Sol_140P5126Q0011.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6/1995)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NUMBER

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

PAGE OF PAGES

1. REQUEST NUMBER 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NUMBER 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY 6. DELIVER BY (Date)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

c. CITY

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

1978 Island Ford Parkway

NPS SER EAST MABO

100 Alabama St., SW 1924 Building Atlanta GA 30303-8701

0044041464140P5126Q0011

Edward Dingle

507-5747 NPS, Chattahoochee River NRA

30350

03/18/2026

04/10/2026 1300 ED

04/30/2027

Sandy Springs

GA

HPeriod of Performance: 05/01/2026 to

04/30/2027

00010 Provide Janitorial Services for various park sites per the attached statement of work (SOW) for Chattahoochee River

National Recreational Area Sandy

Springs, Georgia.

Product/Service Code: S201

Product/Service Description:

HOUSEKEEPING-

CUSTODIAL JANITORIAL

Requisition No: 0044041464

Delivery: 04/30/2027

1 33

Combined Synopsis/Solicitation for Commercial Services

FAR 12.603

Document Type: Combined Solicitation/Synopsis Solicitation Number: 140P5126Q0011 Posted Date: March 18, 2026 Original Response Date: April 10, 2026 Current Response Date: April 10, 2026 Product or Service Code: S201 Set Aside: 100% Small Business NAICS Code: 561720

Contracting Office Address:

National Park Service Contracting Operations East 100 Alabama St. SW, Building 1924, 5th Floor Atlanta, GA 30303

Description:

This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format outlined in FAR Subpart 12.202. Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

The National Park Service, Contracting Operations (ConOps) East has a requirement to provide Janitorial Services at various park sites at Chattahoochee River National Recreation Area Sandy Springs, Georgia.

This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2025-06 dated August 27, 2025.

The associated North American Industrial Classification System (NAICS) code for this procurement is 2561720 - Janitorial Services with a small business size of $22,000,000.00. The Product Service Code (PSC) is S201: Housekeeping- Custodial/Janitorial.

The contractor must have current Representation and Certifications in SAM.gov, submitted with quotes.

The Government contemplates the award of a single Firm-Fixed Price Contract using the best value – Lowest Priced Technically Acceptable (LPTA) source selection procedures. All eligible and responsible sources may submit a quote, which if timely received, shall be considered by the Agency. Companies must have valid Unique Entity Identifier and be registered with System for Award Management (www.sam.gov). SAM.gov offers free services. An offeror must ensure that they are self-certified under NAICS Code 561720 in the Representations and Certifications portion of SAM.gov. The basis of award is the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award will be made to the responsible respondent pursuant to FAR subpart 9.1.

The ESTIMATED period of performance is anticipated to be May 01, 2026, through April 30, 2027.

http://www.sam.gov/

A site visit is scheduled, and prospective offerors are HIGHLY encouraged to visit the site to satisfy themselves as to the conditions of the site before submitting a quote. Attachment 0005 covers the site information.

Offeror’s Core Information:

Offerors Name:

Offerors Address:

Offerors Unique Entity Identifier (UEI):

Offerors Cage Code:

Offerors POC:

Offerors Phone/Email:

Services Required:

Southern Units Custodial Operations Chattahoochee River National Recreational Area

1978 Island Ford Parkway Sandy Springs, GA 30350

INTRODUCTION

Chattahoochee River National Recreation Area (CHAT) is situated in the Atlanta metropolitan area along a 48-mile section of the Chattahoochee River. The park includes 16 developed sites that provide visitors access to hiking trails, mountain bike trails, boat ramps, river access, restrooms, and other features facilitating outdoor recreational opportunities. Park sites offer opportunities to enjoy natural and historic environments unique to a river ecosystem and the rich history of those areas.

The park serves approximately 3,300,000 visitors annually.

PART A - DESCRIPTION OF WORK

The work described herein consists of all custodial/janitorial services required in designated sites of the Chattahoochee River National Recreation Area (CHAT). The contractor will furnish all labor, transportation, tools, materials, and equipment necessary to perform custodial services identified by this statement of work.

