RFQ SF1449 12FPC421Q0019.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

FPAC-HQ-APD-NC

RALEIGH NC 27609

4407 Bland Rd. Ste. 117 Operations Branch FPAC Business Center

NRCS-PR-12F352 CODE 16. ADMINISTERED BYCODE

X

X

X

561720

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORFPAC-HQ-12FPC4

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/14/2021 1400 ET

05/26/2021

787-370-0562ORIEL VELEZ OLIVIERI

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12FPC421Q0019

5. SOLICITATION NUMBER

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

1 3 1038562OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

HATO REY PR 918

Suite 604

654 MUNOZ RIVERA AVENUE

USDA-NRCS-CARIBBEAN AREA OFFICE

15. DELIVER TO

WASHINGTON DC 20250

1400 INDEPENDENCE AVE SW, RM 6801-S

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$19.50

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FPAC BUS CNTR-ACQ DIV-OPS BRANCH-SE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The USDA NRCS Caribbean Area Office needs janitorial services for the Corozal Field Office in Puerto Rico located at 29 San Ramon St. Suite 2, Corozal, Puerto Rico. The space to service is approximately 1,968 square feet.

The Government anticipates the award of a firm fixed-price, commercial contract. Award will be made to the responsible offeror whose quote responds to the terms of the RFQ and is the Lowest Price Technically Acceptable (LPTA)

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

AMY D. STONEBRAKER

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

offer to the government.

It is expected that work will begin by July, 2021. The Government anticipates an award with a base and four option years, subject to the availability of funds.

Period of Performance: 07/01/2021 to 06/30/2026

0001 Janitorial Services Corozal Field Office 12 MO

Base Year

7/1/2021 - 6/30/2022

Period of Performance: 07/01/2021 to 06/30/2022

1001 Janitorial Services Corozal Field Office 12 MO

Option Year 1

7/1/2022 - 6/30/2023

(Option Line Item)

06/01/2022

Period of Performance: 07/01/2022 to 06/30/2023

2001 Janitorial Services Corozal Field Office 12 MO

Option Year 2

7/1/2023- 6/30/2024

(Option Line Item)

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

3 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12FPC421Q0019

06/01/2023

Period of Performance: 07/01/2023 to 06/30/2024

3001 Janitorial Services Corozal Field Office 12 MO

Option Year 3

7/1/2024 - 6/30/2025

(Option Line Item)

06/01/2024

Period of Performance: 07/01/2024 to 06/30/2025

4001 Janitorial Services Corozal Field Office 12 MO

Option Year 4

7/1/2025 - 6/30/2026

(Option Line Item)

06/01/2025

Period of Performance: 07/01/2025 to 06/30/2026

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

12FPC421Q0019

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United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS)

Corozal Field Office, Puerto Rico Janitorial Services

(i) This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the format in Subpart 12.603, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; QUOTES ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE

ISSUED.

(ii) Solicitation number 12FPC421Q0019 is issued as request for quotation (RFQ). The acquisition procedures at FAR Part 13.5 are being utilized.

The Government anticipates issuing a firm fixed price commercial services contract with a base and four option years, the later subject to the availability of funds. Award will be made to the responsible offeror whose quote responds to the terms of the RFQ and is the Lowest Price Technically Acceptable (LPTA) offer to the government.

The Government will evaluate quoted pricing for reasonableness utilizing techniques described in FAR 13.106-3. (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). As part of price evaluation, the government will evaluate its option to extend services (see FAR Clause 52.217-8) by adding one-half of the offeror's final option period prices to the offeror's total price. Thus, the offeror's total price for the purpose of evaluation will include the base period, 1st option, 2nd option, 3rd option, 4th option, and 1/2 of the 4th option. As indicated in FAR 52.217-8 the government will have the option provision to extend the performance of the contract up to an additional 6 months when the contractor is provided written notice. Providing pricing for the optional six-month extension period is not required

(iii) This solicitation documents and incorporates provisions and clauses are those in effect through Federal Acquisition Circular 2021-05, effective 10 March 2021.

