Solicitation 75R60121Q00007.pdf
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
NHDP2
National Hansens Disease Program Management and Policy Office of Acquisition
HRSA/OAMP/NHDP
CODE 16. ADMINISTERED BYCODE
X
X
561720
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED ORNHDP2
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
04/09/2021 1000 CT
03/25/2021
225-756-3785ANGELA WHITNEY
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
75R60121Q00007
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 31 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
Baton Rouge LA 70809
TELEPHONE NO.
17a. CONTRACTOR/
15. DELIVER TO
Baton Rouge LA 70809 National Hansens Disease Program Management and Policy Office of Acquisition
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$19.50
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULE
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
HRSA/OAMP/NHDP
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Title: Residential Housekeeping Services Initiative ID#: NHDP167_C_3572 Award Type: Firm-Fixed Price
This is a combined synopsis/solicitation for commercial items. This requirement is issued pursuant to Federal Acquisition Regulation (FAR) Part 12.102 and Part 13.500 under NAICS Code 561720 - Janitorial Services, with a small business size standard of $19.5M with PSC Code S201 Housekeeping - Custodial Janitorial. This
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
JENNIFER M. LOHMEIER
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
requirement is being solicited as unrestricted, all qualified offerors are eligible to submit a proposal under this Solicitation. This announcement constitutes the only solicitation, quotations are being requested and a separate solicitation will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition
Circular 2020-05.
The contractor shall provide the required
Residential Housekeeping Services in accordance with the attached Statement of Work (SOW) -
Attachment A, dated March 25, 2021.
Provide the following information:
1. Contact Name, Phone and Fax Number:
2. Email Address: _______________________
3. DUNS Number: _______________________
Note the following attachments with this form:
Attachment A - Statement of Work (SOW)
Attachment B - Past Performance Questionnaire
Attachment C - Non-Disclosure Agreement (NDA)
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32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
31 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
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75R60121Q00007
Note to Contractor:
The Contracting Officer Representative (COR) does not possess the authority to approve additional hours/services/changes in the period of performance and/or pricing under this procurement. The Contracting Officer (CO) is the only entity that can authorize these type of changes. A written request should be forwarded to the Contracting Office Point of Contact prior to providing the Government additional hours/services. Once your written request has been submitted, an official modification document or verbal approval from the HRSA Contracting
Office should be received before proceeding.
Failure to comply could result in cost overruns that will not be the responsibility of the
Government.
The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/content/part-52-solici tation-provisions-and-contract-clauses.
FAR 52.212-1 - Instructions to Offerors -
Commercial Items (JUN 2020), applies to this acquisition.
General
Contained herein are the minimally acceptable requirements for quote information that is to be submitted in accordance with the following instructions for the format and content of quotes. Offeror's shall submit the quote volumes stated below to be considered responsive to this solicitation, no exceptions. Failure to submit a completed quote by the time that quotes are due will result in the exclusion from further consideration by the Government for award.
Quotes shall stipulate that it is predicated upon all the terms and conditions of this solicitation. In addition, it must contain a statement to the effect that the quote is valid for a period of at least 90 days from the date of
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Sponsored by GSA
FAR (48 CFR) 53.110
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75R60121Q00007 receipt by the Government. Offerors shall submit quotes and data comprehensive enough to provide the basis for a sound evaluation. The data and information should be precise, factual, and responsive and shall be keyed to each paragraph of the technical quote requirements as outlined below.
Quote information shall be submitted in separate volumes and clearly labeled. Each volume shall be separate and complete unto itself so that the evaluation of one volume may be accomplished independently of the evaluation of the other volume(s).
Quotes shall be submitted in three (3) volumes as follows:
Volume Title
I Technical Quote
II Past Performance
III Business Quote
The solicitation shall be signed by an official authorized to bind your organization and shall be submitted with your quote by email by the date and time specified on page 1 of the solicitation to Charisse Whitney at cwhitney@hrsa.gov.
PRE-PROPOSAL SITE VISIT
Vendors are encouraged to participate in a pre-proposal site visit to view the space.
The pre-proposal site-visit will take place at
9181 Interline Ave, Baton Rouge, LA 70809, on
Wednesday, March 31, 2021 from 10:00AM Central
Time to 11:00AM Central Time. No exceptions will be allowed for late arrivals.
