B01. 1240BE23D0004 Final Award CO Signed.pdf

Mario M Trimble, Managing Member

1240BE23D0004 DES Janitorial Services (Miller Compound)

CONTRACT CLAUSES, TERMS, AND CONDITIONS

FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (DEC 2022) (DEVIATION 2017-1)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (JUN 2023)

(DEVIATION 2017-1, DEVIATION DEC 2022)

(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 products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91)

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L.

115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.3903 and 10 U.S.C. 3801)

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(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 products and commercial services:

☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

1240BE23D0004 DES Janitorial Services (Miller Compound)

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☐ (4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1) (Whistleblower Guidance to Contractor Employees)

☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111- 117, section 743 of Div. C).

☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

☒ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

☐ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (11) [Reserved].

☐ (12) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15

U.S.C.657a).

☐ (13) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (14) [Reserved] ☒ (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

☐ (ii) Alternate I (Mar 2020) of 52.219-6.

☐ (16) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C.

644).

☐ (ii) Alternate I (Mar 2020) of 52.219-7.

☐ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C.

637(d)(2) and (3)).(DEVIATION DEC 2022) ☐ (18) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C.

637(d)(4)).

☐ (ii) Alternate I (Nov 2016) of 52.219-9.

☐ (iii) Alternate II (Nov 2016) of 52.219-9.

☐ (iv) Alternate III (Jun 2020) of 52.219-9.

☐ (v) Alternate IV (Sep 2021) of 52.219-9.

☐ (19) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

1240BE23D0004 DES Janitorial Services (Miller Compound)

☐ (ii) Alternate I (MAR 2020) of 52.219-13 ☐ (20) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s)

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (21) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

☐ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Oct 2022) (15 U.S.C. 657f).

☒ (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of 52.219-28.

☐ (24) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C.

637(m)).

☐ (25) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

☐ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☐ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022)

(E.O.13126).

☒ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222-26.

☒ (32) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (Jul 2014) of 52.222-35.

☒ (33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

☐ (ii) Alternate I (Jul 2014) of 52.222-36.

☒ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

☒ (36) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter

78 and E.O. 13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

☐ (37) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf

1240BE23D0004 DES Janitorial Services (Miller Compound) items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

☐ (38) (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.)

☐ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (41) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Oct 2015) of 52.223-13.

☐ (42) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

☒ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

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

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

☒ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (47) 52.223-21, Foams (Jun 2016) (E.O. 13693).

☐ (48) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

☒ (49)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

☐(ii) Alternate I (Oct 2022) of 52.225-1 ☒ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC

2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law. 103-182, 108- 77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

☐(ii) Alternate I [Reserved] ☐(iii) Alternate II (Dec 2022) of 52.225-3.

☐(iv) Alternate III (Jan 2021) of 52.225-3.

☐(v) Alternate IV (Oct 2022) of 52.225-3.

☐ (51) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

1240BE23D0004 DES Janitorial Services (Miller Compound)

☒ (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

☐ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

☐ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and

Commercial Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.3805).

☐ (58) 52.232-30, Installment Payments for Commercial Products and Commercial

Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.3805).

☒ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (Oct 2018) (31 U.S.C. 3332).

☐ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

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

☐ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

☐ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

☐ (iii) Alternate II (Nov 2021) 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 products and commercial services:

☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29

U.S.C. 206 and 41 U.S.C. chapter 67).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

1240BE23D0004 DES Janitorial Services (Miller Compound)

☒ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☒ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May 2014) (41 U.S.C. chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

☒ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O.

13706).

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)

(42 U.S.C. 1792).

(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, as defined in FAR 2.101, on the date of award of this contract, 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

1240BE23D0004 DES Janitorial Services (Miller Compound)

(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 products or commercial services. 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 (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-

235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328)

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212).

1240BE23D0004 DES Janitorial Services (Miller Compound)

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter

67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C.

chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (Jan 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O.