(iv) This requirement is being 100% set aside for small business (SB). The applicable NAICS code is 561270, “Janitorial Services”, which has a size standard of $19.5M. For more information on size standards visit http://www.sba.gov/size. Active SAM Registration is required in order to be awarded the contract and must me active throughout the period of performance

(v) Prices shall be listed for each Contract Line Item Number (CLIN) of this RFQ. The following is a list of the associated CLINs and will be priced in the attached SF 1449:

Item # QTY UNIT

0001 Janitorial Services Corozal Field Office - Base Year 7/1/2021-6/30/2022

12 MO

1001 Janitorial Services Corozal Field Office - Option Year One 7/1/2022-6/30/2023

12 MO

2001 Janitorial Services Corozal Field Office - Option Year Two 7/1/2023-6/30/2024

12 MO

3001 Janitorial Services Corozal Field Office - Option Year Three 7/1/2024-6/30/2025

12 MO

4001 Janitorial Services Corozal Field Office -Option Year Four 7/1/2025-6/30/2026

12 MO

https://acquisition.gov/far/current/html/52_223_226.html

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(vi) Description of the services include providing Janitorial Services for the National Resource Conservation Service (NRCS) in Corozal, Puerto Rico. Please refer to the specification in this package. Attachment 1, Statement of Work (SOW) Exhibit 1 Floor plan of required working area, Attachment 2 Certifications, Attachment 3 Wage Determination, are incorporated and made a part of this Solicitation and subsequent award. Price includes all costs, materials, labor, supervision, including travel. Review the detailed description of the services and deliverables required.

A site visit is scheduled for Wednesday June 2, 2021 from 9:00am to 12noon, 29 San Ramon Street, Suite 2, Corozal, PR 00783, contact 787-309-9652 for additional directions. Interested parties must wear protective masks, keep social distancing and follow the office protocol. The Government reserves the right to allow participation for the site visit to the interested parties who refuse to follow these guidelines.

(vii) Responses are due on Monday, June 14, 2021 no later than 2:00 pm, Eastern Standard Time. Please send your quote via email to the Contract Specialist, Ms. Oriel Vélez at oriel.velez@usda.gov. Interested vendor is responsible for ensuring that the documents are submitted in a timely manner as to reach the destination before the closing time.

Responses received after the above time will not be considered for award.

(viii) Services shall be performed in Corozal, Puerto Rico. Service to begin no later than 2 weeks after date of award.

(ix) The provision at 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition. The following addendum also apply. Offerors must read and follow these additional instructions to receive consideration:

52.212-1 INSTRUCTIONS TO OFFERORS-COMMERICAL ITEMS

The provision at 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition. The following addenda also apply. Offerors must read and follow these additional instructions to receive consideration:

a. System for Award Management (SAM) Registration

In order to comply with the Debt Collection Improvement Act of 1996, all Contractors must be registered in the System for Award Management, or SAM (formerly Central Contractor Registration (CCR) and Online Representations and Certifications Application (ORCA)) prior to award of a Federal Contract. However, due to the need to promptly award a contract after receipt of quotes, registration in SAM, to include completion of the Representations and Certifications, and having a status of “Active” is required BEFORE submitting an offer. For information regarding registration visit www.sam.gov.

b. Technical Proposal and Past Performance Information

Offerors should submit a written narrative that thoroughly addresses the requirements of the SOW. The offeror must provide a narrative that adequately describes the offerors experience and plans for executing the work, including resources and personnel available to meet the required services. The narrative should be supported by evidence that gives credibility to the statements made by the offeror and in turn gives the Government enough information to understand and gain confidence in what the offeror is stating. The narrative should be no longer than 2 pages and should include 3 professional references with contact name, address, e-mail, and phone number.

c. Certifications

Offerors may utilize Attachment 2 to this solicitation to complete the following two required certifications:

Certification at FAR 52.209-7 Information Regarding Responsibility Matters and the Certification at AGAR 452.209– 70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction, Section 889(a)(1)(A) and Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year mailto:oriel.velez@usda.gov

P a g e 3 | 27

2019. The offeror must complete the certifications by reading and checking the appropriate box(es). Attachment 2 must be received with the quote.

