SOLICITATION - JANITORIAL SERVICES.pdf

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UWC - JANITORIAL Federal contract opportunity
Solicitation number
1240LS22Q0011
Issued by
Department of Agriculture Forest Service

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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

40LS

OGDEN UT 84401-2310

324 25TH ST

USDA-FS CSA INTERMOUNTAIN 7

84B0 CODE 16. ADMINISTERED BYCODE

X

X

X

561720

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR40LS

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

01/25/2022 0800 MT

01/06/2022

801-908-1904BARCLAY WEBSTER

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1240LS22Q0011

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 54 1052462OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

PLEASANT GROVE UT 84062

390 N 100 E

UINTA NATIONAL FOREST

FOREST SERVICE DISTRICT RANGER

15. DELIVER TO

OGDEN UT 84401-2310

324 25TH ST

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)

USDA-FS CSA INTERMOUNTAIN 7

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.

****See Attached Schedule of Items***** Pleasant Grove Janitorial Services (UWC National Forest) Schedule of Items includes Base Bid Item to be filled out and submitted in response to RFQ Period of Performance: 02/01/2022 to 01/31/2027

0001 UWC - D2 - Janitorial Services Contract 12 MO (Recompete) Base year plus option years requested. Request to include the clause `Option Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED . 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.

to Extend Services¿ 52.217-8.

Period of Performance: 02/01/2022 to 02/01/2023

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

54 2 of

UWC - D2 - Janitorial Services Contract (Recompete) 1240LS22Q0011

SECTION B – SCHEDULE OF ITEMS / PRICE SCHEDULE

Schedule of Items/Price Schedule Located at: 390 North 100 East, Pleasant Grove, UT 84062

Base Year – February 1, 2022 - January 31, 2023 Item Services Qty Unit Unit Price Total Price

0001a Janitorial Services

Pleasant Grove Ranger District Office Bldg 12 Month

0001b Janitorial Services Modular Trailer

12 Month

0001c Janitorial Services Warehouse Restroom & Office/Meeting Room

12 Month

Total $

Option Year 1 – February 1, 2023 - January 31, 2024 Item Services Qty Unit Unit Price Total Price 0002a Janitorial Services

Pleasant Grove Ranger District Office Bldg 12 Month

0002b Janitorial Services Modular Trailer

12 Month

0002c Janitorial Services Warehouse Restroom & Office/Meeting Room

Option Year 2 – February 1, 2024 - January 31, 2025

0003a Janitorial Services

Pleasant Grove Ranger District Office Bldg 12 Month

0003b Janitorial Services Modular Trailer

12 Month

0003c Janitorial Services Warehouse Restroom & Office/Meeting Room

Option Year 3 – February 1, 2025 - January 31, 2026

0004a Janitorial Services

Pleasant Grove Ranger District Office Bldg 12 Month

0004b Janitorial Services Modular Trailer

12 Month

0004c Janitorial Services Warehouse Restroom & Office/Meeting Room

Option Year 4 – February 1, 2026 - January 31, 2027

0005a Janitorial Services

Pleasant Grove Ranger District Office Bldg 12 Month

0005b Janitorial Services Modular Trailer

12 Month

0005c Janitorial Services Warehouse Restroom & Office/Meeting Room

Total Quote Base and all Option Items (0001a-0005c) $

Indicate Ability to Perform Service Per the Schedule Outlined in the Performance Work Statement Y or N:

Name of Company (Please Print):

DUN’s NUMBER:

Printed Name of Company Representative:

Signature of Company Representative:

Date:

Phone Number:

Email Address:

Schedule Notes:

a) Items labeled as “option” or “optional” are not required to be exercised by the government. If exercised, the contractor will be required to perform the optional work in accordance with the terms and conditions of this contract.

b) One award will be made from this solicitation, contractors must submit pricing for all items.

c) Bio Based products are required.

Description of Requirement (Statement of Work) Project Title UWC - D2 - Janitorial Services Contract (Recompete)

General Information

1.0 Background and Purpose

A: This contract is to provide janitorial services in accordance with the specifications and best commercial practices in a manner that will maintain a satisfactory facility condition and present a clean, neat, and professional appearance. Contractor shall furnish labor, transportation, and supervision, plus supplies and equipment necessary to perform required janitorial services at designated Forest Service building in accordance with provisions herein.

Scope of Contract

B: Location Directions and Description

(a) Directions -

(b) Location - The janitorial work to be performed is at the Uinta-Wasatch-Cache National Forest, Pleasant Grove Ranger District Complex. Location, description, number of buildings, and size are as follows:

The Uinta-Wasatch-Cache, Pleasant Grove Ranger District complex is located at 390 North 100 East in the City of Pleasant Grove, Utah County, in the state of Utah. The zip code is 84062.

