ComboSynopsis_Solicitation 127EAV22Q0011_Questa Ranger District_Janitorial Services.pdf

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format prescribed 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 a written solicitation will not be issued.

Solicitation 127EAV22Q0011 is issued as a request for quote (RFQ). This procurement is being issued as a 100% SMALL BUSINESS SET-ASIDE. North American Industrial Classification Standard (NAICS) 561720, Product Service Code of S201.

This solicitation document incorporates provisions and clauses of those in effect through Federal Acquisition Regulation Circular 2019-02. The result of this requirement will be a firm fixed priced (FFP) contract. The right to make multiple or no award is reserved in the event it is advantageous to the Government to do so. The contractor shall provide pricing in accordance with the line-item table and item specifications and sign the Schedule of Items on Page 2. This will be evaluated as Lowest Price Technically Acceptable.

1. Introduction. Request for Quotes (RFQ). The Questa Ranger District on the Carson National Forest has a requirement for Janitorial Services at the location: 184 SR 38, Questa, NM 87556. The applicable NAICS is 561720, Janitorial Service, for which the small business size standard is $18.0 Million (PSC: S201).

2. Type of Contract. As a result of this solicitation, the government intends to award a Firm-Fixed Price (FFP) service contract under Commercial Items. Service Contract Act wage, health, and welfare benefits apply to the awarded contract.

3. Questions, and Answers. All questions regarding this solicitation must be submitted in writing and received by March 9, 2022, 1600 Mountain Standard Time.

Questions will only be accepted via email. Emails should be addressed to the attention of the Contracting Officer, Maria de la Luz Pino, and sent to mariadelaluz.pino@usda.gov

Ask all questions during this period to familiarize themselves with the work and services required. As far as practicable, Questions/Answers will be posted by amendment to the solicitation on SAM.gov. It is the responsibility of the offeror to view the website for any changes or amendments to this RFQ.

4. Site Visits. A site visit is not required, to request a site visit contact Adam Ladell;

adam.ladell@usda.gov; 575-586-0520.

5. Submission of offers. Offers shall be received on or before March 11, 2022, 1600 Mountain Standard Time.

Offers shall be sent by email. Emails should contain the solicitation number in the subject line. Offers sent by email may only be sent to the contracting officer: Maria de la Luz Pino;

mariadelaluz.pino@usda.gov

6. Basis for Award: Lowest Price Technically Acceptable mailto:mariadelaluz.pino@usda.gov mailto:adam.ladell@usda.gov mailto:mariadelaluz.pino@usda.gov

SCHEDULE OF ITEMS QUESTA RANGER DISTRICT JANITORIAL

CARSON NATIONAL FOREST, FOREST SERVICE, USDA

BASE YEAR PLUS FOUR OPTION YEARS

Updated:

01/24/2022

Line Item

Task/Description

Quantity

Unit of Measure

Unit Price

Extended Price

B A

SE

Y

EA

R

QRD Monthly Janitorial Service (Service Performed 3 x Per Week-including supplies) IAW SOW

Months

0002 QRD Bimonthly Janitorial Service IAW SOW 6 Each $ -

Base Year Total:

O

PT

IO

N

1002 QRD Bimonthly Janitorial Service IAW SOW 6 Each $ -

Option Year 1

IO

2002 QRD Bimonthly Janitorial Service IAW SOW 6 Each $ - Option Year 2

IO

3002 QRD Bimonthly Janitorial Service IAW SOW 6 Each $ - Option Year 3

IO

QRD Bimonthly Janitorial Service IAW SOW

Each

Option Year 4

BASE PLUS FOUR OPTION

YEAR TOTAL AMOUNT:

Award is a firm fixed price contract.

Point of Contact: Maria de Luz Pino, Purchasing Agent; email address mariadelaluz.pino@usda.gov

CONTRACTOR

NAME DUNS# _____________________________________________________________________________________________________________________________________________________________________________________

CONTRACTOR AUTHORIZED

SIGNATURE

DEADLINE FOR RESPONSE TO THIS FAIR OPPORTUNITY OFFER: COB MARCH 11, 2022

COMPLETED OFFERS (this form) WILL BE PROVIDED TO THE CONTRACTING OFFICER, MARIA DE LA LUZ

PINO BY EMAIL NO LATER THAN DEADLINE DATE ABOVE TO:

mariadelaluz.pino@usda.gov

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

1. DESCRIPTION OF SERVICES – The contractor shall provide all labor, material, supplies, transportation, management, supervision, equipment, and all other necessary items complete the janitorial cleaning task for the Questa Ranger District, Questa, NM.

