Combined Synopsis Sioux.pdf
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- Solicitation number
- 1240LN23Q0017
- Issued by
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Department of Agriculture Forest Service
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Solicitation Number: 1240LN23Q0017 Sioux Ranger District Janitorial
2023 Sioux Ranger District
Janitorial Contract
USDA – FOREST SERVICE – REGION ONE SIOUX RANGER DISTRICT
CUSTER-GALLATIN NATIONAL FOREST
HARDING COUNTY, SOUTH DAKOTA
Solicitation Issue Date: February 21st, 2023.
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation, 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.
Method of Solicitation: Request for Quotation (RFQ).
The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-01.
Set Aside: This procurement is set aside for 100% Small business. The NAICS code is 561720, Janitorial Services, and the Small Business Size Standard is ($19.5).
Provide Quote By: 5:00 PM. Mountain Standard Time on March 7th, 2023.
DOCUMENTS TO RETURN:
The following documents shall be submitted by the offeror for evaluation to be considered responsive:
□ Schedule of Items
□ Experience Questionnaire or a document demonstrating recent and relevant experience in respect to the size and scope of this particular project.
□ Quality Control Plan and Biobased Plan – see page 3 and page 10.
□ Annual Representations & Certifications – see section below starting on Page 21.
□ Acknowledge Amendments if applicable (per the instructions in Block 11 on the SF-30).
E-Mail quote to: Forest Service, Attn: Rachel Branson E-mail: Rachel.branson@usda.gov
For solicitation questions call or email Rachel Branson at (406) 499-1506 rachel.branson@gmail.com mailto:Rachel.branson@usda.gov mailto:rachel.branson@gmail.com
Schedule of Items
OFFICE JANITORIAL SERVICES
Sioux Ranger District
Camp Crook, SD
Item Supplies/Services Qty Unit Unit Price Total Base Price
001 Janitorial Services Base Period 04/01/2023 – 03/31/2024 12 Month
002 Janitorial Services Option Year 1 04/01/2024 – 03/31/2025 12 Month
003 Janitorial Services Option Year 2 04/01/2025– 03/31/2026 12 Month
004 Janitorial Services Option Year 3 04/01/2026 – 03/31/2027 12 Month
005 Janitorial Services Option Year 4 04/01/2027 – 03/31/2028 12 Month
52.217-8 Option to Extend Services (Nov 1999) NTE 6
Months Total 6 Month
Total Base + All Option Years
Please note that pricing for line item 006 is the price monthly, NTE 6 months, that would be used should the government exercise optional periods under the clause 52.217-8.
Price quotation furnished by:
Name: _____________________________________Phone: (______) _______-_____________
Address: ___________________________________Email: ______________________________
___________________________________________UEI: _______________________________
STATEMENT OF WORK
SCOPE
The service in this contract will consist of all jobs necessary to maintain the premises, furniture, and fixtures in a clean and sanitary condition and a quality consistent with that normally expected in buildings subjected to considerable public use.
The Contractor shall be responsible for the orderliness and cleanliness in areas used for offices and storage including the break room area. All areas shall be kept clean, neat, and free of fire and safety hazards and unsanitary conditions.
PLACE OF PERFORMANCE
The janitorial services are required for the Sioux Ranger District Office, 101 SE 1st Street, Camp
Crook, SD 57724. The Office is a single story building and is utilized by both Forest Service and Bureau of Land Management employees. The office area to be maintained consists of approximately 4,800 square feet which is divided into twelve (12) rooms {including the two (2) restrooms and one (1) breakroom}, front and back entry ways, one (1) hallway, and a common area with (6) individual office cubicles. The entire area is covered by carpet with the exception of the restrooms and front and back entry ways, which are covered by ceramic tile; the mechanic room, which is concrete; the break room, which is covered by linoleum; and the IT/Communications room, which is covered by anti-static linoleum.
PERFORMANCE BASED SERVICE CONTRACT
This work is being solicited as performance based, commericial item contract. Performance based means the Contractor is responsible for an end product. If an end product is not provided, an adjustment to the payment will be made. A commercial item contract streamlines the terms and conditions to resemble those already used in the everyday marketplace.
QUALITY CONTROL
The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to ensure contract standards are met.
Records of quality inspections shall be kept and made available to the Government throughout the performance period and for the period after contract completion until final settlement of any claims under this contract.
A description of the site specific quality control inspection plan shall be provided within thirty
(30) days of contract award. The plan shall include control procedures for security of Government-provided items such as keys, lock combinations; location of the inspection documents; corrective or preventive actions that will be taken to meet quality standards; and a customer comments feedback system.
BUILDING SECURITY
The Contractor shall be responsible for safeguarding all Government property. At the end of each work period, all Government facilities, equipment, and materials shall be secured.