This statement of work covers service for one year from award date.

1. Park sites included in the SOW:

i. Johnson Ferry North

ii. Columns Drive

iii. Interstate North

iv. Powers Island

v. Akers Mill/Sandy Point

vi. Paces Mill

2. The Contractor will perform custodial services in the following areas: restroom, sidewalk, windows, sinks, trash cans/waste baskets, and litter pick-up.

3. The Contractor shall furnish all labor, equipment, supplies, vehicles, and fuel necessary to clean, service, and maintain restrooms and adjacent area in a clean and sanitary condition as outlined below. The Contractor will service designated areas in accordance to the “Contract Cleaning Schedule”, as outlined in Part F. No deviation of this schedule will be allowed without written consent by CHAT and the Contracting Officer (CO). Exceptions made be made in the event of an emergency, approved by the COR.

4. Perishable items such as toilet paper, soap, trash bags, etc. must correctly fit the current dispensers in use unless prior approval obtained from CHAT. Materials and supplies provided by the contractor include, but are not limited to: toilet paper, hand soap, air freshener, urinal commode cakes, disinfectants, cleansing materials, and trash can liners of various sizes to fit exterior and interior trash cans.

5. Work hours and schedule are listed below. The Contractor is required to work all federal holidays except Christmas.

6. Minor maintenance activities will be performed such as clearing minor/simple toilet clogs.

Contractor will report any non-functioning lights, vents, toilets, faucets, doors, door hardware, windows, and other deficient conditions to the COR immediately upon notice.

7. The Contractor shall inform the COR of any unusual conditions such as vandalism, theft, graffiti, damage, electrical or plumbing problems, staffing problems affecting the performance of the contract, inoperable equipment, etc. The COR must be notified of any deficiencies immediately upon notice.

8. At some locations there are functions known as “Special Use Permits”. These permits are issued to customer’s holding company picnics, filming, festivals and other special events. If occurring at a site, the Contractor will work around these functions with minimal disruption to the events being held to the best of their ability.

9. The Contractor will not be required to provide custodial services for a location that is inaccessible due to significant weather conditions. In the event the contractor cannot perform the required custodial services due to inaccessibility, the Contractor shall immediately notify the COR.

10. All restrooms will be sanitized and disinfected according to United States Public Health Service Standards. “Sanitize” is defined as washing down completely with disinfectant in order to kill disease producing bacteria and viruses.

11. Trash will be collected at all designated areas and may be disposed of in Park furnished dumpsters or bulk containers. Litter pickup is generally defined as within 25 feet of all trash receptacles and 100 feet of buildings, picnic areas, and parking lots.

PART B – GENERAL WORKING CONDITIONS

Site Visit:

• To understand the scope of this statement of work, the contractor is encouraged to visit the site prior to submitting a proposal and submit questions for response.

The POC for the site visit is: Robert Armstrong Robert_T_Armstrong@nps.gov (770-318-2902)

Working Hours:

• Work will occur within designated time frames at each site listed in section F and H.

Insurance and Liability:

• The Contractor shall be insured in accordance with the State of Georgia insurance regulations. The Government is not responsible for damage to Contractor’s equipment, vehicles, tools, materials, or employees and the personal property brought on-site. The Government will not accept any liability due to contractor or contractor employee negligence.

• The Contractor shall maintain a level of insurance that will protect the contractor and the Government from any claims due to bodily injury (including death) and property damage, which may arise from and during the performance of this contract, and shall submit proof of insurance to the Contracting Officer.

Damage Repair:

• Any damage to CHAT or private property, which was caused by the Contractor, shall be repaired or replaced at the Contractor's expense and to the satisfaction of CHAT.

Workers Compensation:

• The contractor shall furnish proof of workers compensation insurance to the Contracting Officer for those employees performing work related to this contract and shall comply with the Workman’s Compensation Laws of the State of Georgia. All vendors shall submit, with their proposal, a copy of their Experienced Modifier Rate (EMR) from their insurance company.

Additional Notes:

• The Contractor is required to have at least one supervisor or point of contact available during the work period.

