Combined RFQ 70FBR220Q00000087.pdf

Federal Emergency Management Agency

DR-4473-PR

RFQ #70FBR220Q00000087

Disaster Recovery Center (DRC) Janitorial Services

Notice Type:

Combined Synopsis/Solicitation

Date:

June 17, 2020

Response Date:

Saturday, June 20th , 2020 by 5:00 p.m. EST

Set-Aside: Local Area Set Aside/Total Small Business

NAICS Code:

561720 Janitorial Services

Agency/Office:

Federal Emergency Management Agency (FEMA)

Title:

Effort to establish one or more Blanket Purchase Agreements (BPA) for janitorial services at multiple FEMA Disaster Recovery Centers (DRC) located on the island of Puerto Rico.

Notice:

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation number is RFQ #70FBR220Q00000087 and is issued as a Request for Quotes (RFQ). The associated North American Industrial Classification

System (NAICS) code for this procurement is 561720, Janitorial Services.

This effort is solicited as a local area set-aside in accordance with the Robert T. Stafford and

Local Community Recovery Act of 2006 under NAICS code 561720—Janitorial Services. Per

FAR 26.202 Local Area Preference, preference shall be given, to the extent feasible and practicable, to local firms. This effort will consider potential offerors doing business in the area affected in conjunction with Presidential Disaster Declaration DR-4473-PR. Attachment #3 to this RFQ identifies the declaration area.

Description of Requirement:

The Government's intent is to award one or more Blanket Purchase Agreements (BPAs) to fulfill the requirement for janitorial services at multiple FEMA Disaster Recovery Centers. The required period of performance for these services consists of a two month base period of performance with three (3), one (1) month option periods for a total estimated period of performance of 5 months. The ceiling limit for any subsequent blanket purchase agreement is estimated to be $80,000.00. The Contractor shall furnish all labor, tools, equipment, materials, consumable items and supervision to perform janitorial services if and when requested by the

Contracting Officer during the specified period of performance and within the ceiling limits established. The Government will be obligated only to the extent of authorized call orders issued under the BPA. Individual call orders shall not exceed $40,000.00. A list of individuals authorized to make purchases under the BPA shall be furnished to the contractor by the

Contracting Officer. Due to the uncertainty of specific locations across the island where disaster recovery centers (DRC) will be established at the time of solicitation, the agency will issue requests for quotes to BPA schedule holders under competitive procedures with the intent to establish call orders for services at designated locations if and when DRCs are established. The

Government reserves the right to award multiple BPAs or award a single Blanket Purchase

Agreement (BPA) from responses received to this solicitation. A description of the required services is outlined in Attachment #1 (Statement of Work (SOW)) attached to this solicitation.

Site Visit:

The Government will allow offerors to visit the DRC sites and facilities that will require these services. Site visits will be scheduled a minimum of 24 hours in advance of the date quotes are due.

In accordance with FAR 52.237-1—Site Visit, potential offerors shall contact Bernadette Barrios

Rosario at 202-704-8910 to schedule and conduct a visit and walkthrough of the identified facilities. Site visits will be conducted beginning at 7:00 a.m. on Friday, June 19th and last until

4 p.m. on Friday, June 19th. Please note, the deadline for submitting questions after the site visit is 5 p.m. on Friday June 19th, 2020. Questions submitted after that date will not be considered.

Quote Submission Instructions:

Responses to this Request for Quote (RFQ) are due no later than 5:00 p.m., EST, on Saturday, June 20th , 2020. Questions regarding this solicitation shall be submitted to the Contracting

Officer no later than 5:00 pm, EST, on Friday, June 19, 2020. Questions received after this time and date may not be considered. Each Offeror is required to submit an electronic version of the company's quote. Quotes sent or received by U.S. Postal or courier mail to the office or physical address shall not be accepted. The electronic version of your quote shall be submitted to the

Contracting Officer, Sharon LeRoux at sharon.leroux@fema.dhs.gov

Proposal Cover Letter - Content:

All proposal submissions must include the following information in a cover letter:

a. Company’s Complete Name and Address

b. Tax Identification Number (TIN)

c. Dun & Bradstreet Number (DUNS)

d. Point of Contact Name

e. Contact email address

f. Contact telephone

g. Complete business mailing address mailto:sharon.leroux@fema.dhs.gov

Proof of Local Area Representation: (THIS INFORMATION MUST BE SUBMITTED

WITH YOUR QUOTE):

1. FAR Clause 52.226-3-(d), states:

(c) An offeror is considered to be residing or primarily doing business in the set-aside area if, during the last twelve months--

(1) The offeror had its main operating office in the area; and

(2) That office generated at least half of the offeror's gross revenues and employed at least half of the offeror's permanent employees.