(c) Description -

1. Pleasant Grove Ranger District Office Building: Floor area consists of approximately 2305 square feet with approximately 1851 square feet carpeted and approximately 454 square feet resilient floor. The building is divided into five (5) work areas, one (1) hallway, two (2) restrooms, one (1) reception area, one (1) copy room, and one (1) break room. All areas are carpeted except for the restrooms, break room, and area in front of reception desk. The building is located at: 390 North 100 East, Pleasant Grove, UT 84062.

2. Modular Trailer: The floor area consists of approximately 480 square feet, which is all carpeted.

The trailer includes a conference area and office area. There are no restrooms in the trailer.

Located at: 390 North 100 East, Pleasant Grove, UT 84062.

3. Warehouse Restroom & Office/Meeting Room Area: The floor area consists of approximately 400 square feet of resilient floor and consists of (1) restroom, and (1) office/meeting room.

Located at: 390 North 100 East, Pleasant Grove, UT 84062.

C: Work under this contract shall be accomplished outside of regular office working hours. Regular office working hours are from 7:00 AM to 5:00 PM Monday through Friday. The Contractor will not be required to perform work on a National Holiday, or the day the Holiday is observed. If a work schedule falls on a National Holiday (or the day the Holiday is observed) the services normally scheduled for that day shall be performed either the day before or the day after the holiday.

Federal Holidays are:

New Year’s Day, Independence Day Veteran’s Day Martin Luther King Jr Day Labor Day Thanksgiving Day President’s Day Columbus Day Christmas Day Memorial Day

2.0 Definitions

Option Year: A 365 day period (1 calendar year), Optional for the government to exercise. Mandatory for the vendor to accomplished if the option is exercised by the government.

Contract Performance Periods Base Year - February 1 2022 to Jan 31 2023

Option year 1 - February 1 2023 to Jan 31 2024 Option year 2 - February 1 2024 to Jan 31 2025 Option year 3 - February 1 2025 to Jan 31 2026 Option year 4 - February 1 2026 to Jan 31 2027

Contractor Requirements

3.0 Technical Requirements / Tasks

A. Services – Monday, Wednesday & Friday, three times per week:

1. Restrooms

a. Floors shall be swept or dust mopped.

b. Water closets and urinals shall be washed and sanitized. No rust encrustations shall remain.

Traps shall be always maintained free from odor.

c. Areas around and on door handles, stall latches, light switches, and other surfaces that are frequently touched, shall be washed and disinfected.

d. Washbasins and countertops shall be cleaned and mirrors damp-wiped and dried as necessary to keep them in a clean condition. Paper towels shall be supplied where towel boxes are provided.

e. Mirrors, shelving, dispensers, and chromium fixtures shall be damp-wiped and polished.

f. All other surfaces shall be spot-cleaned and horizontal surfaces dusted.

Uinta-Wasatch-Cache National Forest Page 3 Janitorial Services, Pleasant Grove Ranger District PO: AG-84N8-P--11-0187

g. Paper towel waste receptacles shall be emptied and towel, soap, seat cover and toilet dispensers serviced prior to occupants’ (employees) official starting time. Sanitary napkin receptacles shall be emptied, cleaned, disinfected, and provided with a new paper bag liner

2. Office Area Cleaning Office areas, lobbies, conference rooms and corridor space adjacent to these areas shall receive the following daily cleaning:

(including lobbies and corridors)

a. Wastebaskets shall be emptied and wastepaper and trash removed to main disposal area (dumpster). Wastebaskets shall be lined with a plastic liner.

b. The carpeted floor area shall be spot cleaned with a carpet sweeper to remove all obvious surface dirt from traffic areas and from under furniture. Exposed floor areas in partially carpeted offices shall be swept on the same schedule.

c. The rug area shall be spot vacuumed to remove all obvious surface dirt from traffic areas and from under furniture.

d. Washbasins and countertops in the conference area shall be cleaned, damp-wiped and dried, to keep them in a clean condition. Paper towels shall be supplied where towel boxes are provided.

e. Replace burned-out light bulbs as needed.

f. Both sides of entrance glass and foyer glass at main entrance shall be cleaned and kick plates and push bars cleaned and polished.

g. Spot clean walls, woodwork, window, and glass as necessary to maintain clean conditions.

B. Weekly Cleaning Services – performed one time per week:

a. Resilient floors shall be swept and damp-mopped with a disinfectant, high shine cleaner. Clean floors shall be streak-free.