• The Contractor’s employees will conduct themselves in a professional manner and comply with all CHAT regulations while providing service to park sites.

• The Contractor’s employees will wear appropriate clothing. Clothing will be clean and neat with the company name printed visibly on the shirt. Hats may be worn that do not have any markings other than the company name or logo.

• All Contractor vehicles will be in good general working condition, free of fluid leaks, and generally clean appearance. A decal identifying the company name and telephone number must be displayed conspicuously on all vehicles for easy identification by park visitors and CHAT personnel.

• Security keys will be issued for entry to all areas that require cleaning. The Contractor will ensure that no unauthorized duplication or transference of security keys is made. The Contractor will notify the COR immediately if security keys are lost or stolen. The Contractor will reimburse the National Park Service for any costs associated with lost or stolen security keys. Upon expiration or termination of the contract, security keys will be surrendered to the COR immediately.

• A background security check may be required for any employee that enters federal buildings and/or have access to federal keys. This determination will be made by the CO.

• This statement of work is identified as a “Service Contract Act” and prevailing DOL wages apply.

• The Contracting Officer reserves the right to modify the contract as warrantied, and in accordance with the Contract clauses, in which case, an equitable adjustment may be made.

• If the contract is active and in effect, the Contractor will be allowed a storage area, approved by the COR, to stage equipment, material, and/or supplies at each restroom site.

• Smoking is prohibited in the interior of all buildings and at least 50 feet away from entrance doors.

• The Contractor and its employees will not be allowed to use government property such as vehicles, equipment, tools, materials, phones, etc.

PART C - SAFETY

1. The Contractor will provide a “Site Specific Safety Plan” which includes, but not limited to, how injuries will be treated and identify the location of the nearest urgent care unit or hospital. All employee injuries must be reported to the COR as soon as possible with appropriate documentation.

2. All work shall be performed in accordance with the safety requirements set forth by the approved “Site Specific Safety Plan”. If safety violations are observed, work will be immediately suspended by the CO until compliance is restored.

3. The Contractor shall ensure that all employees are qualified to perform the work safely. The Contractor shall ensure that employee ability or alertness is not impaired for any reason, such as illness, fatigue, intoxications, drugs, or any other condition that may expose themselves or others to injury.

4. It is the Contractor’s responsibility to ensure that all employees wear the proper personal protective equipment and comply with safety standards and regulations necessary to perform their duties.

5. For each cleaning solution stored in the park by the Contractor, a Safety Data Sheet (SDS) must be provided and located where the product is being stored.

6. A basic First Aid Kit must be on-board all contractor vehicles. Contractor vehicles are subject to inspection by the COR or Park Safety Officer for compliance.

PART D - QUALITY CONTROL

1. The Contractor shall supply to the COR, a “Quality Control Work Plan” which will outline how the Contractor will monitor the contracted work being performed. The plan will clearly define what steps the Contractor plans to take in ensuring that the obligations of this contract are satisfactorily met. The inspection system must (a) cover all the services stated in the contract (b) include a checklist used for inspecting contract performance (c) list the name(s) of the individual(s) who will conduct the inspection (d) have a system for identifying and correcting deficiencies.

2. The Contractor shall submit a housekeeping manual that describes how all cleaning will be performed, what cleaning agents will be used, and what custodial supplies will be provided.

All products must meet federal standards regarding the use of environmentally friendly, energy-efficient, biodegradable, and/or “green”. The Contractor shall submit a list of proposed products for approval. All cleaning products and custodial supplies will be approved by the COR.

3. The work performed shall be conducted in a complete and professional manner.

4. Contractor is required to sign and date a log for each visit at each location to ensure adherence to the contract schedule. Log will be located in the storage pipe chase of each restroom.