The Contractor shall double check all doors at the end of each service visit. Lights shall be turned off.
The Contractor shall prohibit the use of keys and codes issued by the Government by any persons other than the contract employees. The Contractor shall not duplicate any keys issued by the Government and shall immediately report to the Contracting Officer any occurrences of lost or duplicated keys. In the event keys are lost or duplicated, the Contractor may be required to re-key or replace the affected lock(s) or perform re-keying. Cost of such work shall be deducted from the Contractor’s payment.
SAFETY
The Contractor will be responsible for conducting appropriate safety measures. No one under the age of 18 is allowed on the worksite due to safety reasons.
SUPERVISION AND QUALIFICATIONS
A background check may be required on the Contractor and any employee(s) prior to award.
Upon request, a social security number shall be provided to the Contracting Officer.
The Contractor must provide security sufficient to prevent illegal entry into or loitering on the premises; to prevent loss by pilferage or theft; and to admit to the space during off-duty hours only those who are authorized to enter.
GOVERNMENT FURNISHED PROPERTY
o Keys, or locks necessary for access to areas requiring work under this contract NOTE—Only the Contractor and COR will have keys to the Janitorial Room o Waste receptacles o Large and Small plastic garbage bags o Lockable storage space for cleaning supplies and equipment, accessible by COR and Contractor o Toilet paper o Paper towels for the paper towel holders in the restrooms and break room
Not for general cleaning purposes, which will be provided by the contractor o Koala Bear Changing Table Liners in Women’s Bathroom o Light bulbs for the office lights o Antibacterial hand soap for restrooms and break room o Air freshner for restrooms o General Purpose Staticide for IT/Communication anti-static flooring o Wax and wax remover for linoleum floors o Ladder, 10’, to access light fixtures and windows.
o Utilities o Room Fan Dusting head (initial) and long handle
(Replacement pads will be provided by the contractor) o Window Washing head (initial) and long handle
(Relacement head will be provided by the contractor).
o At the option of Government, any other items necessary to perfom the services required under this contract
**NOTE: The Contractor shall notify the Government when Government furnished supplies are within two weeks of depletion. No supplies provided by the Government will be issued out by the contractor without the COR’s direction to do so.
CONTRACTOR FURNISHED PROPERTY/SUPPLIES
Contractor will provide any other cleaning supplies needed including, but not limited to, window, floor, and toilet cleaner, broom, dust pan, mop/bucket, rags, vacuum cleaner with bags, rug cleaner with cleaning solution and any other cleaning supplies they may need to complete the services requested in this contract.
**NOTE: The Sioux RD owns a few of the items listed above the contracor is welcome to use;
however, if and when they break, are used up, or worn out, the contractor must then provide their own.
TECHNICAL SPECIFICATONS
Janitorial Services for the Sioux Ranger District Office shall be performed, per the following guidelines:
April 1st, 2023, through March 31st, 2024 – two times per week after the hours of 5:30 p.m. on Tuesday and Thursday. Times are flexible as circumstances arise.
On evenings when meetings are held in the building, cleaning will need to be accomplished before or after the meeting. A schedule of meetings will be furnished to the Contractor.
FREQUENCY OF SERVICE.
Cleaning shall be done twice a week. Work day shall be agreed upon and approved by the
Contracting Officer’s Representative (COR). Annual and Bi-Annual services shall be scheduled with the COR and performed when such cleaning is most beneficial.
WORK SCHEDULE
1. Weekly
a. Empty contents of wastebaskets and refuse containers into containers provided.
b. Remove finger marks and smudges from wall, woodwork, and glass surfaces.
c. Sweep all hard floors and vacuum all carpeted floors to the extent necessary to remove rocks, dust, and litter.
d. Dust and wash all visible surfaces of furniture in general work areas used by all employees and the receptionist counter, fixtures, equipment, windowsills, moldings, breakroom, conference room tables, doors, and handles.
e. Damp mop all waxed floors using neutral cleaner to remove dirt without disturbing waxed surfaces. No all-in-one wax/cleaner solution will be used. This causes a wax build-up on the surfaces of the floors.
f. Wash and disinfect sinks, mirrors (to be spot free), and toilets. Wipe toilet paper holder, paper towel holder, and other dispensers.
g. Maintain adequate supplies of toilet paper, paper towels, and soap in restrooms and break room.
h. Clean kitchenette area (washing dishes not included).
i. Remove black heel and other marks from floors to maintain them in a presentable condition.
j. Maintain the Janitorial Room in a clean and organized manner as to prevent mold and mildew.
k. Replace light bulbs when they burn out.
2. Monthly
a. Damp mop the IT/Communications room with anti-static general purpose
Staticide (provided by the Government).