1. Restrooms

b. Restroom surface area of wall/stall partitions, doors, window frames and sills shall be damp wiped with a disinfectant.

2. Office Area Cleaning

a. The full rug area shall be vacuumed completely once weekly to remove all dirt, dust, and litter and spot-cleaned to remove obvious stains.

(including lobbies and corridors)

C. Quarterly Cleaning Services – FOUR times per year: December, March, June, and September:

a. Maintain interior light fixtures to remove any insects and cobweb buildup.

b. Dust venetian blinds and air vent registers throughout the building.

c. All entrances, reception areas, conference rooms and corridors shall be dusted, including windowsills, hand railings, fire extinguishers, ledges, and doors.

D. Services to be Performed Every Six Months – April and October (inside only):

a. Wash windows

b. Resilient floors shall be stripped, waxed, and buffed. Use non-slip, high-shine floor wax. Wipe water spots from sills and frames. Lay drop cloths as required to protect adjacent surfaces, fixtures, and furniture. The one exception is the front door, which shall be cleaned on both sides.

c. Machine-clean carpet in heavily used areas (defined as entire hallways, stairways, and lobby area).

4.0 Deliverable / Schedule

Cleaning Schedule Pleasant Grove RD Office Building Three times/week Monday, Wednesday & Friday Modular Trailer Three times/week Monday, Wednesday & Friday Warehouse Restroom & Office/Meeting Room Area Once a week/Nov – April Three times a week/May – Oct Monday, Wednesday & Friday

5.0 Government Furnished

1. Keys and/or card lock to building. Keys and/or card lock furnished to the Contractor shall be returned upon termination of the contract. Keys shall not be duplicated.

2. Utilities necessary to perform the work.

3. Dumpster for refuse

6.0 Travel

Identify any travel requirements, locations involved, number of trips (if known), and duration of anticipated travel.

Specify responsibility for travel reimbursement, e.g., the contractor or the Government. If the travel will be reimbursed by the Government, discuss the method of reimbursement, e.g., in accordance with Federal/agency travel regulations. State the Government official authorized to approve contractor travel, e.g., the Contracting Officer or Contracting Officer Representative.

Insert Travel Here

7.0 Contractor’s Key Personnel

Describe positions which are considered key to successful performance of the contract and the information required to support key personnel qualifications, e.g., experience which correlates to SOW requirements, education, and past performance on similar projects. Specify if resumes are required and provide resume format if appropriate.

Insert Contractors Key Personnel Here

8.0 Security Requirements

Specify security requirements that apply to the contract performance. Specify the level of clearances required and identify positions that are applicable.

Insert Security Requirements Here

9.0 Data Rights

If data is to be produced, furnished, acquired, or used in meeting contract requirements, delineate the respective rights and obligations of the government and the contractor regarding the use, production, and disclosure of that data.

Insert Data Rights Here

10.0 Section 508 - Electronic and Information Technology Standards If information technology is to be acquired, include language describing Section 508 requirements.

Insert Section 508 Here

11.0 Performance Requirement Measures

SEE NEXT PAGE

Attachment C Quality Assurance Checklist – Daily and Weekly Cleaning Services

MONTH:________________________ YEAR:____________ CHECKED DATE

Cleaning Schedule

Daily-Restrooms (Monday, Wednesday, & Friday – 3 Days of the Week)

Floors swept or dust mopped

Water closets and urinals washed and sanitized

Washbasins cleaned

Mirrors, shelving, dispensers, chromium fixtures damp-wiped & polished

All other surfaces spot-cleaned and horizontal surfaces dusted

Paper towel waste receptacles emptied

Towel, soap, seat cover and toilet dispensers serviced

Sanitary napkin receptacles emptied, cleaned, disinfected with new liner

Washbasins and countertops cleaned

Mirrors cleaned

Toilet paper supplied timely

Paper towels supplied timely

Daily – Office Area (Monday, Wednesday, & Friday – 3 Days of the Week)

Wastebaskets emptied. Plastic liners installed /replaced.

The full rug area vacuumed completely – high traffic areas

Linoleum floors moped

Clean and wipe drinking fountains

The carpeted floor area spot-cleaned as necessary

All entrances, including stairs swept.

Rug area spot-vacuumed

Washbasins and countertops in the conference area cleaned

Paper towels supplied timely

Burned-out light bulbs replaced

Reception and front office area dusted

Clean door and window glass inside and outside

Blinds, picture frames, front counter, and brochure display case dusted

Walls, woodwork, window and glass spot cleaned as necessary

Weekly - Restrooms

Resilient floors swept and damp-mopped

Restroom surface areas damp wiped

Weekly – Office Area

Spot clean walls and clear cobwebs. Fully vacuum.

