A21 Amendment 0002 - W912P922R0030 MTL Janitorial Svcs.pdf

W912P922R0030

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to update the combined synopsis solicitation for W912P922R0030 Mark Tw ian Lake Janitorial Services.

This amendment includes instructions to offerors on submission of documents. Also the response date has been extended to Friday, 2 September 2022 at 11PM. There are no other changes.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 18

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 25-Aug-2022

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912P922R0030

X 9B. DATED (SEE ITEM 11)

10-Aug-2022

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

25-Aug-2022

CODE

CONTRACTING DIVISION

US ARMY ENGR DIST ST LOUIS

1222 SPRUCE STREET, RM 4.207

ST LOUIS MO 63103-2833

W912P9 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

COMBINED SYNOPSIS SOLICITATION

Combined Synopsis/Solicitation Number:

W912P922R0030 – Request for Proposals

This is a combined synopsis/solicitation for commercial items (services) prepared in accordance with the format FAR 12.603 – Streamlined Solicitation for Acquisition of Commercial Products and Commercial Services, and FAR Part 15, Contracting by Negotiation. This announcement constitutes the only solicitation. Offers are being requested and a written solicitation will not be issued. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06, dated 05/26/2022.

The requirement is for a 100% small business set-aside under NAICS code 561720. The size standard for this NAICS codes is $19.5M.

Description: This is a non-personal services contract to provide Janitorial Services at Mark Twain Lake, located in the Monroe and Ralls Counties in Missouri. The Government shall not exercise any supervision or control over the contract service providers performing the services herein.

Contract Line Items: This requirement and associated contract line item numbers (CLINs) is provided in attachment names BID SHEET.

Basis for award: The Government will award a contract resulting from this combined synopsis solicitation on the basis of the lowest evaluated price of (technically acceptable) responsible offers whose service meets the requirements as listed in the performance work statement and schedule.

The government intends to award a contract without discussions with respective offerors.

The government, however, reserves the right to conduct discussions if deemed in its best interest. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if later the Contracting Officer determines to be necessary. The Government may reject any and all offers if such is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in received offers.

Period of Performance:

The period of performance shall be for one (1) Base Year of 12 months and four (4) one-year options included in the contract. Performance shall take place at: The work to be performed under this contract will be performed at Mark Twain Lake.

Site Visit: A site visit will be held on Thursday, August 18th, 2022 at 9:00 AM (CST) at the Mark Twain Lake Project Office. No registration is necessary but let us know if you are going to attend by emailing deric.k.bishop@usace.army.mil.

Mark Twain Lake Project Office 20642 Hwy J Monroe City, MO 63456

Questions: Please provide your questions by Monday, 22 August 2022, by 9:00 AM (CST). Questions can be provided electronically to Contract Specialist (Twila Hopkins) to the email address below. All inquiries will be answered in writing and provided to all Offerors via Contract Opportunities at www.sam.gov.

Offerors are required to be actively registered with the System for Award Management (SAM) at www.sam.gov prior to award. Offerors are highly encouraged to download and review all attachments to this solicitation prior to submitting an offer.

Please submit all proposals electronically to Contract Specialist, Twila Hopkins, at the below email address by 11:00 AM (CST) on Friday, 2 September 2022. The electronic proposals and documents shall be in Portable Document Format (PDF) compatible with Adobe Reader.

Proposals should be emailed:

Email: twila.a.hopkins2@usace.army.mil phone:

314-331-8124

The Government reserves the right to cancel this solicitation. Please fill out information below AND SUBMIT THIS PAGE WITH YOUR PROPOSAL:

Business Name:

Contractor’s Name:

Address:

Contractor’s Phone #:

Contractor’s Email address: _

Tax ID #:

Cage Code:

Dun’s Number: _

Contractor Signature.

SOLICITATION PROVISIONS & CLAUSES:

The following provisions and clauses are applicable to this solicitation and can be found in full text at www.acquisition.gov :

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 52.204-7 System for Award Management 52.204-9 Personal Identity Verification of Contractor Personnel 52.204-13 System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting 52.212-3 Offeror Representations and Certifications – Commercial Items 52.212-4 Contract Terms and Conditions--Commercial Products and Commercial

52.219-14

Services Limitations of Subcontracting

52.223-1 Biobased Product Certification 52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts 52.223-3 Hazardous Material Identification and Material Safety Data 52.223-4 Recovered Material Certification 52.223-5 Pollution Prevention and Right-to-Know Information 52.232-18 Availability of Funds 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.228-5 Insurance-Work on a Government Installation 52.252-2 Clauses Incorporated by Text 52.252-6 Authorized Deviations in Clauses 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.204-7003 Control Of Government Personnel Work Product 252.204-7004 Antiterrorism Awareness Training for Contractors 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident

252.204-7015

Reporting Notice of Authorized Disclosure of Information for Litigation Support

252.204-7016 Covered Defense Telecommunications Equipment or Services- Representation

252.223-7008 252.225-7001 252.225-7002 252.225-7048 252.232-7003 252.232-7006 252.232-7010 252.244-7000 252.247-7023 52.217-8

52.217-9

Prohibition of Hexavalent Chromium Buy American And Balance Of Payments Program—Basic Qualifying Country Sources As Subcontractors Export-Controlled Items Electronic Submission of Payment Requests and Receiving Reports Wide Area WorkFlow Payment Instructions Levies on Contract Payments Subcontracts for Commercial Items Transportation of Supplies by Sea Option to Extend Services 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.