PART E - INSPECTION & PENALTIES

1. In the event the Contractor fails to perform the work as specified in the contract, the Contracting Officer may issue a “Cure Notice” and take any or all of the following steps to correct non-compliance:

a. Direct the Contractor to perform the services again, if feasible.

b. Require the Contractor to take steps to ensure improved future performance.

c. Reduce the monthly costs due the Contractor for the month(s) in which the infraction occurred, to reflect a reduced value of services performed. The amount of financial penalty incurred will be in accordance to the itemized monthly bid schedule provided by the Contractor for this contract.

d. Accomplish work with others and charge the excess costs to the Contractor.

e. The Contractor has 10 working days to correct the situation after receiving a “Cure Notice” from the Contracting Officer. Make-up of lost workdays will not be allowed.

PART F - CONTRACT CLEANING SCHEDULE

• No deviation of this schedule will be allowed without written consent by the Contracting Officer (CO). Exceptions can only be made in the event of an emergency, approved by the

COR.

• Time frames associated with “AM” and “PM” are listed in Part H.

CONTRACT CLEANING SCHEDULE

March 15th - Nov 15th (Peak)

Sun Mon Tue Wed Thur Fri Sat

AM

Interstate North

Interstate North

Interstate North

Interstate North

Interstate North

Interstate North

Interstate North

Columns Drive

Columns Drive

Columns Drive

Columns Drive

Columns Drive

Columns Drive

Columns Drive

Power’s Island

Power’s Island

Power’s Island

Power’s Island

Power’s Island

Power’s Island

Power’s Island

Paces Mill Paces Mill Paces Mill Paces Mill Paces Mill Paces Mill Paces Mill Sandy Point

(Aker’s Mill)

Sandy Point (Aker’s Mill) Sandy Point

(Aker’s Mill)

Johnson Ferry North

Johnson Ferry North

Johnson Ferry North

PM

North

Interstate North

Interstate North

Interstate North

Interstate North

Interstate North

Interstate North

Columns Drive

Columns Drive

Columns Drive

Columns Drive

Columns Drive

Columns Drive

Columns Drive

Paces Mill Paces Mill

Nov 16th – March 14th (Off-Season)

Sun Mon Tue Wed Thur Fri Sat

AM

North

Interstate North

Interstate North

Interstate North

Interstate North

Interstate North

Interstate North

Columns Drive

Columns Drive

Columns Drive

Columns Drive

Columns Drive

Columns Drive

Columns Drive

Power’s Island

Power’s Island

Power’s Island

Power’s Island

Power’s Island

Power’s Island

Power’s Island

Paces Mill Paces Mill Paces Mill Paces Mill Paces Mill Paces Mill Paces Mill Johnson

Ferry North Johnson

Ferry North Johnson

Ferry North

PM

North

Interstate North

Interstate North

Interstate North

Interstate North

Interstate North

Interstate North

Columns Drive

Columns Drive

Columns Drive

Columns Drive

Columns Drive

Columns Drive

Columns Drive

PART G – GENERAL SITE DESCRIPTION

1. Interstate North

• Two Toilets one sink (Female)

• One Toilet One Urinal one sink (Male)

• Two trash cans in restroom six at trail head and two dog waste containers

2. Columns Drive

• 4 toilets two sinks (Female)

• 2 toilets two urinals two sinks (Male)

• Two Trash Cans in restroom six cans at trail head and two dog waste containers

3. Paces Mill

• Two Trash Cans in restroom four cans at trail head and two dog waste containers

4. Sandy Point (Aker’s Mill)

• Two Trash Cans in restroom four cans at trail head and two dog waste containers

5. Johnson Ferry North

• 2 toilets two urinals two sinks (Male)

• Two Trash Cans in restroom two cans outside restroom, two cans at boat launch and two dog waste cans at trail head

6. Power’s Island

• 2 toilets two urinals two sinks (Male)

• Two Trash Cans in restroom two cans outside restroom, two cans at fee station, one can at rear parking lot trail entrance, and dog waste can at trail head

PART H – DETAILED SITE DESCRIPTION

Interstate North

1615 Interstate North Parkway, Marietta GA, 30339 (Cochran Shoals)

The Interstate North site is the southern access to the jogging trail.

o Frequency of Duties Twice Daily (Year-Round)

• 1st Cleaning must occur between 0500 and 0900

• 2nd Cleaning must occur between 1400 and 1700 o Grounds Empty trash receptacles and replace bags around parking area and trailhead entrance o Restroom Remove all debris and trash.