13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the

United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun

2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors

(MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801)

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Nov 2021) (46 U.S.C. 55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

1240BE23D0004 DES Janitorial Services (Miller Compound)

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

ADDITIONAL REQUIREMENTS/TERMS AND CONDITIONS

Clauses:

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020)

FAR 52.203-16 Preventing Personal Conflicts of Interest (JUN 2020)

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

FAR 52.204-13 System for Award Management Maintenance (OCT 2018)

FAR 52.204-18 Commercial and Government Entity Code Maintenance

(AUG 2020)

FAR 52.216-18 Ordering (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through 14 September 2028.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered “issued” when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

1240BE23D0004 DES Janitorial Services (Miller Compound)

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

FAR 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $200.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $10,000.00;

(2) Any order for a combination of items in excess of $50,000; or

(3) A series of orders from the same ordering office within 3 days that together call for quantities exceeding the limitation in paragraph (b)(1) or

(2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-21 Requirements (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

https://www.acquisition.gov/far/current/html/52_216.html#wp1115057

1240BE23D0004 DES Janitorial Services (Miller Compound)

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity's requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may itself furnish within its own capabilities.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the performance of all service requirements on all orders outstanding at the end of the last ordering period of the contract.

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 10 days of contract expiration.

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

1240BE23D0004 DES Janitorial Services (Miller Compound)

(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 60 months.

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

FAR 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018)

FAR 52.232-18 Availability of Funds (APR 1984)

FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

FAR 52.245-1 Government Property (SEP 2021) Alt 1 (APR 2012)

FAR 52.245-9 Use and Charges (APR 2012)

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations |

USDA

FAR 52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://www.usda.gov/da/ocp/ppd/policies-regulations

1240BE23D0004 DES Janitorial Services (Miller Compound)

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

AGAR 452.204-70 Modification for Contract Closeout (DEVIATION JUL 2022)

Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation.

The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Contract Manager, Quality Control Representative, and Supervisor.

(b) During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 days after https://www.usda.gov/sites/default/files/documents/agar-class-deviation-contract-closeout-clause.pdf https://www.usda.gov/sites/default/files/documents/agar-class-deviation-contract-closeout-clause.pdf

1240BE23D0004 DES Janitorial Services (Miller Compound) receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

Personal Identity Verification of Contractor Employees

(a) The contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 4620-002 series.

(b) Should the results of the PIV process require the exclusion of a contractor's employee; the Contracting Officer will notify the contractor in writing.

(c) The contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 series and to maintain a list of employees eligible for a USDA LincPass required for performance of the work.

(d) The responsibility of maintaining a sufficient workforce remains with the contractor. Contractor employees may be barred by the Government from performance of work should they be found ineligible or to have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.

(e) The contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine unaccompanied physical access to a Federally-controlled facility and/or routine unaccompanied access to a Federally-controlled information system.

(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the COR, unless otherwise specified in this contract. The PIV Sponsor will be available to receive contractor identity information from * (hours and days) to * (hours and days) at * (office address for registration). The Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor's responsibility to meet all aspects of paragraphs (c), (d), and (e).

1240BE23D0004 DES Janitorial Services (Miller Compound)

DESCRIPTION OF REQUIREMENT

This requirement is for janitorial services in support of the United States Department of Agriculture (USDA) – United States Forest Service (USFS), Deschutes National Forest (DES) Miller Street Compound (MSC).

The Contractor shall provide all personnel, equipment, supplies/materials, supervision, management, tools, facilities, transportation, and other incidentals and non-personal services necessary to perform janitorial services in accordance with (IAW) this contract, Performance Work Statement (PWS), its attachments, and all federal, state, and local laws and regulations.

PERIOD OF PERFORMANCE

The period of performance for this contract shall be 1 Base Period of 12-months and 4 Option Years of 12-months each.

Period POP Start Date POP End Date Base Period 15 September 2023 14 September 2024 Option Period 1 15 September 2024 14 September 2025 Option Period 2 15 September 2025 14 September 2026 Option Period 3 15 September 2026 14 September 2027 Option Period 4 15 September 2027 14 September 2028

PLACE OF PERFORMANCE

Services shall be performed at the MSC located at 80 S.E Miller Street Bend, OR 97702. All facilities are located on a single contiguous property.

• Communications Shop (Building 2015)

• Auto Maintenance Shop (Building 2100)

• Road Crew Office (Building 2100)

• Fire Office & Training Shop (Modular 1)

• Fire Restroom (A) (Modular 2)

• Fire Restroom (B) (Building 2824)

*** Reference Attachment (2) – DES Miller Compound Vicinity Map & Attachment (3) – DES Miller Compound Modular Buildings).

1240BE23D0004 DES Janitorial Services (Miller Compound)

LIST OF ATTACHMENTS

The following attachments are made a part of the Solicitation and resultant award.

