Sol_140F0522Q0037.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

0008874544 CODE 16. ADMINISTERED BYCODE

X

X

X

561720

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORF05

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

01/19/2022 1700 ES

01/04/2022

1907786334Tina Baker (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140F0522Q0037

5. SOLICITATION NUMBER

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

1 44 0040561079OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

TOK AK 99780-0779

1.3 Borealis Avenue

FWS TOK ADMINISTRATIVE SITE

15. DELIVER TO

HADLEY MA 01035-9589

300 WESTGATE CENTER DRIVE

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)

FWS, DIVISION OF CONTRACTING AND GE

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.

Legacy Doc #: FWS Delivery: 01/31/2023 Period of Performance: 02/01/2022 to 01/31/2027

00010 JANITORIAL SERVICES BASE YEAR per attached performance work statement

Period of Performance: 02/01/2022 to 01/31/2023

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Tina Baker

. 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.

00020 JANITORIAL SERVICES OPTION YEAR 1 per attached performance work statement

(Option Line Item)

12/31/2022

Period of Performance: 02/01/2023 to 01/31/2024

00030 JANITORIAL SERVICES OPTION YEAR 2 per attached performance work statement

(Option Line Item)

12/31/2023

Period of Performance: 02/01/2024 to 01/31/2025

00040 JANITORIAL SERVICES OPTION YEAR 3 per attached performance work statement

(Option Line Item)

12/31/2024

Period of Performance: 02/01/2025 to 01/31/2026

00050 JANITORIAL SERVICES OPTION YEAR 4 per attached performance work statement

(Option Line Item)

12/31/2025

Period of Performance: 02/01/2026 to 01/31/2027

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

44 2 of

US Fish and Wildlife Service (USFWS) Tetlin National Wildlife Refuge (NWR)

Mile 1.3 Borealis Ave Tok, AK 99780

PERFORMANCE WORK STATEMENT FOR CUSTODIAL WORK

1. PERIOD OF PERFORMANCE (Base plus 4 option years):

Base year - 1 Feb 2022 – 31 Jan 2023 Option year 1 - 1 Feb 2023 – 31 Jan 2024 Option year 2 - 1 Feb 2024 – 31 Jan 2025 Option year 3 - 1 Feb 2025 – 31 Jan 2026 Option year 4 - 1 Feb 2026 – 31 Jan 2027

1.1 PERFORMANCE WORK STATEMENT (PWS)

The contractor shall furnish all labor, tools, equipment & supervision necessary to perform janitorial services detailed in this PWS for the USFWS, Tetlin NWR, 1) Headquarters (HQ) office area, 2) the kitchen area, to include the laundry room and restroom, and 3) six (6) cabins.

The square footage provided for flooring types is approximate. It is the responsibility of the contractor to verify actual area of the various flooring types as required for determination of cleaning supplies, finishes, etc. The overall square footage of the buildings does not include mechanical rooms or maintenance bays;

they are not included or a part of the scope of the contract.

The following specifications apply to the HQ office area, public restrooms and two offices in the garage.

The HQ office area is approximately 2,660 square feet. This includes the lobby, public restrooms & conference room. Carpeted area is approximately 1,500 square feet and 480 square feet of vinyl flooring with an additional 600 square feet of wood flooring. The combined square footage for the two offices located in the garage is approximately 70 square feet of carpeted area. Seventy percent (70%) of the work outlined for this contract will be spent cleaning the above listed areas.

The following specifications apply to the kitchen area: This area is approximately 480 square feet of vinyl flooring.

Specifications for the six cabins: The combined square footage of the six cabins is approximately 1,152 of carpet and vinyl flooring. Each cabin is approximately 192 square feet. Thirty percent (30%) of the work outlined for this contract will be spent cleaning the cabins.

1.2 HOURS OF OPERATIONS

HOURS FOR CLEANING: All cleaning shall be accomplished between the hours of 8:00 AM and 10:00 PM. Cleaning will be performed one-day per week, either Saturday or Sunday. Upon award of contract the day of the week will be decided upon between the contractor and government contact.

