RFQ Huron Manistee.docx

SECTION B –

Schedule of Items:

The Government intends to award a fixed price contract for a base period and four option years as indicated below. The estimated start date is June 07, 2021. Please indicate the fixed price for each period of the contract in the schedule below. Price should be inclusive of all supplies and services as outlined in the Statement of Work. All labor costs must be in compliance with the attached Federal Wage Determination. Dwelling #1 and #2 are optional. The offeror may offer varying prices for option years.

Schedule of Items/Price Schedule

June 07, 2021 – June 06, 2022

June 07, 2022 – June 06, 2023

June 07, 2023 – June 06, 2024

June 07, 2023 – June 06, 2024

June 07, 2024 – June 06, 2025

October – November

October - November

Total Base and all Options:

* By submitting the offer, the Contractor agrees to all terms, conditions, clauses, and provisions included in the solicitation and agrees to furnish any awarded items at the price set in the schedule. The offer is valid for 30 after the closing date of the solicitation unless a formal extension is granted by the contractor.

Description of Requirement

USFS - Mio Administration Complex Performance Work Statement

Mio Ranger District Buildings and Janitorial Service Descriptions:

Except as noted under Government-furnished Property, the Contractor shall provide all management, tools, equipment, labor, supplies, incidentals, permits and license necessary to ensure custodial services are performed at the Mio Administration Complex in a manner that will maintain a satisfactory facility condition and present a clean, neat and professional appearance.

1. Main Office Building:

The main office building is two story. Each floor is approximately 10,000 sq. feet. Office interior contains six multi-stall bathrooms, three private offices, five enclosed multiple larger open spaces rooms that contain multiple workstations. Building flooring components vary from tile, laminate and carpet floors. This building’s janitorial services would need to be accomplished as outlined below. Do not clean any employees’ desks or any locked door rooms unless approved by COR and negotiated upon.

Daily (Monday – Friday):

All bathrooms:

• Wash and sanitize all hard surfaces, including toilet fixtures, seats and urinals.

• Clean and polish wash basins.

• Clean mirrors, paper towel holders, dispensers and fixtures.

• Remove splatters around wash basins and urinals.

• Empty trash receptacles. All trash will be placed in plastic bags and placed in trash dumpster. Replace with new plastic liners.

• Treat wash basins, toilets, urinals and sinks with suitable scale removers, germicide and deodorant.

• Fill soap, toilet paper, hand towel and toilet seat cover dispensers.

• Damp mop and sanitize floors in rest rooms.

Lower level break room, upper level break area, large conference room:

• Clean, sanitize and polish drinking fountains.

• Thoroughly clean break room tables, countertops and floors.

• Wash and sanitize all sinks and counter areas.

• Wipe down tables, chairs and bar area.

• Sweep and damp mop floors

• Empty trash receptacles. All trash will be placed in plastic bags and placed in trash dumpster. Replace with new plastic liners.

• Clean sink area in large conference room.

Three times a week (Monday/Wednesday/Friday):

• Clean all conference tables with CDC approved cleaners.

• Vacuum exposed carpet area in carpeted office rooms and carpet runners at the entry doors. This includes offices, lobby, main conference rooms, mailroom and library.

• Dust counter tops and display cabinet tops.

• Sweep and mop vinyl and tile floors (hallways), including the front visitor area.

Once a week:

• Spot clean walls throughout the main office when needed.

• Clean all glass in entry doors and windows.

• Empty trash receptacle in front of main building, when needed.

• Clean stair railings and stairs.

• Clean all interior doors.

• Scrub mop sink and clean janitor closet.

• Wash and sanitize trash receptacle in break room area.

• Sanitize and disinfect all mops and rags.

Once a year:

• Clean windows inside and out. Clean window blinds.

2. Additional Building #1 (heated warehouse):

The building janitorial work would encompass cleaning two bathrooms, one office lab area, entrance doorway, hallway and locker room. Shop and Engine Bay are not included in the custodial service work. Do not clean any employees’ desks, lockers, locker doors, or any locked door rooms unless approved by COR and negotiated upon.

