RFQ_1240BK21Q0116.docx

Solicitation Number: 1240BK21Q0116 Grounds Maintenance Bly Ranger District-Fremont-Winema N.F.

GROUNDS MAINTENANCE SERVICES

Bly Ranger Station Fremont-Winema National Forest

Grounds Maintenance Services for the Bly Ranger Station as listed in the attached specifications.

Month

05/15/2022 thru 10/15/2022

05/15/2023 thru 10/15/2023

05/15/2024 thru 10/15/2024

TOTAL QUOTE, BASE AND OPTIONS

ALL QUANTITIES ARE ESTIMATED

SECTION C – DESCRIPTION /SPECIFICATIONS/WORK STATEMENT

C-1 General Specifications

1.1 General

It is the scope of this contract to secure grounds maintenance services for the Bly Ranger Station in strict compliance with the terms, specifications, conditions, and provisions contained herein. This contract is anticipated to be a BASE PLUS THREE Option Years contract with the Base year commencing approximately 07/01/2021 with the possibility of three option years to follow and ending approximately on 10/15/2024.

The regular services shall be performed at frequencies determined by the Government.

The Contractor MUST have established, experienced grounds maintenance staff for this location, prior to contract award.

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

C-1.2 Scope of Contract

It is the purpose and intent of this request for quotations for grounds maintenance services for the Bly Ranger Station. This is anticipated to be a 4 year seasonal contract, the Base Year commencing approximately 07/01/2021 with three option years, ending approximately 10/15/2024.

The Contractor shall furnish all labor, equipment, supplies (except those designated as Government-furnished), and supervision for the performance of grounds maintenance services in accordance with these specifications.

C-1.3 Description and Location

Bly Ranger Station US Forest Service 61100 Hwy 140 Bly, OR 97622 Business Hours 0745-1630 M-F

The project includes all areas within the fenced boundaries around the Bly Ranger Station offices (from the south edge of Highway 140) including a small area along Highway 140 outside the fence. The combined areas for mowing and trimming are approximently 2.69 acres. See List of Attachments, Section J. Quters are encouraged to visit the site and ascertain actual combined size and acres of lawns and trimming areas.

C-1.4 Safeguarding Premises

All reasonable precautions shall be taken to prevent loss or damage to Government buildings or property. The Contractor, during the course of work, shall not permit entry into the compound by any unauthorized personnel. The Government will not be responsible for damage to any of the Contractor’s equipment, supplies, or materials.

C-1.5 Service Schedule

A. The Contractor shall perform services at any time within the following times unless the Government grants approval of time deviations.

(a) Monday through Friday. The Contractor shall perform all services between 4:30 pm and 9:00 pm.

(b) Saturday and Sunday services shall be performed between 7:00 am and 9:00 pm.

B. In the event services are not provided or required because the facility is closed due to inclement weather, unanticipated holidays declared by the President, failure of Congress to appropriate funds, etc., the CO shall either:

a) Direct the Contractor to perform the work contractually specified over a number of immediately subsequent day(s) equal to the duration of the shutdown, or

b) Reschedule the work on day(s) satisfactory to both parties. Except as noted in the schedule of work, work shall not be required on the following holidays:

B. All work under this contract shall be performed in a skillful and workman-like manner.

D. The Contractor shall immediately report hazardous conditions and items needing repairs (leaking faucets, etc.) to the COR.

C-1.6 Damage

Building, landscaping, fencing, sprinkler systems, property, and any other improvements damaged due to the Contractor’s operations shall be replaced or restored to a condition not less than that existing prior to the damage immediately and without cost to the Government. All hoses, sprinklers, and private property (belonging to both Government and tenants of

Government-owned buildings) shall be removed prior to any treatments and returned to their original positions upon completion of the treatments. Misuse or abuse of Government property may be reason for default action under the terms of the contract.

The Contractor shall assume all risk of loss or damage to his/her equipment and injury to himself/herself or his/her employees, and shall hold and save the Government and it’s employees harmless from liability of any nature or kind resulting from performance of this contract, except for the negligent acts of government employees.

The Contractor shall be responsible for all damage to property and to persons, including third parties, that occur as a result of his/her agen’s or employee’s fault or negligence. The term “third parties” is constured to include employees of the Government.