The information listed in section (c) 1 and 2 must be submitted with your quote. The following information must be submitted.

2. Proof that the vendor’s main operating office is located within the disaster affected area. The Contracting Officer will look up the offeror SAM.gov registration, to determine the address listed in the SAM.gov. Please ensure that your registration is up to date.

3. That office generated at least half of the offeror’s gross revenue: A statement listing the total revenue generated within the last 12 months. How much of this revenue was generated in the disaster affected area.

4. The office employed at least half of the offeror’s permanent employees: A statement listing the names of the permanent employees employed by your main operating office. A statement confirming that at least half of the listed employees represent half of the offeror’s permanent employees.

Section (d) and (e) of that same clause states that:

(d) If the offeror does not meet the criteria in paragraph (c) of this provision, factors to be considered in determining whether an offeror resides or primarily does business in the set-aside area include:

(1) Physical location(s) of the offeror's permanent office(s) and date any office in the set-aside area(s) was established;

(2) Current state licenses;

(3) Record of past work in the set-aside area(s) (e.g., how much and for how long);

(4) Contractual history the offeror has had with subcontractors and/or suppliers in the set-aside area;

(5) Percentage of the offeror's gross revenues attributable to work performed in the set-aside area;

(6) Number of permanent employees the offeror employs in the set- aside area;

(7) Membership in local and state organizations in the set-aside area; and

(8) Other evidence that establishes the offeror resides or primarily does business in the set-aside area. For example, sole proprietorships may submit utility bills and bank statements.

(e) If the offeror represents it resides or primarily does business in the set-aside area, the offeror shall furnish documentation to support its representation if requested by the Contracting Officer.

The solicitation may require the offeror to submit with its offer documentation to support the representation.

If the information in these sections cannot be provided, the offeror shall provide as much information in section (d) (1 through 8) as possible for the Contracting Officer to make a determination that the offeror primarily does business in the disaster affected area.

In addition to the above requirements, the criteria listed below MUST BE MET at the time of submission of Offeror’s proposal package.

1. Active System for Award Management (SAM) registration in SAM.gov with “No

Exclusions”

2. Active small business NAICS registration under 561720, Janitorial Services.

3. Data Universal Numbering System (DUNS) Number.

4. No negative performance CPARS or FAPIIS reports.

5. Submission of a Contractor Responsibility – Statement of Contractor Assurance – see Attachment #4.

Basis for Award:

Award will be based on the Lowest Priced Technically Acceptable (LPTA) quote that presents the best value to the Government. Technical factors must be rated as acceptable in order to evaluate the price factor. For example, if all technical factors are rated as acceptable, price will then be evaluated. However, if one or more of the technical factors are rated as unacceptable;

the evaluation process stops and award cannot be made to that offeror. If all offerors are rated technically acceptable, award will be made to that offeror with the lowest priced technically acceptable quote. This will end the evaluation process. The Government intends to make award without discussions; however, clarifications may be necessary.

1. Evaluation Factors are as follows:

a. Total Price

b. Technical

i. Number of janitor employees currently on staff

ii. Respond to anywhere in the declared area

c. Past performance

2. Evaluation Factors and Submittal Requirements:

d. The Government will evaluate price to determine whether the offered price is fair and reasonable, realistic for work to be performed, and reflects a clear understanding of the solicitation requirements.

e. Analysis of price will be performed in accordance with FAR 13.106-3

3. Technical:

f. Number of Janitor Employees- Offeror must submit in writing the number of employees currently on staff that can provide cleaning service to a maximumof ten

(10) disaster recovery centers (DRC) simultaneously if required. The potential office spaces could range in sizes of not less than 1,000 sqft. but not greater than

14,000 sqft. (See Attachment #2 for current locations).

g. Respond to anywhere in the declared area - Offeror must submit in writing their ability to respond anywhere within the declared area (see Attachment #3 for identification of disaster declared geographical areas).