Weekly and semi-annual services (April and October) are described in paragraph 2 below and can be done on the same day as a normal weekly service. In all cases, coordinate with the government contact for dates of either weekly or semi-annual services.

The contract manager or alternate shall be available on cleaning days either in person or by telephone to discuss problem areas with the government contact, should they occur.

1.3 GOVERNMENT PERSONNEL

The contracting officer (CO) is the individual executing this contract on behalf of Tetlin NWR and is responsible for the overall administration of the contract. The CO is the only person authorized to make any changes to the contract.

The administrative officer at Tetlin NWR is designated as the CO’s government contact. The government contact is responsible for giving the contractor any special instructions or guidance necessary to complete the work; however, he/she has no authority to alter the terms and/or conditions of the contract.

1.4 CONTRACTOR PERSONNEL

For security reasons, at the start of contract the contractor will provide a list of names, addresses & phone numbers of personnel that will be assigned to this contract. The contractor shall have a competent on-site representative authorized to act on behalf of the contractor, available to the government contact to receive instructions/information regarding work under the contract.

The on-site representative must be able to read, write and speak English. This representative shall provide a phone number where he/she can be contacted, if needed. If contacted, the contractor or contractor’s representative shall return any missed calls within 48-hours. The contractor shall furnish adequate supervision at the premises to ensure that work is performed in a satisfactory manner. It is the responsibility of the contractor to maintain close surveillance over personnel employed to perform work on the contract. The contractor shall advise the government contact immediately of any changes in personnel by the beginning of the next regular business day for the government contact.

No person(s) other than those designated in writing and with an approved background check submitted to the government contact shall be permitted in these facilities.

1.5 CONDUCT OF CONTRACTOR EMPLOYEES

The contractor shall provide a qualified work force meeting the contract requirements.

The following conduct is expected of the contractors employees:

(a) Employees shall perform their duties in such a way that there will be no interruption or interference with the normal operation of government business.

(b) No children shall accompany the parents while performing work.

(c) No office equipment shall be used by cleaning personnel. This includes all computers, telephones, photo copier or fax machines.

(d) Janitorial closet must be kept clean, neat, organized, and free from any odor (i.e. stale wet mops).

(e) Janitorial vehicles are to be parked in the parking lot, away from the front door of the buildings except when loading and unloading equipment and supplies.

(f) All janitorial personnel shall keep a checklist of completed tasks posted for review by the government contact. Each checklist shall indicate that the task was completed and the date of completion. All tasks shall be completed in compliance with the frequency/cleaning schedule for the area listed.

1.6 CONTRACTOR FURNISHED EQUIPMENT & PROPERTY

The Contractor shall furnish all equipment required for the PWS under this contract. All equipment shall comply with applicable OSHA guidelines and be in good operating condition. The contractor shall operate the equipment in accordance with the original manufacturer's recommendations.

Equipment shall include but is not limited to, carpet cleaning and scrubbing machines for use on floors and carpets, vacuum cleaners, ladders, buckets, mops, cloths, brushes, squeegees, brooms, bulk waste receptacles, rolling trash bins, etc. Equipment used shall be in good operating condition and all electrical appliances shall be equipped with grounded type male plugs. There are no provisions in this contract for contractor storage of any equipment such as vacuum cleaners, ladders, carpet shampooing equipment or floor buffers.

1.7 CONTRACTOR FURNISHED SUPPLIES

The contractor shall furnish all cleaning supplies and materials necessary for the PWS under this contract.

Materials include but are not limited to cleaners, dust rags, tile cleaner, polishes & wax. Materials shall be priced into the cost of the weekly and semi-annual services, as applicable. All materials left on site shall have legible markings on containers that designate what the product is and what the applicable hazards are and are Earth-friendly. Executive Order 13101, Greening the Government through Waste Prevention, Recycling and Federal Acquisition Regulation requires items designated by the EPA be purchased with the maximum recycled content possible. The contractor is required to use products with the highest recovered material content whenever they are commercially available at a reasonable price. The contractor shall purchase products containing the highest content of recovered material possible unless products are not: 1) available competitively within a reasonable time frame or 2) available at a reasonable price.

