Sol_L15PS00196.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

LML

LEWISTOWN MT 59457

920 NE MAIN STREET

BLM CENTRAL MT DISTRICT OFC(MTl000)

0004276405 CODE 16. ADMINISTERED BYCODE

X

X

X

561720

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORLML

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

03/27/2015 1700 ET

02/27/2015

406-538-1932Connie Sweeney (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

L15PS00196

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 2 0040200622OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

MALTA MT 59538

501 S 2ND ST EAST

BLM-MT MALTA FIELD OFFICE

15. DELIVER TO

LEWISTOWN MT 59457

920 NE MAIN STREET

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$18.0

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

BLM CENTRAL MT DISTRICT OFC(MTL000)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

A base year plus two option year contract is being contemplated by the BLM.

Active registration in System for Awards Management - www.sam.gov - is required by the close date of this Request for Quote (RFQ).

Sub-contracting is limited per 52.219-14

Questions pertaining to this RFQ are to be submitted in writing to csweeney@blm.gov at least

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Connie Sweeney

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

five working days prior to the closing date.

Period of Performance: 05/01/2015 to 04/30/2018

00010 Malta Janitorial Base Year

Period of Performance: 05/01/2015 to 04/30/2016

00020 Malta Janitorial Option Year #1

(Option Line Item)

04/30/2016

Period of Performance: 05/01/2016 to 04/30/2017

00030 Malta Janitorial Option Year #2

(Option Line Item)

04/30/2017

Period of Performance: 05/01/2017 to 04/30/2018

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

Malta Janitorial Clauses and Provisions - Page 1 of 13

Document Contains:

Quote Instructions Vendor’s Conference Authorities and Delegations Acceptance Electronic Invoicing and Payment Requirements Personnel Qualifications and Security Requirements Clauses and Provisions

Quote Instructions Small Business Set-aside. All offerors are required to be registered and active in System for Acquisition Management at www.sam.gov (52.204-7) by the closing date of this RFQ to be eligible for award. If assistance is needed, please go to http://www.aptac-us.org/new/ to find a Procurement Technical Assistance Center (PTAC) near you. SAM registration and help from a PTAC is FREE.

A complete quote package must include:

___Standard Form 1449 ___Value Schedule (attached) ___Past Performance Questionnaire (attached) ___52.212-2 Evaluation of Commercial Items Requirements (below) ___Acknowledgement of all amendments associated with this solicitation should they be issued

To submit your quote package, there are a number of options:

--- FAX: 406.538.1994

--- EMAIL: csweeney@blm.gov --- MAIL: BLM Central Montana DO, ATTN Connie Sweeney, 920 NE Main, Lewistown

MT 59457

--- INTERNET: www.Fedconnect.net

With each option, a follow up call to 406.538.1932 to confirm receipt of quote is highly recommended.

Vendor’s Conference A Site Tour has been scheduled: refer to the block titled “Vendor’s Conference” on the left hand of the Opportunity page in FedConnect for more information. All quoters are encouraged to familiarize themselves with the project location and site conditions before quoting.

Authorities and Delegations

Malta Janitorial Clauses and Provisions - Page 2 of 13

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer may designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence.

Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than

Malta Janitorial Clauses and Provisions - Page 3 of 13 the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk. (End of clause)

Acceptance Final inspection and acceptance of all items/services to be delivered under this contract shall be the responsibility of the Contracting Officer and is subject to verification by the receiving office. Final payment may be withheld pending completion of any necessary rework by the Contractor.

Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) All payment requests under this contract/order must be submitted electronically through the U.S. Department of the Treasury Invoice Processing Platform system (IPP). The U.S. Department of the Treasury Financial Management Service (FMS), in partnership with the Federal Reserve Bank of Boston (FRBB), a fiscal agent of the U.S. Treasury, is offering the IPP service for use by Federal government agencies and their suppliers at no charge. The IPP facilitates the conversion of paper-based processes to electronic interactions by providing a Web-based portal for easy data access at no charge to Agencies and their contractors.

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. The IPP website address is: https://www.ipp.gov

The Contractor must use the IPP website to enroll, access, and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting office prior to award.

Under this contract, an itemized invoice is required to be submitted as an attachment to the IPP invoice. Deliverables are to be received and accepted prior to payment. Invoices submitted prior to acceptance may be rejected.

