Combined Synopsis_Solicitation_1240LN24Q0002.pdf

1240LN24Q0002

Musselshell Ranger District Janitorial Services

Helena-Lewis and Clark National Forest

Solicitation Issue Date: December 14, 2023

Method of Solicitation: Request for Quotation (RFQ).

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and no additional solicitation will be issued.

The solicitation and incorporated provisions and clauses are those in effect through the most current Federal Acquisition Circular FAC 2023-06.

Responsible sources may submit a quotation which, if timely received, shall be considered by this agency.

North American Industry Classification (NAICS): 561720 (Janitorial); Size Standard is $19.5

Set Aside: 100% small business set-aside.

Period of Acceptance for Quotes: The quoter agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers unless another time period is specified in an addendum to the solicitation.

Period of Performance: The period of performance of this contract is from February 1st, 2024, through January 31st, 2029.

Post Award Conference: A post award conference with the successful quoter is required. It will be scheduled at a date and time to be determined on a later date.

General Information: The intent of this solicitation is to obtain quotes for janitorial services. See below for complete project description.

Provide quote by: 5:00 PM, Mountain Standard Time on December 28th, 2023.

NOTE: FAR Part 13 will be utilized to accept valid quotes as per the specifications, terms and conditions of the solicitation, and the government reserves the right to review any and all quotes received, regardless of date, prior to making a final award decision.

DOCUMENTS TO RETURN:

The following documents shall be submitted by the quoter 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.

� Annual Representations & Certifications – see section below starting on Page 18 � Quality Control Plan (see page 10) � Acknowledge Amendments (per the instructions in Block 11 on the SF-30) if applicable.

Send quote to: Forest Service, Property and Procurement Services, Intermountain Zone, CSA #3

Attn: Rachel Branson, CC: Kimberly Hamil

E-mail: Rachel.branson@usda.gov CC: kimberly.hamil@usda.gov

For solicitation questions please use email above.

mailto:Rachel.branson@usda.gov mailto:kimberly.hamil@usda.gov

Contents

STATEMENT OF WORK

SCOPE

PLACE OF PERFORMANCE

PERFORMANCE BASED SERVICE CONTRACT

QUALITY CONTROL

BUILDING SECURITY

SAFETY

SUPERVISION AND QUALIFICATIONS

GOVERNMENT FURNISHED PROPERTY

CONTRACTOR FURNISHED ITEMS

BIOBASED PRODUCTS

TECHNICAL SPECIFICATIONS

FREQUENCY OF SERVICE

GOVERNMENT QUALITY ASSURANCE PLAN FOR CUSTODIAL SERVICES

INVOICING & PAYMENTS

CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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)

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

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) ... 16

52.252-6 Authorized Deviations in Clauses (NOV 2020)

452.215-73 Post Award Conference (NOV 1996)

SOLICITATION PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

52.252-5 Authorized Deviations in Provisions (NOV 2020)

52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

52.217-5 Evaluation of Options. (July 1990)

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (DEC 2022) (DEVIATION DEC 2022) (Provision)

52.223-1 Biobased Product Certification (MAY 2012)

Electronic Submissions of Quotes

LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SCHEDULE OF ITEMS

Janitorial Services Musselshell Ranger District Office

809 2nd Street NW Harlowton, MT 59036 Helena-Lewis & Clark National Forest

Wheatland County, Montana

ITEM

DESCRIPTION

QUANTITY

UNIT

UNIT PRICE

TOTAL

Base Period Janitorial Service, twice per week February 1, 2024 – January 31, Month

Option Period 001 Janitorial Service, twice per week February 1, 2025 – January 31, Option Period 002 Janitorial Service, twice per week February 1, 2026 – January 31, Option Period 003 Janitorial Service, twice per week February 1, 2027 – January 31, Option Period 004 Janitorial Service, twice per week February 1, 2028 – January 31, Optional 52.217-8 52.217-8 Option to Extend Services (Nov 1999) NTE 6 Months Total

6 Month $ $

TOTAL of Base Period and all Options $

Notes: The quoter must quote on all items, all years, to be considered responsive.

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:

SAM

UEI:

Signature/Date of Quote:

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 lunchroom and coffee break areas. 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 Musselshell Ranger District Office, Harlowton, Montana, on the Helena Lewis and Clark National Forest. The area to be maintained consists of the entire USDA Service Center, approximately 5100 square feet which is divided into sixteen (16) rooms, two (2) hallways, one (1) stairwell and three (3) restrooms. The entire area is covered by carpet except for the restrooms and computer room which are covered by linoleum/vinyl.