List of Attachments Attachment

No. Description Page Count

1 Performance Work Statement 25

2 MAP – DES Miller Compound Vicinity 1

3 MAP – DES Miller Compound Modular Buildings 1

4 Schedule of Items Price Sheet 1

5 SCA Wage Determination No. 2015-5565 REV20 20230727 11

ATTACHMENT (1) – PERFORMANCE WORK STATEMENT

US Department of Agriculture (USDA)

Performance Work Statement (PWS)

DES Janitorial Services (Miller Compound) Version 2.0 8/30/2023

Contents

1.0 Introduction

1.1 Background

1.2 Scope

2.0 General Information

2.1 Description of Services

2.2 Place of Performance

2.3 Period of Performance (POP)

2.4 General Facility Information

2.5 Hours of Operation

2.5.1 Government Hours of Operation

2.5.2 Contractor Hours of Operation

2.5.3 Unforeseen Closures

2.5.4 Inclement Weather Delay

2.6 Federal Observed Holidays

2.7 Contract Type

2.8 Non-Personal Services

2.9 Government & Contractor Key Personnel

2.9.1 Contracting Officer (CO)

2.9.2 Contracting Officer’s Representative (COR)

2.9.3 Alternate Contracting Officer’s Representative (ACOR)

2.9.4 Contract Manager

2.9.5 Quality Control Representative

2.9.6 Supervisory Personnel

2.10 Contract Administration & Management

2.10.1 Post Award Conference/Periodic Meetings

2.10.2 Quality Control Plan (QCP)

2.10.3 Operating Plan / Work Schedule

2.10.4 Business Relations

2.10.5 Contract Administration

2.10.6 Contract Management

2.10.7 Personnel Administration

2.10.8 Subcontract Management

2.11 Inspection and Acceptance

2.12 Changes

2.13 Invoicing

2.14 Special Qualification

2.15 Bio-based Materials

2.16 Conservation of Utilities

2.17 Definitions & Acronyms

3.0 Performance Requirements

3.1 Weekly Janitorial Services - Communication Shop, Auto Maint. Shop, Road Crew Office, Fire Restroom (A) & Fire Restroom (B)

3.2 Additional Restroom Cleaning Services – Fire Restroom (A) & Fire Restroom (B)

3.3 Interior Window Cleaning Services – Communication Shop, Auto Maint. Shop, & Road Crew Office

3.4 Exterior Window Cleaning Services – Communication Shop, Auto Maint. Shop, & Road Crew Office

3.5 Hard Surface Floor Strip & Wax Services – Communication Shop, Auto Maint. Shop, Road Crew Office, Fire Office & Training Room, Fire Restroom (A), & Fire Restroom (B)

3.6 Carpet Cleaning Services - Road Crew Office

4.0 Deliverable / Schedule

5.0 Government Furnished Property (GFP)

6.0 Contractor Furnished Property (CFP)/Material (CFM)/Equipment (CFE)

7.0 Travel

8.0 Security Requirements

8.1 Security

8.2 Identification of Contractor Employees

8.3 Conduct of Personnel

8.4 Key Control

8.5 Safety

8.6 Safety Data Sheet (SDS)

8.7 Fire Protection and Prevention

9.0 Performance Requirement Summary (PRS)

10.0 Attachment

1. Introduction This requirement is for janitorial services in support of the United States Department of Agriculture (USDA) – United States Forest Service (USFS), Deschutes National Forest (DES) Miller Street Compound (MSC).

1.1 Background

The MSC is comprised of 6 separately identified areas: Communication Shop, Auto Maintenance Shop, Road Crew Office, Fire Office & Training Room, Fire Restroom (A), & Fire Restroom (B). The buildings were constructed between 1934 – 1980 with periods of remodeling completed over the years. The facilities are located on a single contiguous property that is gravel.

The Communication Shop hosts 2 year-round employees. The building provides administrative support, radio maintenance, and houses communication equipment. The Auto Maint. Shop hosts 6 year-round employees, 2 seasonal employees, and approximately 400 visitors per year. The building supports administrative efforts offers a wide range of services that include fleet vehicle maintenance and vehicle repair. The Road Crew Office hosts 6 year-round employees, 6 seasonal employees, and approximately 30 visitors per year. The building serves as a maintenance dispatch and storage facility for road construction and material handling efforts. The Fire Building, which includes the Fire Office & Training Room, Fire Restroom (A), and Fire Restroom (B), hosts 35 year-round employees, 45 seasonal employees, and approximately 50 visitors per year. The building provides administrative support, offers training facilities, fire dispatch, and collective meeting ground.

