Solicitation 127EAY21Q0001 BVRD Janitorial.doc

ADDENDA SHEET – Project Name

BIG VALLEY RANGER STATION OFFICES JANITORIAL SERVICES

Modoc County | Modoc National Forest Base Period:

Dec 1, 2020 – Nov 30, 2021 (12 months) Option Period 1:

Dec 1, 2021 – Nov 30, 2022 (12 months)

Option Period 2:

Dec 1, 2022 – Nov 30, 2023 (12 months) Table of Contents

2SF 1449

3SUBMISSION OF QUOTES

3RESPONSE REQUIRED TO BE CONSIDERED FOR AWARD

4CONTRACT CLAUSES

11CONTRACT DOCUMENTS, EXHIBITS AND ATTACHMENTS

11SCOPE OF THE CONTRACT

11LOCATION AND DESCRIPTION

11GOVERNMENT FURNISHED COMPONENTS

11CONTRACTOR FURNISHED COMPONENTS

12GOVERNMENT PERSONNEL AND AUTHORITIES

13CONTRACTOR REQUIREMENTS

13Personnel:

13Background Check Requirement for Personnel:

13Insurance Requirement:

13Conservation of Utilities and Building Security:

14Keys/Keycards:

14Lost and Found Property:

14Subcontracting:

14Safety:

14Smoking Restrictions:

14Circumstances to Be Reported:

15PERFORMANCE OBJECTIVES AND STANDARDS

15SERVICE AREAS, RESULTS, FREQUENCY AND SCHEDULES

18CONSTRAINTS AND EXEMPTED TASKS

18IN THE EVENT SERVICES ARE NOT PERFORMED OR REQUIRED

18EMERGENCY OR SPECIAL EVENT CLEANING SERVICES

18PREWORK CONFERENCE AND OTHER MEETINGS

19CONTRACTOR’S QUALITY CONTROL PROGRAM

19INSPECTION: GOVERNMENT’S QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

20INVOICING AND PAYMENT

20BIOBASED, BIOPREFERRED, NONTOXIC, AND EPA COMPLIANCE INFORMATION

21WAGE DETERMINATION

21REQUIRED CONTRACTOR SUBMISSIONS

21LIST OF ATTACHMENTS

22SOLICITATION PROVISIONS

22GOVERNMENT POINTS OF CONTACT

22EVALUATION FACTORS

36AGAR Provision 452.209-70

OPTIONAL RESPONSE FORMS……..…………………………………...…………………..….End of Solicitation

SF 1449

127EAY21Q0001

6. SOLICITATION ISSUE DATE

11/04/2020

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

b. TELEPHONE NUMBER 530-233-8756 Office

530-233-8759 Fax

8. OFFER DUE DATE/

11/19/2020 4:30 PM Local Time

USDA FOREST SERVICE

Procurement & Property Services (PPS) Southwest Zone, Service & Supply 225 West 8th Street

ALTURAS, CA 96101

SET ASIDE: 100% FOR

UNRESTRICTED OR

SMALL BUSINESS

NAICS: 561720 EMERGING SMALL BUSINESS

HUBZONE SMALL BUSINESS

SIZE STANDARD SERVICE-DISABLED VETERAN-

$18.0 million 8(A) OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

14. METHOD OF SOLICITATION

RFP IFB RFQ

15. DELIVER TO (PERFORMANCE LOCATION)

BIG VALLEY RANGER STATION

508 SOUTH MAIN STREET | ADIN, CA 96006

16. ADMINISTERED BY CODE

SEE BLOCK 9

17a. CONTRACTOR/ OFFEROR

NAME:

18a. PAYMENT WILL BE MADE BY:

ALL INVOICES MUST BE SUBMITTED VIA THE INVOICE PROCESSING PLATFORM AT WWW.IPP.GOV.

PAYMENT WILL BE MADE BY EFT (ELECTRONIC FUNDS TRANSFER).

ADDRESS:

PHONE:

DUNS #:

EMAIL:

SEE ADDENDUM

BIG VALLEY RANGER STATION JANITORIAL SERVICES, MODOC NATIONAL FOREST

Base Year Services (Dec 2020 – Nov 2021) Option* 1 Services (Dec 2021 – Nov 2022)

Option* 2 Services (Dec 2022– Nov 2022)

*Options may be exercised unilaterally by Gov’t.

MO

MO

MO

ARE NOT ATTACHED

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

ARE

ARE NOT ATTACHED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212

SUBMISSION OF QUOTES

There is no need to return any portion of the solicitation that is not part of a quote.