4. Past Performance - Name at least three projects completed in the last three years that are similar in size, scope, and complexity in which the company provided janitorial services. Offerors shall also identify the exact location where services were provided. List three references to include contact name and phone number.

5. Ratings:

h. Price: will be evaluated for reasonableness and completeness

i. Technical: Technical Capability will be evaluated using the technical evaluation rating criteria set forth below to determine the most qualified source from a technical standpoint.

An objective technical evaluation will be performed on each technical proposal based solely on the information furnished and not on previous knowledge or associations. The technical evaluation will result in a score of Acceptable or Unacceptable:

• Acceptable: expected to meet or exceed the requirement.

• Unacceptable: is not expected to meet the requirements

j. Past Performance will be evaluated to determine if the Past Performance listed is similar to the requirement being requested in this RFQ. The following rating will be used for Past Performance:

• Pass: Based on the offeror’s past performance record, essentially no doubt exists that the Offeror will successfully perform the required effort.

• Neutral: The offeror has no relevant past performance

• Fail: Based on the offeror’s past performance record, it is not likely that the

Offeror will successfully perform the required effort.

In addition to contacting references, the Government reserves the right to check outside sources and systems such as the Contractor Performance Assessment and Reporting System (CPARS) and the Past Performance Information Retrieval System (PPIRS).

In addition to contacting references, the Government reserves the right to check outside sources and systems such as the Contractor Performance Assessment and Reporting System (CPARS) and the Past Performance Information Retrieval System (PPIRS).

Pricing Schedule: Offeror must respond on the Pricing Worksheet.

Item Description Quantity Unit of

Issue

Estimated

Amount

0001 Janitorial Services for office spaces less than or equal to

7,857 square feet five days a week.

1 EA $

0002 Janitorial Services for office spaces greater than 1,952 square feet five days a week.

1 EA $

0003 Janitorial Services for office spaces less than or equal to

12,154 square feet five days a week

1 EA $

0004 Janitorial Services for office spaces greater than 1,822 square feet five days a week.

1 EA $

0005 Janitorial Services for office spaces less than or equal to

1,822 square feet five days a week

1 EA $

Total $0.00

(*See Attachment #2 for identification of locations.)

Solicitation Provisions

52.204-9 Personal Identity Verification of Contractor Personnel.

As prescribed in 4.1303 , insert the following clause:

Personal Identity Verification of Contractor Personnel (Jan 2011)

(a)The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-

12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information

Processing Standards Publication (FIPS PUB) Number 201.

(b)The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121839 shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1)When no longer needed for contract performance.

(2)Upon completion of the Contractor employee’s employment.

(3)Upon contract completion or termination.

(c)The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d)The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of clause)

52.222-41 SERVICE CONTRACT ACT OF 1965

Service Contract Labor Standards (May 2014)

(a) Definitions. As used in this clause—

“Contractor” when this clause is used in any subcontract, shall be deemed to refer to the subcontractor, except in the term “Government Prime Contractor.”

“Service employee” means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms are defined in Part 541 of Title 29, Code of Federal Regulations, as revised. It includes all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor and subcontractor and such persons.

(b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of 41 U.S.C. chapter 67, Service Contract Labor Standards, and regulations of the

Secretary of Labor (29 CFR Part 4). This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C. 6702, as interpreted in Subpart C of 29 CFR Part 4.

(c) Compensation.

(1) Each service employee employed in the performance of this contract by the

Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative, as specified in any wage determination attached to this contract.

(2)

(i) If a wage determination is attached to this contract, the Contractor shall classify any class of service employee which is not listed therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination) so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination.

Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph (c).

(ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit Standard Form (SF) 1444, Request For Authorization of Additional

Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement of the employees’ authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, Employment Standards

Administration, U.S. Department of Labor. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting

Officer within 30 days of receipt that additional time is necessary.

(iii) The final determination of the conformance action by the Wage and Hour

Division shall be transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken. Each affected employee shall be furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage determination.

(iv)

(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances.

Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage

Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed.

(B) In the case of a contract modification, an exercise of an option, or extension of an existing contract, or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph (c) of this clause, a new conformed wage rate and fringe benefits may be assigned to the conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average

(mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees, the Contractor shall advise the

Contracting Officer of the action taken but the other procedures in subdivision (c)(2)(ii) of this clause need not be followed.

(C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended.

