Solicitation 127EAS22Q0010 SO and Meyers Janitorial.docx

127EAS22Q0010 Supervisors Office and Meyers Work Center Janitorial Lake Tahoe Basin Management Unit

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

127EAS22Q0010

January 27, 2022

Sarah Hill, Contracting Officer

b. CONTACT INFORMATION

(530) 478-6101 sarah.hill@usda.gov

8. OFFER DUE DATE / TIME

Feb 15, 2022 15:00 Pacific Time

9. ISSUED BY CODE 7EAS

10. THIS ACQUISITION IS |_|UNRESTRICTED OR |X| SET ASIDE: 100% FOR:

|X| SMALL BUSINESS |_| WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-

OWNED SMALL BUSINESS PROGRAM

|_| HUBZONE SMALL |_| EDWOSB

BUSINESS

|_| SERVICE DISABLED VETERAN- OWNED SMALL BUSINESS

|_| 8(A) NAICS: 561720 SIZE STANDARD: $19.5 million

USDA Forest Service Central CA Acquisition Service Area 631 Coyote Street Nevada City, CA 95959

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

14. METHOD OF SOLICITATION

|X| RFQ |_| IFB |_| RFP

15. DELIVER TO CODE

See specifications.

16. ADMINISTERED BY CODE

See block 9.

17a. CONTRACTOR / OFFEROR FACILITY

18a. PAYMENT WILL BE MADE BY CODE

|X| SEE ADDENDUM

Supervisors Office and Meyers Work Center Janitorial Lake Tahoe Basin Management Unit

See separate schedule sheet.

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

25. ACCOUNTING AND APPROPRIATION DATA

See IAS requisition.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

See schedule on next page.

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECT FOR

|PARTIAL | |FINAL

|_| COMPLETE |_| PARTIAL |_| FINAL

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.2/2012) BACK

SECTION B: SCHEDULE OF ITEMS

Lake Tahoe Management Unit Janitorial Solicitation No. 127EAS22Q0010

Base Period – April 1, 2022 – March 31, 2023

Option Year 01 – April 1, 2023 – March 31, 2024

Option Year 02 – April 1, 2024 – March 31, 2025

Option Year 03 – April 1, 2025 – March 31, 2026

Option Year 04 – April 1, 2026 – March 31, 2027

SIGNATURE:

DATE:

PRINTED NAME:

COMPANY:

ADDRESS:

EMAIL:

SAM UEI NUMBER:

PHONE:

Contents

Any prospective contractor desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing from the Contracting Officer soon enough to allow a reply to reach all prospective contractors before the solicitation closing date. Oral explanations or instructions given before the award of a contract will not be binding.

SECTION C. DESCRIPTION/ SPECIFICATIONS/ STATEMENT OF WORK

C.1 Scope of Work Description of Work: The intent of this contract is to furnish janitorial services for the Lake Tahoe Basin Management Unit Supervisors Office and Meyers Work Center.

Contractor Responsibility: The Contractor shall provide everything – including, but not limited to, all equipment, supplies, transportation, labor, and supervision – necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

C.2 Project Location & Description This project encompasses the Supervisors Office and several buildings in the Meyers Work Center location on the Lake Tahoe Basin Management Unit in South Lake Tahoe CA.

Site visit is available by appointment only. If your company would like to tour the buildings to be serviced prior to developing your quote, contact the Assistant Forest Engineer to schedule an appointment. RSVP to michael.t.alexander@usda.gov for appointments is due on or before 3:00 pm on February 3, 2022.

Attendance at a site visit will require compliance with COVID-19 social distancing and virus spread prevention guidelines.

Location 1: Lake Tahoe Basin Management Unit Supervisors Office, 35 College Dr. South Lake Tahoe, CA 96150.

The Supervisor’s Office consists of a 24,000 gross square foot building including a reception area, 28 individual offices/work areas, four restrooms including two showers, five conference rooms, a breakroom, an elevator, and a janitorial storage area on the first floor. Flooring is approximately 70 percent carpet, 30 linoleum or tile.

Location 2: Meyers Work Center, 3030 Highway 50, South Lake Tahoe, CA 96150.

The Meyers Work Center includes four office buildings:

Building A which is 1600 gross square feet including two restrooms and a breakroom, flooring is all old linoleum Building B which is 1140 gross square feet including one restroom and a breakroom, flooring is all old linoleum Building C which is 1300 gross square feet including two restrooms each containing a shower stall and a breakroom, flooring is half carpet, half old linoleum Building U which is 1050 gross square feet with one restroom, flooring is all good vinyl

Exclusions (non-work areas): Locked and/or Non-Serviced Rooms. At the Supervisors office, one room in the building is equipped with a privacy lock for administrative reasons. This room will not require services unless left unlocked.