2. PERIOD OF PERFORMANCE – Janitorial services will commence estimated April 1, 2023, with four

(4) option years. The government reserves the right not to exercise the option year(s).

3. LOCATION OF SERVICES – The janitorial services will be performed at the Questa Ranger District at 184 SR 38, Questa, NM 87556.

4. Background Investigation—The contractor will provide a list of employee names in their bid proposal.

The contractor shall provide all background investigations for all employees that will access buildings for cleaning. All documents from the background investigation will be provided to the Forest Service within 90 days of the contract being awarded. Any employee with an unacceptable background investigation will not be allowed to provide janitorial service and will immediately return keys. It is the responsibility of the contractor to replace that employee and provide a new background investigation.

5. Government furnished Property—Keys to building(s). If the keys are misplaced the contractor shall contact the COR for replacement. The contractor shall NOT have copies made of the keys. Contractor personnel, upon completion of cleaning duties, will ensure all buildings are locked. The use of any government property damaged by the contractor or any of its employees will be replaced by the contractor with a like item.

6. Contractor Responsibilities—The contractor is responsible for loss, theft, damage or destruction of any government or personal items belongings or assigned to the occupant or user in any office or other rooms of the facility when such acts can be proven, beyond a reasonable doubt, to be the fault of the contractor or one of their employees. No one under the age of 16 shall be permitted in the building or on the premises during the cleaning period. Contractor must establish and implement methods of ensuring that all keys issued by the government are not lost, misplaced or used by unauthorized persons.

7. Quality Requirements—All work shall be performed in a serviceman like manner, to the quality and standard of the industry. The COR will conduct spot checks of the contractor’s work to ensure it adheres to contract requirements.

8. Periodic Surveillance—This method of surveillance requires the COR to employ a “spot check” style of evaluation based on the contractor’s cleaning frequency schedule.

Periodic surveillances will be conducted on a scheduled based and may be adjusted based on quality.

9. Supplies- All supplies, unless otherwise specified, shall be of the highest quality and most suitable type or grade for the type of work specified. Wherever possible the contractor shall provide environmentally friendly green products. Materials and equipment shall be of suitable size and type for the work or service being performed.

10. Environmental Laws & Regulations- The contractor shall comply will all applicable

Federal, State and local laws, regulations and requirements regarding environmental protection. In the event environmental laws/ regulations/requirement change during the term of the contract, the contractor shall comply with such law/regulation as changed.

The contractor is responsible for any penalties, fines, etc. resulting from violations. The contractor shall immediately notify the COR when violations occur and cooperate fully with the fire department personnel and government investigators.

11. Contractor furnished property- The contractor shall furnish all equipment to perform tasks, 2 ply toilet tissue, hand soap, seat covers and paper towels. See attached supply list for these specific needed items.

12. Cleaning Schedule – The area under contract will include the Main Office Building and all related areas such as entrance ways, corridors, lobbies, conference room, two (2) restrooms, closets and kitchen; as well as the Fire Readiness/Workout Room and all related areas such as entrance ways, restroom, open common areas/fitness area, and kitchen. See attached Floor Plans.

12.1 There will be services performed: three (3) times a week [Tuesday, Thursday and Saturday’s after 5 p.m.], and every two (2) months [November, January, March, May, July, and September], unless other arrangements have been made

Note: Additional cleaning may be required during high fire occurrences. And Shall be paid separate from this contract with a government purchase card by a government purchase cardholder which shall be coordinated with the COR.

There will be no cleaning on federally recognized holidays, a list of recognized holidays will be provided to the contractor. Unless due to high fire occurrences and coordinated with the COR.

12.2 Three Times a Week – (Tuesdays and Thursdays and Saturdays after 5 p.m.):

12.2.1 Trash Collection/removal – The contractor shall collect and dispose of ALL trash from ALL trash receptacles in the building, which includes; offices, restrooms, and common areas (break room, conference rooms, front greeting are, etc.). All trash receptacles shall be emptied, trash disposed, and containers returned to original locations. The contractor shall provide and replace any obviously soiled, worn or torn plastic can liners.

