SF1449.pdf

Contents General Information

1.0 Scope of Work

2.0 Background

Contractor Requirements

3.0 Technical Requirements / Tasks

4.0 Government Furnished

5.0 Deliverables / Schedule

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (MAR 2023)

52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021)

52.237-1 Site Visit (APR 1984)

REPRESENTATIONS & CERTIFICATIONS

SECTION II - 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) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

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 (NOV 2021)

(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).

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations http://uscode.house.gov/

(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 products or commercial services, 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 Products and Commercial Services (DEC

2022) (DEVIATION 2017-1)

https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (MAR 2023) (DEVIATION 2017-1, DEVIATION DEC 2022)

(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 products and commercial services:

(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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31

U.S.C.3903 and 10 U.S.C. 3801)

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 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 products and commercial services:

[Contracting Officer check as appropriate.]

☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (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) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1)

☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (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. (Nov 2021) (31 U.S.C. 6101note).

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

https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.657a).

☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

☐ (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 2022) (15 U.S.C. 637(d)(2) and

(3)).(DEVIATION DEC 2022)

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (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 (Sep 2021) 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 (Oct 2022) (15 U.S.C.637s) [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 (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

☐ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023) (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 (Oct 2022) (15 U.S.C. 637(m)).

☐ (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 (Oct 2022) (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 (Sep 2021) (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 (Dec 2022) (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.

https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

☐ (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 (Nov 2021) (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 (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 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)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

☐(ii) Alternate I (Oct 2022) of 52.225-1

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (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), Public Law. 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 [Reserved]

☐(iii) Alternate II (Dec 2022) of 52.225-3.

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

☐(v) Alternate IV (Oct 2022) of 52.225-3.

☐ (50) 52.225-5, Trade Agreements (Dec 2022) (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. Subtitle A, Part V, Subpart G 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 Products and Commercial Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.3805).

☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.3805).

☒ (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 (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

☐ (ii) Alternate I (Apr 2003) of 52.247-64.

☐ (iii) Alternate II (Nov 2021) 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 products and commercial services:

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.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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

Employee Class Monetary Wage/Fringe Benefits

☐ (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 for Contractor Workers Under Executive Order 14026 (Jan 2022).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (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 products or commercial services. 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 (Nov 2021) (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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (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 (Nov 2021) (22 U.S.C. chapter 78 and E.O

13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

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

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan

2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (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. Subtitle A, Part V, Subpart G 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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801)

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

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.

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a)The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 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 5 years.

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

(SEP 2013)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

(AUG 2018)

52.232-18 Availability of Funds (APR 1984)

52.232-19 Availability of Funds for Next Fiscal Year (APR 1984)

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

52.245-9 Use and Charges (APR 2012)

52.252-6 Authorized Deviations in Clauses (NOV 2020)

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

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.204-70 Modification for Contract Closeout (DEVIATION JUL 2022)

Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to

FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled at a time and place that is mutually accepted by both parties.

https://www.usda.gov/sites/default/files/documents/agar-class-deviation-contract-closeout-clause.pdf

Section III – STATEMENT OF WORK

General Information

1.0 Scope of Work

It is the scope of this contract to secure Janitorial services for Government Offices on the Lower

Trinity Ranger District of the Six Rivers National Forest in strict compliance with the terms, specifications, conditions, and provisions contained herein. The contractor shall furnish all labor, equipment, supervision, transportation, supplies (except those listed under Government furnished), and incidentals necessary to complete the work as specified. It is the responsibility of the Contractor to ensure that the necessary hours that it will take to meet the contract requirements are built into their price quote.

2.0 Background

The Lower Trinity Ranger District Offices are located at 580 Highway 96 in Willow Creek, California

95573 in Humboldt County. There is approximately 4,444 square feet of floor space in the Main

District Office Building, including two (2) restrooms, and a main entrance way, all of which are part of this contract. The Warehouse, also known as the Ranch Room, consists of one building with approximately 690 square feet of space and is located behind the front office. The Warehouse contains one restroom and an entrance way, all of which are part of this contract.