(xi) The Government intends to make an award based on the Lowest Price Technically Acceptable process. In order to be considered Technically Acceptable, a contractor must provide the following information and provide information as to their capability to complete the work as required. The price quote must include the following documents.

1. SF1449 signed

2. Amendments signed, if any

3. Attachment 2 - Certifications

4. Narrative - Offerors must ensure their narratives address the requirements at Attachment 1 (SOW)

5. Proof of Active SAM Registration

Quotes who provide the required information will be deemed technically acceptable.

Award will be made to the firm who has been found technically acceptable and has provided the lowest price. Failure to provide the information stated will result in not being considered for award.

All inquiries during the solicitation phase should be directed to Oriel Velez, oriel.velez@usda.gov or can be addressed during the site visit.

Only one (1) quote from the Offeror will be accepted. Offeror’s quote should be submitted via email. Quotes must be submitted no later than Monday, June 14, 2021 no later than 2:00 pm, Eastern Standard Time.

(x) The Provision at FAR 52.212-3 Offeror Representations and Certifications Commercial Items, applies to this acquisition. The Offeror’s representations and certifications must be entered within the System for Award Management website (https://sam.gov/SAM/ ) for consideration for award.

(xi) The Clause at FAR 52.212-4 Contract Terms and Conditions Commercial Items, applies to this acquisition.

(xii) The Clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders— Commercial Items (Deviation 2018-O0021) applies to this acquisition.

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2021)

(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. 3805 note)).

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

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct mailto:oriel.velez@usda.gov https://sam.gov/SAM/

P a g e 4 | 27

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).

_X_ (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. 6101 note).

_X_ (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).

__ (ii) 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)).

__ (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).

__ (22) (i) 52.219-28, Post Award Small Business Program Representation (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)).

_X_ (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 (Mar2020) (15 U.S.C. 637(m)).

__ (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) (15U.S.C. 637(a)(17)).

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

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

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

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

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

_X_ (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.

P a g e 5 | 27

_X_ (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).

_X_ (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. chapter 78 and E.O. 13627).

_X_ (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 (Jun2014) 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 (Jun2016) (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.

_X_ (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108- 78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

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

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C.

5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (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)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31

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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:

_X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

_X_ (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).

_X_ (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) ( 29U.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).

_X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

_X_ (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)).

P a g e 7 | 27

(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).

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(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 (May2014) (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.

(End of clause)

(xiii) The following FAR provisions and clauses apply to this acquisition:

Clauses and Provisions Incorporated by reference

52.252-1 Solicitation Provisions Incorporated by Reference.

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far (End of provision)

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements-Representation (Jan 2017) https://www.acquisition.gov/browse/index/far

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52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.217-5 Evaluation of Options (July 1990) 52.223-1 Biobased Product Certification (May 2012) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-3 Protest After Award (Aug 1996)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, 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 5332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage Fringe Benefits

Janitor GS-01 $10.97/hour

$7.30/hour

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 30 days.

(End of clause)

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 60 calendar days prior to award expiration provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar 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 5years and 6 months subject to the availability of funds.

https://acquisition.gov/far/current/html/52_222.html?getdoc+uscview+t05t08+2+3++(5)%20%20AND https://acquisition.gov/far/current/html/52_222.html?getdoc+uscview+t05t08+2+3++(5)%20%20AND

P a g e 9 | 27

Agriculture Acquisition Regulation (AGAR) Provisions and Federal Acquisition Regulations

AGAR 452.211-72 – Statement of Work/Specifications (Feb 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the objectives set forth in the Work Statement referenced in Attachment 1.