Email submission of quotes is preferred, to margaret.forrest@usda.gov. Quotes by fax of up to 20 pages are acceptable to 530-233-8759. Quoters should call 530-233-8756 to confirm their quotes were received. Quotes may be mailed/delivered to USDA FS, PPS, Margaret Forrest, 225 8th Street, Alturas, C 96101.

RESPONSE REQUIRED TO BE CONSIDERED FOR AWARD

SAM (System for Award Management) Entity

SAM is a government database for Contractor business and payment information. Quoters must have a DUNS Number and an Active SAM Entity to receive award.

1. Quoters with an Active SAM Entity shall provide their DUNS Number.

2. Quoters without an Active SAM Entity shall:

a. Complete and return FAR Provision 52.212-3, Offeror Representations and Certifications – Commercial Items. The Provision is provided in the Solicitation Provisions section.

b. Quoters may submit quotes before SAM Entity Registration/ Activation is complete but are advised that Activation can take 10+ days to process after Registering and that award may follow as soon as one day after the Solicitation closes. Award cannot be made without an Active SAM Entity and the Government may not delay award while an Entity becomes Active.

It is 100% FREE to obtain a DUNS No. or SAM Entity or to contact the FSD through official sources.

· To obtain a DUNS Number: http://fedgov.dnb.com/webform

· To Register or Renew a SAM Entity: www.sam.gov Register Quick Start Guide: https://www.sam.gov/sam/transcript/Quick_Guide_for_Contract_Registrations.pdf Renew Quick Start Guide: https://www.sam.gov/sam/transcript/Quick_Guide_for_Updating_or_Renewing_CCR-SAM_Registrations.pdf

· To contact the SAM Helpdesk (The Federal Service Desk, or FSD): www.fsd.gov AGAR Provision 452.209-70 (Provided) All quoters shall fill out AGAR Provision 452.209-70 (Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction, Deviation 2012-01, Alternate 1) and provide it with the quote.

Response to Evaluation Factors (Technical and Price Criteria)

All quoters must respond to all Evaluation Factors as described in the Evaluation Factors section and include all specifically requested information. Incomplete responses may not be considered.

Optional Response Forms are provided as a courtesy for responding to non-price criteria. Quoters are responsible to submit sufficient information for the Contracting Officer to evaluate the quoter’s qualifications in accordance with evaluation criteria provided. Quoters are not limited to use of the Optional Response Forms and may use other means instead of, or in addition to, the optional forms.

Site Visit (Pre-Quote) No site visit is scheduled, but interested parties are urged and expected, prior to submitting a quote, to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim or contract price adjustment after award. To schedule a site visit or obtain additional information about the site contact Amanda Shoaf 530-708-1739 or by email amanda.shoaf@usda.gov.

CONTRACT CLAUSES

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 a clause or provision may be accessed electronically at:

www.acquisition.gov/far/ (FAR) and http://www.dm.usda.gov/procurement/policy/agar.htm (AGAR).

The following clauses are incorporated by reference.

AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS -- ALTERNATE I (FEB 2012)

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from December 1, 2017 through November 30, 2018 for the Base Period; Exercise of any Options will extend contract time.

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.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2020)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

_X (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

_X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

_X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

_X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (47) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (48)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (49) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X (50) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (51) 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).

__ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_X (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (55) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.]

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_X (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

_X (3) 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 (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 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).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

_X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(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, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(ix) 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.

(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xi) X 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xii) 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).

(xiii) 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).

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016)).

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

(xix) 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).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

FAR 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.

FAR 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 15 days 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 3.5 years.

Note for FAR 52.217-8 and FAR 52.217-9: Within the given deadline, the Government may unilaterally exercise an option. After the given deadline, the Contractor and Government may mutually agree to exercise an option.

FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

FAR 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond November 30 of the current year. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond November 30 of the current year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

FAR 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

FAR 52.246-4 INSPECTION OF SERVICES – FIXED PRICE (AUG 1996)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

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

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

CONTRACT DOCUMENTS, EXHIBITS AND ATTACHMENTS

SCOPE OF THE CONTRACT

The contractor is responsible to maintain the building interior, and indicated exterior portions, at a level of cleanliness standard for commercial administrative buildings. The quantity of office furniture or utilization of floor space is subject to change during the contract period. Performance, the necessity of rework, and any payment deductions shall be based on the Government’s evaluation of the results compared to the standards and expectations indicated in the contract. Standard janitorial practices and proper use of cleaning materials and equipment are required.

LOCATION AND DESCRIPTION

The Contractor shall perform janitorial duties at the Big Valley Ranger District Offices located at 508 S. Main Street, Adin, CA 96006. The Big Valley Ranger District Offices are approximately 2680 square feet of floor space with 2 restrooms. The Fire Office, detached from the main office, has approximately 1320 square feet with 2 restrooms and a copy room. The Captain’s Office, detached from the main office, has approximately 150 square feet. The total all space to be cleaned is approximately 4150 square feet though not all of this area might be serviceable.