Empty trash cans.

Remove dead insects, cobwebs, and nests from inside and outside of building

(windows, overhangs, etc.)

Unclog any toilet or urinal Sweep floor Clean all toilets, urinals, and sinks Wipe down surfaces, partitions, and dispensers Replace toilet paper Replace/Refill soap dispenser Clean mirrors Mop and dry floor Wipe down water fountain

Columns Drive

4001 Columns Drive, Marietta GA, 30067(Cochran Shoals)

The Columns drive site is generally one the busiest park sites in the park. This site is the northern access point for the jogging trail.

o Frequency of Duties

Twice Daily (Year-Round)

• 1st Cleaning should occur between 0500 and 0900

• 2nd Cleaning should occur between 1400 and 1700 o Grounds Empty trash receptacles and replace bags around parking area and trailhead entrance o Restroom

Remove all debris and trash.

Empty trash cans.

Remove dead insects, cobwebs, and nests from inside and outside of building (windows, overhangs, etc.)

Unclog any toilet or urinal

Sweep floor

Clean all toilets, urinals, and sinks

Wipe down surfaces, partitions, and dispensers

Replace toilet paper

Replace/Refill soap dispenser

Clean mirrors

Mop and dry floor

Wipe down water fountain

Power’s Island

1615 River Edge Parkway, Sandy Springs, GA, 30328 (Cochran Shoals)

Power’s Island is directly across the river from the Interstate North access site. The building is managed by Nantahala Outfitters.

o Frequency of Duties

Twice Daily (Year-Round)

• Between 0500-1000 o Grounds Empty trash receptacles and replace bags around parking area and trailhead entrance o Restroom

Remove all debris and trash.

Empty trash cans.

Remove dead insects, cobwebs, and nests from inside and outside of building

(windows, overhangs, etc.)

Unclog any toilet or urinal Sweep floor Clean all toilets, urinals, and sinks Wipe down surfaces, partitions, and dispensers Replace toilet paper Replace/Refill soap dispenser Clean mirrors Mop and dry floor Wipe down water fountain

Paces Mill

3444 Cobb Parkway, Atlanta, GA, 30339 (Palisades)

Paces Mill is the southernmost park unit. This site can be accessed from both the north and south bound lanes of U.S Hwy 41. There are 6 large trash receptacles, two boat ramps, picnic area with tables, charcoal grills, restroom, and (2) 8yd yard dumpsters. This is typically the busiest unit on weekends and holidays due to being the last river exit point within the park.

o Frequency of Duties

Peak

• Sat/Sun o 1st Cleaning should occur between 0500 and 1000 o 2nd Cleaning should occur between 1400 and 1700

• Weekdays o Once Daily between 0500-1000

Off-Season

• Once Daily o Between 0500-1000 o Parking lot

Check parking lot and remove any trash/litter o Trail

Check trail entrance at the end of the parking lot and remove any litter o Grounds

Pick up litter

Ensure dog waste bags are in dispenser

Remove all trash from cans

Wipe down/clean outside of trash receptacles o Restroom

Remove all debris and trash.

Empty trash cans.

Remove dead insects, cobwebs, and nests from inside and outside of building

(windows, overhangs, etc.)

Unclog any toilet or urinal Sweep floor Clean all toilets, urinals, and sinks Wipe down surfaces, partitions, and dispensers Replace toilet paper Replace/Refill soap dispenser Clean mirrors Mop and dry floor Wipe down water fountain

Aker’s Mill/Sandy Point 2361 Aker’s Drive, Atlanta GA, 30339 (Palisades)

Directions: On Akers mill road, turn at the giant waterwheel; there is a sign at the road for Chattahoochee Bluffs and The Highlands at Aker’s Mill. This road (Aker’s Drive) will bring you to the entrance of the park unit on your left. At the end of the road is the parking lot. Behind the gravel lot is a large fenced in area with an enclosed shed and large

Bally building known as the museum. The museum houses culturally significant property. The rest of the fenced in area is used to store unused equipment.