Clean wastebaskets as needed

Exterior office doors cleaned in and out

Collect and recycle materials left in recycling bins

Bio-Based Products

Ensure mandatory purchase and use of bio-based products

Comments: (Note additional comments on back of form)

Unless noted, services performed were satisfactory.

COR Signature:__________________________________ Date:_______________

Performance Requirements Summary Required Service

Standard (Referencing

PWS)

Allowable Deviation Performance Threshold Method of Quality Assurance

Disincentive

Clean and Service Restrooms

Clean area of service to meet standards specified in the PWS Section 3.1 A 1

5% from standard 100% adherence to performance requirements is required.

Bi-Monthly Inspections

Rework at no cost to the Government. Not to exceed three reported occurrences with less than 100% compliance as reported by the COR on the Quality Assurance Checklist

- Attachment B

Quality Assurance Checklist - Appendix B

Office Area Cleaning

Clean area of service to meet standards specified in the PWS Section 3.1 A 2

5% from standard 100% adherence to performance requirements is required.

Bi-Monthly Inspections

Rework at no cost to the Government. Not to exceed three reported occurrences with less than 100% compliance as reported by the COR

B

Weekly Cleaning

- Restrooms and Office Areas

Clean area of service to meet standards specified in the PWS Section 3.1 B 1 & 2

5% from standard 100% adherence to performance requirements is required.

Random Inspections Rework at no cost to the Government. Not to exceed three reported occurrences with less than 100% compliance as reported by the COR

B

5% from standard 100% adherence to performance requirements is required.

Random Inspections

Quarterly Cleaning Services

Clean area of service to meet standards specified in the PWS Section 3.1 C

Not to exceed three reported occurrences with less than 100% compliance as reported by the COR

B Rework at no cost to the Government.

Services to be Performed Every Six Months

Clean area of service to meet standards specified in the PWS Section 3.1 D

5% from standard 100% adherence to performance requirements is required.

Random Inspections Rework at no cost to the Government. Not to exceed three reported occurrences with less than 100% compliance as reported by the COR

B

Ground Maintenance - Landscaping

Landscape area of service to meet standards specified in the PWS Section 3.2 A

5% from standard 100% adherence to performance requirements is required.

Random Inspections Rework at no cost to the Government. Not to exceed three reported occurrences with less than 100% compliance as reported by the COR

B

Remove snow from area of service to meet standards

5% from standard 100% adherence to performance requirements is required.

Random Inspections

Ground Maintenance - Snow Removal specified in the PWS Section

3.2 B

Not to exceed three reported occurrences with less than 100% compliance as reported by the COR

B Rework at no cost to the Government.

Utilities - Plumbing

Perform utility work in the area of service to meet standards specified in the PWS Section 3.3 A

5% from standard 100% adherence to performance requirements is required.

Random Inspections Rework at no cost to the Government. Not to exceed three reported occurrences with less than 100% compliance as reported by the COR

B

Utilities - Fire Suppression System

Perform utility work in the area of service to meet standards specified in the PWS Section 3.3 B

5% from standard 100% adherence to performance requirements is required.

Random Inspections Rework at no cost to the Government. Not to exceed three reported occurrences with less than 100% compliance as reported by the COR on the Quality Assurance Checklist

- Attachment B

Quality Assurance Checklist - Appendix B

Utilities - HVAC Perform utility work in the area service to meet standards specified in the PWS Section 3.3 C

5% from standard 100% adherence to performance requirements is required.

Random Inspections Rework at no cost to the Government. Not to exceed three reported occurrences with less than 100% compliance as reported by the COR on the Quality Assurance Checklist

- Attachment B

Quality Assurance

B

Utilities - Electrical

Perform utility work in the area of service to meet standards specified in the PWS Section 3.3 D

5% from standard 100% adherence to performance requirements is required.

Random Inspections Rework at no cost to the Government. Not to exceed three reported occurrences with less than 100% compliance as reported by the COR on the Quality Assurance Checklist

- Attachment B

Quality Assurance Checklist - Appendix B

Additional Services - Emergency Work or Special Event Tasks

Perform task in the required area of service to meet standards specified in the PWS Section 3.4 and the modification to the contract for that task

5% from standard 100% adherence to performance requirements is required.

