Inyo NF Trailhead Toilet Cleaning and Trash Removal
The Department of Agriculture, US Forest Service, Central California Acquisition Services Area Inyo National Forest has a requirement for vault toilet cleaning & trash removal to be performed at trailhead recreation sites located in the Inyo National Forest. This is a combined / solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. It is the contractor's responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://acquisition.gov/far.
This is solicitation no. 129JGP19Q0043 a Request for Quotations (RFQ) and is a 100% Total Small Business Set-Aside. The NAICS code is 561720 - Janitorial Services. The size requirement for this NAICS code is $18 million. The government intends to award a Firm Fixed Price Contract with a Base and two option years.
Closing date of Solicitation is: 1 May 2019
Projected Award Date is: 6 May 2019
B-1 Trailhead Toilet Cleaning and Trash Removal at Inyo NF Recreation Sites, Base year: ______________
Option year 1: $ _______________
Option year 2: $ _______________
Total: $ _______________
AS PER THE GENERAL SPECIFICATIONS IN ATTACHMENT 1 AND THE FOLLOWING ADDITIONAL REQUIREMENTS:
Contractor Responsibility: Except as otherwise specified under C-1.3 and 1.4, the contractor shall furnish the necessary personnel, supplies and transportation to perform the services and ensure that the designated areas present a clean, orderly and well-kept appearance.
Estimated Start Date & Contract Time:
Date/Time Base Period Option Year 1 Option Year 2
Start 06/01/2019 End 11/30/2019 06/01/2020-11/30/2020 06/01/2021-11/30/2021
Contract Time: 1 year, 185 days
Estimated actual services per year and per site are attached. Services are estimated and may increase or decrease as weather/usage permits. Work is performed seasonally, between June and November.
Licenses & Insurance
Other: Worker's Compensation Insurance: The Contactor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry the insurance.
Definitions: Policing Area means checking an area thoroughly for debris, litter or other foreign matter over one inch in size, and properly disposing of it.
DESCRIPTION OF SERVICES
C-1 Scope of Work
Description of Work: This contract provides for Janitorial services-toilet cleaning and trash removal to be performed on recreation facilities located on the Inyo National Forest. The contractor shall furnish the necessary personnel, supplies and transportation to perform the services and insure that the designated areas present a clean, healthy, orderly and well-kept appearance.
The contractor shall furnish a work schedule to show approximately what time of day each of the recreation areas would be cleaned. The work schedule shall be given to the Contracting Officer Representative.
Contractor Responsibility: The Contractor shall provide everything--including, but not limited to, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states will be furnished by the Government.
Restrictions on Work:
A. Work cannot start before 7 A.M. and must finish by 4 P.M.
B. Dates of service are limited to dates on Schedule B (Attachment 1).
C. In accordance with the fire plan
D. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous of that continued vehicular travel would cause unacceptable road damage.
NOTE: The government assumes no responsibilities for any conclusions for interpretations made by the Contractor based on information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of a contract based on this solicitation, unless that understanding or representation in expressly stated in the contract.
C-1.2 Project Location & Description
Service locations are near CA Highway 395 between Mammoth, CA and Lone Pine, CA. Several locations are remote, see maps.
Map 1 Shows location of toilet units in Bishop Creek.
Map 2 Shows location of toilet units in Big Pine Creek.
Map 3 Shows location of toilet units in Rock Creek.
Map 4 Shows location of toilet units in McGee Creek.
Map 5 Shows location of toilet units in Onion Valley and Whitney Portal areas.
Maps showing the general vicinity and/or specific work areas are included in Attachment 1. Maps are general in nature and are not to be considered as definitively identifying locations.