(End of Clause)

AGAR 452.211-74 – Period of Performance (Feb 1988) The period of performance for this award shall be from date of award and continue for one (1) year with four (4) one year options periods, subject to the availability of funds.

(End of clause)

AGAR 452.237-74 Key Personnel (Feb 1988)

(1) The Contractor shall assign to this contract the following key personnel:

(2) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor sh.11all submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(3) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

AGAR 452.246-70 – Inspection Acceptance (Feb 1988)

(a) The Contracting Officer or Contracting Officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed after each service requirement is completed.

(End of clause)

Professional Conduct While on Government Facilities Contractor employees shall observe and maintain themselves in accordance with professional standards according to their location. Attire should be consistent with professional standards. They shall not engage in private activities for personal gain or any other unauthorized purpose while on Government- owned or leased property, nor may Government time or equipment be utilized for these purposes.

(End of clause)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PAYMENT PLATFORM (IPP)

Invoices must be submitted electronically through the U.S. Department of the Treasury’s Invoice Payment Platform System (IPP) or the Contractor must be willing to accept payment by Government purchase card.

The Contractor must use the IPP website (https://www.ipp.gov) to register, access, and use IPP for submitting invoices. Contractor assistance with enrollment can be obtained by calling (866) 973-3131.

https://www.ipp.gov/

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Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing.

END OF SOLICITATION

P a g e 11 | 27

Attachment 1

Statement of Work (SOW) For the Contracting of Janitorial Services

BACKGROUND

The United States Department of Agriculture (USDA), Farm Production and Conservation (FPAC), Acquisition Division (ASD) has received a requirement for routine janitorial services of approximately 1,968 square feet from the Natural Resource Conservation Service (NRCS). The service to be provided is located at 29 San Ramon St. Suite 2, located at Corozal, Puerto Rico. This will be a service contract for 12 months subject to availability of funds with a five-year renewal option.

A. GENERAL REQUIREMENTS

The contractor shall furnish all labor, supervision, equipment, transportation, quality control, and supplies necessary to satisfactorily perform the services to acceptable standards. It is intended that the services will include, whether specifically listed, all functions normally considered part of a commercial janitorial work.

The contractor shall make careful selection of janitorial cleaning products and equipment to ensure products are comparable to the acceptable products list that may be found at www.gsa/gov/p2products

The lessor shall provide and select paper and paper products (ex. Bathroom tissues and paper towels) with recycled content conforming to EPA’s CPG.

The Government will furnish utility services at existing outlets for use in those facilities provided by the Government and as may be required for the work to be performed under the contract: electricity, fresh water, sewage service, and refuse collection (from existing collection points). Information concerning the location of existing outlets may be obtained from the Contracting Officer. Utilities specified above will be furnished at no cost to the Contractor. The contractor shall provide and maintain at his/her expenses, the necessary services from existing Government outlets to the site of the work.

B. SUPPLIES, MATERIAL AND EQIPMENT REQUIREMENTS.

The contractor is required to furnish all necessary supplies, materials, and equipment to include but is not limited to bathroom supplies, soap, toilet paper, paper towels, brooms, brusher, dusting cloths, wet mops, sponges, squeegees, glass cleaner, metal polish and scouring powder. During the performance of the contract, the Contractor shall keep the Contracting Officer apprised of changes in personnel to ensure that performance of this contract is not delayed. At the end of contract performance, or when a contract employee is no longer working under this contract, the Contractor will notify immediately the Contracting Officer and will provide a substitute to continue with the services requested.

C. SAFETY REQUIREMENTS

All Contractor personnel shall comply with all applicable Federal, State and Local laws while engaged in the performance of this contract to include safety policies and regulations established by the USDA-FPAC.