For a full listing of products & EPA's recommendations for recovered material content see http://www.epa.gov/cpg/products.htm. If one of the two exceptions above applies, the contractor shall furnish the government contact a written justification prior to purchase of the listed items without the minimum recommended recovered material content.

1.8 GOVERNMENT FURNISHED MATERIAL & PROPERTY

Tetlin NWR shall provide at no expense to the contractor, all trash can liners, hand soap, toilet paper and paper towels. The government will also furnish refuse dumpsters outside of buildings, recycling containers and entry keys for buildings. Failure by the government to provide these shall not relieve the contractor of responsibility to fulfill requirements except those directly affected by such items.

Contractor shall keep Tetlin NWR informed of inventory requirements.

1.9 UTILITIES

Electrical power will be furnished by the government at existing power outlets for the operation of equipment as is necessary to perform building maintenance. Hot and cold water will also be made available to the contractor as necessary.

1.10 STORAGE

http://www.epa.gov/cpg/products.htm

There is a small storage area available in the male public restroom. There are no provisions in this contract for storage of bulk cleaning supplies/consumables (described as more than 1 months' worth of any product). No flammables will be stored anywhere on government premises. The government will not be responsible for damage and/or loss to the contractor's stored supplies, materials, equipment, or the personal belongings of the contractor's employees occasioned by fire, theft, accident, or otherwise. Failure to keep any of the storage facilities described above in a clean and orderly condition, satisfactory to the government contact, may result in the withdrawal of the privilege of using them.

1.11 DAMAGE TO PROPERTY

The contractor is liable for damage to both government and private property in performance of this contract where the damage is the fault of the contractor or caused by operations, as determined by the government contact.

1.12 INTERFERENCE WITH BUSINESS

The contractor shall not commit or permit any act that will interfere with the PWS by any other contractor or by government employees. The services under this contract shall be performed in such a way that there will be no interruption to or interference with the normal operation of government business on the premises. Persons employed by the contractor shall, while on the premises, comply with all applicable regulations.

1.13 LAWS, ORDINANCES & REGULATIONS

The contractor shall comply with all laws, ordinances and regulations and shall obtain and pay for all necessary permits and licenses, should there be any.

1.14 ATTIRE

The contractor shall provide protective equipment such as protective gloves and eyewear as necessary for employees performing tasks under this contract. All janitorial employees will, at all times, be properly and professionally attired.

1.15 PAYMENT

Payment for weekly services will be made on a monthly basis, in arrears, after acceptable completion of such services and submission of a proper invoice in accordance with the payment clause of the contract. The contractor shall submit a monthly invoice through the IPP system at the end of each month. Payment for all services, to include semi-annual services, shall be made in arrears after acceptable completion of such services and submission of invoice in accordance with the payment clause in the contract.

1.16 PERFORMANCE MEETING

The contractor shall contact the government contact to schedule a meeting upon notification of award of this contract to review the work statement and checklist, provide communication and understanding between both parties, and to issue key(s) to the contractor.

DESCRIPTION OF WORK TO BE PERFORMED

2.1 GENERAL

Janitorial services as described below are required for the Tetlin NWR HQ office area, all restrooms, the kitchen area, laundry room and the six cabins located at 1.3 Borealis Ave, Tok, Alaska 99780. Areas and surfaces shall receive the cleaning, care, and treatment specified at the frequency designated below. The contractor shall perform janitorial services in all designated spaces including, but not limited to offices, lobby, restrooms, (including showers), kitchen, laundry room, hallways, and entry ways.

The contractor shall furnish all managerial, administrative, and direct labor personnel necessary to accomplish the work in this contract. As indicated in the following schedule for services, the instruction to "empty all wastebaskets and replace liners" shall be accomplished in the following manner. Waste receptacles containing food or liquid waste shall be completely emptied to include removing the soiled liner and replacing with a new liner. When the contents of a receptacle are dry (i.e. paper, candy wrappers, or plastic bags) the waste may be removed from the receptacle and deposited in a larger container for disposal, leaving the unsoiled liner.

Cleaning staff are not to do dishes or in any way pick up the clutter left by employees in any areas list above.