Accessibility (all locations): Typically, 2 wheel drive vehicles can access all sites; however, in winter months a 4 wheel drive vehicle may be necessary depending on weather and road conditions, at the contractor’s discretion.

C.3 Estimated Start Date & Contract Time Start: April 1, 2022 Time: 12 months 4 additional, consecutive twelve-month periods, to be awarded at the option of the Government.

C.4 Workdays and Hours of Work Work shall be performed three days per week on Mondays, Wednesdays, and Fridays, between the hours of 4:00 p.m. and 9:00 p.m. The contractor must report to the Supervisors Office at 4:00 p.m. in order to gain access to the building prior to the end of business hours which is 5:00 p.m.

Work may not be performed on federal holidays, or during other office closures. Work that would normally have been scheduled on a closure day will be rescheduled for the next weekday that the offices are open.

Changes in schedule, other than emergency circumstances (e.g. snow storm/fire/power outage preventing safe access on normal work day) must be by bilateral agreement of the Contractor and the Contracting Officer.

C.5 Licenses and Insurance Worker’s Compensation Insurance: The Contractor shall provide evidence of Worker’s Compensation Insurance or a valid reason that exempts the Contractor from the requirement. NOTE: The Contractor working alone is not required to carry the insurance.

If the contractor fails to provide the documentation within 10 calendar days after contract time begins, the contract may be terminated for cause in accordance with FAR 52.212-4.

C.6 Technical Requirements This is a performance-based contract that expresses the Government’s requirements in the form of minimum quality standards to be met.

The Contractor must determine the optimal work schedule, resource allocations, and performance methods to achieve a work product that meets the standards set forth in the following pages.

SITE SPECIFIC REQUIREMENTS for SUPERVISORS OFFICE

Front Desk and Main Entrance Areas

Areas are free of trash or debris larger than a nickel.

REQUIREMENTS FOR ALL LOCATIONS

General/All Areas

Place trash from all receptacles in dumpsters.

Chairs are neatly arranged around desks and tables after vacuuming.

This item includes entryway rug/mats.

Includes door surface, handles, push bars, kick plates and trim.

Surfaces are free of smears, stains, debris, and finger marks. Hand-touch surfaces are disinfected.

Restrooms

Includes handrails, toilets, urinals, and hardware, sinks, mirrors, counters, waste receptacles, soap and paper product dispensers, and the walls of toilet stalls.

Porcelain and metal surfaces and fixtures are disinfected and clear of dust, spots, water spots, stains, rust, mold, mineral deposits, soap residue, excess moisture or other deposits and free of debris. Fixtures such as sinks toilets, and urinals are cleaned on inside and outside surfaces. Mirrors have a clean shine, clear of streaks.

Dispensers are filled at each service to ensure products do not run out before next service.

Conference Rooms, Break Rooms, and Kitchens

Includes counter tops and tables, sinks, microwaves, vending machines, refrigerators, and glass surfaces.

Contractor is not expected to wash dishes. If sink is filled with dishes, contractor is excused from that cleaning task for the day.

Break rooms and kitchen areas are free of all trash. Sink, counter, and tabletops are disinfected and free of dust, spots, stains, and streaks.

Exteriors of refrigerators, microwaves, and vending machines are disinfected and free of dust, spots, stains, and streaks.

Furniture is arranged so that the room has an orderly appearance.

C.6-1 Contractor-Furnished Equipment and Supplies Unless otherwise specified herein, the Contractor shall furnish all supplies, materials, and equipment necessary for the performance of work under this contract. All supplies and materials shall be of a type and quality that conform to applicable State and Federal specifications and standards and, to the highest extent feasible and reasonable, include the exclusive use of bio based products. All supplies, materials, and equipment to be used in the performance of work described herein are subject to the approval of the COR.

The Contractor shall submit with their quote a list indicating the name of the manufacturer, the brand name, and the intended use of each of the materials proposed for use in the performance of its work. The Contractor shall not use any materials, chemicals, or compounds which the COR determines would be unsuitable for the intended purpose or harmful to the surfaces to which applied or, as might be the case for such items as paper or soap products, unsatisfactory for use by occupants.

C.6-1-1 Bio Based Requirements The Contractor shall utilize products and materials made from bio based materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. For the bio based content products evaluation, all non-chemical products proposed for use under this contract must conform to the Department of Agriculture (USDA) Designated Bio based Products List (DBPL) whenever practicable.

The following is a list of products USDA requires to be bio based for custodial purposes. Each product submitted for use under this contract must be identified with one of these categories. Labeling should be printed on all containers.