(v) The wage rate and fringe benefits finally determined under this subparagraph

(c)(2) of this clause shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification. Failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour

Division retroactive to the date such class of employees commenced contract work shall be a violation of the Service Contract Labor Standards statute and this contract.

(vi) Upon discovery of failure to comply with subparagraph (c)(2) of this clause, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class or classes of employees commenced contract work.

(3) Adjustment of compensation. If the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees under this contract shall be subject to adjustment after 1 year and not less often than once every 2 years, under wage determinations issued by the Wage and Hour Division.

(d) Obligation to furnish fringe benefits. The Contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined under subparagraph (c)(2) of this clause by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent or differential cash payments, only in accordance with Subpart

D of 29 CFR Part 4.

(e) Minimum wage. In the absence of a minimum wage attachment for this contract, neither the

Contractor nor any subcontractor under this contract shall pay any person performing work under this contract (regardless of whether the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee.

(f) Successor contracts. If this contract succeeds a contract subject to the Service Contract Labor

Standards statute under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreement, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.1b(b) apply or unless the Secretary of Labor or the Secretary’s authorized representative finds, after a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in 29 CFR 4.11, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm’s length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor Contractor’s collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm’s length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the contract or subcontract, in accordance with the decision of the Administrator, the Administrative

Law Judge, or the Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract (53 Comp. Gen. 401

(1973)). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision.

(g) Notification to employees. The Contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor

(Publication WH 1313) shall be posted in a prominent and accessible place at the worksite.

Failure to comply with this requirement is a violation of 41 U.S.C. 6703 and of this contract.

(h) Safe and sanitary working conditions. The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary, hazardous, or dangerous to the health or safety of the service employees. The Contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925.

(i) Records.

(1) The Contractor and each subcontractor performing work subject to the Service

Contract Labor Standards statute shall make and maintain for 3 years from the completion of the work, and make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, Employment Standards

Administration, a record of the following:

(i) For each employee subject to the Service Contract Labor Standards statute--

(A) Name and address and social security number;

(B) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation;

(C) Daily and weekly hours worked by each employee; and

(D) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee.

(ii) For those classes of service employees not included in any wage determination attached to this contract, wage rates or fringe benefits determined by the interested parties or by the Administrator or authorized representative under the terms of paragraph (c) of this clause. A copy of the report required by subdivision (c)(2)(ii) of this clause will fulfill this requirement.

(iii) Any list of the predecessor Contractor’s employees which had been furnished to the Contractor as prescribed by paragraph (n) of this clause.

(2) The Contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division.

(3) Failure to make and maintain or to make available these records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce these records, the Contracting Officer, upon direction of the

Department of Labor and notification to the Contractor, shall take action to cause suspension of any further payment or advance of funds until the violation ceases.

(4) The Contractor shall permit authorized representatives of the Wage and Hour

Division to conduct interviews with employees at the worksite during normal working hours.

(j) Pay periods. The Contractor shall unconditionally pay to each employee subject to the

Service Contract Labor Standards statute all wages due free and clear and without subsequent deduction (except as otherwise provided by law or regulations, 29 CFR Part 4), rebate, or kickback on any account. These payments shall be made no later than one pay period following the end of the regular pay period in which the wages were earned or accrued. A pay period under this statute may not be of any duration longer than semi-monthly.

(k) Withholding of payments and termination of contract. The Contracting Officer shall withhold or cause to be withheld from the Government Prime Contractor under this or any other

Government contract with the Prime Contractor such sums as an appropriate official of the

Department of Labor requests or such sums as the Contracting Officer decides may be necessary to pay underpaid employees employed by the Contractor or subcontractor. In the event of failure to pay any employees subject to the Service Contract Labor Standards statute all or part of the wages or fringe benefits due under the Service Contract Labor Standards statute, the Contracting

Officer may, after authorization or by direction of the Department of Labor and written notification to the Contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the Contractor in default with any additional cost.

(l) Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the

Service Contract Labor Standards statute.

(m) Collective bargaining agreements applicable to service employees. If wages to be paid or fringe benefits to be furnished any service employees employed by the Government Prime

Contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Government Prime Contractor shall report such fact to the Contracting Officer, together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance such agreements shall be reported promptly after negotiation thereof.