PERFORMANCE BASED SERVICE CONTRACT

This work is being solicited as performance based, commercial item contract. Performance based means the Contractor is responsible for the finished product. If finished product is not satisfactory, an adjustment to the payment may 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 Forest Service, is responsible for the management and quality control actions to meet the terms of this contract. The role of the Forest Service is quality assurance to ensure contract standards are met.

Records of quality inspections shall be kept and made available to the Forest Service 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 facilities, equipment, and materials shall be secured. The Contractor shall double check all doors at the end of each service visit. Lights and fans in bathrooms shall be turned off.

The Contractor shall prohibit the use of keys issued by the Forest Service by any persons other than the contract employees. The Contractor shall not duplicate any keys issued by the Forest Service and shall immediately report to the Contracting Officer or Contracting Officer’s Representative 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 locks 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.

SUPERVISION AND QUALIFICATIONS

A background check may be required on 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

Keys, or locks necessary for access to areas requiring work under this contract.

Dumpster for trash and refuse disposal.

Plastic garbage bags Storage space for Contractor-furnished cleaning supplies and equipment Toilet paper and paper towel Light bulbs Brooms, mops, rags, and mop buckets Antibacterial soap Air fresheners Utilities Vacuum At the option of Forest Service, any other items necessary to perform the services required under this contract.

***Note: The Contractor shall notify the Forest Service when government furnished supplies are within two weeks of depletion. The Musselshell RD owns a few of the items listed above the contractor is welcome to use; however, if/when they break, are used up, or worn out, the contractor must then provide their own.

CONTRACTOR FURNISHED ITEMS

The Contractor shall furnish the carpet shampooer and cleaning solution for the annual cleaning and any other cleaning supplies needed: including, but not limited to, window, floor, wax, toilet cleaner, and any other cleaning supplies they may need to complete the services requested in this contract.

BIOBASED PRODUCTS

The contractor must comply with the Agriculture Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 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.

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 Cleaners Corrosion Removers Disposable Containers

For more information regarding the Department of Agriculture Biobased Program go to:

http://www.biopreferred.gov.

TECHNICAL SPECIFICATIONS

Janitorial Services for Musselshell Ranger District shall be performed, per the following guidelines:

February 1st-January 31st – twice per week, between the hours of 5:00pm and 6:30 am.

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.

http://www.biopreferred.gov/

FREQUENCY OF SERVICE

Cleaning shall be done twice per week. Cleaning days shall be agreed upon and approved by the Contracting Officer’s Representative (COR). Bi-Annual services shall be performed when such cleaning is most beneficial. Bi- Annual and Annual cleaning shall be scheduled with the COR.

1) Floors:

a. All carpeted floors (including inside doormats) shall be vacuumed frequently enough to be kept free of dirt, paper, and other debris.

b. Sweep and mop all uncarpeted floors and stairs to keep free of marks, dirt, mud, and other debris.

c. Uncarpeted floors shall be cleaned according to the manufacturer’s specifications that may include strip, re-wax, and buff.

d. All carpets shall be spot cleaned between shampoos, as needed.

e. All carpets shall be shampooed annually. Stationary furniture shall not be moved to facilitate shampooing. Written notice to the COR is required 2 business days (minimum) in advance.

2) Walls & Doors:

a. All wall surfaces, doorknobs, door handles, and light switch plates shall be kept clean and free of marks.

b. Paneled walls shall be treated with a paneling cleaner and preservative annually.

c. All baseboards and door frames shall be kept clean and free of marks.

d. All exterior doors shall be kept clean and free of marks.

3) Dusting and Cobweb Removal:

a. All railing, counters, ledges, door sills, frames, display surfaces and wall corners shall be kept clean and free of dust and cobwebs.

b. All bookcases, desks, conference tables, and filing cabinets shall be kept clean and free of dust. Items on these surfaces shall not be disturbed to facilitate cleaning.

4) Bathrooms and Kitchen area:

a. All bathroom floors in all buildings shall be kept clean, free of marks, and disinfected.

b. The inside and outside of all toilets and urinals shall be kept clean and disinfected.

c. All sinks shall be kept clean, disinfected, and free of rust, residue, and water deposits.

d. All mirrors shall be kept clean, dry, and free of streaks and residue.

e. All other fixtures, surfaces, walls shall be kept clean, disinfected, and free of water spots, marks, and residue.

f. All supplies for the toilet paper, paper towels and soap dispensers shall be filled, or replaced, to maintain a continuous, inexhaustible supply.

g. Microwave shall be kept clean.

5) Windows:

a. Windowpanes shall be washed, dried and have a clean, streak free appearance, minimum bi-annually.

b. Windowsills shall be kept clean and free of dust.

c. Window blinds shall be cleaned bi-annually.