Only general cleaning is required. The government contact shall be notified the next business day of any areas which could not be properly cleaned due to clutter left by employees. No towel or cleaning rag that was ever used in any bathroom will be used in any kitchen or lounge area. Only high temperature machine washed (clean) rags or clean paper towels shall be used. No gloves that were ever used in any bathroom shall be used when cleaning kitchen.

2.2 WEEKLY SERVICES FOR THE HQ OFFICE AREA, PUBLIC RESTROOMS AND TWO OFFICES IN

THE GARAGE

General: Required cleaning in the areas listed above, please refer to (a - m) below.

(a) Wastebaskets - Empty all wastebaskets and replace liners in the HQ office area, public restrooms & two offices located in the garage. Wipe down the exterior of all trash containers, as needed. Transport all trash to the dumpster in the HQ bldg. parking lot.

(b) Carpeted areas - Vacuum all carpeted areas. Inspect all carpeted areas and flooring for spots, stains and scuff marks. Remove spots, stains and scuff marks larger than 1" in diameter, when they occur.

(c) Glass and Mirrors - Clean all glass surfaces in lobby area to include the displays and front counter and all mirrors in the restrooms.

(d) Desk Mats - Wet mop all desk mats on the floor.

(e) Coffee Area - Wipe down and clean the coffee area and remove any sticky residue. Clean microwave inside and out.

(f) Dusting - Lightly dust any exposed desk areas, computer towers, screens and shelving.

(g) Cobwebs - Remove all cobwebs from the ceilings and corners.

(h) Floors - All flooring that is carpeted must be swept clean and wet mopped with a cleaning agent.

(i) Front Porch - Sweep front porch, as necessary.

Public Restrooms:

(j) All dispensers - toilet paper (leave spare rolls), paper towels and hand soap, etc. – Check and replenish.

(k) Sinks (remove spots, stains and mineral build-up), back splashes, hand basins, toilets (including but not limited to the wall areas adjacent to the sinks and toilets, toilet seats, back edges, floor flanges, handles and pipe connections), shelves, door handles, kick plates, partitions, fixtures and countertops must be sanitized, wiped down and cleaned.

(1) Toilet reservoirs and urinals shall be free of all dark marks and spots. Germ killing agent shall be used.

(m) Shower areas in the public restrooms shall be sanitized and free of mineral build-up (including shower heads), grime, soap scum, mold, mildew, and smudges.

2.3 SEMI-ANNUAL SERVICES FOR THE HQ'S OFFICE AREA, ALL RESTROOMS, TWO OFFICES IN

THE GARAGE, KITCHEN AREA TO INCLUDE LAUNDRY ROOM & THE SIX CABINS - APRIL &

OCTOBER.

General: Required cleaning in the areas listed above, please refer to (a - v) below.

(a) Wastebaskets - Wastebaskets must be emptied and replace liners in the HQ office area, public restrooms, the two offices located in the garage, kitchen area, laundry room and the six cabins, as needed. Wash and sanitize the exterior of all trash containers, as needed. Transport all trash to the dumpster in the HQ building parking lot.

(b) Floors - All flooring that is not carpeted must be swept and wet mopped with a cleaning agent (all laminate, vinyl or resilient wood floors). Furniture must be moved in order to remove dust, dirt and grime behind and underneath the furniture. Move all furniture to include but not limited to chairs, couches, beds, night stands, boxes, wastebaskets, coat racks, etc. Replace all items to their original position upon completion. Floors shall be free of dust, grime, mud, dead bugs, sand, sticky residue, footprints, liquid spills and other debris.

(c) Dusting and Polishing - Wipe down, dust and polish (if necessary) all horizontal and flat surfaces including but not limited to window frames, window blinds, sills, ledges, moldings, door sills, top edges, filing cabinets, bookcases, end tables, TV, VCR, shelves, lamp shades, fixtures, light covers, heater vents, furniture, chair legs and any exposed areas such as desktops, computer towers, computer screens and shelving.

(d) Remove all fingerprints, streaks and marks from light switches, doors, handles and kick plates. All surfaces shall be free of dust, grim, dirt, mud, dead bugs, sand, sticky residue, footprints, liquid spills and other debris.

(e) Cabinets - Cabinets must be dusted and cleaned on the top and the on the face of the cabinets, it is not necessary to clean the inside of the cabinets.