The Ranger District Office employees generally work five days per week, except during fires and fire season. Personnel are engaged in office and field work. During a fire incident, the personnel count in the building may significantly increase. When this occurrence increases janitorial service demand beyond normal requirements, an ‘Emergency’ or ‘Special Event’ scenario may apply (See Emergency or Special Event Cleaning Services).

Flextime schedules and overtime requirements may cause occupancy of the buildings by Forest

Service personnel during hours other than between 7:00 AM and 5:00 PM.

Contractor Requirements

3.0 Technical Requirements / Tasks

Service Frequency: Each Service Day

Carpeted Flooring: Vacuumed and spot cleaned as necessary.

Non-Carpeted Flooring: Vacuumed or swept clean and damp mopped.

Waste Baskets and Sanitary Napkin Dispensers: Emptied into a designated container outside of the office and damp wiped clean.

Drinking Fountains: Clean and sanitized.

Coffee Room: Clean sink and countertop; scrubbed and mopped non-carpeted floors; dusted horizontal surfaces of refrigerator, microwave, and cabinets.

All Furniture and Bookshelves: Dusted and polished clean with treated cloth.

Books, Instruments, Working and Seating Surfaces: Dusted with untreated cloth. Papers, etcetera, on desks are not to be disturbed.

Toilet Fixtures and Traps, Seats, Urinals and Wash Basins: Clean and sanitized, free from odors and splashing around basins and urinals.

Restroom Mirrors, Shelves, Dispensers and Piping: Damp wiped and polished dry.

Paper Towels, Toilet Tissue, Toilet Seat Covers, Receptacle Liners, Hand Soap, and Dispensers:

Replenished as necessary from supply.

Wall Surfaces: Spot cleaned and free of soiled spots.

Telephones: Clean and sanitized.

Service Frequency: Monthly, Before the 10th of the Month

Landings and Steps to All Outside Entrances: Swept clean.

Entrance Doors and Adjacent Glass (Both Sides): Glass surfaces clean and non-glass surfaces damp-wiped and free from smudges.

Desks, Venetian Blinds, Building Doors, Baseboards, Partition Trim, Windowsills, Frames, Ventilation and Return Grills: Dusted.

Upholstered Furniture: Vacuumed clean.

Furnace Filters: Checked and replaced as needed.

Countertops, Doors, Moldings, Baseboards, Restroom Wall Coverings and Restroom Partitions:

Washed clean.

High Walls and Ceiling Surfaces: Dusted or vacuumed clean.

Light Fixtures and Bulbs: Fixtures clean and bulbs/tubes replaced as needed. Contractor is responsible for disposal of all fluorescent tubes at an approved disposal site.

Picture Glass, Clocks and Windowed Bookcases (Both Sides): Clean.

Office Space Partitions: Clean.

Service Frequency: Twice Yearly:

Once between October 15 and December 1, once between April 1 and May 15

Contractor shall coordinate and schedule with COR in advance

Windows: Outside screens clean (removed, cleaned, and replaced); window glass washed inside and out; window frames, tracks, sills, and casings clean.

Uncarpeted Flooring: Buffed with new non-slip wax.

Service Frequency: Once per Year

Carpeted Flooring: Cleaning of all carpet surfaces in main offices.

Personnel:

All work under this contract shall be performed in a skillful and professional manner. The Contractor shall employ personnel qualified and capable to perform janitorial work and will provide a list of

Contractor personnel who will be on the premises. Persons under the age of 18 are not permitted on the premises while work is performed. The Contractor shall prohibit employees from disturbing papers on desks, opening desk drawers or cabinets, using government telephones or other office equipment, leaving the Government building unlocked or using any Government employee’s property. The Contracting Officer may, in writing, require the Contractor to remove from the premises any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable, or for theft, possession and/or removal of materials, supplies, equipment, or any

Government property.

Insurance Requirement:

The Contractor shall provide to the Contracting Officer the following documentation within 10 calendar days of the start work date, or the contract may be terminated for default in accordance with the clause governing default (termination for cause). Offerors may include the following documentation as a part of an Offer if desired.