6) Trash Disposal and Wastebasket Maintenance:

a. All trash cans shall be emptied into an outside receptacle anytime trash is present.

b. All trashcan liners shall be kept free of paper, food, liquids, and unsightly materials.

c. All trash cans shall be cleaned inside and out with a disinfectant.

7) Furniture:

a. All fabric type furniture shall be vacuumed frequently enough to be kept free of dust and other debris.

8) Other:

a. All light fixtures and panels shall be cleaned to be free of dust, dirt, and debris a minimum bi-annually.

b. Each light fixture light bulb shall be replaced after the bulb is no longer illuminating light.

c. All vents, fans, and air intakes shall be cleaned and vacuumed to be free of dust, dirt, and debris bi-annually.

d. All entries shall be swept and kept free of dirt, cobwebs, and other debris.

e. Outside doormats shall be kept clean and free of dirt and other debris.

f. Front and Back steps shall be swept and kept free of debris.

GOVERNMENT QUALITY ASSURANCE 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 (SDS) 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 is quality assurance to ensure contract standards are achieved.

In this contract the quality control program is the driver for service quality. The contractor is required to develop a QUALITY CONTROL PLAN for 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. Ash containers are emptied and free of ashes, odors, and stains. Glass and mirrors have no trace of film, dirt, smudges, or water. Drinking fountains are disinfected and free of streaks, stains, spots, smudges, scale, and other deposits. Stairways 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.

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, 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 period 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 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 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 conduct an investigation to determine the validity of the complaint. If the QA determines the complaint as invalid, he 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 determines 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.

QUALITY CONTROL PLAN

A draft Quality Control Plan shall be provided by the Contractor demonstrating how the Contractor will monitor and inspect work performed in this contract in addition to providing a price (i.e., the draft Quality Control Plan needs to be provided with the quote). The Contractor shall provide a site specific/final Quality Control Plan at the prework meeting before work can begin.

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/enrollment-vendors.htm 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.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm mailto:IPPCustomerSupport@fms.treas.gov mailto:cod.help@usda.gov

CONTRACT CLAUSES

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) Deviations to clauses may be viewed at: https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

(End of clause)

(xi) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2023)

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

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19

U.S.C. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[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 (Nov 2023) (Whistleblower Guidance to Contractor Employees)

☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-

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

☐ (6) [Reserved].

☐ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK

☐ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

☒ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.

L. 117-328).

☐ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders – Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts (Dec 2023) (Pub. L. 115-390)

☐ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition. (Dec 2023) (Pub. L. 115- 390, title II) ☐ (ii) Alternate I (Dec 2023) of 52.204-30.

☒ (12) 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).

☐ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (14) [Reserved].

☐ (15) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.657a).

☐ (16) (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).

☐ (17) [Reserved] ☒ (18) (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.

☐ (19) (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.

☐ (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)).

☐ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (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 2023) of 52.219-9.

☐ (22) (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

☐ (23) 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.

☐ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C.

657f).

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

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

☐ (27) 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)).

☐ (28) 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)).

☐ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☐ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023) (E.O.13126).

☒ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

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

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

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

☒ (36) (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.

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

☐ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

☒ (39) (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).

☐ (40) 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.)

☐ (41) (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.)

☐ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (44) (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.

☐ (45) (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.

☐ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

☐ (47) (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.

☒ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

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

☐(ii) Alternate I (Oct 2022) of 52.225-1 ☐ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (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 (Nov 2023) of 52.225-3.

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

☐ (54) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (55) 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).

☐ (56) 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).

☐ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

☐ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (60) 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).

☐ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41

U.S.C.4505, 10 U.S.C.3805).

☒ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C.

3332).

☐ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31

U.S.C.3332).

☐ (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (67) (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 $16.59

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

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29

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

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

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

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services-Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract.

If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712)

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (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).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328) (vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition. (Dec 2023) (Pub.

L. 115-390, title II)

(B) Alternate I (Dec 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (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.

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

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

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

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

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

(xiv) 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.

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

(xvi) (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).

(xvii) 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).

(xviii) 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).

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

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

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

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

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

(xxiii) 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).

(xxiv) 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.

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

(xxvi) 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.

(End of clause)

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 within 30 days.

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

(a)The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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, 6 months.

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

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.

(End of clause)

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

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

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

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

(End of clause)

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.

https://www.usda.gov/sites/default/files/documents/agar-class-deviation-contract-closeout-clause.pdf

SOLICITATION PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision 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) Deviations to provisions may be viewed at: https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.252-5 Authorized Deviations in Provisions (NOV 2020)

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

(b) The use in this solicitation of any Agriculture Acquisition Regulation (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

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 Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S.