Daily (Monday – Friday):

Bathrooms:

• Wash and sanitize all hard surfaces, including toilet fixtures, seats and urinals.

• Clean and polish wash basins.

• Clean mirrors, paper towel holders, dispensers and fixtures.

• Remove splatters around wash basins and urinals.

• Empty trash receptacles. All trash will be placed in plastic bags and placed in trash dumpster. Replace with new plastic liners.

• Treat wash basins, toilets, urinals and sinks with suitable scale removers, germicide and deodorant.

• Fill soap, toilet paper, hand towel and toilet seat cover dispensers.

• Damp mop and sanitize floors in rest rooms.

Rest of the building:

• Clean, sanitize and polish drinking fountains.

• Wash and sanitize all sinks and counter areas.

• Wipe down tables and chairs and benches in locker area.

• Empty trash receptacles. All trash will be placed in plastic bags and placed in trash dumpster. Replace with new plastic liners.

• Clean sink area in lab area.

Three times a week (Monday, Wednesday and Friday)

• Vacuum entry rug runners.

• Sweep and damp mop vinyl tile floors.

• Clean all conference tables with CDC approved cleaners.

• Wash and sanitize shower area in both restrooms, in Fire warehouse.

Once a week:

• Spot clean walls throughout the warehouse when needed.

• Clean all glass in entry doors and windows.

• Clean all interior doors.

• Check exterior of cabinets in lab area in warehouse and wipe if needed.

Once per year:

• Clean windows – inside/outside. Clean window blinds.

All above listed and approved janitorial work would be overseen by the designated Forest Service Contracting Officer Representative (COR).

Any additional (optional) building janitorial work request would be initiated through or by the Forest Service. Prices for additional (optional) work would first need to be agreed upon between both parties.

Approval to proceed would only be given, in writing, by the Forest Service Contracting Officer (CO) before work commences.

3. Building Security:

The Contractor shall be responsible for safeguarding all Government property. At the end of each work period, all Government facilities, equipment, and materials shall be secured. The Contractor shall double check all doors at the end of each service visit. Lights and fans in bathrooms shall be turned off.

4. Government Furnished Property:

Dumpster for trash and refuse disposal. Water from existing sources. Electricity from existing sources.

5. Emergency or Special Event Cleaning Services:

Upon notification of the COR, the contractor shall perform emergency or special event cleaning required in any building, area, or room covered under this contract or area as designated by the COR. These services will be based on a daily rate and will be billed separate from this contract. Submit invoice to COR for other form of payment. (credit card or check). Should services not be required for an entire day, the contractor will be guaranteed a prorated payment of a minimum of 3 hours (unless the work was not performed in a satisfactory manner). The contracting officer shall order cleaning services through the issuance of a statement of required services per the line item on the contract at which time the contractor will provide a total price for that service which efficiently uses the bid price per day on the original contract for the appropriate and required work task(s). Most services will not require more than 1 day of additional work. The COR (contracting officer representative) will notify the contractor as soon as a special event requirement is known, but no less than 24 hours prior to the event. For emergency services, the contractor shall begin emergency work, at such time as determined by the COR (but no later than 24 hours after notification). Notification may be verbal. A completion schedule shall be determined for each requested special or emergency work. Should the contractor be unable to provide the service, he/she must notify the COR immediately and may refuse the work. In addition, this line item does not guarantee the work to the contractor and does not preclude Government from seeking the same service from another contractor.

6. Miscellaneous Requirements:

A. Lights shall be used only in areas where and at the time when work is being performed.

B. Mechanical equipment controls for heating, ventilation, and air conditioning systems shall not be adjusted by the workers.

C. Water faucets or valves shall be turned off after the required usage has been accomplished.

D. Windows shall be closed, and lights and fans turned off when not in use.

E. Organize and train employees to participate in building fire drills. Training shall include all emergency procedures as identified by the Contracting Officer’s Representative.