(n) Seniority list. Not less than 10 days prior to completion of any contract being performed at a

Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a Contractor (predecessor) or successor (29 CFR 4.173), the incumbent Prime Contractor shall furnish the Contracting Officer a certified list of the names of all service employees on the Contractor’s or subcontractor’s payroll during the last month of contract performance. Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor Contractors of each such service employee. The

Contracting Officer shall turn over such list to the successor Contractor at the commencement of the succeeding contract.

(o) Rulings and interpretations. Rulings and interpretations of the Service Contract Labor

Standards statute are contained in Regulations, 29 CFR Part 4.

(p) Contractor’s certification.

(1) By entering into this contract, the Contractor (and officials thereof) certifies that neither it nor any person or firm who has a substantial interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed under 41 U.S.C. 6706.

(2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract under 41 U.S.C. 6706.

(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18

U.S.C. 1001.

(q) Variations, tolerances, and exemptions involving employment. Notwithstanding any of the provisions in paragraphs (b) through (o) of this clause, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the

Secretary of Labor, pursuant to 41 U.S.C. 6707 prior to its amendment by Pub.L.92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of

Government business:

(1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical or mental deficiency, or injury may be employed at wages lower than the minimum wage otherwise required by 41 U.S.C. 6703(1) without diminishing any fringe benefits or cash payments in lieu thereof required under section 41 U.S.C. 6703(2), in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners, persons with disabilities, and disabled clients of work centers under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR Parts 520, 521, 524, and 525).

(2) The Administrator will issue certificates under the statute for the employment of apprentices, student-learners, persons with disabilities, or disabled clients of work centers not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two statutes, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR Parts 520, 521, 524, and

525).

(3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in 29 CFR Parts 525 and 528.

(r) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Office of Apprenticeship Training, Employer, and Labor Services

(OATELS), U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman’s rate contained in the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program.

(s) Tips. An employee engaged in an occupation in which the employee customarily and regularly receives more than $30 a month in tips may have the amount of these tips credited by the employer against the minimum wage required by 41 U.S.C. 6703(1), in accordance with section 3(m) of the Fair Labor Standards Act and Regulations, 29 CFR Part 531. However, the amount of credit shall not exceed $1.34 per hour beginning January 1, 1981. To use this provision --

(1) The employer must inform tipped employees about this tip credit allowance before the credit is utilized;

(2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received);

(3) The employer must be able to show by records that the employee receives at least the applicable Service Contract Labor Standards minimum wage through the combination of direct wages and tip credit; and

(4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of 41 U.S.C. 6707(c).

(t) Disputes concerning labor standards. The U.S. Department of Labor has set forth in 29 CFR

Parts 4, 6, and 8 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. Disputes within the meaning of this clause include disputes between the Contractor

(or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

(End of Clause)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES. MAY2014

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 5332.

The following Wage Determinations apply to these services: These wage determinations can be found at https://beta.sam.gov/

Number Revision # Last Revised Date

2015-5701 11 12/23/2019

2015-5702 12 12/23/2019

2015-5703 11 12/23/2019

2015-5704 12 12/23/2019

2015-5705 10 12/23/2019

2015-5706 11 12/23/2019

2015-5711 11 12/23/2019

2015-5712 12 12/23/2019

2015-5713 11 12/23/2019

2015-5714 12 12/23/2019

2015-5695 11 12/23/2019

2015-5696 12 12/23/2019

2015-5697 11 12/23/2019

2015-5698 12 12/23/2019

(End of provision) https://beta.sam.gov/

52.224-1 Privacy Act Notification.

As prescribed in 24.104 , insert the following clause in solicitations and contracts, when the design, development, or operation of a system of records on individuals is required to accomplish an agency function:

Privacy Act Notification (Apr 1984)

The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of1974, Public Law93-579, December 31,1974 (5 U.S.C.552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

(End of clause)

52.224-2 Privacy Act.