Individual(s) assigned to this project will have unsupervised access to a government facility. Background investigations ARE required per HSPD-12.

Personnel Qualifications and Security Requirements:

Malta Janitorial Clauses and Provisions - Page 4 of 13

Performance of this contract requires contractor personnel to have a Federal government-issued personal identification card before being allowed unsupervised access to a DOI facility. The Contracting Officer’s designated representative will be the sponsoring official and will make the arrangements for personal identity verification and card issuance.

Within five working days of award, the Contractor will identify all contractor and subcontractor personnel who will require physical access for performance of work under this contract. The Contractor must make their personnel available at the place and time specified by the designated representative in order to initiate screening and background investigations. The form used to initiate the credentialing process is attached. To locate a USAccess Credentialing Center, go to http://www.fedidcard.gov/centerlocator.aspx.

Contractor employees are required to give, and to authorize others to give, full, frank, and truthful answers to relevant and material questions needed to reach a suitability determination. Refusal or failure to furnish or authorize provision of information may constitute grounds for denial or revocation of credentials.

Government personnel may contact the contractor personnel being screened or investigated in person, by telephone or in writing, and the Contractor agrees to make them available for such contact.

Alternatively, if an individual has already been credentialed by another agency through OPM, and that credential has not yet expired, further investigation may not be necessary. Provide the designated representative with documentation that supports the individual’s status.

During performance of the contract, the Contractor will keep the designated representative apprised of changes in personnel to ensure that performance is not delayed by compliance with credentialing processes. Cards that have been lost, damaged, or stolen must be reported to the designated representative and Issuing Office within 24 hours. Replacement will be at the contractor’s expense. If re-issuance of expired credentials is needed, it will be coordinated through the designated representative.

At the end of contract performance, or when a contractor employee is no longer working under this contract, the Contractor will ensure that all identification cards are returned to the designated representative.

This requirement must be incorporated into any subcontracts that require subcontractor personnel to have routine and regular unsupervised access to a Federally controlled facility for more than 180 calendar days or unsupervised access to a Federally controlled Level 3 or 4 information system.

CLAUSES AND PROVISIONS

http://www.fedidcard.gov/centerlocator.aspx

Malta Janitorial Clauses and Provisions - Page 5 of 13

The following provisions and clauses apply to this procurement. The full text of referenced provisions and clauses may be accessed electronically at http://www.acquisition.gov/far.

Clauses

52.204-9 Personal Identity Verification of Contractor Personnel

52.204-13 System for Award Management Maintenance

52.204-16 Commercial and Government Entity Code Reporting

52.212-4 Contract Terms and Conditions - Commercial Items

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items

In addition to the clauses in paragraph (a), the following clauses apply under paragraph (b);

52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). (Above $30K) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). (All) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

(All) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). (All) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14) 52.219-28, Post Award Small Business Program Re-representation (Jul 2013) (15 U.S.C. 632(a)(2)). (All) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (All) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). (Supplies) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). (All) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (All) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793). ($15K<) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). (All) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83). (All Supplies under $25K)

Malta Janitorial Clauses and Provisions - Page 6 of 13

52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (All) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332). (All)

Under paragraph (c) the following clauses apply;

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

52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

http://www.cpms.osd.mil/Content/AF%20Schedules/survey-sch/083/083R- 16Sep2014.html

Housekeeping Aide I – 11121 … WG-1 … $11.20 Housekeeping Aide II – 11122 … WG-2 … $12.68 Janitorial – 11150 … WG-2 … $12.68 Window Cleaner – 11330 … WG-3 … $14.16 Gardener – 11090 … WG-6 … $18.64 Laborer, Grounds Maintenance – 11210 … WG-3 … $14.16 Pest Controller – 11270 … WG-7 … $20.08

(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 (Apr 2010) (41 U.S.C. 3509).

http://www.cpms.osd.mil/Content/AF%20Schedules/survey-sch/083/083R-16Sep2014.html http://www.cpms.osd.mil/Content/AF%20Schedules/survey-sch/083/083R-16Sep2014.html

Malta Janitorial Clauses and Provisions - Page 7 of 13

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($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 (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)

(viii) 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.

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

(x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(xi) 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).

(xii) 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).

(xiii) 52.222-54, Employment Eligibility Verification (AUG 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xv) 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.