F. Report hazardous conditions and items in need of repair to the COR.

G. Lock rooms in security areas after cleaning. These areas will be identified by the COR. Do NOT unlock any rooms to clean if they are locked.

H. Close doors and lock rooms as required in all areas after cleaning.

I. Turn in lost and found articles to the COR.

J. A copy of the Mio Ranger District Safety and Security Management Direction will be provided to the contractor.

7. General Policies and Procedures:

A. Contractor’s vetted staff shall sign in each day or work period at the designated area identified and approved by the COR. The contractor will be responsible for the employees providing all information required on each form. There will be a sign in sheet at the east entrance to the building (parking lot entry door).

B. Only contractor’s staff will be permitted in the buildings during designated cleaning hours. Guests, children, pets, or children of the staff will not be permitted in the facilities.

C. The contractor shall require all employees to report for work wearing professional standards: neat, clean, and appropriate uniform clothing.

D. The contractor shall prohibit employees from distributing papers on desks, drawers, cabinets, or using the telephone or office equipment for Government use.

The contractor and contractor’s employees are required to comply with the policies, procedures, and all federal regulations pertaining to conduct and building regulations as provided by the COR.

E. The contractor shall provide a list of all employee names five days prior to the starting date for this contract. If or when the contractor has a change in employees, the contractor shall furnish an updated list of the new employees to the COR and Contracting Officer.

F. The contractor shall not make a change in requirement of the contract SOW or Matrix without discussing with the Contracting Officer and the COR. All changes shall require approval from the COR and the Contracting Officer.

G. Route all changes and modification requests for pertinent details within these special instructions to and through the COR to the Contracting Officer.

8. Hours of Operation:

The contractor shall perform most of the work between the hours of 6:00 pm and 6:00 am, on the days provided in the Schedule Table and on the days agreed upon between the Contractor and the COR, Monday through Sunday. The only exclusion to these days will include all Federal Holidays or days designated by Federal Statute, Executive Order, or Presidential Proclamation.

Exceptions to these normal duty hours are Government personnel observant listed holidays:

• New Year’s Day – 1st Day of January

• Martin Luther King, Jr. Day – 3rd Monday of January

• President’s Day - Last Monday of May

• Independence Day – 4th of July

• Labor Day – 1st Monday of October

• Veteran’s Day – 11th Day of November

• Thanksgiving Day – 4th Thursday of November

• Christmas Day – 25th of December

• Any other day designated by Federal Statute, Executive Order, or Presidential Proclamation.

When a holiday falls on a Saturday, the preceding Friday is observed. When a holiday falls on a Sunday, the following Monday is observed. Observance of such days by Government personnel shall not by itself be cause for an additional period of performance or for entitlement of compensation, except as set forth within this contract. The Government reserves the right to close its facilities due to weather conditions or medical emergencies as necessary. If the office is closed due to inclement weather or for any other reason, the COR will notify the contractor as soon as the closure is known.

9. Contractor Representative:

The Contractor shall provide a Contract Representative for the performance of the work. The name of this person and an alternate(s) who shall act for the Contractor when the Contractor is absent shall be designated in writing to the Contracting Officer. The Contractor Representative or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contractor Representative and alternate(s) must be able to read, write, speak, and understand English.

10. Conduct of Contractor Employees:

Each employee is expected to adhere to standards of competency, conduct, appearance, and integrity that reflect credit to the employee, the contractor, and the Government. The contractor shall be responsible for such disciplinary action with respect to their employees as may be necessary. The contractor shall report in writing to the COR the following workday any termination of contract personnel and the cause of such termination.

Contactor personnel shall comply with safety rules and all other regulations and instructions pertaining to conduct of persons on Government facilities. Contractor personnel shall not disturb papers on desks, open desks, or cabinets nor use telephones or office equipment that are not provided for official business transaction purposes. Contractor personnel shall adhere to conservation policies and turn off lights in unoccupied areas, close all exterior doors, unless otherwise directed.