The trash receptacles shall be left clean, free of foreign matter and free of odors. All waste generated in the building and front entry shall be collected and removed to refuse receptacles provided by the Government.

12.2.2 NON-CARPETED FLOORS – (Hard Floors: Vinyl tile, Ceramic tile, Wood, Concrete, etc.) Hard floors shall be maintained free of grit, soil, dust, scuff and heel marks, stains, spills, debris, litter, and other foreign matter by effective routine cleaning. Cleaning shall be accomplished by the most appropriate method (vacuum, sweep, dust mop, damp mop, spot clean, etc.) with cleaning solutions if applicable, for the specific floor type.

After cleaning floor surfaces they should have a clean appearance without streaks, swirl marks, detergent residue, nor any evidence of soil, stain, film or standing water.

Baseboards, corners and wall/floor edges shall also be cleaned. Charis, trash receptacles and other easily moveable items shall be moved to maintain floors underneath these items and returned to their original and proper position after cleaning.

12.2.3 Carpeted Floors – Carpets shall be maintained free of soil, dirt, debris, litter and other foreign matter to be effective routine cleaning. Any spots and/or spills shall be removed by the carpets manufacturer’s approved methods or other commercially accepted practices as soon as noticed. All tears, burns, and raveling shall be brought to the attention of the COR. Area and throw rugs shall be moved to maintain floors underneath these items and returned to their original and proper position after cleaning. The contractor shall maintain all carpet areas free from visible soil and vacuumed. Soiled areas should be cleaned as necessary.

12.2.4 Clean Floor (Walk – Off) Mats – Vacuum and/or clean interior and exterior floor mats.

Mats shall be free of all visible lint, litter, debris, soil and other foreign matter. Soil and moisture underneath mats shall be removed and mats returned to their original locations.

12.2.5 Restrooms – Clean and disinfect all surfaces of sinks, toilets, urinals, lavatories, dispensers, plumbing fixtures, partitions, doors, door handles, walls, stalls, and stall doors, entry doors and entry door handles and other such surfaces shall be cleaned and disinfected using germicidal detergent. Restrooms shall have a clean scent or no odor at all. Toilets, and urinals will be free of spots, water spots, scale buildup, soap scum, odors and any other deposits. Mirrors shall be clean and have no streaks or other removable matter. Partitions shall be smudge and stain free.

12.2.6 Stock Restroom supplies – Contractor shall ensure restrooms are stocked sufficiently and must provide supplies including toilet tissue, paper towels, hand soap, and ensure that these supplies do not run out. Supplies shall be stored in designated area.

12.2.7 Drinking Fountain – Contractor shall clean all facility drinking fountains. All polished metal surfaces, including the orifices and drains, as well as exterior surfaces of fountain shall be cleaned and disinfected. Drinking fountains shall be free of streaks, stains, spots, smudges, scale and other obvious soil.

12.3 Every Two Months – (November, January, March, May, July, and September):

12.3.1 Dust Furniture/Remove Spider Webs – All office furniture i.e. shelves; cabinets, etc.

shall be dusted within reach while standing on the floor. DO NOT dust areas which contain personal belongings. All spider webs need to be removed from the walls, window seals, doorways etc. . . Inside and outside.

12.3.2 Clean Windows Interior and Exterior – All windows will be cleaned with appropriate window cleaner and rags, and left free of dirt, dust and streaks.

13. JANITORIAL WORKLOAD STANDARDS –

Task/Services Cleaning – Basic

General Administrative Areas – Break rooms, Lobbies, Conference rooms, Etc…

Mop Floors Three times a week Vacuum Carpet Three time a week Clean Walk-off Mats Three times a week Trash Collection/Removal Three times a week Re-supply Restrooms As needed Clean drinking Fountains Three times a week Clean restrooms (Walls/Partitions) Three times a week Sweep/Damp Mop Floors Three times a week Clean Disinfect restrooms Three times a week De-scale toilets and Urinals Three times a week Dust/Remove spider webs Every two months Clean Mirrors Three times a week Clean Windows (Interior & Exterior) Every two months Sweep Floors Three times a week

Fire Readiness/Workout Building Mop Floors Three times a week Vacuum Carpet Three time a week Clean Walk-off Mats Three times a week Trash Collection/Removal Three times a week Re-supply Restrooms As needed Clean drinking Fountains Three times a week Clean restrooms (Walls/Partitions) Three times a week Sweep/Damp Mop Floors Three times a week Clean Disinfect restrooms Three times a week De-scale toilets and Urinals Three times a week Dust/Remove spider webs Every two months

Clean Mirrors Three times a week Clean Windows (Interior & Exterior) Every two months Sweep Floors Three times a week

14. SPECIAL CLEANING REQUIREMENTS:

14.1 Cleaning Products – The contractor shall maintain an updated Material Safety Data Sheet and be made available upon request.

