Solicitation 129JGP20Q0014 Quincy and Blairsden Janitorial.docx

129JGP20Q0014 Quincy and Blairsden Janitorial Plumas National Forest

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

Sarah Hill, Contracting Officer

b. CONTACT INFORMATION

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

8. OFFER DUE DATE / TIME

June 4, 2020 3:00 pm Pacific

9. ISSUED BY CODE 9JGP

10. THIS ACQUISITION IS |_|UNRESTRICTED OR |X| SET ASIDE: _100_ % FOR:

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

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

|_| HUBZONE SMALL SMALL BUSINESS PROGRAM

BUSINESS

|_| SERVICE DISABLED |_| EDWOSB NAICS: 561720

VETERAN- OWNED

SMALL BUSINESS |_| 8(A) 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

|_| 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

Quincy and Blairsden Janitorial Plumas National Forest 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

PART I – THE SCHEDULE

SCHEDULE OF ITEMS – Part 1 of 3, Base Items

SECTION B: SUPPLIES/SERVICES & PRICES/COSTS

Quincy and Blairsden Janitorial Plumas National Forest Solicitation No. 129JGP20Q0014

Base Year 2020

Beckwourth Ranger District, 23 Mohawk Road, Blairsden CA 96103

Forest Supervisor’s Office, 159 Lawrence Street, Quincy CA 95971

Mt. Hough Ranger District, 39696 Hwy 70, Quincy CA 95971

2. Responses without prices for each item, location, and year may be rejected.

PRICE SUBMITTED BY:

SIGNATURE:

DATE:

COMPANY NAME:

CONTACT NAME:

ADDRESS:

EMAIL:

UEI or DUNS NUMBER:

PHONE:

SCHEDULE OF ITEMS – Part 2 of 3, Option Items

SECTION B: SUPPLIES/SERVICES & PRICES/COSTS

Quincy and Blairsden Janitorial Plumas National Forest Solicitation No. 129JGP20Q0014

Option Year 2021

Beckwourth Ranger District, 23 Mohawk Road, Blairsden CA 96103

Forest Supervisor’s Office, 159 Lawrence Street, Quincy CA 95971

Mt. Hough Ranger District, 39696 Hwy 70, Quincy CA 95971

2. Responses without prices for each item, location, and year may be rejected.

PRICE SUBMITTED BY:

SIGNATURE:

DATE:

COMPANY NAME:

CONTACT NAME:

ADDRESS:

EMAIL:

UEI or DUNS NUMBER:

PHONE:

SCHEDULE OF ITEMS – Part 3 of 3, Option Items

SECTION B: SUPPLIES/SERVICES & PRICES/COSTS

Quincy and Blairsden Janitorial Plumas National Forest Solicitation No. 129JGP20Q0014

Option Year 2022

Beckwourth Ranger District, 23 Mohawk Road, Blairsden CA 96103

Forest Supervisor’s Office, 159 Lawrence Street, Quincy CA 95971

Mt. Hough Ranger District, 39696 Hwy 70, Quincy CA 95971

2. Responses without prices for each item, location, and year may be rejected.

PRICE SUBMITTED BY:

SIGNATURE:

DATE:

COMPANY NAME:

CONTACT NAME:

ADDRESS:

EMAIL:

UEI or DUNS 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 Beckwourth Ranger District, Mt. Hough Ranger District, and the Plumas National Forest Supervisor’s Office.

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 offices in three locations on the Plumas National Forest.

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 Contracting Officer to schedule an appointment. RSVP for appointments is due on or before 3:00 pm on May 8, 2020. Attendance at a site visit will require compliance with COVID-19 social distancing and virus spread prevention guidelines.

Location 1: Beckwourth Ranger District, located at 23 Mohawk Road, Blairsden CA 96103 The Beckwourth Ranger Station consists of 4 buildings and includes 40 carpeted rooms, 7 restrooms (1 with a shower), reception area, conference room/break room/kitchen, hallways, and 1 janitor closet. Estimated square footage is 9,889.

Location 2: Plumas National Forest Supervisor’s Office, located at 159 Lawrence Street, Quincy CA 95971 The Supervisor’s Office consists of 6 buildings and includes 50 carpeted rooms, 14 restrooms (1 with 2 showers), reception area, 3 conference rooms, 2 break room/kitchens, hallways, and 2 janitor closets. Estimated square footage is 20,526.