Worker’s Compensation Insurance: The Contractor shall provide evidence of Worker's Compensation

Insurance or a written explanation as to why the Contractor is exempt from the requirement.

NOTE: The Contractor working alone is not required to carry the insurance.

Conservation of Utilities and Building Security:

Upon completion of the work at each site the contractor personnel shall ensure that (unless otherwise instructed by the Contracting Officer or COR) all lights are off, all wall windows and entrance doors are locked, and the alarm system armed. If the building is occupied by the

Government after normal working hours, Contractor’s personnel shall notify the Government personnel of their departure and leave the exterior doors locked. The Contractor shall not disturb papers on desks, or bulletin boards, open drawers, or cabinets, or use telephones or any office equipment provided for official Government use, except for emergency calls to the Contracting

Officer, police, or fire department. It is the responsibility of the Contractor to secure the building upon completion of work and close and lock entry gates.

Keys/Keycards:

The Contractor will establish and implement methods to ensure that all keys/ keycards issued by the

Government are kept secure in the Contractor’s possession are not used by unauthorized persons. No keys/keycards issued by the Government is to be duplicated. It is the Contractor’s responsibility to ensure any security access codes are secured in the contractor’s possession and not to be used by unauthorized persons.

A. The Contractor will be required to reimburse the Government for replacement of locks or re-keying as a result of Contractor loss of keys. In the event a master key is lost or duplicated, the Government will replace all locks and keys for that system and the total cost will be deducted from the monthly payment due the Contractor.

B. The Contractor will report the occurrence of a lost key/ keycard to the Contracting Officer no later than the next duty day.

C. It is the responsibility of the Contractor to prohibit the use of keys/ keycards issued by the

Government to any person other than the Contractor’s employees. It is also the responsibility of the Contractor’s employees to prohibit the opening of locked areas by Contractor’s employees to permit entrance of persons other than Contractor’s employees engaged in the performance of assigned work in those areas.

Lost and Found Property:

The Contractor shall ensure all articles of possible personal or monetary value found by the

Contractor’s employees are turned into the COR or the Contracting Officer.

Subcontracting:

The Government reserves the right to approve or disapprove any subcontractors selected. Therefore, the Contractor shall obtain approval from the Contracting Officer for all subcontractors prior to entering into any subcontracts for the performance of work under this contract. The Contractor’s request for approval shall be in writing and include the specific work to be accomplished by the subcontractor.

The subcontractor shall have the experience and be equipped for such work. Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract. The

Government will document, in writing, those instances where the supervisor or subcontractor have not responded to calls or are not available to meet.

Safety:

The Contractor shall be responsible for instructing company employees in appropriate safety measures and providing hazard communication training including the appropriate handling of chemicals. The Contractor shall provide, place, and remove appropriate warning signs for wet or slippery floor areas caused by cleaning or waxing applications. Cloths, mops, or brushes containing a residue of wax or other combustible material subject to spontaneous ignition shall not be stored inside the building. Contractor shall provide copies of Material Safety Data Sheets (MSDS) for any cleaning chemicals provided by the Contractor. Cleaning supplies, including solutions and solvents, both liquid and powders must be stored in designated areas that are locked and under the

Contractor’s control. They must be stored in secure areas after every cleaning day.

Smoking Restrictions:

There are no public areas designated as smoking areas. Therefore, there is no space for the

Contractor or his/her employees to smoke.

Circumstances to Be Reported:

The Contractor or the Contractor’s employees shall report to the Contracting Officer or COR any circumstances of needed repairs of the facility or unusual soiling of an area that may affect the performance of the work and unhealthy or hazardous conditions. The Contractor or the Contractor’s employees will report any vandalism, attempted break-ins, or signs of attempted break-ins.

Communication Procedures:

While a line of communication is always open to the CO, most communication is directed to the COR.