Vendors must notify Charisse Whitney via email at cwhitney@hrsa.gov by 1:00PM Central Time, Tuesday, March 30, 2021, with their intent to participate in the site-visit, to include the name, title, and citizenship of all attendees.
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QUESTIONS
Vendors may submit questions requesting clarification of this requirement via email upon completion of the pre-proposal site visit. Any clarifying information issued by the Government will be provided to all prospective vendors. All questions must be submitted via email to Charisse
Whitney at cwhitney@hrsa.gov by 4:00PM Central
Time, April 1, 2021. Questions submitted after the due date and time for questions will not be accepted. Any resulting addition, deletion, or change to the solicitation will be made by issuing a formal amendment. Offerors are instructed to contact only the issuing contract office in connection with any aspect of this requirement prior to contract award.
Electronic documents submitted as part of your quote shall be submitted in Word or PDF, single spaced, printable on 8.5 x 11-inch paper, paginated front to back, font 12 Times New Roman, .5 to 1 inch margins, and searchable. Pricing information shall be submitted in MS Excel format with formulas intact. Each page shall be numbered in a page X of Y format, for example; page 1 of
3, page 2 or 3, page 3 of 3. Each page shall include a header that states the organizational name and if applicable a footer on applicable pages that notes that proprietary information.
Each volume shall be formatted to include a table of contents which corresponds to the section of that volume.
Technical Quotes shall not exceed 25 pages, including attachments, addendums, resumes and other required appendices. Offerors are advised to strictly observe limitations on the length and format specified since review of the quote will be limited to 25 pages. There is no page limit for the business quote.
Where data and/or information appear in one volume, it does not have to be repeated in any other part. However, if data and/or information does appear in more than one volume it shall be cross referenced by indicating the specific
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75R60121Q00007 location including the volume and page number as a minimum. The clarity, relevance, and conciseness of the quote is important, not the length.
The Government will evaluate quotes in accordance with the evaluation criteria set forth within this solicitation.
This solicitation does not commit the Government to pay any cost for preparation or submission of a quote. In addition, the Contracting Officer is the only individual who can legally commit the
Government to the expenditure of public funds in connection with this proposed acquisition.
United States Governmental, or Department of
Health and Human Services, or Health Resources
Services Administration, or National Hansen's
Disease Programs letterhead and/or logo should not be included in your quote. Your quote also should not include quotes from past contracts unless it is requested in the past performance section.
Technical Quote Instructions - Volume I
Volume I-Technical Quote shall not contain references to price/cost; however, resource information such as data concerning labor hours and categories, materials, subcontracts, past performance, etc., shall be contained in the technical quote so that the Offerors understanding of the statement of work may be evaluated. It shall disclose the technical approach in sufficient detail to provide a clear and concise presentation that includes the requirements of the technical quote instructions.
Volume I-Technical Quote shall include a statement indicating whether or not any exceptions are taken to the terms and conditions of this solicitation as part of the quote transmittal letter. Any exceptions taken must include identification of the specific paragraphs and rationale for each exception. Exceptions shall also be noted in the quote, at the location of the exception.
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In order to establish uniformity and to facilitate the evaluation, volume I shall address and be organized as follows:
1. Technical Approach.
The quote shall provide a statement of the purpose, scope, and problems of the requirements in the Offeror's own words to demonstrate a complete understanding of the intent and requirements of the project. The discussion shall include anticipated major problem areas, together with potential approaches for their solution.
The offeror shall describe its procedures for coordination of services and feedback mechanisms utilized with services provided.
Technical approach shall include a proposed schedule for performing the tasks in accordance with the core days and hours of operation as described in the SOW.
The Offeror shall submit a checklist outlining the tasks to be performed to ensure its understanding of the requirement.
a. Cleaning Products
Offerors shall identify the bio-based content level of the offered product(s). The content levels shall, at minimum, meet USDA
Bio-Preferred's minimum bio-based content level as identified on the Bio-Preferred web site. Note that the offered product is not required to be third-party certified and qualified under the
USDA Certified Bio-based Product Labeling
Program. However, offerors must be able to demonstrate that the offered product meets minimum content levels upon request. Visit the
Bio-Preferred web site
(https://www.biopreferred.gov/BioPreferred/faces/c atalog/Catalog.xhtml) for the complete list of designated products and the associated minimum bio-based content level requirements.
