Biobased_preferred_special_examples_for_janitorial_contrat.docx

Exhibit C

SECTION A – BIOBASED PRODUCTS CONTRACT CLAUSES

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

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA) designated items unless

(1) The product cannot be acquired

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than

(i) October 31 of each year during contract performance.

Exhibit C

Initials: _______ & _____ Contractor Gov’t SECTION B - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

52.223-1 Biobased Product Certification (May 2012).

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c) (3)), the Offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the Offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF CONTRACT

Proposal janitorial service contract is for USDA Rural Development Molokai Satellite Office for the period February 1, 2015 through October 31, 2019.

LOCATION AND DESCRIPTION

Proposal is for USDA Rural Development Molokai Satellite Office located at the Molokai Kahua Huina Center, Suite 8, 15 Kaunakakai Place, Kaunakakai, Molokai, Hawaii 96748.

AGAR 452.211-72 - Statement Of Work/Specifications (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in attached Exhibit A - Schedule A.

AGAR 452.211-73 - Attachments To Statement Of Work/Specifications (FEB 1988)

The attachment to the Statement of Work/Specifications –Exhibit A - Schedule A is hereby made part of this solicitation and any resultant contract.

Biobased Products

The Contractor must comply with the Agricultural 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 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 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 BioPreferred products that are required for performance of this service contract.

i. Office Products (Ink, paper, cleaning products)

For more information regarding the Department of Agriculture Biobased Program go to: http://www.biopreferred.gov.

SECTION D - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

1. Technical Proposal Instructions. The technical proposal will be used to make an evaluation and arrive at a determination as to whether the proposal will meet the requirements of the Government. Therefore, the technical proposal must present sufficient information to reflect a thorough understanding of the requirements and a detailed, description of the techniques, procedures and program for achieving the objectives of the specifications/statement of work. Proposals which merely paraphrase the requirements of the Government's specifications/statement of work, or use such phrases as "will comply” or "standard techniques “will be employed" will be considered unacceptable and will not be considered further. As a minimum, the proposal must clearly provide the following:

a. Past Performance Experience

Past Performance which addresses Quality of Services, Customer Satisfaction, Timeliness of Performance and Business Relations

b. Biobased Purchasing

This aspect of the evaluation is to determine how well Offerors utilize Biobased Products. The evaluation will include a review of list of products submitted, Certification, and Operation Plan.

c. Biobased Assessment

In conducting the assessment, each offeror shall be assigned one of the following ratings in Table.

Table – Biobased Assessments

In the technical proposal, the offerors shall identify the Biobased products to be purchased and used under this contract. For each Biobased product the offeror shall specify the percentage of Biobased content, and for the USDA-designated Biobased content products, the offeror shall demonstrate that the products to be used under this contract will contain the percentage specified in the USDA recommendations or the highest level of Biobased material practicable, consistent with USDA's recommended percentages of Biobased content.

The offeror shall document prior experience in specifying, purchasing, using, and installing Biobased products. The offeror shall provide a list for all relevant contracts over the past two years involving the specification, purchase, and/or use of Biobased products. The offeror shall include a list of the Biobased products specified, purchased, used, and installed.

The above information shall be provided for all proposed subcontractors in the same format and level of detail as prescribed for the prime offeror. Additionally, the proposal shall include the following information:

(A) A description of the work to be conducted by the subcontractor

(B) Identification of the proposed subcontractor and an explanation of why and how the proposed subcontractor was selected including the extent of competition obtained.

SECTION E--EVALUATION FACTORS FOR AWARD

AWARD DETERMINATION

Source evaluation will be based on best-value principles. Accordingly, award will be made to the responsible Offeror whose proposal provides the greatest overall value to the Government, price and other factors considered. This best-value determination will be accomplished by comparing the value of the differences in the technical factors for competing offers, based on their strengths, weaknesses, and risks, with differences in their price to the Government. In making this comparison, the Government is more concerned with obtaining superior technical capabilities than with making an award at the lowest overall cost to the Government. However, the Government will not make an award at a significantly higher overall price to achieve slightly superior technical capabilities. As technical scores become closer, price will become more important. Technical Factors are significantly more important than price Only Offerors that demonstrate acceptable submission to the Government of all items in Section D of this solicitation (or amendments thereof) will be considered for award.

TECHNICAL EVALUATION FACTORS

a) Technical Capability (what, where, etc.) of equipment owned or rented to be used to complete this project (offices, field quarters, laboratories, vehicles, pertinent office, field equipment/materials, and bonding capacity).

b) Past Performance is the most important factor in the award decision.

c) Identification of all Biobased products to be acquired, used, and installed in the performance of this contract;

1) Proposed past performance experience with the use of Biobased products.

i. The Contractor must comply with Section 9002 of the Food, Conservation and Energy Act of 2008; Section 9002 of the Farm Security and Rural Investment Act of 2002; Execu1ive Order 13514, "Federal Leadership in Environment, Energy, and Economic Performance;" Executive Order 13423, "Strengthening Federal Environmental, Energy, and Transportation Management;" Presidential Memorandum, "Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement;" and the Federal Acquisition Regulation to provide Biobased products.

ii. The contractor shall utilize products and material made from Biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR). It is desirable that vendors be able to supply the greatest number of Biobased products listed meeting the health and environmental specifications.

iii. Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum Biobased content as stated at www.biopreferred.gov. The Contractor should provide data for their Biobased products such as Biobased content.

iv. The Contractor shall submit with the initial proposal a complete list of Biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract.

v. The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

vi. The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts.

vii. In accordance with Section 9002 of the Food, Conservation and Energy Act of 2008: Section 9002 of the Farm Security and Rural Investment Act of 2002; Executive Order 13514, "Federal Leadership in Environment, Energy, and Economic Performance;" Executive Order 13423, "Strengthening Federal Environmental, Energy, and Transportation Management;" Presidential Memorandum, "Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement;" and the Federal Acquisition Regulation , USDA will provide a preference in all USDA contracts when applicable for USDA designated Biobased products.

EVALUATION FACTORS

a) RESPONSIVE ANO RESPONSIBLE: This is a best value competitive acquisition and is conducted in accordance with Federal Acquisition Regulation 15.101-1, Tradeoff Process. The Government evaluation team and the CO will strive for maximum objectivity. The selection process, by its nature, is subjective and therefore, professional judgment is implicit throughout the entire process. The Government intends to select one contractor for the subject solicitation. However, the Government reserves the right to award no contract at all, depending on the quality of the proposal(s) submitted. The Government reserves the right to award without discussions.

b) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors and sub-factors shall be used to evaluate offerors:

Technical Capability

· Equipment Owned or Rented

· Bonding Capacity

· Past Performance

· Quality of Services

· Timeliness of Performance

· Business Relations

· Customer Satisfactions

· Biobased Purchasing

· Price

Visit http://www.biopreferred.gov and click on procurement tools for model language on Biobased instructions to Offerors and Biobased evaluation factors