Contracting Officers and CORs are available via phone, email, or direct communication. Formal requests, reports and invoices must be submitted in writing. Communication by email is a good practice for the purposes of documentation. At times communication will occur as meetings between the Contractor and the Government.

4.0 Government Furnished

The Government will provide the following items of Government materials, supplies, or property at the work site prior to work commencing. As supplies need replenishing, the Contractor shall notify the designated Contracting Officer’s Representative (COR) not less than two (2) weeks in advance so that items can be reordered. If there are any issues with the components provided by the

Government, the Contractor shall bring the concern to the attention of the COR.

• Cleaning compounds such as toilet bowl cleaner, floor cleaner, glass cleaner, wax stripper, etc.

• Floor wax (non-skid), if appropriate.

• Disinfectant.

• Toilet tissue, hand soap, hand towels, and toilet seat covers.

• Light bulbs, wastebasket liners and trash receptacles.

• All utilities necessary for the Contractor to perform the required services.

• All keys, keycards and/or security access codes to the gates and building that are required for contract performance (keys shall be signed for and returned at completion of the contract).

Space will be assigned, as available in the building, for the storage of an inventory of supplies and equipment, which will be used in the performance of work under the contract. The Government will not be responsible in any way for damage or loss of parts or equipment. The available space may not be sufficient to contain all of the Contractor’s equipment, and in such a case the Contractor is required to make other arrangements. Telephones will be available for the Contractor’s use in making local calls for business purposes only.

The Contractor shall provide all supervision, labor, materials, and supplies except those indicated as

Government Furnished. Equipment required needs to meet the terms of the contract. All applicable

Contractor-furnished equipment shall include bumpers/guards to prevent marking or scratching of fixtures or building surfaces. Such incidentals necessary for the required performance of this contract include, but are not limited to:

• Mops, rags, brushes, brooms, etc.

• Paper towels for cleaning.

• Power Equipment as needed, such as motorized vacuum cleaner, commercial carpet cleaner.

All electrical equipment used by the Contractor shall meet all safety requirements of this contract and shall be UL approved. This equipment shall operate using existing building circuits. It shall be the responsibility of the Contractor to prevent the operation or attempted operation of electrical equipment, or combinations of equipment, which require power exceeding the capacity of existing building circuits. Inoperable equipment is not cause for cleaning work not to be performed. The

Contractor shall furnish and use beater bar type vacuums for carpeted floors. The Contractor shall provide protective gloves, safety eyeglasses, and any other safety equipment needed to execute the contract.

5.0 Deliverables / Schedule

PERFORMANCE OBJECTIVES AND STANDARDS

The Contractor shall ensure that the building presents an overall appearance of cleanliness. The front lobby is a highly visible area and will need to meet higher expectations. The Contractor shall provide sufficient supplies, materials, and equipment to adequately maintain the premises at an acceptable level of cleaning that is consistent with comparable industry standards for this type of contract. The definition of clean is for all areas, objects, and surfaces to be free of dirt, water streaks, gum, grease, tar, or any other extraneous matter in order to present an overall appearance of cleanliness.

Performance will be based on the Contractor’s success in meeting the performance and quality standards, not the method of performance.

The contractor service requirements are summarized into performance objectives that relate directly to the essential services provided. The stated performance thresholds are the minimum acceptable levels of service for each stated requirement. All aspects of the contractor performance are subject to

Government surveillance, and absence of any contract requirements from the Performance

Objectives identified below will not detract from the enforceability, nor limit the rights or remedies of the Government under other contract clauses.

Performance Objective Performance Threshold

Perform all services required in accordance with the Statement of Work on a regular basis

Not to exceed 1 valid complaint of unsatisfactory per week

Perform all services as required for periodic cleaning

Not to exceed 1 valid complaint of unsatisfactory per interval

CLEANING FREQUENCY AND SCHEDULES

Regular cleaning shall occur on a frequency of two (2) times per week. The preferred service days are

Wednesday and Sunday, with weekday work being performed between the hours of 4:30 p.m. and

6:00 a.m. so as not to conflict with Forest Service work, unless otherwise agreed between the

Contractor and COR. Prior approval from the CO is required before work may be performed on a

Federal holiday. Routine tasks are those which are expected to be performed at each visit or on a weekly basis. Periodic tasks are those which are performed on other than a per-visit or weekly basis.