Contractor personnel shall, in no event, enter any area to which access is restricted, unless such an area has been specifically identified as an area in which services are to be rendered. The contractor shall place their employees on notice that infraction of any of the above rules, regulations, or prohibitions may be grounds for removal from Government property.

11. Quality Control Plan (QCP):

The contractor shall develop and maintain a quality program to ensure services are performed in accordance with commonly accepted commercial practices, manufacturers’ recommendations, this contract, and all federal, state, and local laws and regulations. The contractor shall develop and implement procedures to identify, prevent, correct, and ensure no recurrence of defective services. The contractor shall provide a copy of the quality control plan to the contracting officer no later than the pre-work conference and updated copies as changes occur. Records of all inspections conducted by the contractor and corrective action taken shall be made available to the government upon request.

11. Quality Assurance (QA):

-Inspection:

The Government may inspect contract services using a variety of methods however, the primary means of inspecting all types of work is the periodic method. The Government shall inspect and evaluate the Contractor’s performance to ensure services are received in accordance with the requirements set forth in the contract. The COR may inspect by watching actual task performance, physically checking a completed task, checking a management information report; investigating customer complaints; conferring with building occupants/managers; or any combination of the above; or otherwise inspecting the task or its results to determine whether or not performance meets the standards contained in this PWS. The government may increase or decrease the number of quality assurance inspections as performance dictates. The government will also receive and investigate complaints from various customers. Performance meetings may be held regularly or as requested by the contracting officer, the COR, or contractor. Services can be terminated for poor performance.

--Government Surveillance: The Government will monitor the Contractor's performance under this contract using the method(s) of surveillance specified in this PWS. The COR will monitor the Contractor’s performance on behalf of the Government. All monitoring observations will be recorded by the Government. When an observation indicates defective performance, the COR will request the Contractor's representative to confirm defective work and perform corrective work as needed. The Government may also perform a visual inspection of the Contractor’s inspection results. The Contractor shall be required to rework the effort until the performance standard is achieved, or a payment deduction could be taken.

---Surveillance Methods ----Periodic Surveillance: This method requires the COR to employ a “spot check” style of evaluation based on the Contractor’s cleaning schedule. Any deficiency shall be documented, and the Contractor shall re-perform the service, if appropriate, at no increase in contract amount.

----Customer Complaints: The COR will receive and investigate complaints. The COR shall be responsible for initially validating customer complaint. The Contracting Officer shall make the final determination of the validity of customer complaint’(s) in cases of disagreement with the COR and the Contractor. Any validated customer complaint shall be documented, and the Contractor shall re-perform the service, if appropriate, at no increase in contract amount.

12. Biobased Products:

In the performance of this contract, the Contractor shall make maximum use of biobased products (see FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013), unless the product cannot be acquired – Competitively within a time frame providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price.

A. Chemical Products-

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA); Food, Conservation, and Energy Act of 2008; Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” EO 13514, “Federal Leadership in Environmental, Energy, and Economic Performance;” and the Federal Acquisition Regulation to provide biobased products.

All custodial cleaning products used shall be biobased and meet as a minimum, Green Seal Product Standards (http://www.greenseal.orgl). Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content standards as listed below:

58% - Minimum Biobased Content

Contractor shall provide a list of all chemical products proposed for use under this contract to the COR for review and approval prior to use. If it is determined that a product does not meet Government performance requirements, the Contractor shall submit a proposed alternative that would meet the performance requirements with the lowest environmental impact for evaluation and acceptance. Any products currently in use that do not meet minimum biobased standards shall be replaced once the current supply is exhausted. The Contractor shall not use any materials, chemicals, or compounds which the COR determines would be unsuitable for the intended purpose or harmful to the surfaces to which applied or, as might be the case for such items as paper or soap products, unsatisfactory for use by occupants.

The Contractor shall maintain the smallest possible inventory of chemical products as necessary to meet immediate needs. All chemical containers will have the appropriate label, tag or marking prominently displayed that indicates the identity, safety and health hazards. The label used to identify the product must be identical to the product name on the safety data sheets (SDS).