As prescribed in 24.104 , insert the following clause in solicitations and contracts, when the design, development, or operation of a system of records on individuals is required to accomplish an agency function:

Privacy Act (Apr 1984)

(a)The Contractor agrees to-

(1)Comply with the Privacy Act of1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies-

(i)The systems of records; and

(ii)The design, development, or operation work that the contractor is to perform;

(2)Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and

(3)Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

(b)In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a https://www.acquisition.gov/content/part-24-protection-privacy-and-freedom-information#i1094058 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-24-protection-privacy-and-freedom-information#i1094058 system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

(c)

(1)“Operation of a system of records,” as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

(2)“Record,” as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

(3)“System of records on individuals,” as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

(End of clause)

52.226-3, Disaster or Emergency Area Representation

Disaster or Emergency Area Representation (Nov 2007)

(a) Set-aside area. The area covered in this contract is: The Commonwealth of Puerto Rico as identified by the map in Attachment #1 that shows designated areas under Presidential Disaster

Declaration DR-4473-PR as of March 11, 2020.

(b) Representations. The offeror represents that it [ ] does [ ] does not reside or primarily do business in the set-aside area.

(c) An offeror is considered to be residing or primarily doing business in the set-aside area if, during the last twelve months—

(1) The offeror had its main operating office in the area; and

(2) That office generated at least half of the offeror's gross revenues and employed at least half of the offeror's permanent employees.

(d) If the offeror does not meet the criteria in paragraph (c) of this provision, factors to be considered in determining whether an offeror resides or primarily does business in the set-aside area include—

(1) Physical location(s) of the offeror's permanent office(s) and date any office in the set-aside area(s) was established;

(2) Current state licenses;

(3) Record of past work in the set-aside area(s) (e.g., how much and for how long);

(4) Contractual history the offeror has had with subcontractors and/or suppliers in the set-aside area;

(5) Percentage of the offeror's gross revenues attributable to work performed in the set-aside area;

(6) Number of permanent employees the offeror employs in the set-aside area;

(7) Membership in local and state organizations in the set-aside area; and

(8) Other evidence that establishes the offeror resides or primarily does business in the set-aside area. For example, sole proprietorships may submit utility bills and bank statements.

(e) If the offeror represents it resides or primarily does business in the set-aside area, the offeror shall furnish documentation to support its representation if requested by the Contracting Officer.

The solicitation may require the offeror to submit with its offer documentation to support the representation.

52.226-4, Notice of Disaster or Emergency Area Set-aside

Notice of Disaster or Emergency Area Set-Aside (Nov 2007)

(a) Set-aside area. Offers are solicited only from businesses residing or primarily doing business in the Commonwealth of Puerto Rico and as identified by the map in

Attachment #3 that shows designated areas under Presidential Disaster Declaration DR-

4473-PR as of March 11, 2020 . Offers received from other businesses shall not be considered.

(b) This set-aside is in addition to any small business set-aside contained in this contract.

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

(a) Definitions. The definitions of the following terms used in this clause are found in the Small

Business Administration regulations at 13 CFR 125.6(e): cost of the contract, cost of contract performance incurred for personnel, cost of manufacturing, cost of materials, personnel, and subcontracting.

(b) The Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the Contractor or employees of other businesses residing or primarily doing business in the clause at FAR 52.226-4, Notice of Disaster or Emergency Area Set-Aside;

(2) Supplies (other than procurement from a non-manufacturer of such supplies). The

Contractor or employees of other businesses residing or primarily doing business in the set-aside area shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials;

(3) General construction. The Contractor will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees or employees of other businesses residing or primarily doing business in the set-aside area; or

(4) Construction by special trade Contractors. The Contractor will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees or employees of other businesses residing or primarily doing business in the set-aside area.

52.202-1 Definitions.

DEFINITIONS (NOV 2013)

When a solicitation provision or contract clause uses a word or term that is defined in the

Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in in effect at the time the solicitation was issued, unless—

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

52.217-7 Option to Increase Quantity (MAR 1989)

52.217-8 Option to Extend Services (Nov 1999)

As prescribed in 17.208(f), insert a clause substantially the same as the following:

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 5 days prior to the end of the contract.

(End of clause)

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

As prescribed in 17.208(g), insert a clause substantially the same as the following:

Option to Extend the Term of the Contract (Mar 2000)

(a)The Government may extend the term of this contract by written notice to the Contractor within the limits and at the pricing/costs specified in the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 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 twelve (12) months.

(End of clause)

52.212-4 Contract Terms and Conditions - Commercial Items. (JAN 2017)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive

Orders—Commercial Items (MAR 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-

77 and 108-78 (19 U.S.C. 3805 note)).

https://www.acquisition.gov/content/part-17-special-contracting-methods#i1103156 https://www.acquisition.gov/content/part-17-special-contracting-methods#i1103156…