Random Inspections Rework at no cost to the Government. Not to exceed three reported occurrences with less than 100% compliance as reported by the COR on the Quality Assurance Checklist

- Attachment B

Quality Assurance Checklist - Appendix B

Ensure manadatory purchase and use of biobased products

Provide biobased products to meet standards specified in the PWS Section 6.3 and any modification to the contract for emergency work or special event tasks

5% from standard 100% adherence to performance requirements is required.

100% Inspection Dollar amount deduction for noncompliance. Not to exceed three reported occurrences with less than 100% compliance as reported by the COR on the Quality Assurance Checklist

- Attachment B

Quality Assurance

B

Attachment If applicable, include an Attachment stating Evaluation Factors and significant Subfactors representing the key areas of importance and emphasis to be considered in the source selection decision.

SECTION C - CONTRACT CLAUSES

Updated through FAC 2022-01 effective December 6, 2021

52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2021)

Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION 2017-1 (AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C 4712 and 10 U.S.C 2409 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

ADDENDUM TO FAR CLAUSE 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL SERVICES & SUPPLIES (INCORPORATED BY REFERENCE ON STANDARD FROM 1449): The following clauses are added to the terms and conditions in FAR 52.212-4

52.204-7 System for Award Management (OCT 2018) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEPT 2013) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION APR 2020) (31 USC 3903 and 10 USC 2307) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.245-1 Government Property (JAN 2017) Alt 1 (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.249-8 DEFAULT (Fixed-Price Supply and Service) (APR 1984) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services (NOV 2021) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

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

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

3805note)).

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

[Contracting Officer check as appropriate.] ☐ (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 (Nov 2021) (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.)

☒ (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 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. (Nov 2021) (31 U.S.C. 6101note).

☐ (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 (Sep 2021) (15 U.S.C.657a).

☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) 15

U.S.C. 657a).

☐ (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 (Nov 2021) (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 (Jun 2020) of 52.219-9.

☐ (v) Alternate IV (Sep 2021) 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 (Sep 2021) (15 U.S.C.637s)

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

☒ (22) (i) 52.219-28, Post Award Small Business Program Re-representation (Sep 2021) (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 (Sep 2021) (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 (Sep 2021) (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 (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☒ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (DEVIATION JUL 2020)

(E.O.13126).

☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

☐ (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.

☒ (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.

☐ (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).

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

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

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

☐ (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.

☒ (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).

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

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

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

☒ (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (DEVIATION JUL 2020) (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, 19 U.S.C. chapter 29 (sections 4501-4732), 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) (ii) Alternate II (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (iv) (iii) Alternate III (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (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. 2302 Note).

☐ (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).

☐ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021)

(41 U.S.C.4505, 10 U.S.C.2307(f)).

☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41

U.S.C.4505, 10 U.S.C.2307(f)).

☒ (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 (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

☐ (iii) Alternate II (Nov 2021) 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 products and commercial services:

Contracting Officer check as appropriate.] ☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (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).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary-Wage-Fringe Benefits GS-1 Step-4 $12.00

☐ (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) (29

U.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).

☐ (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 Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

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

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

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

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

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

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

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

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

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

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C.

55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

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

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 30 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 5 Years & Six Months

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) (DEVIATION APR 2020) (31 USC 3903 and 10 USC 2307) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.245-1 Government Property (SEP 2021) Alt 1 (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.252-6 Authorized Deviations in Clauses (NOV 2020)

(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 Agriculture Acquisition Regulation (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.204-70 Modification for Contract Closeout (OCT 2021) Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for de-obligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for de-obligation. The contractor will receive a copy of the modification and will be required to provide a signature.

(The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

452.204-71 Personal Identity Verification of Contractor Employees (Oct 2021)

(a) The contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 4620-002 series.

(b) Should the results of the PIV process require the exclusion of a contractor's employee; the Contracting Officer will notify the contractor in writing.

(c) The contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 series and to maintain a list of employees eligible for a USDA LincPass required for performance of the work.

(d) The responsibility of maintaining a sufficient workforce remains with the contractor. Contractor employees may be barred by the Government from performance of work should they be found ineligible or to have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.

(e) The contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine unaccompanied physical access to a Federally-controlled facility and/or routine unaccompanied access to a Federally-controlled information system.

(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the COR, unless otherwise specified in this contract. The PIV Sponsor will be available to receive contractor identity information from * (hours and days) to * (hours and days) at * (office address for registration). The Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor's responsibility to meet all aspects of paragraphs (c), (d), and (e).

Period of Performance 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from (Base Year, 01 Feb 2022 to 31 Jan 2023) or to (31 Jan 2027) if all option years are exercised).

452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at by phone.

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: __________________

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by…

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