C-2 Work Statement

A. Startup and Shutdown:

The Growing season is approximately from May to October, adjustments in start up and shut down time may be determined by the COR. Contractor is responsible for the preparation of lawns and other mowing and trimming areas where leaves and other debris accumulate over the winter and off season. Removal of leaves and debris is necessary to perform the required duites of the contract. Some placement, removal and storage of hoses and sprinklers (supplied by the government) may also be involved in the start up and shutdown procedures of this contract.

B. Vegetative Services:

1. The Contractor shall mow all lawn areas within the contract boundaries to maintain a height of from 2 to 3 inches. Precautions shall be taken during mowing to prevent windrows and clumps of vegetation. All grass shall present a well-groomed appearance at all times.

2. The Contractor shall trim around trees and shrubs without taking the bark off. The Contractor shall also trim around sprinkler heads, fences, monuments, flagpoles, walls, etc. Trimming shall be accomplished each time the grass is cut. All vegetative growth shall be trimmed to the same height as for grass cutting.

3. The Contractor shall control or eradicate all weeds and vegetative growth in all areas not specified as lawn, but within the contract area. Easements outside fenced areas are considered part of this contract. Control shall be accomplished by mechanical means and shall be performed in a manner that presents a neat, well-maintained appearance.

4. The Contractor shall rake all lawn and vegetative areas so as to keep them free from leaves and debris generated by mowing, trimming and shed by trees. A self-mulching lawnmower may be one satisfactory approach and may be used with prior Government approval.

5. The Contractor shall edge all curbs, concrete walks, and driveway areas a minimum of once per month. Edging shall be performed in a manner that does not damage curbs, concrete walks, and driveway areas.

6. After each mowing operation, the Contractor shall verify that the automatic underground sprinkler system on the lower compound area is performing correctly and the heads are not damaged.

7. The Contractor shall bag, remove, and properly dispose of all vegetative matter created under this contract after each treatment.

8. The Contractor shall sweep all sidewalks upon completion of each mowing and trimming operation.

C. Watering Services.

The Contractor shall water all areas designated as mowing areas, unless otherwise specified by the Government. Watering shall be included in the price of the mowing. No separate payment will be made for watering. General watering of all other areas shall be as follows:

1. Watering shall be performed on all grounds specified as lawn areas, unless otherwise exempt (areas with automatic sprinklers). Automatic sprinklers may need adjustment by Contractor to meet watering requirements and water conservation.

2. Watering shall be done in a manner that assures a green growing lawn in all areas containing lawn. The watering of other vegetation shall be done in a manner that assures healthy vegetation.

3. Watering shall be done in a uniform manner and in such a way as to prevent runoff onto streets, parking areas, sidewalks, driveways, and drainage ditches. No surface shall be left covered by standing water upon completion of watering.

4. The Contractor shall water all lawn areas on the compound that are not covered by the automatic sprinkler system, this includes moving hoses and sprinklers on a regular basis. No additional payment will be included for this service.

5. Water conservation will be required in all areas to avoid excess water usage.

D. Fertilizing.

Two applications of fertilizer for the lawn around the Main Office shall be done each year. Applications shall be done in May and October. No additional payment will be included for this service.

BioPreferred Products, contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Exective Order (EO) 13423, “Strengthening Federal Environmental,Energy and Transportation Management. and the Federal Acquisition Regulation to provide biobased products.

The contractor shall utilize products and materials made form biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting form 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).

The following is an example list of products that may be used in this contract for grounds maintenance for which biobased products are available. The list is not inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Fertilizers Dust suppressants 2-cycle engine oil lubricants Hydrolic fluids and greases

Biobased products that are designated for prefeerred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobases products such as biobased content.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name and manufacture, cost of each mateerial and the intended use of each of the materials that are to be used in carrying out the requirements of the contract.Additionally, the winning Contractor on each anniversary date of the contract shall compile a list of biobased products including the information above, purchased to carry out the contract requirements. The contractor shall list the volume to be used and the total cost for each individual product. This information will be used for reporting purposes.

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

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

Within thirity (30) days of contract award, the Contractor shall submit a Grounds Maintenance Plan.

This submittal shall be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing.

This plan shall be reviewed and updated annualy, and as required by the COR. The plan must contain and define the following elements.

1. Contractor’s written policy stating commitment to the use of biobased products, employee health and safety, and environmental practices.