(xvi) 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)

52.217-5 Evaluation of Options

52.217-8 Option to Extend Services (10 business days advance notice)

52.217-9 Option to Extend the Term of the Contract

(a) The Government may extend the term of this contract by written notice to the Contractor within thirty (30) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the Government to an extension.

Malta Janitorial Clauses and Provisions - Page 8 of 13

(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 five years. (End of clause)

52.219-14 Limitations on Subcontracting (Nov 2011)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to--

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) concerns;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) concerns; and

(3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for --

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies).

The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees. (End of Clause)

If proposing subcontracting, a sub-contracting plan and pre-approval from the Contracting Officer is required.

52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

(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.

Malta Janitorial Clauses and Provisions - Page 9 of 13

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 2902.10 et seq.). For example, some USDA-designated items such as mobile equipment hydraulic fluids, diesel fuel additives, and penetrating lubricants are excluded from the preferred procurement requirement for the application of the USDA-designated item to one or both of 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.usda.gov/biopreferred. (End of clause)

52.223-3 Hazardous Material Identification and Material Safety Data

52.223-11 Ozone-Depleting Substances

(a) Definition. Ozone-depleting substance, as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C.

7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:

Warning: Contains (or manufactured with, if applicable) *_____, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s). (End of clause)

52.223-17 Affirmative Procurement of EPA Designated items in Service and Construction Contracts

52.224-1 Privacy Act Notification

52.224-2 Privacy Act

52.237-2 Protection of Government Buildings, Equipment, and Vegetation

52.242-15 Stop-Work Order

52.245-1 Government Property

52.245-9 Use and Charges

Malta Janitorial Clauses and Provisions - Page 10 of 13

52.246-4 Inspection of Services—Fixed-Price

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default. (End of clause)

Provisions

52.204-7 System for Awards Management

52.212-1 Instructions to Offerors – Commercial Items

52.212-2 Evaluation – Commercial Items

Malta Janitorial Clauses and Provisions - Page 11 of 13

(a) 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, past performance, and other factors considered.

Past performance will be based on the Contracting Officer’s previous knowledge, the information obtained by contacting provided references, relevancy of experience for the past three years, and other reasonable sources.

Contract Performance Plan: This is to include the following:

Brief history of the organization’s activities contributing to the development of expertise and capabilities related to this contract’s requirements. Include how employees are trained and the turn-over rate within the past three years.

Quality Control Plan per 52.246-4. In addition to describing your inspection system and record keeping, include a 12-month schedule of all periodic services showing by date when those services will be performed. Periodic services refer to services to be performed monthly, twice yearly, annually, and seasonally. If necessary, adjustments to this schedule may be made after award by mutual agreement.

Supply List per Part 5 of the Performance Work Statement: The use of “green” or environmentally friendly products is required. Should a “green” product not be available or considered sub-par for a specific purpose, include a justification for the proposed product and include the related Material Safety Data Sheet (MSDS). References include 52.223-2, 52.223-3 and 52.223-17 and the attached “Green Product Information” and “Miscellaneous Product Information”.

The government has the right to approve or reject any supply with a request for a substitute.

Equipment List per Part 5 of the Performance Work Statement: Include make, model, and year of equipment to be used on the job site. If equipment will be rented, indicate that on the list.

Employee/Project Supervisor List: Include names and a brief resume for each.

Identify responsibilities.

Discuss the use of sub-contractors (if applicable). If sub-contractors are used, their responses to the above quote requirements are to be included in the quote package.

Quote Package Requirements:

Past Performance Questionnaire Contract Performance Plan Sub-contracting Form.

If sub-contracting is contemplated …

Malta Janitorial Clauses and Provisions - Page 12 of 13

Sub-contracting Plan. Plan is subject to Contracting Officer approval prior to award.

The Government intends to evaluate proposals and make award without discussions

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision)

52.222-22 Previous Contracts and Compliance Reports (see Value Schedule)

52.223-1 Biobased Product Certification. (DEC 2007) 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 2902, 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. (End of provision)

52.223-4 Recovered Material Certification. (MAY 2008) As required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C.

6962(c)(3)(A)(i)), the offeror certifies, by signing this offer, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements. (End of provision)

52.225-2 Buy American Certificate

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS)

Malta Janitorial Clauses and Provisions - Page 13 of 13 item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(b) Foreign End Products: Provide Country of Origin, if applicable, on the Value Schedule.

(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. (End of provision)

52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification

52.237-1 Site Visit