(f) Carpets - Pretreat and spot clean carpet before machine shampooing carpeted areas. Carpets must be vacuumed after shampooing.

(g) Glass and Mirrors - Dust, clean and polish all glass surfaces in lobby area to include the displays, front counter and all mirrors in the restrooms, kitchen area and cabins.

(h) Window Cleaning - Windows, window screens, blinds and door glass must be cleaned on the inside and out. When completed they shall be free of dirt, smudges, dust, grime, film, water and dead bugs.

(i) Desk Mats - Wet mop all desk mats with a cleaning agent.

(j) Coffee Area - Wipe down and clean the coffee area and remove any sticky residue.

(k) Microwaves - The microwaves located in the coffee area and the kitchen area must be scrubbed and cleaned inside and out, removing all grease and food particles. The glass plates from the microwaves must be removed, scrubbed clean, dried and placed back into the microwaves.

(1) Sinks - Sinks, back splashes and hand basins in the restrooms, kitchen area and laundry room shall be sanitized, wipe clean, free of water spots and dried. The mineral build-up around the facets must be removed.

(m) Cobwebs - Remove all cobwebs from the ceilings and corners.

(n) Front porch - Sweep front porch.

All Restrooms:

(o) All dispensers (toilet paper leave spare rolls), paper towels and hand soap, etc. – Check and replenish.

(p) Toilets (including but not limited to the wall areas adjacent to the toilets, toilet seats, back edges, floor flanges, handles and pipe connections). Toilet reservoirs and urinals shall be free of all dark marks and spots.

Germ killing agent must be used. - Sanitize, wipe down and clean

(q) Shelves, partitions, fixtures, countertops, door handles and kick plates must be cleaned and wiped down.

(r) Shower areas and the shower heads in the restrooms shall be sanitized and free of mineral build-up (including shower heads), grime, soap scum, mold, mildew, and smudges.

Kitchen area with laundry room:

(s) Refrigerators - must be wiped clean on the outside, from the top to the bottom. The inside must be left empty and sanitized using a cleaning agent, from top to the bottom, the doors must remain open to air out.

(t) Countertops-Must be cleaned and sanitized.

(u) Washer and dryer-pulled out from wall and all lint, dirt, grime and dust must be removed.

(v) Stove tops, vents, screens and oven must be scrubbed clean and all grease and food particles must be removed. The oven must be cleaned on the outside and inside. The self-cleaning oven must be cleaned and wiped out after the self-cleaning cycle is completed and cooled.

Clauses/Provisions Incorporated by Reference

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) (provision) 52.204-7 System for Award Management (Oct 2018) (provision) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

(Oct 2020) (provision) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

52. 204-26 Covered Telecommunications Equipment or Services-Representation. (Oct 2020) (provision) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation (Nov 2015) (provision) 52.212-1 Instructions to Offerors - Commercial Items. (Sep 2021) (provision) 52.212-4 Contract Terms and Conditions - Commercial Items. (Oct 2018) 52.222-52 Exemption From Application of the Service Contract Labor Standards to Contracts for Certain Services-- Certification. (May 2014) (provision) 52.232-39 Unenforceability of Unauthorized Obligation (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

Clauses/Provisions Incorporated by Full Text

DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Itemized invoice for items delivered and/or work performed.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment.

Vendors new to IPP must enroll at: - https://www.ipp.gov/vendors/enrollment-vendors The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or vendors can check on enrollment status by contacting the IPP Customer Support Desk at (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause) https://www.ipp.gov/ https://www.ipp.gov/vendors/enrollment-vendors mailto:IPPCustomerSupport@fiscal.treasury.gov

52.212-3 Offeror Representations and Certifications-Commercial Items. (FEB 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

https://www.sam.gov/ https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended."Sensitive technology"—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern— https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern— http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b)

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

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

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

http://www.sam.gov/ https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/4.1201#FAR_4_1201

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order11246-

(1) Previous contracts and compliance. The offeror represents that-

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C.

1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

(1)

(i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g)

(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i)

(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3

Line Item No. Country of Origin

[List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii)…