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2. Key Personnel.
The Offeror shall identify the key personnel to perform the required services as described herein and provide a resume(s)/CV(s) that documents the personnel's experience. Specifically the offeror shall demonstrate its proposed key personnel meets the following minimum requirements:
- Must be a United States citizen,
- At least 18 years of age,
- Speak and understand fluent English,
- Detailed employment history (company name, supervisor, dates worked, telephone number, address, etc.), to include a minimum of two years of relevant experience in perming the tasks as described in the SOW,
- Technical accomplishments.
The offeror shall provide documentation from a certified physician that the assigned key personnel are free of communicable disease and are capable of lifting and pushing a minimum of
20 pounds, and squatting.
The offeror shall describe the specific duties of each designated key personnel as well as expertise and skills to be utilized.
The offeror shall propose the key personnel designated to serve as the project manager under the contract and describe their role in the organization as it relates to the requirements in this solicitation.
A. Training
The Offeror shall provide documentation ensuring the proposed key personnel are equipped with the training necessary for the work environment as outlined in the SOW. Key Personnel shall be knowledgeable with CDC regulations as it pertains to communicable diseases (COVID-19 and others);
janitorial and laundry personnel and processes
(See https://www.cdc.gov/coronavirus/2019-ncov/communit
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75R60121Q00007 y/organizations/cleaning-disinfection.html).
The Offeror shall propose training schedules
(frequency, content) for the entire period of performance. The Offeror shall maintain files of training for each employee. At minimum, the
Offeror shall propose staff who have been trained in the following areas:
a. OSHA and CDC Requirements
b. Infection Control Procedures
c. Hazardous Waste Management
d. Safe and appropriate use of chemicals
e. Standard/industry housekeeping procedures
3. Organizational Experience.
Offerors shall submit documented experience in providing housekeeping services in healthcare or medical facilities, cleaning processes based on
OSHA and CDC guidelines for this industry, and management of biohazardous waste.
a. Challenges and Assets
The Offeror shall:
- Describe at least two challenges your organization may have to overcome to fulfil the requirements of the SOW.
- Describe the process and solutions to overcome those challenges.
- Describe at least two of your organization's strongest assets that will enable you to fulfill the requirements under the SOW.
Past Performance Instructions - Volume II
Offerors shall submit three (3) past performance references where the Offeror was the prime contractor or subcontractor for relevant work completed within the past three (3) years as required by this solicitation. "Relevant" is defined as similar in size, scope and complexity
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75R60121Q00007 to this contract. The Offeror must clarify the percentage of work, dollar allocation and personnel roles as it relates to the key labor category requirements.
Offerors shall submit copies of their CPARS ratings for contracts with Federal agencies that are relevant to this procurement in Volume I. If the Offeror has not held any Federal contracts, then the Offeror may submit references from state, local, or private contracts using the Past
Performance Questionnaire (Attachment B).
Offerors shall forward a copy of the entire Past
Performance Questionnaire to their clients to complete. The completed questionnaire shall be submitted to cwhitney@hrsa.gov no later than
April 9, 2021 at 10:00AM Central Time.
Business Quote - Volume III
The price quote shall propose labor categories, labor hours, any unit pricing used, any discounts offered and any other relevant pricing information that adequately fulfill the requirements set forth in the SOW for the base and all optional items/tasks. The Offeror shall also furnish a price breakdown to accomplish the
SOW including a total firm-fixed price associated to the tasks listed in the SOW. In addition, the price quote shall include a completed and signed copy of Standard Form
1449-Solicitation/Contract/Order for Commercial
Items.
Offerors are required to complete and certify FAR
52.204-24 Representation Regarding Certain
Telecommunications and Video Surveillance
Services or Equipment (OCT 2020) as part of their
Cost/Price volume. If the Offeror does not comply with representations and certifications, the Offeror is non-responsive and may be removed from consideration for award per FAR 4.2103.
Provisions at FAR 52.212-2 Evaluation -
Commercial Items (OCT 2014), applies to this
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75R60121Q00007 acquisition. The following addenda also apply:
(a) The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the
Government, price and other factors considered.
The following factors shall be used to evaluate offers:
Award Criteria
The Government anticipates one award resulting from this solicitation; however, the Government reserves the right to make no award as a result of this solicitation. In addition, the solicitation may be amended if determined to be in the best interest of the Government.