GOVERNMENT FURNISHED COMPONENTS

The Government shall supply the following components for the performance of work under this contract. As supplies need replenishing, the Contractor shall notify the designated Contracting Officer’s Representative no less than 2 weeks in advance so needed items can be ordered.

· All utilities necessary for the performance of work under this contract.

· Keys, key cards and/or access codes for use by the Contractor in the performance of services under this contract. See also Keys/Keycards under Contractor Requirements.

· Space will be assigned, as available in the building, for the storage of an inventory of supplies and equipment used in the performance of work under the contract, for which a key will be provided. The Government will not be responsible in any way for damage or loss of parts or equipment.

· Telephones will be available for the Contractor’s use in making local calls for emergency purposes only.

· Toilet tissue, liquid hand soap, paper towels, toilet seat covers and deodorant products

· Waste basket liners (plastic bags) and trash receptacles

· Anti-static agents for carpets

· Daily logs/ checklists for Contractor use when invoicing

· The Government shall cover the fee to obtain an HSPD-12 background investigation on up to two (2) occasions for Contractor’s personnel/ employees designated to perform services in the Government facility without Government accompaniment.

CONTRACTOR FURNISHED COMPONENTS

The Contractor shall provide all supervision, labor, materials, supplies, and equipment required to meet the terms of the contract except those listed under Government Furnished Components. All applicable Contractor-furnished equipment shall include bumpers/guards to prevent marking or scratching of fixtures or building surfaces. The following supplies will also be provided by the Contractor:

· Disinfectant

· Cleaning compounds such as toilet bowl cleaner, all-purpose cleaner, glass cleaner, floor cleaner, etc.

· Mops, rags, brushes, and paper towels for cleaning

· Floor wax and wax stripper for fire annex restrooms (as needed) – not needed for main building

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

The contractor shall purchase and use Energy Star or other energy-efficient items listed on the Department of Energy’s Federal Energy Management Program (FEMP) Product Energy Efficiency Recommendations product list.

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

The Contractor shall provide protective gloves, safety eyeglasses, and any other applicable safety equipment needed to execute the contract.

The Contractor is responsible to pay the HSPD-12 background investigation fee(s) for any necessary applications, after the two (2) occasions furnished by the Government, at the amount of the fee at the time it is due ($171.00 as of November 2014). If the fee amount increases after award and the Contractor is responsible for the fee, a contract price adjustment may be made in the amount of the fee increase).

GOVERNMENT PERSONNEL AND AUTHORITIES

The Contracting Officer (CO) and Contracting Officer’s Representative (COR) are the main points of contact under this contract. In addition, Inspectors may be designated at or after contract award. The names and contact information of all Government personnel designated under this contract will be provided to the Contractor after award.

The CO designates the COR, who 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 CO prior to completion of the contract.

No person other than the CO is authorized to change the scope or any clause or provision of this contract. Changes to contracts for commercial items and services must be by mutual agreement between the Contractor and the CO only. The Contractor is responsible to take direction only from Government officials indicated in the contract. The COR may communicate performance indicated in the contract to ensure compliance but no person other than the CO can obligate the Government for additional work not present within the contract. The Government is not responsible for costs incurred during the performance of work not present within the contract and/or directed by non-authorized persons. Whenever, in the opinion of the Contractor, any person directs or communicates an expectation of effort outside the scope of the contract, the Contractor should so advise the COR or CO.

CONTRACTOR REQUIREMENTS

Personnel:

All work under this contract shall be performed in a skillful and professional manner. The Contractor shall him or herself be, or shall employ persons who are, qualified and capable to perform janitorial work and shall as a part of the quote and when changes occur provide a list of persons who will be on the premises and for what purpose(s). Persons under the age of 18 are not permitted on the premises while work is performed.

The Contractor shall prohibit employees from disturbing papers on desks, opening desk drawers or cabinets, using government telephones or other office equipment, leaving the Government building unlocked or using any Government employee’s property. The CO may, in writing, require the Contractor to remove from the premises any employee the Government deems incompetent, careless, or otherwise objectionable, or for theft, possession and/or removal of materials, supplies, equipment, or any Government property.

Background Check Requirement for Personnel:

The contractor shall ensure that all required personnel/employees respond within one week of each prompt for action or information (initial or additional) as part of the HSPD-12 Background Investigation requirement and its associated maintenance. For each member of the Contractor’s personnel/ employee(s) to access the Government facility unaccompanied by the Government (i.e. for overnight cleaning), submittal to the mandatory background investigation includes the provision of pertinent information to the Government, fingerprinting, and response to any queries from the Person Model point of contact. Maintenance activities may include but may not be limited to mandatory annual completion of a short information security training exam, materials for which will be available online or provided via email or in hard copy by the CO or COR.