1.2 Scope

The purpose of this service contract is to provide and maintain a clean, attractive workplace that presents a professional appearance, an appearance that enhances public relations, and continuous cleaning services year-round.

2. General Information

This section describes the general requirements for this effort. The following sub-sections provide details of various considerations on this effort.

2.1 Description of Services

The Contractor shall provide all personnel, equipment, supplies/materials, supervision, management, tools, facilities, transportation, and other incidentals and non-personal services necessary to perform janitorial services in accordance with (IAW) this Performance Work Statement (PWS), its attachments, and all federal, state, and local laws and regulations.

2.2 Place of Performance

Services shall be performed at the MSC located at 80 S.E Miller Street Bend, OR 99702.

2.3 Period of Performance (POP)

The period of performance for this contract shall be 1 Base Period of 12-months and 4 Option Years of 12-months each.

Period POP Start Date POP End Date Base Period 15 September 2023 14 September 2024 Option Period 1 15 September 2024 14 September 2025 Option Period 2 15 September 2025 14 September 2026 Option Period 3 15 September 2026 14 September 2027 Option Period 4 15 September 2027 14 September 2028

2.4 General Facility Information

The MSC is open year around with peak usage between May thru October. Services will be required throughout the year at varying levels. The level of effort required by the contractor, task(s), quantity, frequency, and period of performance shall be specified on each CLIN and Task Order.

The Communication Shop is located in building 2015. It has 2 offices which are utilized on a daily basis. It is a single level building with 5 windows, 2 doors w/ windows, 2 occupied desks, and 1 unoccupied desk. It is an estimated 1,183 square feet and is comprised of the following configuration:

The Auto Maint. Shop is located in building 2100. It has 2 offices which are occupied on a daily basis.

It is a single level building with 1 large (est.16 windows joined together) office window, 2 doors w/ windows, and 3 occupied desks. It is an estimated 974 square feet and is comprised of the following configuration:

The Road Crew Office is located in building 2100. It has 2 offices, which are occupied on a daily basis. It is a single level building with 2 medium office windows, sliding glass door, 2 doors w/ window, and 4 occupied desks. It is an estimated 931 square feet and is comprised of the following

Description – Communication Shop Square Footage

Flooring Type

1 Restroom (1 toilet, 1 sink) 30 Tile 1 Office (2 desks) 120 Tile 1 Equipment room 132 Tile 1 Hallway 339 Tile 1 Kitchen Area (microwave, counter, sink, & mini fridge) 42 Tile 1 Office/Meeting Area 529 Tile NOTE: Garage not included

Description – Auto Maint. Shop Square Footage

Flooring Type

1 Breakroom (microwave, counter, sink, table w/ chairs, & refrigerator)

272 Tile

1 Women’s Restroom (1 toilet, 1 sink) 78 Concrete 1 Men’s Restroom (2 toilets, 1 urinal, & 1 sink) 130 Concrete 1 Office (2 desks) 252 Tile 1 Office (1 desk) 176 Tile 1 Entry 66 Tile 1 Shop (Only clean sink & empty 5 large trash cans)

Description – Road Crew Office Square Footage

Flooring Type

1 Office (2 desks) 282 Carpet 1 Office (2 desks) 126 Tile 1 Meeting Room (3 desks & conference table) 365 Tile 1 Hallway 110 Tile 1 Entry 48 Concrete

The Fire Building is a group of 3 single level buildings (Fire Office & Training Room, Fire Restroom (A), and Fire Restroom (B)). It is an estimated 2,664 square feet and is comprised of the following

The above description is a general description for each building, it is not a limitation of what is to be cleaned but merely provided to support a better understanding of the requirement. The Government is not responsible for any error or variation in the square footage listed, nor will the Contractor, because of any error or variation in the square footage listed, be relieved of his/her responsibility to carry out the contract in accordance with the true intent and meaning of the specifications. There shall be no additional cost to the Government based solely on an error or variation in the square footage or other similar miscalculation. The descriptions above are the areas intended to be covered by the resultant contract.

NOTE: Space will be assigned, at the Auto Maint. Shop and Fire Restroom (B) for the storage of cleaning supplies and equipment, which will be used in the performance this contract. The Government shall not be responsible in any way for damage or loss of parts or equipment.