C-1.3 Supplies & Equipment
Items furnished by the Contractor will include, but are not limited to the following:
A. Vehicle large enough to carry supplies, equipment and adequate supply of water
B. Brooms
C. Mops - string type
D. Sponges
E. Rags
F. Buckets
G. Cleanser (Bio-Based product)
H. Detergent/disinfectant (Bio-Based Product)
I. Toilet brushes
J. Plastic trash can liners (Containing at least 25% recycled post-consumer content)
K. Toilet Paper
C-1.4 Cleaning Services
A. Cleaning toilets - stainless steel or plastic toilet riser interiors shall be cleaned with a toilet brush and appropriate cleanser. Toilet exteriors shall be cleaned with a toilet brush and appropriate cleanser. Toilet exteriors shall be cleaned using a detergent/disinfectant /odor eliminator. Excess solution and cleanser residue shall be wiped dry from seats and risers.
B. Cleaning Walls - All interior and exterior walls shall be wiped clean of dirt, debris and writings. Spider webs and debris on ceilings and porch roof beams shall be removed whenever present.
C. Cleaning floors - All floors and entry walk shall be kept clean of dirt, debris, writing stains, and heel marks. Sweep and mop the floors with a clean chemical solution of disinfectant and bleach. The debris obtained from the floor shall be deposited in a trash container or hauled off by the Contractor. Excess water/solution shall be removed from floors and exterior entry walk.
D. Cleaning Doors - Doors shall be cleaned inside and out, of any dirt, debris, or writing. Doors shall not be propped open with rocks. Metal door stops with rubber tips or other approved devices may be used.
E. Trash Containers - Trash from the plastic bags inside the trash containers located outside/inside the toilet room shall be emptied every service day and disposed of off-site. Plastic bags shall be replaced every service day.
F. Toilet Paper - Check all toilet paper holders every service day to ensure that each roller has at least 1/4 roll on it and will move freely. No extra toilet paper rolls shall be left. All glued ends of new toilet paper rolls shall be loosened prior to installing in dispensers. Leave no loose ends showing from top of dispenser.
G. Garbage Removal - Trash from the plastic bags inside the trash containers located in the Trailhead parking lots shall be emptied every service day and disposed of offsite. Plastic bags shall be replaced every service day. (Schedule of Items 4B & 5B)
H. Pick-up trash from around the buildings
1. All trash and debris within a radius of ten feet of the toilet unit shall be picked up and deposited in the metal trash container located in the parking lot/recreation area or hauled off by the contractor. Trash and debris include, but are not limited to, bottles paper bags, bottle caps, or tabs, or other foreign matter more than one inch in diameter.
C-1.5 Notification of Damage to Toilets
A. The contractor shall notify the Contracting Officer Representative of any leaks, damage or breakage to any of the units being serviced. Notification shall be given as soon as possible and in no cases longer than 12 hours after discovery so that repair arrangements can be made. If damage poses a hazardous or unsafe condition, the Contractor shall lock the unit.
C-1.6 Contractor's Vehicle
A. The Contractor's vehicle shall be pulled off the road enough to allow traffic to pass. Parking spaces shall not be used by the contractor nor his equipment. Maximum speed limit in parking lots/recreation areas is TEN (10) miles per hour and is to be observed by the Contractor and his employees. See Fire plan for additional requirements.
C-1.7 Conduct of Personnel
A. The Contractor and his employees shall make every reasonable effort to prevent interference with the normal use and occupancy of parking lots/recreation areas while engaged in the performance of the contract.
B. Due to the nature of the duties under the contract, the Contractor and his employees are always expected to keep themselves and equipment presentable. The Contracting Officer may, in writing, require the Contractor to remove from the work any employee the Contracting Officer deems incompetent, careless, and otherwise objectionable or for theft, possession and or removal of materials, supplies, equipment or any Government-owned property.
C. Gambling: The Contractor shall not participate in games for money or personal property while on Government Property.
D. Alcoholic Beverages and Narcotics: The contractor shall not be under the influence of, use, or be in possession of any narcotic drug, hallucinogenic, marijuana, barbiturate, amphetamine, or alcohol while entering on or on Government Property. The prohibition shall not apply in cases where the drug being used as prescribed for a patient by a licensed physician.