Quote evaluation will be based on a Lowest Price
Technically Acceptable (LPTA) methodology. Award will be based on the lowest evaluated price of quotes meeting or exceeding the acceptability standards for non-cost/price factors.
The Government reserves the right to make a single award, multiple awards, or no award as a result of this solicitation. In addition, the solicitation may be amended if determined to be in the best interest of the Government. The
Government reserves the right to make award without discussions.
The quote will be evaluated using the following criteria as they relate to the content of the corresponding volumes.
Factor 1 - Technical.
The following Technical Factors will be evaluated on an acceptable or unacceptable basis, using the ratings and descriptions outlined as follows:
Acceptable - Quote clearly meets the minimum requirements of the solicitation.
Unacceptable - Quote does not clearly meet the minimum requirements of the solicitation.
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1. Technical Approach.
The Government will evaluate the Offeror's complete understanding of the intent and requirements of the project to include the anticipated major problem areas, together with potential approaches for their solution.
The Government will evaluate the Offeror's proposed procedure for coordination of services and feedback mechanisms to be utilized under the contract.
The Government will evaluate the Offeror's technical approach in completing the required tasks and the proposed schedule for performing the tasks in accordance with the core days and hours of operation as described in the SOW.
The Government will evaluate the Offeror's proposed checklist outlining the tasks to be performed to ensure the offeror has a complete understanding of the requirement.
a. Cleaning Products
The Government will evaluate the Offeror's proposed use of USDA bio-based product(s). Visit the Bio-Preferred web site
(https://www.biopreferred.gov/BioPreferred/faces/c atalog/Catalog.xhtml) for the complete list of designated products and the associated minimum bio-based content level requirements.
2. Key Personnel.
The Government will evaluate the Offeror's proposed key personnel to ensure they meet the requirements set forth in this solicitation which includes documentation from a certified physician to ensure the assigned key personnel are free of communicable disease and meet the physical requirements as stated herein.
The Government will evaluate the Offeror's
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75R60121Q00007 proposed duties of each designated key personnel as well as the expertise and skills to be utilized.
The Government will evaluate the Offeror's proposed key personnel that will serve as the project manager under the resultant contract and their role in the organization.
A. Training
The Government will evaluate the proposed key personnel to ensure they are equipped with the training necessary for the work environment as outlined in the SOW.
The Government will evaluate the key personnel's documented knowledge with OSHA and CDC regulations as it pertains to communicable diseases (COVID-19 and others); janitorial and laundry personnel and processes.
The Government will evaluate the proposed training schedules as it pertains to this requirement.
3. Organizational Experience.
The Government will evaluate the Offeror's documented experience in providing housekeeping services in healthcare or medical facilities that included utilizing cleaning processes based on
OSHA and CDC guidelines for this industry, and management of biohazardous waste.
a. Challenges and Assets
The Government will evaluate the Offeror's process and solutions to overcome potential challenges that may arise when fulfilling the requirements of the SOW.
Factor 2 - Past Performance.
The following Past Performance Factor will be evaluated on an Acceptable, Unacceptable, or
Unknown basis per the following definitions:
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- Acceptable - Based on the vendor's performance record, the Government has a reasonable expectation that the vendor will successfully perform the required effort.
- Unacceptable - Based on the vendor's performance record, the Government has no reasonable expectation that the vendor will be able to successfully perform the required effort.
- Unknown - The vendor's performance record is unknown.
The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources, including sources outside of the Government.
In the case of Offerors without a record of past performance, or for whom information on past performance is not available so that no past performance rating can be assigned, the Offerors may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)).
Therefore, the Offerors without a record of past performance, or for whom information on past performance is not available will be determined to have a neutral past performance.
Factor 3 - Price.
Price will be evaluated on the total price, base and all options, being determined to be fair and reasonable.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding
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75R60121Q00007 contract without further action by either party.
Before the offer's specified expiration time, the
Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
FAR 52.212-3 Offeror Representative and
Certifications-Commercial Items (JAN 2021), applies to this acquisition.
The offeror shall ensure that Representations and
Certifications are complete when submitting their quote. If an offeror has completed the annual
Representations and Certifications via System for
Award Management (SAM), state such in the quote.
FAR 52.212-4 Contract Terms and
Conditions-Commercial Items (OCT 2018), applies to this acquisition.