Location 3: Mt. Hough Ranger District, located at 39696 Hwy 70, Quincy CA 95971 The Mt. Hough Ranger Station consists of 2 buildings and includes 31 carpeted rooms, 9 restrooms (2 with showers), reception area, conference room area (including 1 large carpeted classroom, hallway, laundry area, and 4 of the restrooms mentioned above, 2 with showers), break room/kitchen, hallways, and 1 janitor closet. Estimated square footage is 12,500.

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 Please note that the start date is dependent on, among other factors, the reopening of facilities that are currently closed due to the COVID-19 pandemic. Award of contract may occur prior to opening of facilities, with a flexible start date of work negotiated after award, and the Period of Performance adjusted accordingly.

Start: June 22, 2020 Time: 12 months Optional: Two (2) additional, consecutive twelve month periods C.4 Restrictions on Work Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14).

Work Days and Hours of Work:

Work shall be performed on at least two (2) non-consecutive weekdays per week, between the hours of 8:00 a.m. and 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.

Scheduling of designated work days and times within these parameters will be agreed on by the Contractor and Contracting Officer prior to work starting under the contract. 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 COR.

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.

General/All Areas

Place trash from all receptacles in dumpsters.

Chairs are neatly arranged around desks and tables after vacuuming.

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 hand rails, 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.

Front Desk and Main Entrance Areas

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, tabletops, and microwaves are disinfected and free of dust, spots, stains, and streaks.

Exteriors of refrigerators and vending machines are 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 The following secure storage rooms for a limited amount of supplies and equipment will be provided to the contractor.

Beckwourth: There is one janitorial closet available. It includes floor space of 42” x 32”and shelving.

Supervisors Office: A closet or room of approx. 5’ x 5’ with shelving.

Mt. Hough: There is one janitorial closet available in the main office. It is located on the second floor. The room is 8’ X 9’ in size and lockable, there is a deep sink and adequate shelving. The upper conference room has a small closet for supplies and an area locked off from the main meeting room to store vacuum cleaners, mop buckets, mops and other larger objects.

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. Following is the minimum-required list of consumables:

· Liquid hand soap - unscented

· Paper hand towels – must fit existing dispensers

· Toilet paper (2-ply or better)

· Solid cake toilet room deodorant

· Urinal deodorant cakes

· Paper toilet seat covers

· Trash bags for interior trash containers (Trash bags must contain at least 25% recycled post-consumer content and also be biodegradable material.)

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 also 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.

· 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, 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 within three (3) calendar days after the effective date of the Notice to Proceed.

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

If this solicitation has more than one numbered item, award of more than one item to one contractor will not change the start work dates or the amount of contract time; times will run concurrently.

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.

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

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 telephones or office equipment provided for official Government use.

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 (family members or otherwise) under the age of 16 years on the premises to either work or accompany the contractor or his/her employees during performance of the contract.

The following restrictions apply to the Contractor and employees:

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

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

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 Government property. 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 Government property.

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

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

The contractor 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 premises.

The contractor shall promptly report to the Contracting Officer’s Representative any instance (by specific date, time, and location) of having to perform lockup, to turn on exterior lights, or to shut windows.

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.

Interior lights shall be turned off after each room or area has been serviced.

H.3 Contractor Employee Identification All Contractor employees shall wear a standardized company uniform, company t-shirt, or company identification badge clearly displayed, while on Government property 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 applicable to this solicitation. The plan is to be provided with the quote.

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, units, etc., as appropriate;

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.

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:

FEDERAL ACQUISITION REGULATIONS (FAR)

52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEP 2013)

AGRICULTURE ACQUISITION REGULATIONS (AGAR)

452.236-77 Emergency Response (NOV 1996)

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 3 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 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) 52.203-19, 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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (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. 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.)

_XX_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (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).

_XX_ (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 (Oct 2018) (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] _XX_ (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 (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Aug 2018) of 52.219-9 __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (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 (Oct 2019) (15 U.S.C. 657f).

_XX_ (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)).

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

__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

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

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

__ (ii) Alternate I (Feb 1999) of 52.222-26.

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

__ (ii) Alternate I (July 2014) of 52.222-35.

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

__ (ii) Alternate I (July 2014) of 52.222-36.

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

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

_XX_ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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).

_XX_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

__ (35) (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)).

__ (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.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693).

__ (38) (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.

__ (39) (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.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (41) (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.

_XX_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47) (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.

__ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (49) 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).

__ (50) 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).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

_XX_ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_XX_ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (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.

__ (iii) Alternate II (Feb 2006) 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.] _XX_ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_XX_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

_XX_ (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).

_XX_ (4) 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).

__ (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).

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

_XX_ (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).

(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) 52.203-19, 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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.