E. Soliciting or Vending: The contractor shall not solicit or sell any items while on Government property.
F. Use caution in populated areas and comply with speed limits while driving on forest service roads.
G. Personnel: The contractor shall provide personnel who are qualified to use the Contractor's equipment and whose appearance is clean and orderly. Personnel not acceptable to the Government shall, upon written notice by the COR, be replaced with satisfactory personnell within 48 hours after such written notice.
C-1.8 Technical Requirements
A. Contractor is responsible for proper disposal of garbage off site of National Forest lands.
B. Contractor must meet all state and local requirements for garbage removal and disposal services, including but not limited to state, local and federal requirements for recycling throughout contract period.
C-1.9 Quality Control
The contractor shall implement a quality control program to assure performance standards in the contract are being consistently met or exceeded. A written quality control plan addressing all aspects of the contractor's custodial operations and procedures will be provided to the Contracting Officer within 10 days after start of contract. The plan shall also describe how the contractor will utilize its quality control to foster optimum customer service.
C-1.10 Bio-based products
Bio-based products that are designated for preferred procurement under USDA's Bio-Preferred program must meet the required minimum bio-based content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their bio-based products such as bio-based content. Products can also be found and compared at http://www.greenseal.org/findaproduct/index.cfm or comparable sites.
In addition to the bio-based products designated by the U.S. Department of Agriculture in the Bio-Preferred Program, the Contractor is encouraged to use other bio-based products.
The Contractor shall submit with the initial proposal a complete list of bio-based products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.
C-1.11 Government Quality Assurance Plan
1. Removal of all materials including human waste, trash, and debris.
2. Toilet building floors shall be cleaned of all spilled material using a ten percent disinfectant approved by the Government. Floors and surrounding areas shall be free of standing water.
3. Ceilings and other surfaces are free of cobwebs
4. Toilet risers, seats and lids shall be free of spilled materials and deposits. Toilet, riser, seats shall be Cleaned using disinfecting solution approved by the government -
5. Walls shall be cleaned by hand (pressure washer is not to be used) as needed to remove deposits.
6. Trucks shall not be rinsed or cleaned on National Forest land
7. Should any release of septic material occur, the contractor is responsible for immediately notifying the contracting officer's representative and the contracting officer. Should any release of septic materials of 5 gallons occur, it is the contractors' responsibility to immediately contact the appropriate Hazardous Materials officials for remediation and immediately contact Owens Valley Interagency Dispatch (760) 873-2488, for required actions.
8. Complete the field operations invoice stating how many gallons and trash bags were removed from the corresponding location.
Also see USDA "Cleaning Recreation sites" manual #2300 - Recreation, December 1995, 9523 1206-SDTDC
C-1.12 Hours & Frequency of Work
1. Orders will be issued by FAX to the Contractor's office.
2. The Contractor will provide date and time when work will start
3. The Contractor will meet a government inspector at a specified location and time.
4. All invoices must be submitted through IPP (Invoice Processing Platform) at www.ipp.gov
5. Work under this contract shall be performed between the hours of 7:00a.m. and 6:00 p.m.
6. Toilets shall be serviced within 5 calendar days following request.
7. Services shall be performed as directed by the Contracting Officer's Representative as needed.
C-1.13 Public Safety
All Contractor supplied equipment will be safe for use in public areas and will not leak any oil or other vehicle fluids or any effluent from hoses, fittings, or tank. The Contractor will place hazard cones when working in the toilets and impeding vehicular traffic.
____________________________________________________________________________________________
QUOTES
Government Contracting Contact: Gloria Trahey (530) 543-2612, e-mail: gloria.trahey@usda.gov.
Submission of Quotes: The response date is May 1, 2019, no later than 3:00 pm. PST.
Quotes can be E-mailed to Gloria Trahey at gloria.trahey@usda.gov. or sent by facsimile to 530-543-2830. It is the contractor's responsibility to obtain confirmation receipt. Contact Gloria Trahey at (530) 543-2612 to confirm delivery receipt.
Quotes may be mailed/hand carried to LTBMU, Attn: Gloria Trahey, LTBMU, 35 College Drive, South Lake Tahoe, CA, 96150.