NO UNLABELED CHEMICALS ARE PERMITTED FOR USE ANYWHERE WITHIN THE FACILITY. NO UNLABELED CONTAINERS ARE PERMITTED.

USE OF PORTABLE CONTAINERS IS PERMITTED BUT MUST BE PROPERLY LABELED.

At the start of the contract, the Contractor shall provide the COR of an inventory of all cleaning products and chemicals to be used and stored on the premises. The inventory shall include the following information and shall be updated when product(s) are added or removed from use:

1. Name of manufacturer

2. Brand Name

3. Intended Use

4. Chemical Trade Name

5. Quantities stored on-site and location of storage area

6. Copies of the product(s) (SDS) Safety Data Sheets

B. Non-Chemical Products-

The Contractor shall maintain an inventory of non-chemical products necessary to meet the needs for at least two (2) weeks. All non-chemical products proposed for use under this contract must conform to the Environmental Protection Agency (EPA) Comprehensive Procurement Guidelines (CPG) (http://www.epa.gov/cpg) for recovered (Recycled) content, if the products are CPG-designated items. Requirements for bathroom tissue, paper towels, and trash bags are explicitly stated below:

consumer fiber

For non-chemical products that are not CPG-designated, it is desirable for those products to meet the desired objective (e.g., ability to clean effectively) and contain the highest-possible amounts (by percentage) of recovered material(s) and post-consumer content, unless specific content requirements are set by the Forest Service. Additional information on recycled content products is available at the California Integrated Waste Management Board's Recycled-Content Product Directory webpage (http://www.ciwmb.ca.gov/rcp/).

C. Equipment-

The Contractor shall furnish all necessary cleaning equipment including: power-driven floor-scrubbing machines, waxing and polishing machines, vacuum cleaners, protective gloves, safety glasses, and any other safety equipment needed to execute the contract. If available, equipment utilized under this contract shall be Energy Star qualified or meet the Department of Energy's Federal Energy Management Program (FEMP) Energy-Efficient product requirements.

All equipment shall be of the size, type, and condition customarily used in this work, shall conform to all applicable safety codes, and shall meet the approval of the COR. All vacuum cleaners shall be equipped with High Efficiency Particulate Air (HEPA) filters able to trap at least 99.97 percent of all particles 0.3 microns in size and larger that are collected by the vacuum cleaner. All vacuum cleaners used during normal office hours (7 a.m. to 6 p.m.) shall be rated to produce noise levels no greater than 65 dB (average) at a distance of 6' 6" from the unit.

The Contractor is responsible for maintaining all equipment in good working order, in accordance with manufacturer recommendations. HEPA filters in vacuum cleaners will be changed on a regular basis in accordance manufacturer specifications so as to maintain optimal performance. Any defective equipment shall be brought to the attention of the COR within two hours of knowledge by the Contractor and repaired or replaced at the Contractor's expense within 72 hours.

D. Reporting Requirement-

In accordance with FAR 52.223-2, Contractors are required to report their purchases of biobased products for each contract using the reporting portal within the System for Award Management (SAM) at http://www.sam.gov.

- Reporting must be completed by the end of October for the previous entire fiscal year (October 1 - September 30).

13. Other Requirements:

All items are contained in this subsection are required to be provided by the contractor by the listed deadline and are subject to penalties for delinquency:

No later than post award conference

Contractor Quality Control program Written submission of program

No later than 5 days prior to starting date of contract

All contracted employees must go through the identity proofing and registration process, and must have been successfully identity proofed, and have a successfully adjudicated NACI or OPM/NS BI to serve on the contract.

Location Huron-Manistee National Forests Mio Ranger Station 107 McKinley Road, Mio, MI 48647. The District office is about 1 mile north of Mio, east of M-33. First driveway on the road, north side.

SECTION C - CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at: https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

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

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

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause– “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

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.

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…