CONSTRAINTS AND EXEMPTED TASKS

• Items on desks and other working surfaces or Forest Service employee storage areas shall not be disturbed.

• The Contractor shall not expose electronic equipment, including computer monitors, to liquids of any kind except as directed in the contract or approved by the COR in advance.

• The Contractor is not responsible to empty or handle recycling bins.

• Any locked offices for which the Contractor has no key or areas otherwise designated as off limits are exempt from routine services with the exception of cleaning door surfaces and emptying any trash bins placed within the Contractor’s access.

IN THE EVENT SERVICES ARE NOT PERFORMED OR REQUIRED

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

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

B. Forego the work and reduce payment due to the Contractor for work not performed. The deduction rate in dollars per day shall be equal to the per-month fixed price divided by number of service days for that month and then multiplied by the number of days services were not provided. Appropriate adjustments will be made by the CO in the event services are provided for portions of days, or

C. Reschedule the work on day(s) satisfactory to both parties.

EMERGENCY OR SPECIAL EVENT CLEANING SERVICES

Any situation requiring cleaning services beyond those normally encountered in routine cleaning work will be considered “emergency.” Situations requiring emergency cleaning will be referred to the

Contracting Officer or COR prior to commencing work. If the Contracting Officer determines that the situation requires extra effort on the part of the Contractor, equitable reimbursement will be provided to the Contractor for the level of effort over and above that normally required, (e.g. fire or flood damage, construction work, etc.). Residue from relocating furniture or litter left from meetings or routine gatherings are not considered emergency cleaning.

PREWORK CONFERENCE AND OTHER MEETINGS

Prior to commencement of work, a pre-work meeting may be arranged between the Contractor and the Contracting Officer to discuss the contract terms and work performance requirements. At this time, the Contracting officer will designate a Contracting Officer Representative (COR) and the

Contractor shall designate, in writing, the name and phone number of the Contractor’s on-site representative/ supervisor and their responsibilities.

At any time during contract performance, a meeting may be requested by the Government or the

Contractor and may be scheduled at a time and place agreeable to both parties. The purpose of the meeting shall be to address any issues preventing or endangering the successful completion of the contract requirements and to identify methods of improvement.

Quality Control Program

The Contractor shall establish a complete, written Quality Control Program (QCP) to ensure the requirements of the contract are met as specified in the guidelines. The Contractor’s QCP shall be incorporated into this contract after acceptance by the Government. The QCP need not be elaborate, but shall address in writing at least the following information:

1. A checklist or plan for inspection of the services provided throughout the building that addresses all contract performance areas and ensures compliance with contract terms. It is not required to provide separate personnel for performing janitorial services and for inspection, but in the case a single person is proposed for both tasks, the QCP must explain how that person intends to ensure compliance with contract standards. If separate persons are proposed, they shall be named, and their designated tasks identified.

2. A system to record inspection results and any corrective actions taken, and to ensure that the Contractor’s employees or subcontractors are notified of any efficiencies in their area of responsibility if applicable. If the Contractor intends to utilize subcontractor(s) or employee(s) as the primary janitor(s) under this contract, the QCP must explain how the Contractor intends to ensure that the janitor(s) is/ are properly trained for the work and how they will be re-trained or replaced if necessary to correct continued or severe performance deficiencies communicated by the Government. Provide a time frame (such as a number of days) by which the Government can anticipate improved services after communicating a significant service deficiency. For minor deficiencies, performance improvement results are anticipated on the following day routine services are performed.

3. A description of actions the Contractor shall take in the event that the primary janitor(s) become unavailable to provide janitorial services for an extended period of time (longer than two consecutive routine service days).

4. A plan to ensure that all issued keys, access cards or identification items are not lost, misplaced, or used by unauthorized persons.

5. A list of the equipment proposed or available for…