3. Bi-Annually
a. Wash light fixtures and damp wipe fluorescent tubes.
b. Wash Inside and Outside windows.
c. Dust mini blinds
d. Lift dust grates in front and back entry way floors and clean under them
4. Annually
a. Shampoo carpeted areas and dust-mats in the month of August. The Contractor will notify the COR at least a week in advance prior to cleaning.
1. Contractor is not responsible for moving heavy items that are not on rollers such as desks, tables, bookcases; or boxes/items (files, etc.)
left by employees by their work areas that they have not picked up/removed prior to cleaning carpets. All items on rollers will be moved and cleaned under by the contractor.
b. Remove old wax from all floors (with exception of the IT/Communications room which has anti-static flooring). The COR will evaluate when floor will need to be stripped, at which time the Government will provide the proper cleaning supplies for this floor only). Re-apply slip-resistant wax (provided by the Government) recommended for use on the particular flooring, beginning with initial service.
QUALITY ASSURANCE SURVEILLANCE PLAN FOR CUSTODIAL SERVICES
This Quality Assurance Surveillance Plan (QASP) has been developed to evaluate contractor actions while implementing this Statement of Work. It is designed to provide an effective surveillance method of monitoring contractor performance for each listed objective on the Service Delivery Summary (SOS) in the maintenance contract.
The QASP provides a systematic method to evaluate the services the contractor is required to furnish.
This QASP is based on the premise the government desires to maintain a quality standard in the custodial functions needed for their facilities and that a janitorial service contract to provide these services is the best means of achieving that objective. The contractor, and not the government, is responsible for management and quality control actions to meet the terms of the contract. The role of the government in quality assurance to ensure contract standards are achieved.
In this contract the quality control program is the driver for product quality. The contractor is required to develop a comprehensive program of inspections and monitoring actions.
The first major step to ensuring a "self-correcting" contract is to ensure that the quality control program approved at the beginning of the contract provides the measures needed to lead the contractor to success.
Once the quality control program is approved, careful application of the process and standards presented in the remainder of this document will ensure a high-quality assurance program.
Performance Objective Performance Threshold Basic Cleaning Services.
Floors, baseboards, corners, and wall edges are free of dirt, dust, and debris. Trash is empty. Plastic liners are in good condition. Trash containers are free of odors and visible dirt.
Trash is emptied into outdoor trash collection container.
Glass and mirrors have no traces of film, dirt, smudges, or water. Drinking fountains are disinfected and free of streaks, stains, spots, smudges, scale, and other deposits. Hallways are free of dirt, debris, marks, smudges, scuffs, and other foreign matter. Carpets are free of dirt, debris, litter, and other foreign matter. Dust is not visible. Restrooms are clean and disinfected.
95% of all facilities are without customer complaints for the month.
Random sampling of inspection reports by COR.
Performance Objective Performance Threshold Periodic Cleaning Services.
Floors have a glossy uniform appearance free of scuffmarks, heel marks, wax build-up, and other stains and discoloration.
Windows are free of film, dirt, smudges, water, and other foreign matter. Carpets are free of stains and discoloration.
Heating and return vents are free of dust.
95% of all facilities receiving periodic services are without customer complaints for the reporting period.
Random sampling of inspection reports by COR.
SURVEILLANCE: The government quality assurance (QA) person will receive complaints from station personnel and pass them to the contractor's quality control inspector (QCI) for correction.
STANDARD: 95% of all facilities are without customer complaints for the month or service period. For example, the QA should receive no more than five (5) customer complaints during the service period. The QA shall notify the contracting officer for appropriate action in accordance with FAR 52.212-4, Contract Terms and Conditions- Commercial Items or the appropriate Inspection of Services clause, if any of the above service areas exceed five (5) customer complaints. ·
PROCEDURES: Any station employee that observes unacceptable services, either incomplete or not performed, for any of the above performance objectives should immediately contact the QA and the QA will complete appropriate documentation to record the complaint.
The QA will consider the customer complaint valid upon receipt from the customer. The QA should inform the customer of the approximate time the unacceptable performance will be corrected and advise the customer to contact the QA if not corrected. The QA will consider customer complaints as resolved unless notified otherwise by the customer.
The QA shall verbally notify the Contractor's Quality Control Inspector (QCI) to pick up the written customer complaint. The QCI will be given 24 hours after verbal notification to correct the unacceptable performance. If the QCI disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the QCI will notify the QA. The QA will investigate to determine the validity of the complaint. If the QA determines the complaint as invalid, he/she will document the written complaint of the findings and notify the customer. The QA will retain the annotated copy of the written complaint for his/her files. If after investigation the QA detem1ines the complaint as valid, the QA will inform the QCI and the QCI will be given an additional hour to correct the defect. A defect will not be recorded if proper and timely correction of the unacceptable condition(s) is accomplished. The QCI shall return the written customer complaint document, properly completed with actions taken, to the QA, who will file the complaint for monitoring future recurring performance. Recurring customer complaints are not permitted for any of the above service items. If a repeat customer complaint is received indicating the same deficiency during the service period (month, quarter, etc.), the QA should contact the Contracting Officer for appropriate action.