2.5 Hours of Operation

2.5.1 Government Hours of Operation

The Government's regular working hours are Monday through Friday from 8:00 AM to 5:00 PM, except federal holidays or when the government installation is closed due to local or national emergencies, administrative closings, or similar government directed closings.

2.5.2 Contractor Hours of Operation

The Contractor shall be responsible for conducting business after 5:00 PM and before 6:00 AM, on any day of the week Monday thru Sunday unless otherwise specified. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the government installation is not closed due to federal observed holidays (unless specified otherwise), local or national emergencies, administrative closings, or similar government directed closings.

2.5.3 Unforeseen Closures

The Contractor shall a) resume performance requirements within 24 hours services were scheduled to be performed, unless the following day is a Federal observed holiday, then performance shall

Description – Fire Office & Training Square Footage

Flooring Type

1 Office (8 desks) 867 Tile/Laminate 1 Training Room 1,037 Tile/Laminate

Description – Rest (A) Square Footage

Flooring Type

4 Restrooms (4 Toilets, 4 sinks, & 4 showers) 100 ea / 400 Tile/Laminate

Description – Rest (B) Square Footage

Flooring Type

2 Restrooms (Women’s - 2 Toilets, 2 sink, & 1 shower) / Men’s - 1 Toilet, 1 urinal, 2 sinks, & 1 shower)

180 ea / 360 Tile/Laminate resume the day following such dates, b) at CO’s discretion perform the work contractually specified over a number of immediately subsequent day(s) equal to the duration of the closure, c) at CO’s discretion forego the work and reduce payment due to the Contractor for work not performed. or d) any date mutually agreed upon between the CO and Contractor due unforeseen closure or access limitations due to local or national emergencies, administrative closings, or similar government directed closings.

2.5.4 Inclement Weather Delay

The Contractor shall notify the COR and CO within (4) four hours if unsafe weather conditions threaten or suspends continued performance. The Contractor shall resume performance when conditions are deemed safe by the Contractor, local authorities, or CO confirmation.

2.6 Federal Observed Holidays

The Contractor shall not be required to perform services on recognized Federal observed holidays.

When a federal holiday occurs on a Saturday, federal employees are normally granted the previous Friday as the holiday observance. When a federal holiday occurs on a Sunday, federal employees are normally granted the following Monday as the holiday observance. If a holiday falls on a scheduled Contractor workday, the following or proceeding workday will be used to schedule the work to be accomplished. Below is the list of recognized federal holidays:

2.7 Contract Type

The Government shall award a Firm-Fixed Price (FFP) Requirements Contract. Service quantities specified in the Schedule of Items are estimates only and are not awarded by this contract.

Performance shall be made only as authorized by Task Orders issued IAW the Ordering clause.

Subject to any limitations in the Order Limitations Clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies and/or services specified in the Schedule of Items and called for by orders issued IAW the Ordering Clause. Note: Task Orders will be issued at the rates specified in the Schedule of Items.

2.8 Non-Personal Services

This is a non-personal services contract. The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contracting Officer immediately.

2.9 Government & Contractor Key Personnel

Government Key Personnel: The following government personnel are considered key personnel:

Contracting Officer, Contracting Officer’s Representative, or Alternate Contracting Officer’s Representative. Contractor Key Personnel: The following contractor personnel are considered key personnel by the Government: Contract Manager, Quality Control Representative, and Supervisor.

Federal Holidays New Year’s Day (January) Labor Day (September) Martin Luther King Jr’s Birthday (January) Columbus Day (October) President’s Day (February) Veteran’s Day (November) Memorial Day (May) Thanksgiving Day (November) Juneteenth Day (June) Christmas Day (December) Independence Day (July)

2.9.1 Contracting Officer (CO)

The CO is the only person with the authority to: enter into, administer, and/or terminate contracts, make related determinations and findings on behalf of the government, and legally bind the government. The CO shall ensure that the contractor receives impartial, fair, and equitable treatment under this contract. The CO shall determine and document the final assessment of the contractor's performance in the government’s past performance tracking system.

2.9.2 Contracting Officer’s Representative (COR)

A COR may be designated to this contract to monitor all technical aspects and assist in contract administration. The COR may be authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communication with the Contractor concerning technical aspects of the contract;…