*NOTE: Pricing for the 6 month extension will be based upon the last option year exercised before exercising the 6 month extension. This pricing will be evaluated and determined to be fair and reasonable at the time of the base award.*

(End of clause)

Option to Extend the Term of the Contract

(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 60 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 & 6 months.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

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

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

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

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

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

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

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

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 products and commercial services: [Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (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.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(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).

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

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C.

2313).

(10) [Reserved]

(11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(13) [Reserved]

X (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. 657s).

(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).

X (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (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. 657s).

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

X (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126).

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

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(ii) Alternate I (FEB 1999) of 52.222-26.

X (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.

X (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.

X (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).

X (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. chapter 78 and E.O. 13627).

(36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(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.

X (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. 552a).

(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) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (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).

X (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)).

X (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.]

X (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

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

(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 for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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 2016) (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 (March 2, 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 (MAY 2022) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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.

Appendix A – 52.212-1 ADDENDA

Addenda to 52.212-1, Instructions to Offerors – Commercial

Along with the required information outlined in FAR 52.212-1(b), Submission of offers, the offeror shall provide the following information:

Factor 1 – Technical.

Technical Capability Statement (Technical Approach): The offeror must provide a written statement with information sufficient to demonstrate its ability to perform the tasks of the Performance Work Statement. The technical approach is not to exceed ten (10) pages. (*Please see TECHNICAL EXHIBIT 3 in the Performance Work Statement (PWS) & in APPENDIX B FAR 52.212-2 Factor 1 - Technical Below*)

Quality Control Plan (QCP): The offeror shall provide a plan that addresses how the contractor will monitor their performance to ensure that the quality of services will meet the contract requirements regarding timeliness of performance, accuracy, appearance, completeness, consistency and conformity to standards, and what steps or measures the contractor will take to identify and correct any weaknesses and discrepancies before they are identified by Government quality assurance personnel. The Quality Control Plan is not to exceed five (5) pages.

Detailed Schedule: The Contractor shall submit a schedule for all services described in the PWS and Appendices.

The schedule shall identify items, locations, approximate completion times, and days of the week service will occur.

Statements that the offeror understands, can, or will comply with the PWS and phrases such as “standard procedures will be employed” or “well known techniques will be used”, etc., will be considered unacceptable.

Government will evaluate each offeror’s ability to accomplish the technical requirements which will be evaluated based on the table below:

Factor 2 – Past Performance.

The Proposal must include at least three (3) projects using the attached Past Performance Questionnaire (PPQ) forms that shall be the same or similar in size, scope, complexity and dollar magnitude as the project described in the solicitation.

If an offeror has no relevant past performance history, then the offeror must affirmatively state it possesses no relevant, directly related, or similar past performance. If an offeror does not indicate whether past performance exists, the offeror’s proposal may be ineligible for award.

Factor 3 – Price.

The offerors shall submit a unit price for each CLIN and a total/NET price. The proposal shall be submitted with the detailed price breakdown (direct rates, indirect rates and profit) the breakdown should clearly identify all the significant costs associated with the level of effort prescribed in the PWS. This factor will use price analysis to determine the total evaluated price in order to support the selection of the lowest priced, technically acceptable proposal. The offeror’s price proposal will be evaluated using the price analysis techniques described at FAR 13.106-3(a) to determine which proposal offers the total evaluated lowest price to the Government.

APPENDIX B - 52.212-2 FOR EVALUATION CRITERIA

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(f) Offers received will be evaluated in accordance with FAR 13.106-2. The Government will award a contract resulting from this solicitation to the responsible offeror whose proposal 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:

Technical Past Performance Price

Basis for award: The Government will award a contract resulting from this combined synopsis solicitation on the basis of the lowest price technically acceptable of responsible offers whose product/service meets the requirements as listed in the CLIN description and PWS.

After receipt of proposals, the Government will calculate the Total Proposed Price (TPP) of all offerors as described below and rank them in ascending order. The technical evaluation will begin with the proposal calculated to have the lowest TPP.

(If the lowest priced offeror has an Acceptable Technical Capability rating and that offeror’s pricing is determined fair and reasonable, the Government will then complete a responsibility determination IAW criteria specified in FAR 9.104-1. The Government will consider each Offeror’s Corporate Experience Information in Government’s responsibility determination IAW standards specified in FAR 9.104-1. If found responsible, the evaluation process stops at this point. Award will be made to that offeror without further consideration of any other offers.