FAR 52.212-5 Contract Terms and Conditions
Required to Implement Statutes or Executive
Orders-Commercial Items (JAN 2021)
(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
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Certain Telecommunications and Video Surveillance
Services or Equipment. (Aug 2020) (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:
___ (1) 52.203-6, Restrictions on Subcontractor
Sales to the Government (June 2020), 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 (Jun 2020) (41 U.S.C. 3509)).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 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
(Jun 2020) (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
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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.
(Jun 2020) (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 (Mar 2020) (15
U.S.C. 657a).
___ (ii) Alternate I (Mar 2020) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation
Preference for HUBZone Small Business Concerns
(Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer)
(15 U.S.C. 657a).
___ (ii) Alternate I (Mar 2020) of 52.219-4.
___ (13) [Reserved]
___ (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.
___ (15) (i) 52.219-7, Notice of Partial Small
Business Set-Aside (Nov 2020) (15 U.S.C. 644).
___ (ii) Alternate I (Mar 2020) 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 (Jun 2020) (15 U.S.C.
637(d)(4)).
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___ (ii) Alternate I (Nov 2016) of 52.219-9.
___ (iii) Alternate II (Nov 2016) of 52.219-9.
___ (iv) Alternate III (Jun 2020) of 52.219-9.
___ (v) Alternate IV (Jun 2020) of 52.219-9
___ (18) (i) 52.219-13, Notice of Set-Aside of
Orders (Mar 2020) (15 U.S.C. 644(r)).
___ (ii) Alternate I (Mar 2020) of 52.219-13.
___ (19) 52.219-14, Limitations on Subcontracting
(Mar 2020) (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 (Mar 2020)
(15 U.S.C. 657f).
XX (22) (i) 52.219-28, Post Award Small Business
Program Representation (Nov 2020) (15 U.S.C.
632(a)(2)).
___ (ii) Alternate I (MAR 2020) of 52.219-28.
___ (23) 52.219-29, Notice of Set-Aside for, or
Sole Source Award to, Economically Disadvantaged
Women-Owned Small Business Concerns (Mar 2020)
(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 (Mar 2020) (15 U.S.C. 637(m)).
___ (25) 52.219-32, Orders Issued Directly Under
Small Business Reserves (Mar 2020) (15 U.S.C.
644(r)).
___ (26) 52.219-33, Nonmanufacturer Rule (Mar
2020) (15U.S.C. 637(a)(17)).
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XX (27) 52.222-3, Convict Labor (Jun 2003)
(E.O.11755).
___ (28) 52.222-19, Child Labor-Cooperation with
Authorities and Remedies (Jan 2020) (E.O.13126).
XX (29) 52.222-21, Prohibition of Segregated
Facilities (Apr 2015).
XX (30) (i) 52.222-26, Equal Opportunity (Sep
2016) (E.O.11246).
___ (ii) Alternate I (Feb 1999) of 52.222-26.
XX (31) (i) 52.222-35, Equal Opportunity for
Veterans (Jun 2020) (38 U.S.C. 4212).
___ (ii) Alternate I (Jul 2014) of 52.222-35.
XX (32) (i) 52.222-36, Equal Opportunity for
Workers with Disabilities (Jun 2020) (29 U.S.C.
793).
___ (ii) Alternate I (Jul 2014) of 52.222-36.
XX (33) 52.222-37, Employment Reports on Veterans
(Jun 2020) (38 U.S.C. 4212).
___ (34) 52.222-40, Notification of Employee
Rights Under the National Labor Relations Act
(Dec 2010) (E.O. 13496).
XX (35) (i) 52.222-50, Combating Trafficking in
Persons (Oct 2020) (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).
___ (36) 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.)
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XX (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 (May 2020) (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.
XX (44) 52.223-18, Encouraging Contractor
Policies to Ban Text Messaging While Driving (Jun
2020) (E.O. 13513).
___ (45) 52.223-20, Aerosols (Jun 2016) (E.O.
13693).
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___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).
XX (47) (i) 52.224-3 Privacy Training (Jan 2017)
(5 U.S.C. 552 a).
XX (ii) Alternate I (Jan 2017) of 52.224-3.
___ (48) 52.225-1, Buy American-Supplies (Jan
2021) (41 U.S.C. chapter 83).