Sandy Point is a location inside the Aker’s Mill site. Sandy Point is accessed via the gated road, on the right, just past the first parking lot as you enter the site. At the end of the gravel road is a restroom, boat launch, trail access, and trash cans. For the sake of the contract only the custodial duties for the Sandy Point Restroom and the immediate area to include the trash cans and step-down boat launch should be considered o Frequency of Duties

Peak

• Sat/Sun/Wed o Between 0500-1000

Off-Season

• Restroom closed o Grounds

Pick up trash

Remove all trash from cans

Wipe down/clean outside of trash receptacles o Restroom

Remove all debris and trash.

Empty trash cans.

Remove dead insects, cobwebs, and nests from inside and outside of building (windows, overhangs, etc.)

Unclog any toilet or urinal Sweep floor Clean all toilets, urinals, and sinks Wipe down surfaces, partitions, and dispensers Replace toilet paper Replace/Refill soap dispenser Clean mirrors Mop and dry floor Wipe down water fountain

Johnson Ferry North

311 Johnson Ferry Road, Marietta GA, 30068 (Johnson Ferry Unit)

Johnson Ferry North has a large paved and unpaved parking area, concessioner building, boat ramp, and restroom.

o Frequency of Duties

Sat/Sun/Wed (Year-Round)

Between 0500-1000 o Grounds

Pick up trash

Remove all trash from cans

Wipe down/clean outside of trash receptacles o Restroom

Remove all debris and trash.

Empty trash cans.

Remove dead insects, cobwebs, and nests from inside and outside of building

(windows, overhangs, etc.)

Unclog any toilet or urinal Sweep floor Clean all toilets, urinals, and sinks Wipe down surfaces, partitions, and dispensers Replace toilet paper Replace/Refill soap dispenser Clean mirrors Mop and dry floor Wipe down water fountain

Contract Line-Item Number (CLIN): Provide to provide Janitorial Services at various park sites per the attached Statement of Work (SOW) for Chattahoochee River National Recreation Area Sandy Springs, Georgia.

All quote pricing shall be affixed to attachment 0003 – Price Schedule.

CLAUSES INCORPORATED BY REFERENCE

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 address: http:// www.acquisition.gov/far/

52.203-17 Contractor Employee Whistleblower Rights NOV 2023 52.204-7 52.204-13

System for Award Management—Registration System for Award Management Maintenance

APR 2025

52.212-1 Instructions to Offerors--Commercial Items APR 2025 52.212-4 52.226-8

52.232-1

Contract Terms and Conditions--Commercial Items Encouraging Contractor Policies to Ban Text Messaging While Driving Payments

MAY2024

APR 1984

52.232-39 52.232-40

52.237-2

Unenforceability of Unauthorized Obligations Providing Accelerated Payments to Small Business Subcontractors Protection of Government Buildings, Equipment, and Vegetation

JUN 2013

MAR2023

APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 Evaluation-- Commercial Products and Commercial Services (APR 2025)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

(1) Price

(2) Technical Capability

(3) Past Performance

Technical Capability and past performance, when combined, are equal when compared to price.

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision) http://www.acquisition.gov/far/

52.212-4 Terms and Conditions—Commercial Products and Commercial Services (APR 2025)

As prescribed in 12.205(b)(3), insert the following clause:

TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION DATE)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services.

The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

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(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C.

chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(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 part 4, longer period required by statute, or periods specified in 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 clause 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.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

Alternate I (DEVIATION DATE). When contemplating a time-and-materials or labor-hour contract, substitute the following paragraphs (a), (b), (i), (l), and (m) for those in the basic clause.

(a) The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

As used in this clause—

Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are—

(1) Performed by the contractor;

(2) Performed by the subcontractors; or

(3) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

Materials means—

(1) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(2) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(3) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(4) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.];

and

(5) Indirect costs specifically provided for in this clause.

Subcontract means any contract, as defined in FAR 2.101, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(b) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract at all places and times before acceptance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (b)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may—

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (b)(4) and (5) of this clause, the Government may, at any time, require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to—

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor’s managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor’s obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(i) Payments.

(1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by…