The minimum information required in the quote is as follows:
1. Solicitation Number
2. Company Name, POC Name, Address, Phone, and Email on company business letterhead or form.
3. Detailed Pricing (See Attachment 1, Schedule B).
4. Detailed specifications addressing all government requirements. (Attachment 1, Capabilities document or equivelant)
5. Affirmation of Active account in SAM (DUNS number)
6. Completed AGAR 452.209 -70 Representation by corporations regarding an unpaid delinquent tax liability or a felony conviction (deviation 2012-01) alternate 1 (FEB 2012)
7. Acknowledgement of any Solicitation amendments
Evaluation of Quotes
Award will be made to the responsible offeror whose offer conforming to the solicitation is determined to be most advantageous to the government based on an evaluation of the following factors: price, relevant experience, past performance, and planned use of bio-based products.
Responsible sources may submit an offer which will be considered by the government. In accordance with FAR 4.1102(a), prospective contractors must be registered in the System for Award Management (SAM) database prior to award of a contract. Lack of registration in SAM on the part of the offeror will render an offeror ineligible for award. Offerors may obtain information on registration and annual confirmation requirements by visiting www.sam.gov
PROVISIONS AND CLAUSES
The contractor shall comply with the following FAR clauses (current revision) which are incorporated in this contract by reference, to implement provisions of law or Executive Orders applicable to acquisitions of commercial items: (full text of all provisions and clauses to be found at: http://acquisition.gov/comp/far/loadmainre.html ) The solicitation document and incorporate provisions and clauses are those in effect through Federal Acquisition Circular 2019-01, effective Jan 22, 2019:
Solicitation Provisions:
52.212-1 Instructions to Offerors-Commercial Items (Oct 2018)
52.212-2 Evaluation-Commercial Items. (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Price
Relevant Experience
Past Performance
Planned use of bio-based products.
Relevant experience and past performance, when combined, are approximately equal to cost or price;
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding 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.
52.212-3 Offeror Representations and Certifications--Commercial Items (Oct 2018) must be completed where applicable and included with your offer and include:
Addenda to FAR 52.212-3: AGAR 452.209 -70 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION (DEVIATION 2012-01) ALTERNATE 1 (FEB 2012)
(a.) Awards made under this solicitation are subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.
(b) The Offeror represents that -
(1) The Offeror is [ ] or is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)
If the Offeror checked "is" above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked "is not" above, Offeror may leave the remainder of the representation blank.
(2) (i) The Offeror has [ ] or has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.
(ii) Offeror has [ ] or has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.
(3) The Offeror does [ ] or does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
Contract Clauses:
52.212-4 Contract Terms and Conditions--Commercial Items (Oct 2018)
52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (Oct 2018)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware,
Software, and Services Developed or Provided by Kaspersky Lab and
Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (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 (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved]
_XX__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Nov 2016) of 52.219-9.
___ (iii) Alternate II (Nov 2016) of 52.219-9.
___ (iv) Alternate III (Nov 2016) of 52.219-9.
___ (v) Alternate IV (Aug 2018) of 52.219-9.
_XX__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
_XX__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
_XX__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_XX__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
_XX__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_XX__ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
___ (ii) Alternate I (Feb 1999) of 52.222-26.
___ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
___ (ii) Alternate I (July 2014) of 52.222-35.
___ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
___ (ii) Alternate I (July 2014) of 52.222-36.
___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_XX__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (35) (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.)
___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).
___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514
___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
_XX__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).
___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (Jan 2017) of 52.224-3.
_XX__ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
_XX__ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).
___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_XX__ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).
___ (56) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).
___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
___ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)
XX (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).
___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).
___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is more than the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(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 (Oct 2015) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (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 (Mar 2015) (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 E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(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. (May 2014) (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 (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
52.223-1 Biobased Product Certification. (May 2012)
As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 ( 7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (Sep 2013)
FAR 52.204.9 Personal Identity Verification of Contractor Personnel (2011)
(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee's employment
(3) Upon contract completion or termination
(c) The Contracting Officer may delay final payment under a contract if the Contractor fail to comply with these requirements.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d) in all subcontracts when the subcontract's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.