14.2 Cleaning Equipment/Materials – The contractor shall furnish all supplies and proper equipment required to perform the janitorial services. The equipment shall be safe and operable. All equipment cords shall be free of tears and cannot be frayed; cords must be free of electrical or any other tape. Mops and rags used for cleaning must be segregated: One set used for bathrooms, counter tops, hallways, offices and lobby. The contractor shall clean and disinfect the mops and rags prior to each use with detergent and hot water, rinsed in warm water and sanitized in a bleach solution, wrung out and hung to dry. Mop heads and rags must be changed out when dirty.

14.3 Sweeping/Mopping Non-carpeted Floors – All non-carpeted floors shall be swept, mopped with hot water and sanitized with the bleach water solution.

14.4 Janitorial Space – The contractor will be required to maintain odorless and clean space. Space will be free of clutter and debris.

15. CONTRACTING OFFICER’S REPRESENTATIVE (COR) – The contracting officer will designate a representative herein referred to as the Contracting Officer’s Representative (COR). The COR or designate Facilities Manager will provide on-the-ground administration of the contract. Prior to the start of work, the Contracting Officer will provide the Name, Address, and Telephone number of the COR and/or Facilities Manager to the contractor.

16. INSPECTION AND ACCEPTANCE – The Contracting Officer’s Representative (COR) or designated rep/Facilities Manager shall perform periodic spot inspections. The Contractor shall return to any area that does not meet specifications and bring the work up to specifications within two (2) days of written notification.

17. CONDUCT OF WORK – The work will be performed in accordance with time or frequency schedules prescribed in the specifications. It shall be carried on without interference with the proper performance of government business. The successful bidder and their employees shall:

a. Shall not disturb papers on desks, drawers or cabinets; use telephones or radios provided for official government facility during work performance.

b. See that all articles found are turned in to the District Ranger.

c. Refrain from having minor children under age 16 present on the Government facility during work performance.

d. Turn off lights, close and lock windows and doors, ensuring that the building is safe and secure upon completion of work.

18. DEFECTIVE WORK, DAMAGE AND PROTECTION – The successful quoter shall, at their own expense, remedy and correct any defect in risk. They shall, without additional cost to the Government, be fully responsible for all damage to property or injury to persons, which results from their employee’s fault or negligence in connection with this contract.

19. INCLEMENT WEATHER – When inclement weather sets in, and the work is impractical, upon written request by the Contractor, the Contracting Officer may authorize a total suspension until such weather has passed, and work can proceed. During period of total suspension the calendar days elapsed will not be charged against the contract time specified.

20. PRE-WORK CONFERENCE – Prior to the beginning of work, a meeting will be held with the successful contractor.

sarahmartinez Line sarahmartinez Callout Fire Readiness/Workout Room Bldg

FAR CLAUSES FOR THIS SOLICITATION:

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):

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS --

COMMERCIAL ITEMS (OCT 2019)

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

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (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. 3805 note)).

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

[Contracting Officer check as appropriate.] [X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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).

[X] (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

[X] (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

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

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

___ (iv) Alternate III (Oct 2015) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

[X] (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 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 (Dec 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2019) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

[X] (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

[X] (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

[X] (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

[X] (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (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 offthe-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.)

[X] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

[X] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (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.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

[X] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (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.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O.

13513).

[X] (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

[X] (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

[X] (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

[X] (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

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 (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 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.

2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

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

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

__ (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) [_] (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

[_] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[_] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 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).

___ (6) 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).

___ (7) 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).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (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, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

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

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

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 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.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) [x] (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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 E.O. 13627).

(xii) 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.)

(xiii) 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)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

(xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xviii) 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. 2302 Note).

(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xx) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)