INVOICING & PAYMENTS
All payments are processed using The Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollmcnt-vendors.hhn to establish your account.
The IPP Customer Support Desk is available to assist users Monday through Friday (excluding
Federal holidays) from 8 a.m. to 6 p.m. ET, to answer questions related to accessing IPP or completing the registration process. Their toll-free number is 1-866-973-3131 or they can be reached at IPPCustomerSupport@fms.treas.gov. If you have any additional questions or concerns, please contact the Controller Operations Division Help Desk at 1- 877-243-3072 or cod.help@usda.gov .
BIOBASED PRODUCTS
The contractor must comply with the Agriculture Act of2014; the Food, Conservation and
Energy Act of2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of2002 9FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, "Federal Leadership in Environmental, Energy and Economic Performance", dated October 2, 2009; EO 13423, "Strengthening Federal Environmental, Energy and
Transportation Management” dated January 24, 2007; and Presidential Memorandum, "Driving
Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement," dated February 2012 to provide biobased products.
https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollmcnt-vendors.hhn mailto:IPPCustomerSupport@fms.treas.gov mailto:cod.help@usda.gov
All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.
The following is a list of categories for bio-preferred products that are required for performance of this contract:
Floor Strippers Adhesive and Mastic Removers Air Fresheners and Deodorizers Furniture Cleaner Bathroom Cleaners Carpet Cleaners Glass Cleaners Multipurpose Cleaners Microbial Cleaners Disinfectants Cleaning Tools Metal Cleaner Corrosion Removers Disposable Containers
For more information regarding the Department of Agriculture Biobased Program go to:
http://www.biopreferred.gov Clauses
52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services
(DEC 2022) (DEVIATION 2017-1)
Addenda to 52.212-4:
Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION
2017-1 (AUG 2017):
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (DEC 2022) (DEVIATION 2017-1, DEVIATION APR 2020, 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)).
http://www.biopreferred.gov/ http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4701 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3
(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) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 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:
[Contracting Officer check as appropriate.] ☐ (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).
☐ (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)
☒ (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) [Reserved].
☐ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section
743 of Div. C).
☐ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts
(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
☒ (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)).
☐ (ii) Alternate I (MAR 2020) of 52.219-13
☐ (20) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s) [Contracting Officer check as appropriate.]
☐ 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 (Oct 2022) (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 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).
☒ (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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)
(DEVIATION APR 2020) (31 U.S.C.3332).
☐ (63) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
☐ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
☐ (65) (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:
Contracting Officer check as appropriate.] ☒ (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.
This Statement is for Information Only: It is not a Wage Determination
Employee Class Monetary Wage/Fringe Benefits
WG-03/03 $16.20
☐ (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 [ ☐ (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.
http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial 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) 52.219-8, 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).
(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) 52.247-64, 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.
(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:
52.204-13 System for Award Management Maintenance (OCT 2018)
52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)
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 at any time prior to contract expiration.
52.217-9 Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor at any time prior to contract expiration; 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 5 years.
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)
52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION APR 2020) (31 USC 3903 and 10 USC 2307)
52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)
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
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.
(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.
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.
https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations
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.
452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from April 1st, 2023, through March 31st, 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled Within 30 days after the date of contract award. The conference will be held at a date and time to be determined.
Provisions:
EVALUATION FACTORS FOR AWARD
Per FAR 13.106 quotes will be evaluated using a best value approach. The Government will evaluate quotes based on price, past performance, and experience.
Price The quoted prices will be evaluated for reasonableness.
Past Performance Past performance is a measure of the degree to which the offeror has satisfied previous customers and complied with Federal, State and Local laws and regulations. The Government may contact references to assess the quality of the contractor’s work, timely completion, project management, and compliance with regulatory requirements. The Government will consider the currency and relevance of the information provided for past performance. The Government shall consider this information, as well as information obtained from any other sources, when evaluating the offeror’s past performance.
Experience The Government will assess the specialized experience and skill of the firm with a focus on experience that is similar to the specified project.
52.217-5 Evaluation of Options. (July 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (DEC 2022) (DEVIATION DEC 2022) (Provision)
[If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.
If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:] https://www.acquisition.gov/content/17206-evaluation#i1103099 http://www.acquisition.gov/far/
(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.
Representations and Certifications (complete highlighted items in this section and return with your offer)
VENDOR NAME: _____________________________________________
VENDOR UEI: _____________________________________________
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Provision)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision—
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876
Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such…
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