All hard copy publications are available via the reference websites listed below. Supplements or amendments to listed publications may e issued during the life of the contract.

1. Occupational Safety and Health (OSHA) The Contractor shall comply with all provision of the William-Steiger Occupational Safety and Health Act of 1970to include 29 Code of Federal Regulation (CFR) Par 1910 (Occupational Safety and Health Standards), and all applicable safety http://www.gsa/gov/p2products

P a g e 12 | 27 and health codes ad standards of the state and local jurisdictions where the work is to be performed.

Periodic inspections will be made by the Government to ensure safe and healthy working conditions. Provisions of the William-Steiger Occupational Safety and Health Act of 1970 and the OSHA Standards can be found electronically at: www.osha.gov

2. Safety, Health and Environmental Requirements. The Contractor shall ensure that personnel comply with all the USDA-NRCS safety, health, fire protection, and security policies, guidelines, and directives. The Contractor shall ensure safety in the assigned work areas and shall identify safety hazards to the designated office representative. Before any work is performed, the Contractor shall advise people performing the work of any hazards involved.

3. Energy Conservation. The Contractor shall participate in Government utility conservation and resource recycling programs. The Contractor shall instruct all personnel in energy and resource conservation practices and shall require them to operate utilizes under conditions that preclude wasteful use of energy. Current recycling programs include aluminum cans, paper, and printer ink cartridges. Federal guidelines conserving recycling can be found at: www.ofee.gov

D. MINIMUN SERVICE REQUIRED

The Contractor shall maintain the premises and all areas of the Property of which the Government has routine access in a clean condition and shall provide supplies and equipment to provide these services. The contractor shall be entitled to assume that the following frequencies of cleaning tasks shall be enough. If the lessor elect to perform any cleaning tasks less frequencies, and the level of cleanliness does not meet the government’s approval, the Government may direct the Contractor to increase the frequency that such tasks are performed up to the frequency set forth below without incurring liability of an adjustment.

1. Five times weekly:

a. Clean cubicles- damp wipe desks, spot clean and dust office chairs and surrounding equipment.

b. Clean floors - Sweep and mop entrances, lobbies, offices, kitchen area, toilet rooms and corridors.

c. Clean Bathroom - Scrub toilet rooms, clean all toilet fixtures, replenish toilet supplies, as needed.

d. Clean Kitchen - damp wipe high areas, empty trash receptables, dispose of all trash and garbage generated in or about the area.

e. Clean surfaces- Clean glass doors, dust all doors, window frames, wall hangings and other wall accessories.

f. There is no storage facilities to store cleaning materials/equipment.

g. Provide specialized products for each area to be cleaned.

E. MISCELLANEOUS DUTIES

In addition to the work specified above, the contractor shall perform the following duties in conjunction with the cleaning operation:

1) Turn off lights in rooms when not in user

2) Report fires, hazardous conditions and items need of repair.

3) Report any signs of insects/rodents.

4) Report any open or unlocked entrance doors.

5) Report any harassment that occurred while on the site

6) Report any packages left at the front door without disturbing it.

7) Report any close and window left open.

http://www.osha.gov/ http://www.ofee.gov/

Areas to clean

1. Men's Room

2. Lobby

3. Kitchen

4. NRCS Office

5. Women's Room

Exhibit 1

P a g e 13 | 27

Attachment 2 – Certifications

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS.

(a)Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings).This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means— (1)The total value of all current, active contracts and grants, including all priced options; and (2)The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b)The offeror [ ] has [ ] does not have (check one) current active Federal contracts and grants with total value greater than $10,000,000.

(c)If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System(FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

AGAR 452.209-70 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION (DEVIATION 2012-01) (FEB

P a g e 14 | 27

2012)

(a) Awards made under this solicitation are subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012 (P.L. No.

112-55), Division A, Sections 738 and 739 regarding corporate felony convictions and corporate Federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2)

(i) The Offeror has [ ], has not [ ]…