If the lowest priced offer is rated unacceptable, this process will continue with other offerors in order of ascending TPP until an Offeror is judged to have an acceptable technical rating, fair and reasonable prices, and the Offeror is deemed responsible; or until Government has evaluated all technically acceptable offers.

Factor 1 – Technical.

Subfactor 1 – Technical Capability Statement (Technical Approach)

The Government will be evaluating the Technical Capability Statement (Technical Approach) based on the following:

(xxiii) The following technical capabilities are included:

• Time management skills to complete all items within the designated schedule.

• The contractor demonstrates how they can be responsible for providing appropriate supervision and quality control (QC) measures, to include job planning, programming, scheduling, administration, inspection, and management.

• The contractor discusses how they are able to resolve conflicts in a timely and positive manner, for example, taking reports for damages as a result of contractor actions.

• The contractor demonstrates that they are able to report any unusual conditions, including but not limited to power failure, heat and air conditioning unit problems and rain/storm damage.

• The contractor demonstrates that they will supply an adequate amount of personnel and supplies/equipment to safely complete all work in accordance with contract requirements.

• The contractor demonstrates an understanding that they must display a professional image (marked vehicles, uniforms) always.

• The contractor explains how they will complete all work on the example schedule (see Technical Exhibit 3 in the Performance Work Statement (PWS)) safely within the given time frames. The statement gives detailed examples on the number of personnel, equipment/supply lists, how supplies will be maintained, Quality Control Plan, work schedules, etc. to complete the work in a satisfactory manner.

Subfactor 2 – Quality Control (QCP)

The Government will be evaluating the Quality Control Plan (QCP) based on the following:

(xxiv) The offeror provides a plan that addresses how the contractor will monitor their performance to ensure that the quality of services will meet the contract requirements regarding timeliness of performance, accuracy, appearance, completeness, consistency and conformity to standards, and what steps or measures the contractor will take to identify and correct any weaknesses and discrepancies before they are identified by Government quality assurance personnel.

Subfactor 3 – Detailed Schedule

The Government will be evaluating the Detailed Schedule based on the following:

(xxv) The contractor provides a schedule that identifies items, locations, approximate completion times, and days of the week service will occur.

Statements that the offeror understands, can, or will comply with the PWS and phrases such as “standard procedures will be employed” or “well known techniques will be used”, etc., will be considered unacceptable. Government will evaluate each offeror’s ability to accomplish the technical requirements which will be evaluated based on the table below:

Technical Capability Acceptable/Unacceptable Rating

Method

Adjectival Rating Description

Acceptable Based on the offeror’s technical capability statement, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Unacceptable Based on the offeror’s technical capability statement, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

The Government will consider the information above, as well as information obtained from any other sources, when evaluating the offeror's technical capability.

Factor 2 – Past Performance.

The Government shall evaluate offeror past performance either as acceptable/unacceptable considering the submitted Past Performance Questionnaire (PPQ) form (do not include Adjective Ratings and Definitions), representing the offeror’s relevant Past Performance. Past Performance on projects shall be the same or similar in size, scope, complexity and dollar magnitude as the project described in the solicitation.

In addition to the information provided above, past performance information on contracts not listed by the offeror may be solicited and used in the evaluation. If you anticipate any substandard performance responses with past or current problems such as cost overruns, extended performance periods, etc. you are encouraged to include any explanation of corrective actions taken.

After the team completes its evaluation it will assign a rating of Acceptable/Unacceptable based on the following definitions:

Ratings Description Acceptable Based on the offeror’s past performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.*

Unacceptable Based on the offeror’s past performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

*Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have neutral past performance. In the context of acceptability/unacceptability, “neutral” shall be considered “Acceptable”.

Additionally, past performance information obtained from any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers, and Fee Determining Officials; and the Defense Contract Management Agency.

Factor 3 – Price. This factor will use price analysis to determine the total evaluated price for the base and all option year pricing, in order to support the selection of the lowest priced, technically acceptable proposal. The offeror’s price proposal will be evaluated using the price analysis techniques described at FAR 13.106-3(a) to determine which proposal offers the total evaluated lowest price to the Government.

Although in exceptional cases when the determination of fair and reasonable price requires additional information, the Contracting Officer may conduct a cost analysis to support the determination of whether the proposed price is fair and reasonable.

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 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. (End of provision)

Past Performance Evaluation Ratings

Order of Importance:

(1) Price

(2) Past Performance

(3) Technical Capability

Factors 2 and 3 are equal in importance.

Government reserves the right to award no contract at all depending on the quality of proposals submitted and availability of funds for the requirement. As stated above, the Government intends to evaluate proposals and award a single IDIQ contract without discussion. Therefore, Government will advise Offerors that their initial offer should contain the most favorable terms and reflect their best possible performance potential. Government reserves the right to clarify aspects of the proposals and hold discussions, as allowable under FAR Part 15 procedures.

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 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. (End of provision)

(End of provision)

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 29-Aug-2022 12:00 AM to 02-Sep-2022 11:00 AM.

(End of Summary of Changes)