Trash bags must contain at least 25% recycled post-consumer content and be biodegradable material.

C.6-2 Government-Furnished Equipment The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.

· Liquid hand soap

· Paper hand towels

· Toilet tissue

· Toilet urinal deodorant cakes

· Toilet seat covers

· Plastic garbage bags for individual garbage cans and contractor’s trash barrel.

· Secure areas for storage of Contractor-furnished materials

· Keys for storage areas and locked items such as paper towel dispensers. Keys are not to be duplicated, loaned, or allowed to be accessed or used by any persons not necessary to completing work under this contract. All keys must be returned to the Forest Service upon completion of the contract. Payment of final invoice will not be made until all keys are returned.

SECTION E. INSPECTIONS AND ACCEPTANCE

E.1 Government Inspections Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.

Visual inspections will be made on a periodic basis by the Contracting Officer's Representative or designated inspectors. Such inspections do not constitute acceptance by the Government.

E.2 Specific Inspection Procedures The contractor’s performance will be evaluated based upon the Required Results for each task listed in the tables in Section C.6. Methods and documentation may include written inspections or COR daily diaries with accompanying photos when deemed necessary, customer surveys, and/or records of customer complaints such as emails.

E.3 Determination of Acceptability and Payment Deductions Work on this contract will be deemed acceptable when the Government’s visual inspections show acceptable performance.

Payment will be made for fully acceptable work at the prices bid in the schedule of items. Payment will be made monthly upon receipt of a proper invoice in the IPP system (see Section G.3-1).

E.3-1 Performance Thresholds for Acceptability of Work All services are performed to Required Results performance measures outlined in the tables in Section C.6, and no more than five customer complaints are received and substantiated by the COR per month.

Major deficiencies, such as tasks not done at all, more than 30% of tasks are of unacceptable quality, or repeat occurrences (3 or more times) of the same issues, will trigger the deduction schedule as if the customer complaint threshold had been reached.

Customer complaints will be substantiated by the COR for validity. Should the COR determine that the complaint is valid, the COR will inform the Contractor and give the Contractor reasonable time to correct the defect, if it is possible to do so without disrupting government operations at the affected site. The COR will determine how much time is reasonable based on the individual situation.

Should the Contractor disagree with the complaint after investigation of the site, the Contractor shall notify the Contracting Officer. The Contracting Officer will review the matter with the COR to re-examine the validity of the complaint.

E.3-2 Deduction Schedule Should the threshold of valid customer complaints exceed the acceptable threshold per month, or if the Contractor does not correct the deficient work on time, a deduction of five (5) percent may be made from the applicable monthly invoice. Multiple instances of below standard work may be further deducted going up in five (5) percent increments, maxing in an amount of fifteen (15) percent per month.

F. DELIVERIES OR PERFORMANCE

F.1 Work Timing The Contractor shall begin work on the dates specified in the Schedule of Items, Section B.

Failure to begin work on schedule will make the contract subject to immediate termination for cause.

SECTION G. CONTRACT ADMINISTRATION DATA

G.1 Pre-work Pre-work conference. Before work begins on service contracts, a pre-work conference may be required to discuss the contract – especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer.

G.3 Payment Payments and Deductions. Payment will be made for fully acceptable work at the prices bid in the schedule of items. In accordance with the inspection clause, payment may be made for less than fully acceptable work at a reduced price (see Section E for deduction thresholds).

Contract Release. Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release.

A Contract Release FS-6300-0016 must be submitted with request/invoice for final payment in IPP, before final payment will be approved.

A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

G.3-1 Invoice Processing Platform (IPP) All payment requests must be submitted electronically through the US 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 FAR clause 52.212-4 Contract Terms and Conditions – Commercial Items. The IPP website address is: https://www.ipp.gov.

Each invoice shall be submitted on the Contractor’s letterhead or invoice form with the following:

1. Invoice date and Government Contract Number.

1. Billing period specified with beginning and ending dates. The beginning date must not be later than the completion date or within any previous billing dates.

1. An accounting (bulleted list, for example) of charges claimed and amounts due, identified by work task and contract line item number.

1. Total amount due for the billing period.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor’s Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank or Bureau of the Fiscal Service within 5 business days of award. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (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.

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H.1 Conduct All work under this contract shall be performed in a skillful and professional manner. The Contracting Officer may require the Contractor to remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable, or for theft or unauthorized possession or removal of materials, supplies, equipment, or property.

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity, and shall be responsible for taking such disciplinary action with respect to the employee(s) as may be necessary.

The Contractor shall prohibit their employees from disturbing papers on desks, opening desk drawers or cabinets, or using Government telephones or office equipment.