2. Detail on how the Contractor intends to keep abreast of the development and increasing use of biobased products.

3. Proposed biobased ground maintenance products. At a minimum the Plan must identify

4. products by brand name for each product type.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

C-3 Government Furnished Property The Government shall provide: Keys and security access codes to the gates and buildings, five 50’ or greater watering hoses and five lawn sprinklers. Telephones shall not be used by the Contractor for any reason other than emergencies.

C-4 Service Calls A service call is a report by COR and the Contractor’s subsequent response to and correction of the problem. The COR will contact the Contractor with these reports. The Contractor shall develop and implement a system to receive, record, respond and track all service calls, trouble calls or other operational problems.

The Contractor shall be responsible for all service calls that pertain to this contract such as damaged sprinkler heads, water line leaks, etc. The Contractor shall correct any performance deficiency within 24 hours. In circumstances where a service call cannot be resolved within 24 hours due to circumstances beyond the Contractor’s control, the Contractor shall immediately notify the COR of the time and date corrective action will be completed and the reason it cannot be accomplished in a timely manner.

Service Call Log: The Contractor shall maintain a service call log in sufficient detail to enable the COR to determine whether services are complete in accordance with the terms of the contract. The service call log shall be available for inspection by the COR.

C-5 Conduct

5.1 General

All work under this contract shall be performed in a skillful and workman-like manner.

5.2 Specific Conduct

The following restrictions apply:

a. Smoking: All buildings are non-smoking buildings. The Contractor shall not smoke Inside the buildings.

b. Gambling: The Contractor shall not participate in games for money or personal property while on Government property.

c. Alcoholic Beverages and Narcotics: The Contractor shall not be under the influence of, use, or be in possession of any narcotic drug, hallucinogenic, marijuana, barbiturate, amphetamine, or alcohol while entering on or on Government property. This prohibition will not apply in cases where the drug is being used as prescribed for a patient by a licensed physician.

d. Soliciting or Vending: The Contractor shall not solicit or sell any items while on Government property.

e. Firearms: The Contractor shall not be in possession of any firearms in any of the buildings or grounds areas.

f. Pets: NOT ALLOWED

SECTION E – INSPECTION AND ACCEPTANCE

Objective

Mowing Mow all lawn areas within the contract boundaries. Maintain a height of from 2 to 3 inches. No windrows or clumps. All grass shall always present a well-groomed appearance.

Trimming Trim around all trees and shrubs. Each time the grass is cut, the contractor shall also trim around sprinkler heads, fences, monuments, flagpoles, etc. All vegetative growth shall be trimmed to the same height as for grass cutting (2 to 3 inches).

Weed Control With the same frequency as lawn mowing, control or eradicate all weeds and vegetative growth in all areas not specified as lawn, but within the contract area. Control shall be accomplished by mechanical means and shall be performed in a manner that presents a neat, well-maintained appearance.

Raking Lawns and vegetative areas shall be raked so as to remove debris and leaves leftover from mowing and shed from trees. A self- mulching lawnmower may be used with prior Governmental approval.

Edging Edge all curbs, concrete walks, and driveway areas. No less often than monthly, all specified above areas will be edged to keep those areas free from vegetative encroachment. Edging shall not cause damage to curbs, concrete walk, and driveways.

Disposal Bag, remove, and properly dispose of all vegetative matter created after each treatment. Treated areas will be free of all vegetative matter created after each treatment.

Sweeping Sidewalks shall be swept after completion of each mowing or trimming operation so as to be free of debris generated by contractor’s actions.

All services will be subject to weekly visual inspection by the COR.

All vegetative services will be subject to weekly visual inspection by the COR.

All performance standards are satisfactorily met. The Contractor shall correct any deficiencies within one week of notification by COR.

All performance standards are satisfactorily met. The Contractor shall correct any deficiencies within one week of notification by COR.

All performance standards are satisfactorily met. The Contractor shall correct any deficiencies within one week of notification by COR.

All performance standards are satisfactorily met. The Contractor shall correct any deficiencies within one week of notification by COR.

All performance standards are satisfactorily met. The Contractor shall correct any deficiencies within one week of notification by COR.

All performance standards are satisfactorily met. The Contractor shall correct any deficiencies within one week of notification by COR.

All performance standards are satisfactorily met. The Contractor shall correct any deficiencies within one week of notification by COR.

Sprinkler System After each mowing, verify that the automatic underground sprinkler system is performing correctly and that the sprinkler heads are not damaged.

Watering Watering shall be done in a manner that assures a green, lush, growing lawn and /or other vegetation in all areas containing lawn and /or other vegetation, always.