When the premises covered under the contract require or utilize LincPass keycards for building entry, the Contractor’s personnel/ employees must also visit a USDA Activation Center to obtain a physical LincPass keycard. Visitation of an Activation Center is not required for any Contractor’s personnel/ employees whose worksite buildings utilize traditional keys or non-LincPass keycards.

Failure of the Contractor’s personnel/ employee(s) to respond within one week of receiving any prompt in the background investigation process may result in the issuance of Cure Notices, requirement of removal of the Contractor’s personnel/ employee(s) from the premises, or termination of the contract.

As required through mandate or policy changes, additional requirements to those listed may be added to the contract. Alerts regarding requirements needing attention are generally sent to the Contractor via email to the address(es) provided during the HSPD-12 Background Investigation application. The CO is always available to confirm the validity of any such email communication sent to the Contractor.

Insurance Requirement:

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

Worker’s Compensation Insurance: The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry the insurance.

Conservation of Utilities and Building Security:

Upon completion of the work at each site the contractor personnel shall ensure that (unless otherwise instructed by the CO or COR) all lights are off, all wall windows and entrance doors are locked and the alarm system armed. If the building is occupied by the Government after normal working hours, Contractor’s personnel shall notify the Government personnel of their departure and leave the exterior doors locked. The Contractor shall not disturb papers on desks, or bulletin boards, open drawers or cabinets, or use telephones or any office equipment provided for official Government use, except for emergency calls to the CO, police or fire department. It is the responsibility of the Contractor to secure the building upon completion of work and close and lock entry gates.

Keys/Keycards:

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

A.

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

B.

The Contractor will report the occurrence of a lost key/ keycard to the COR or CO no later than the next business day.

C.

It is the responsibility of the Contractor to prohibit the use of keys/ keycards issued by the Government to any person other than the Contractor’s employees. Contractor’s employees are prohibited from opening locked areas to permit entrance by other persons (except for other Contractor’s employees).

Lost and Found Property:

The Contractor shall ensure all articles of possible personal or monetary value found by the janitorial service provider(s) or inspector(s) are turned into the COR or CO.

Subcontracting:

The Contractor shall notify the CO in writing in advance of entering into any subcontract agreement for the provision of services under this contract. The Contractor’s notification shall include the specific work to be accomplished by the subcontractor.

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

Safety:

The Contractor shall be responsible for instructing company employees in appropriate safety measures and providing hazard communication training including the appropriate handling of chemicals per OSHA 29 CFR 1910.1200. The Contractor shall provide, place, and remove appropriate warning signs for wet or slippery floor areas caused by cleaning or waxing applications. Cloths, mops or brushes containing a residue of wax or other combustible material subject to spontaneous ignition shall not be stored inside the building. Contractor shall provide copies of Material Safety Data Sheets (MSDS) for any cleaning chemicals provided by the Contractor. Cleaning supplies, including solutions and solvents, both liquid and powders must be stored in designated areas that are locked and under the Contractor’s control. They must be stored in secure areas after every cleaning day.

Smoking Restrictions:

The Forest Service Office is a non-smoking building. The Contractor shall insure his/ her employees do not smoke inside the building.

Circumstances to Be Reported:

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

Communication Procedures:

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

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

PERFORMANCE OBJECTIVES AND STANDARDS

The Contractor shall ensure that the building presents an overall appearance of cleanliness. The Contractor shall provide sufficient supplies, materials and equipment to adequately maintain the premises at an acceptable level of cleaning that is consistent with comparable industry standards for this type of contract (except those which are Government-furnished). The definition of clean is for all areas, objects and surfaces to be free of dirt, water streaks, gum, grease, tar, or any other extraneous matter in order to present an overall appearance of cleanliness. Performance will be judged based on the Contractor’s success in meeting the performance and quality standards, not the method of performance.

SERVICE AREAS, RESULTS, FREQUENCY AND SCHEDULES

Listed below are the specific tasks and associated frequencies the Contractor is required to meet in this contract.

Services shall be provided twice per week (except Federal holidays) on the following schedule unless otherwise agreed between the Contractor and COR in a temporary or permanent basis:

· Once between Wednesday at 6:00PM and Thursday 6:00AM, and

· Once on the weekend between Friday 6:00PM and Monday 6:00AM.

Prior approval from the CO is required before work may be performed on a Federal holiday. Should a Federal holiday occur on a scheduled cleaning day, the Contractor shall work either the night immediately prior to the holiday or the night immediately following the holiday, unless another…