The Contractor will be notified of non-compliance and will be requested to correct the condition at the Contractor’s expense.

The contractor will not be allowed to have any pets or persons not employed under the contract on the premises.

The following restrictions apply to the Contractor and employees:

a. Smoking: All Government facilities are non-smoking. The Contractor shall not smoke on the premises.

b. Gambling: The Contractor shall not participate in games for money or personal property while on the premises.

c. Alcoholic Beverages and Narcotics: The Contractor shall not be under the influence of, use, or be in possession of any narcotic drug, hallucinogenic, marijuana, barbiturate, amphetamine or alcohol while entering on or on the premises. This prohibition shall not apply in cases where the drug is being used as prescribed for a patient by a licensed physician.

d. Soliciting or Vending: The Contractor shall not solicit or sell any items while on the premises.

e. Firearms: The Contractor shall not be in possession of any firearms while on the premises.

H.2 Security The contractor shall be responsible for securing the premises upon completion of each service.

The contractor or his/her employees shall not leave exterior doors or windows open upon entry, during performance of services, or upon exiting from the building.

The contractor shall check to see that all exterior doors and windows are locked and that exterior lights are turned on before departing.

The contractor shall place an "out of order'' sign on any plugged or otherwise inoperable toilets, sinks, drains, or drinking fountains and report it to the Contracting Officer’s Representative.

H.3 Contractor Employee Identification All Contractor employees shall wear a standardized company uniform, company t-shirt, or company identification badge clearly displayed, while performing work under this contract.

H.4 Quality Control Plan The contractor shall provide a method of self-inspection to assure that the quality of performance meets or exceeds those specified in this solicitation. This plan is to be easy to use, maintain, understand, and be customized to this project. The plan is to be provided with the contractor’s offer.

H.5 Public Officials not Personally Liable There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

H.6 Designation of Contracting Officer’s Representative (COR) The Contracting Officer designates the Contracting Officer's Representative (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment for the work in question.

H.7 Approval of Subcontracting The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The written notification shall include as a minimum:

1. The name, address and telephone number of the subcontractor;

2. The date upon which the subcontract was entered into and its duration;

3. A detailed description of the work being subcontracted including a listing of contract items;

4. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

H.8 Contractor Representatives The Government may deal officially and directly only with the contract signer, with corporate officers with legal contractual authority, or with persons specifically designated by the contractor to act as official representatives. The name and the specific authorities of the foreman or manager must be designated in writing to the Contracting Officer. The contractor shall have a person on site that is fully conversant in the English language.

PART II – CONTRACT CLAUSES

SECTION I. CONTRACT TERMS & CONDITIONS

FAR 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 the clauses may be accessed electronically at these addresses:

FAR: www.acquisition.gov/far AGAR: https://www.acquisition.gov/agar

AGRICULTURE ACQUISITION REGULATIONS (AGAR)

AGAR 452.228-71 Insurance – Work on a Government Installation (Nov 1996) Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(End of clause)

FEDERAL ACQUISITION REGULATIONS (FAR)

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

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of clause)

52.217-8 - Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of the period of performance end date. (End of Clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 14 days of the contract end date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months. (End of Clause) 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) Incorporated by Reference 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (JAN 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015(Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021)(Section 1634 of Pub. L. 115-91).

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

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

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

[Contracting Officer Check as appropriate.] _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101note).

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C.644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

_X_ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 637s).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

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

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

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

_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.793 _X_ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

_X_ (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332).

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

[Contracting Officer Check as appropriate.] _X_ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs(a),(b),(c), and(d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph(e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements(Jan 2017)(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

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

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

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C.4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C.4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (xiii)

(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

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

(xvi) 52.222-54, Employment Eligibility Verification (NOV 2021)(E.O. 12989).

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

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. Appx. 55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

SECTION J. ATTACHED DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract. (End of clause)

NOTE: IN COMPLIANCE WITH THE PAPER REDUCTION ACT, FAR CLAUSES 52.212-3, 52.212-1 AND 52.212-2 AND ADDENDUMS ATTACHED THERETO, WHICH APPLY ONLY TO THE SOLICITATION PHASE, ARE NOT DUPLICATED AFTER CONTRACT AWARD. HOWEVER, THEY ARE INCORPORATED BY REFERENCE INTO THE RESULTING CONTRACT.

PART IV: REPRESENTATION & INSTRUCTIONS

SECTION K. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

52.212-3 Offeror Representations and Certifications -- Commercial Items (Nov 2021) Incorporated by Reference 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.

52.204-7 System for Award Management (Oct 2018)

(a) Definitions. As used in this provision— “Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11)for the same entity.

“Registered in the System for Award Management (SAM)” means that–

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(…