty industrial type equipment shall be mechanically sound, safe to operate, and in a condition so as not to harm or excessively wear existing finishes. All electrical equipment used for the performance of this work shall meet OSHA safety requirements and shall be UL approved. Equipment not meeting these criteria shall be replaced with approved equipment upon request of the COR.

PART III – EXECUTION

3.01 Basic Cleaning Services –Basic Cleaning services consists of routine janitorial work as listed below and shall be performed in accordance with all the current Local Municipal, State and Federal Regulations. For frequency of specific tasks refer to APPENDIX I, “Custodial Service Frequency Chart”. For each task below and acceptance of work Contractor shall leave article or areas spotless, dry, and gleaming bright without stains, dirt, residue, streak or smears.

A. Cleaning Floors (Sweep, Vacuum, Mop) - All floor surfaces included in the contract shall receive cleaning and maintenance. Easily moved items weighing less than 40# and that may interfere with floor cleaning and maintenance maybe tipped or moved to gain access. After cleaning, all items shall be replaced to their original location.

1. Vacuum Floors (RS1) -Carpets shall be vacuumed by commercial, electric vacuum cleaner incorporating brushing or beating action. Carpet shall be vacuumed sufficiently and spot cleaned to leave a clean carpet, free of dirt, trash, litter, cobwebs, unspecified residue and stains, including the corners and edges, at the completion of each basic service. Contractor shall perform spot clean of carpet with a COR approved cleaning product. Spot cleaning shall be done to remove dirt, grease and other stains to maintain a uniform clean carpet. The Contractor shall perform spot cleaning of carpets on same day as observed. Or notify COR if tiles need to be replaced.

2. Sweep Floors (RS2) – Floor surfaces shall be swept, and/or dust mopped so as to present a clean and orderly appearance with no loose dirt, including corners, edges and places inaccessible to the mop. Surface accumulation of hardened dirt that cannot be loosened by other means including washing, shall be scraped.

3. Mop Floors (RS3) -Floors shall be swept before mopping. There shall be no splash marks or mop streaks on furniture, walls baseboards, or mop strands remaining in the area. All restroom and lunch/break room floors shall be germicide mopped. Mop used for restroom floor shall be kept separate and shall never be used to mop other work areas.

B. Removal of Trash (RS4a) - All waste containers, shall be emptied and returned to their initial location. All waste containers will be lined with plastic bag. When ever the liner is torn or soiled, it shall be replaced as needed. Soiled waste containers shall be cleaned. Miscellaneous trash such as shipping boxes, supply wrappings, packing, and etc., may be too large to fit in to the waste baskets. They shall be placed near the waste cans and marked “TRASH” by the employees to alert the Contractor that it is designated for removal.

C. Recycle Paper Removal (RS4b) -Designated waste containers marked "RECYCLING" shall be emptied and returned to their original location. Contractor shall use the recycle dumpster service provided by the Government. Containers shall be emptied at frequencies shown on Appendix I or sooner if containers are full prior to the next scheduled time.

D. Clean Glass/Mirrors (RS5) – Includes all translucent portions of partitions, walls, interior and exterior doors, display cases, directory boards, draft shield on windows, mirrors and adjacent trim. After cleaning, there shall be no traces of film, dirt smudges, water, or other foreign matter. When this task is performed in Restroom & Lunch/Break room areas Contractor shall use disinfectant/germicide detergent.

E. Drinking Fountains (RS6) – Disinfect and polish metal surfaces including the orifices and drains.

Drinking fountain cabinet’s sides and adjacent walls surfaces shall be wiped clean each service.

Descaling of drinking fountains shall be done in accordance with Task RS10.

F. Clean & Disinfect Fixtures (RS7) – Water closets and seats, urinals receptacles, lavatories, janitors sinks, showers and all exposed plumbing and restroom accessories including chrome and metal surfaces shall be cleaned with a disinfectant & germicide detergent. Water closets and urinals shall be scrubbed clean as far into the trap as possible and under the inside rim. Urinal with water table below the bowl shall be supplied with a screen and a deodorant cake. Work also includes the disinfecting and germicide detergent cleaning of kitchen sinks and all exposed plumbing of lunchrooms. To include, kitchen sinks, chrome and metal surfaces and lunchroom counter tops.

G. Restock Dispensers, Paper & Soap (RS8) – Restrooms shall be stocked with toilet paper, paper towels, and toilet seat covers, sanitary napkin bags, liquid soap and deodorizers. Additional toilet paper and paper towels shall be placed in the area to ensure an adequate supply is available for weekend use and/or during heavy use of training room facilities. Lunch/break and workout rooms shall be stocked with paper towels and liquid soap.

NOTE: The Contractor shall service the toilet room to maximum capacity during the afternoon of last day of the contract period. Dispenser stock of paper supplies and hand soap remaining at the termination of the last official day shall not be removed.

H. Spot Cleaning (RS9)– Remove smudges, fingerprints, marks, and streaks from washable surfaces of walls, partitions, interior and exterior full and partial glass doors, tables, system furniture, floors, trim woodwork furniture, waste receptacles, restroom accessories, hand rails stair rails, and fixtures.

Germicidal detergent shall be used in restrooms, lunch/break rooms, drinking fountains and entrance lobby areas.