52.217-5 Evaluation of Options (July 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
52.217-8 Option to Extend Services. (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of the period of time within which the Contracting Officer may exercise the option.
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 of end of year; 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 3 years 6 months.
52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984)
Funds are not presently available for performance under this contract beyond September 30, 2014. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2014, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
FAR 52.252-2 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): www.acquisition.gov/far/
INSPECTION AND ACCEPTANCE
FAR 52.246-4 Inspection of Services--Fixed-Price (AUG 1996)
Government Inspections
Government inspections are for satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.
The Contracting Officer's Representative or designated Inspector will inspect premises for compliance with C.1.4 Cleaning Specifications. The Contractor will be required to correct unacceptable work. A form will be provided to check off each scheduled workday.
Compliance Inspections
Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government.
Acceptance:The following clauses which affect acceptance are incorporated by reference:
Responsibility for Supplies, Clause 52.246-16
Use and Possession, Clause 52.236-11
Acceptance Standard for this Project
Work will be deemed acceptable for payment when all inspected areas have met the standards in Section C.1.4.
Work on this contract will be deemed acceptable when the processes and/or deliverables conform to the contract requirements.
PAYMENT
Payments. Payment will be made for fully acceptable work at the prices bid in the schedule of items.
Contract Release.
Before final payment will be made the Contractor shall sign a release of all claims against the Government arising from this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).
INVOICES
Payment will be made from the contractor's invoice. All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. There is no pre-award registration.
After award of a contract, please make sure that your company registers promptly at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. PRIOR to starting the IPP enrollment process, please verify that the point of contact's (POC's) email address is up to date in your company's System for Award Management (SAM) account at www.sam.gov and that any recent update(s) have been allowed time to process resulting in an "Active" status on the SAM account. The one-time enrollment in IPP means a series of emails will be sent to the SAM POC. If you have questions on the IPP enrollment process, the help desk phone number is 1-866-973-3131.
IPP invoices are now the official payment record. Contractors must include an IPP attachment which shows the breakdown of billing based on the pricing schedule items and/or subitems. For assistance with invoicing in IPP, the help desk phone number is 1-866-973-3131.
FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.242-14 Suspension of Work (APR 1984)
Work Timing
The Contractor shall begin work within on the effective date of the Notice to Proceed.
Failure to begin work on schedule will make the contract subject to immediate termination for default.
Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time. The Government reserves the right to set the priority of items or subitems. Contractor shall complete all work on one subitem before proceeding to another.
CONTRACT ADMINISTRATION DATA
Pre-work
Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held to discuss the contract--especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer.
Work on this contract may proceed and contract time will begin upon receipt of the awarded contract. Any adjustments to the anticipated completion date will be noted in the award letter.
SPECIAL CONTRACT REQUIREMENTS
Wages
See attachments: Wage Determinations
Loss, Damage or Destruction
Equipment Furnished with Operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.
Contractor Representatives
The Government may deal officially and directly only with the contract signer, with corporate officers with legal contractual authority, or with persons specifically designated by the contractor to act as official representatives.
Other
Even though this contract may provide for performing services at the direction of the Government personnel, the contract is not for personal services, and neither the Contractor nor his or her personnel are Government employees. The Government assumes no liability for injury occurring to Contractor personnel or the third parties, or for loss, damage, or destruction involving third parties' property because of the Contractor's operation. Except that the Government is liable for such loss, damage, or destruction, resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment.
Primary Point of Contact:
Gloria Trahey
Purchasing Agent
Phone: 530-543-2612
Fax: 530-543-2830
Gloria C Trahey, Purchasing Agent, Phone 530-543-2612, Fax 530-543-2830, Email gloria.trahey@usda.gov - Rebecca Hutto, Recreation Officer/COR, Phone 760-873-2441, Fax 760-873-2555, Email rebecca.hutto@usda.gov