___ (49) (i) 52.225-3, Buy American-Free Trade
Agreements-Israeli Trade Act (Jan 2021)(41
U.S.C.chapter83, 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 (Jan 2021) of 52.225-3.
___ (iii) Alternate II (Jan 2021) of 52.225-3.
___ (iv) Alternate III (Jan 2021) of 52.225-3.
___ (50) 52.225-5, Trade Agreements (Oct 2019)
(19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
XX (51) 52.225-13, Restrictions on Certain
Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the
Office of Foreign Assets Control of the
Department of the Treasury).
___ (52) 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. 2302Note).
___ (53) 52.226-4, Notice of Disaster or
Emergency Area Set-Aside (Nov 2007) (42 U.S.C.
5150).
___ (54) 52.226-5, Restrictions on Subcontracting
Outside Disaster or Emergency Area (Nov 2007) (42
U.S.C. 5150).
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___ (55) 52.229-12, Tax on Certain Foreign
Procurements (Jun 2020).
___ (56) 52.232-29, Terms for Financing of
Purchases of Commercial Items (Feb 2002) (41
U.S.C. 4505, 10 U.S.C. 2307(f)).
___ (57) 52.232-30, Installment Payments for
Commercial Items (Jan 2017) (41 U.S.C. 4505, 10
U.S.C. 2307(f)).
XX (58) 52.232-33, Payment by Electronic Funds
Transfer-System for Award Management (Oct 2018)
(31 U.S.C. 3332).
___ (59) 52.232-34, Payment by Electronic Funds
Transfer-Other than System for Award Management
(Jul 2013) (31 U.S.C. 3332).
___ (60) 52.232-36, Payment by Third Party (May
2014) (31 U.S.C. 3332).
___ (61) 52.239-1, Privacy or Security Safeguards
(Aug 1996) (5 U.S.C. 552a).
___ (62) 52.242-5, Payments to Small Business
Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
___ (63) (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:
___ (1) 52.222-41, Service Contract Labor
Standards (Aug 2018) (41 U.S.C. chapter67).
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___ (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).
___ (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).
___ (4) 52.222-44, Fair Labor Standards Act and
Service Contract Labor Standards-Price Adjustment
(May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter
67).
___ (5) 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).
XX (6) 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).
___ (7) 52.222-55, Minimum Wages Under Executive
Order 13658 (Nov 2020).
___ (8) 52.222-62, Paid Sick Leave Under
Executive Order 13706 (Jan 2017) (E.O. 13706).
___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (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, 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
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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 (Jun 2020) (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, Continued ...
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75R60121Q00007 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 2020) (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.
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(xii) 52.222-41, Service Contract Labor Standards
(Aug 2018) (41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in
Persons (Oct 2020) (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 (Oct 2015) (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.
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(xxii) 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.
(End of clause)
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 5 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 60 months.
(End of clause)
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FAR 52.232-40 Providing Accelerated Payments to
Small Business Subcontractors (DEC 2013)
[(DEVIATION APR 2020)]
(a)(1) In accordance with 31 U.S.C. 3903 and 10
U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract [in accordance with the accelerated payment date established], to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, [with a goal of 15 days] after receipt of a proper invoice and all other required documentation from the small business subcontractor [if a specific payment date is not established by contract.
(2) The Contractor agrees to make such payments to its small business subcontractors without further consideration from or fees charged to the subcontractor].
(b)The acceleration of payments under this clause does not provide any new rights under the Prompt
Payment Act.
(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.
(End of clause)
52.252-1 Solicitation Provisions Incorporated by
Reference (FEB 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of
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75R60121Q00007 those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/content/part-52-solici tation-provisions-and-contract-clauses.
FAR 52.203-18 Prohibition on Contracting with
Entities that Require Certain Internal
Confidentiality Agreements or
Statements-Representation - Jan 2017.
FAR 52.204-7 System for Award Management - Oct
2018.
FAR 52.204-16 Commercial and Government Entity
Code Reporting - Aug 2020.
FAR 52.204-17 Ownership or Control of Offeror -
Aug 2020.
FAR 52.204-20 Predecessor of Offeror - Aug 2020.
FAR 52.204-22 Alternative Line Item Proposal -
Jan 2017.
FAR 52.204-24 Representation Regarding Certain
Telecommunications and Video Surveillance
Services…
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