Areas designated as mowing areas (unless otherwise specified by the Government) shall be watered.

Watering shall be done in a manner that leaves no surface covered by standing water.

Watering Continued…..

All areas on the compound that are not covered by the automatic sprinkler system shall be watered using an alternate method. All areas on the compound that are to be watered under this contract will present a lush, green, growing appearance at all times.

All vegetative services will be subject to weekly visual inspection by the COR.

All watering services will be subject to weekly visual inspection by the COR.

Same as above.

All performance standards are satisfactorily met. The Contractor shall correct any deficiencies within one week of notification by COR.

All performance standards are satisfactorily met. The Contractor shall correct any deficiencies within one week of notification by COR.

Same as above.

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

ATTACHMENT DESCRIPTION NUMBER OF PAGES

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location

ALL QUANTITIES ARE ESTIMATED

(viii) 52.212-1 Instructions to Offerors – Commercial Items (JUN 2020) (Provision) Addenda to provision 52.212-1:

Addenda to paragraph 52.212-1(b) Submission of Offers:

1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/

2) Offers submitted in response to this solicitation shall include a technical proposal, a price proposal, and contractor representations and certifications.

3) Submit offer by email to amy.chapman@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Technical Proposal, Price Proposal, and Representations and Certifications) in Microsoft Word or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer from amy.chapman@usda.gov

4) Address questions about this solicitation to Rhonda Vickerman at 541-353-2713.

(ix) 52.212-2 Evaluation – Commercial Items (OCT 2014) (Provision)

(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

(b) Government, price and other factors considered. The following factors shall be used to evaluate offers:

Price AND Past Performance

(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.

(x) 52.212-3 Offeror Representations and Certifications – Commercial Items (FEB 2021) (DEVIATION JUL 2020) (Provision) If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2)The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(xi) 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION 2017-1 (AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JAN 2021) (DEVIATION JUL 2020)

(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 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

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

[Contracting Officer check as appropriate.] ☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (5) [Reserved].

☐ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101note).

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

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).

[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.

☐ (11)(ii) 52.219-3 Alternate I (Mar 2020) of 52.219-3.

☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (ii) Alternate I (Mar 2020) of 52.219-4.

☐ (13) [Reserved] ☒ (14) (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.

☐ (15) (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.

☐ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) of 52.219-9.

☐ (18) (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 ☐ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

[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.

☐ (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 (Mar 2020) (15 U.S.C. 657f).

[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.

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

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

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

[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) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).

[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.

☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

☒ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☐ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (DEVIATION JUL 2020) (E.O.13126).

☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

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

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

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

☒ (32) (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.

☐ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

☐ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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).

☐ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 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.)

☐ (37) (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.)

☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (40) (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.

☐ (41) (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.

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

☐ (43) (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.

☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

☒ (48) 52.225-1, Buy American-Supplies (Jan 2021) (41 U.S.C. chapter 83).

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021) (DEVIATION JUL 2020) (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, 19 U.S.C. chapter 29 (sections 4501-4732), 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) (ii) Alternate II (May 2014) (DEVIATION JUL 2020) of 52.225-3.

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

☐ (50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☐ (51) 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).

☐ (52) 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).

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

☐ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☐ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

☐ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (63) (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) 52.222-41, 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

☒ (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 Under Executive Order 13658 (Nov 2020).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

(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 (Jun 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

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

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (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.

(xiii) Additional Requirements/Terms and Conditions:

Clauses:

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 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 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b)If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c)The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4 years.

52.223-2 Affirmative Procurement of Biobased Products Under Service And Construction Contracts (SEP 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION APR 2020) (31 USC 3903 and 10 USC 2307)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.245-1 Government Property (JAN 2017) Alt 1 (APR 2012)

52.245-9 Use and Charges (APR 2012)

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

52.252-6 Authorized Deviations in Clauses (NOV 2020)

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

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.211-74 Period of Performance (FEB 1988) Base Period: Award thru October 15, 2021 Option Period 1: May 15, 2022 thru October 15, 2022 Option Period 2: May 15, 2023 thru October 15, 2023 Option Period 3: May 15, 2024 thru October 15, 2024 The period of performance of this contract is from award through October 2021 (Base) A post award conference with the successful offeror is required. It will be scheduled within _*___ days after the date of contract award. The conference will be held at *To be determined 452.228-71 Insurance Coverage (NOV 1996) Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance.