00. RFQ, 127EAS22Q0067 (To Post).pdf

127EAS22Q0067

Southwestern Region

USFS PSWRS Sugar and Ponderosa Pine Rooted Cuttings

COMMERCIAL COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial services prepared in accordance with (IAW) the format prescribed in FAR 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.

Solicitation 127EAS22Q0067 is issued as a request for quote (RFQ).

This procurement is being issued as a 100% SMALL BUSINESS SET ASIDE.

North American Industrial Classification Standard (NAICS) 813312, Size Standard of $17 Million.

This solicitation document incorporates provisions and clauses of those in effect through Federal

Acquisition Circular 2022-06 and Agriculture Acquisition Regulation (AGAR) last updated 29 March

2021. The result of this requirement will be a firm fixed priced (FFP) contract.

ATTACHMENTS:

1. Schedule of Items (SOI)

2. Evaluation Criteria

3. Statement of Work (SOW)

4. RFQ Provisions and Clauses

5. Wage Determination

CONTRACTOR MUST SUBMIT:

1. Completed and Signed SOI

2. Technical Submittal

3. Past Performance Questionnaire

• Please see evaluation criteria attachment for further information.

All questions pertaining to this acquisition shall be asked no later than, 7 September 2022 at 10:00AM, PT. Questions shall be sent to Perry Rinato via email at perry.rinato@usda.gov. Email must be titled, “127EAS22Q0067 – RFQ Question”.

It is the responsibility of the offeror to view the SAM.Gov website for any changes or amendments to this

RFQ.

Quotes are due to Perry Rinato via email at perry.rinato@usda.gov no later than, 15 September 2022 at

10:00AM, PST. Quote emails must be titled, “127EAS22Q0067 – RFQ Submission”.

Attachment 1: Schedule of Items (SOI)

SCHEDULE OF ITEMS

PROJECT

USFS PSWRS Sugar and Ponderosa Pine Rooted

Cuttings

UNIT Southwest Zone

SOL # 127EAS22Q0067

PR # 1066914

ITEM

NO. DESCRIPTION

UNIT

of

ISSUE

UNIT

QTY UNIT PRICE TOTAL PRICE

0001 Hydroponic System and Hedge

Garden, IAW the terms and conditions of the SOW.

Month 12 $ $

0002 Rooting Cuttings and Planting Stock

Production, IAW the terms and conditions of the SOW.

Month 12 $ $

0003 Monitoring and Reporting, IAW the terms and conditions of the SOW.

Month 12 $ $

0004 Mowing, IAW the terms and conditions of the SOW.

Each 3 $ $

0005 Irrigation System, and Irrigation

Maintenance/ Repair, IAW the terms and conditions of the SOW.

Month 12 $ $

0006 Property Cleanup and Removal of

Volunteer Trees, IAW the terms and conditions of the SOW.

Month 12 $ $

0007 Lower Branch Pruning, IAW the terms and conditions of the SOW.

Each 2 $ $

TOTAL $

NOTES 1. Responses for quantities less than those listed in the numbered items may be rejected

2. Responses without prices for each item and sub-item may be rejected.

PRICE SUBMITTED BY

Signature

Phone:

Vendor Fax:

Address Email:

Cage

Code POC:

UEI

Attachment 2: Evaluation Criteria

The Government intends to award a firm fixed price 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.

Quotes submitted in response to this solicitation shall include a Technical Submittal, Price Quote and

Past Performance Questionnaire.

Technical submittal – The technical submittal shall address the contractor’s proposed plan of work detailing all required elements listed in the Statement of Work for CLINS 0001, 0002, 0003, and

0005. The contractor shall identify the method completing work for each respective CLIN identifying and explaining how the contractor will establish and maintain all required systems and an example of the required reporting to be furnished by the contractor to the government per the SOW. The

Technical Submittal must also include: The resources (personnel and equipment) which are planned for use on the project, and how realistic that plan is given concurrent obligations, and where applicable, estimated production rates. The completed technical submittal shall be no longer than 6 pages long.

Past Performance Questionnaire – Please complete and return the questionnaire, located on the next page.

Price Quote – Include the following: 1) completed, signed SOI from this solicitation, 2)

Acknowledge any amendments issued on sam.gov for this solicitation by completing and signing the posted SF-30, and 3) Include the completed price schedule contained in Section B of this solicitation.

Offerors that do not submit all sections of evaluation factors will not be considered for contract award.

Responses should be submitted on the most favorable terms that the offeror could make to the

Government.

The Government reserves the right to reject any or all offers or to make award without conducting negotiations.

The following factors shall be used to evaluate offers: price, technical, and past performance.

Technical and past performance, when combined, are of greater importance than price.

Past Performance Questionnaire

Please complete and return with your quote.

Name of Contractor: ___________________________________

Contractor POC: ______________________________________

Phone Number: _______________________________________

Email: _______________________________________________

Experience of the Firm

What contracts has your firm performed which are similar in scope, magnitude, and complexity to this project? (You need not list more than 5.)

Name of

Project

Type of

Project

Scope/magnitude Work performed for

Completion

Date

What other contracts has your firm performed in the past three years that would show your firm’s capability to undertake this project?

Name of

Project

Type of

Project

Scope/magnitude Work performed for

Completion

Date

If yours is a new firm or has no directly relevant experience, how do you propose to acquire the expertise to perform the contract? (e.g., subcontracting arrangements [list subcontractors and their experience], hiring experts [list key personnel and their experience])

Subcontractor Expertise Experience

Whom may we contact concerning your performance on the projects listed above? (If reference is for a subcontractor or key person, identify which subcontractor/key person is referenced.)

Name Address Phone FAX e-mail Project(s)

Attachment 4: Statement of Work (SOW)

STATEMENT OF WORK

Description of Work:

The purpose of this contract is the testing and establishment of rooted cuttings of sugar pine (Pinus lambertiana) and ponderosa pine (Pinus ponderosa) in an effort to create a more cost-efficient method of reforestation of critical species. Rooted cuttings of sugar pine and ponderosa pine is a new concept and must be tested to prove its efficiency both in the greenhouse and field settings. The initial process of the rooted cuttings experiment will take place in glass greenhouses located at the USFS Pacific Southwest

Research Station (USFS PSWRS) in Riverside (CA) where pine clippings will be undergoing the establishment procedures in hydroponic growing conditions before being transplanted at the Mormon

Rock Seed Orchard (MRSO) where they will be monitored and evaluated. Performed Ongoing maintenance of the MRSO will ensure the hydroponic-based rooted cuttings will have a sufficient and safe area to become established for future reforestation needs. Regular maintenance and upkeep to the seed orchard is vital for Southern California’s conifer reforestation efforts. Performed maintenance will include mowing of grasses within and around seed orchard, pruning of lower branches of established trees, removal of any volunteer trees (see definition, Section C.7-1), layout and repair of irrigation system, and general cleanup of any trash and vandalism.

Contractor Responsibility:

The Contractor shall provide --including, but not limited to, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

Project Location & Description:

Location: Seed Orchard at the Mormon Rock Fire Station in the San Bernardino National Forest and

Greenhouses at the USFS Pacific Southwest Research Station in Riverside, CA

Description: The USFS Seed Orchard is located at the Mormon Rocks Fire Station in the Front Country

Ranger District of the San Bernardino National Forest. The address is at 7198 Abiel Barron Memorial

Hwy (Hwy138), Phelan, CA 92371. Less than 1 mile westbound on Hwy 138 from the Hwy 15 exit.

Accessibility: The area is accessible all year.

Maps:

Maps showing the general vicinity, districts and/or specific work areas will be provided at the pre-work meeting. Maps are general in nature and are not to be considered as definitively identifying locations.

Forest maps can be obtained from the individual forests through their websites. Access to these websites can be obtained thru the Washington Office website (www.fs.fed.us). Detailed maps and motor logs for some tree locations may be provided at the start of the project.

The greenhouses in the USFS Pacific Southwest Research Station in Riverside are located at 4955

Canyon Crest Dr, Riverside, CA 92507

Period of Performance:

The number of calendar days required for this service is 365, from award of contract.

Restrictions on Work:

Work may be performed at any time during the period of the contract, except as outlined here. Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work

Clause (52.242-14). Restrictions are as follows:

1. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

2. When ground conditions are too wet to continue operations without sustaining resource damage to soils. The Contracting Officer or Contracting Officer’s Representative will make this determination. When such conditions exist, the Forest Service will issue a written

Suspend Work Order.

3. Servicing and refueling of equipment areas shall be located outside of RCA’s or 100 feet from other wet areas. In case of a HAZMAT spill, the material shall be immediately contained, and the Forest Service shall be immediately notified.

4. Within the sub-item boundaries, the Government may exclude non-work areas such as: rocky areas, wildlife areas, and other special areas. Non-work areas will be designated by the

Contracting Officer’s Representative. Such areas exceeding 1/2 acre in size per unit will be excluded from payment.

Licenses and Insurance:

The contractor shall obtain the insurance and licenses listed here.

- MSPA Card (Form WH510): This contract [ ] does [X] does not require the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy.

Technical Requirements:

Vegetative Propagation of Sugar Pine and Ponderosa Pine by Rooted-Cuttings at the USFS PSWRS:

- Hydroponic System and Hedge Garden:

The Contractor shall design and assemble a working hydroponic system that must be able to support and sustain sugar and ponderosa pine rooted cuttings for growing, testing different growing media, and observation. The Hydroponic System must have the capacity to hold 1,000 rooted cuttings. The

Contractor shall establish a hedge with Sugar pine and Ponderosa pine seedlings provided by the USFS

Placerville Nursery. These parent stock will serve as the source of tip cuttings once a “bonsai-like” pruning is induced. The parent stock will be maintained in a hydroponic system to improve cuttings production. The vegetative tips will be extracted from the parent stock regularly for the rooted-cuttings procedure.

- Rooting Cuttings, Planting Stock Production and Transplanting:

Cuttings collected from the parent plants in the Hedge Garden will be treated with hormones to induce rooting in the hydroponic system. The rooted-cuttings will be transplanted to nursery containers with proper stock media to promote healthy plant stock growth. The planting stock produced by rooted-cuttings will be transplanted in areas pre-determined (by COTR) in the MRSO site for further monitoring and observation.

- Monitoring and Reporting:

Contractor will provide monthly reports of the Hedge Garden and Rooted-cuttings activities. The study is intended to determine the more efficient procedure to maintain the parent plants in the Hedge Garden and the best rooting for cuttings will be carried as a randomized complete block design with split plot arrangement. Where nutrient solution (Main Plot) will be combined with hormone treatments (sub-plots) in a two-replication experimental design. Evaluations of the Hedge Garden will be conducted regularly, but the efficiency of the systems to generate rooted-cuttings will be performed every 60 days after induction by quantifying: rooting percentage, statistical analysis, and conclusion and recommendations.

Seed Orchard Maintenance:

- Mowing:

(Monthly) - Mowing will include all grass and shrubs using a tractor and mowing implement. Mowing must be done with accordance to the San Bernardino NF fire plan. Mowing will take place throughout all blocks within the seed orchard, Inside and out of the perimeter fence line, and on/along Roadways inside the seed orchard.

- Irrigation System, and Irrigation Maintenance/Repair:

(Monthly) - Irrigation system will be maintained at fully operational level during watering times (May –

November). This includes repairs to any section of the orchard’s dripline system, underground piping, couplers and unions, water tanks/pumps, and sprinkler/dripline heads.

The irrigation system will be drained and winterized during the non-watering winter months (November –

March).

- Property Cleanup and Removal of Volunteer Trees:

(Monthly) - Volunteer trees will be removed throughout all blocks within the seed orchard. All removed debris including but not limited to volunteer trees will be placed in burn piles designated before contract start date. Grasses and volunteer trees will be removed from around these trees at a circumference twice the size as its longest branches.

- Lower Branch Pruning:

(Biannual) - Lower branches will be pruned to a height no lower than eight feet for trees over 40 feet tall.

Trees that fall under 40 feet will be pruned to a height that will remove no more than two thirds of the live crown. Trees that cannot be pruned to specifications will not be pruned. Grasses and volunteer trees will be removed from around these trees at a circumference twice the size as its longest branches.

Other: The contractor must have the capability to install, maintain, and repair drip irrigation systems and must be able to perform weeding and protection of the saplings against mechanical damage.

Definitions:

Conifer: A cone bearing tree with needles or leaf scales (e.g. pine, fir, cedar)

Dripline Irrigation: A type of micro-irrigation system that has the potential to save water and nutrients by allowing water to drip slowly to the roots of plants, either from above the soil surface or buried below the surface. The goal is to place water directly into the root zone and minimize evaporation.

Hydroponics System: Hydroponics is a type of horticulture and a subset of hydroculture which involves growing plants without soil, by using mineral nutrient solutions in an aqueous solvent.

Lower Branch Pruning: Removal of selected branches from the tree leaving no less than 60% of the live crown.

Mowing: The act of cutting down grass or vegetation.

Transplanting: Is the process of moving a fully germinated seedling (or mature plant) and replanting it in a permanent location for the growing season.

Volunteer Trees: Unwarranted trees or saplings that have grown from seed naturally and not planted.

These trees are typically a different species than what is planted and generally not “in line” with planted rows (e.g. not in a uniform row or column).

Contractor-Furnished Equipment:

Contractor shall furnish all labor, materials, equipment, supplies (except for Government-furnished materials) and incidentals necessary to successfully complete all of the above tasks associated the land clearing scope of work in accordance with attached terms, conditions and specifications.

Government-Furnished Materials:

The Contracting Officer’s Representative or designated inspector will furnish:

- All soaking/propagation materials for rooted cuttings

- Containers for shipping and transplanting rooted cuttings

- Mormon Rock Seed Orchard site for transplanted rooted cutting material.

- Any keys needed to access the Mormon Rock Seed Orchard site.

- Seed orchard irrigation materials

All Government-furnished materials not used by the contractor will be returned to the Government before processing of the final payment. Damaged government property will be the responsibility of the contractor for repairs or replacement.

All assembled and working equipment by the contractor will be government property and all equipment transportation after project is complete will be handled by the Forest Service.

Inspection and Acceptance:

Quality Control Plan: The Contractor shall conduct inspections on all units in accordance with his/her

Quality Control Plan (QCP). The Contractor’s Quality Control Plan shall be submitted and accepted by the Government prior to any work starting.

Government Inspections: Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.

The Contracting Officer's Representative or designated inspector will conduct all inspections. The

Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request.

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.

Final (formal) inspections for payment will be made on completed items only. Contractor shall request final inspections in writing and give the Forest Service at least two working days advanced notice.

Inspections will be completed within four working days after the notice is received. If the work is not ready for inspection at the time specified by the Contractor, the cost associated with the inspection attempt may be charged to the Contractor.

Disputed Inspection:The Contractor may request reinspection without rework if the results are unacceptable. Reinspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Reinspection will be accomplished within five working days after receipt of the contractor's written request.

The same sampling and inspection procedures will be used, but new samples will be taken. The inspection pattern will be shifted so that new samples will not overlap previously inspected samples.

Results will be rounded to the nearest whole percent.

If reinspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If reinspection results are greater than five percentage points above or below the first inspection, the reinspection results will be used.

If the reinspection results are within five percentage points of the first inspection, the Contractor shall pay the actual costs of the reinspection.

Reinspection after Rework: Where rework after a failed inspection may improve the inspection results, the Contractor may rework the area and request (in writing) a second inspection. The Government will charge to the Contractor the cost of this additional inspection. Reinspection will be accomplished within five working days after the notice is received. The results of the second inspection will be final, and no further rework will be permitted. Areas not ready for reinspection at the time specified by the Contractor will not be reinspected, and the results of the first inspection will be final.

Government’s inspection system:

- Inspect the fully assembled hydroponic system and verify it is in full working order.

a. Hydroponic system is fully assembled.

b. Inspect that hydroponic system is contained and no leaks, cracks, or breaks are present.

c. Inspect that the hydroponic system is capable of growing and sustaining all rooted cuttings.

- Inspect that the rooted cuttings have been established within the hydroponic system.

d. Rooted cuttings have been soaked in supplied material for propagation.

e. Root growth and or survival is acceptable.

- Inspect that the Mormon Rock Seed Orchard site is being maintained.

a. Irrigation system is fully functional throughout the orchard.

b. Grasses have been mowed and maintained.

c. Vandalism (if any has been noted) has been mitigated.

d. Lower branch pruning on existing established trees has been completed.

- Inspect that rooted cuttings have been transplanted to the Mormon Rock Seed Orchard site.

a. Rooted cuttings are on site.

b. Have been successfully transplanted.

i. No J-rooting

ii. Irrigation system is in place

iii. Are planted in correct order and location on site

- Rooted cuttings are being monitored on site.

a. Inspect log book/observational report.

b. On site visits to verify observational report accuracy.

Acceptance:

Work on this contract will be deemed acceptable when:

- The assembly of the hydroponic system is fully operational.

- The rooted cuttings are established within the hydroponic system.

- The Mormon Rock Seed Orchard site is observed as being maintained.

- Rooted cuttings are transplanted at the Mormon Rock Seed Orchard site.

- Sugar pine rooted cuttings have been monitored at the Mormon Rock Seed Orchard site for one year.

Quality Assurance Plan:

To be acceptable, the plots must meet the following standards:

Selection of crop trees: Each selected tree shall meet the standard at C.3-1. Damaged trees will not count as selected trees.

Spacing of crop trees: Each plot shall contain 6 selected trees (12X12) or 8 selected trees

(10X10) that meet the spacing guidelines (i.e., +/- 50%). Target TPA will be calculated by summing the number of trees that should have been released for the total number of plots & dividing by the total acreage of the plots. Actual TPA will be calculated by summing the total number of selected trees; damaged trees will not count as selected trees.

Release of trees: A plot shall contain a maximum of 2 stems of untreated competing vegetation, no sprouts from a stump, and no damaged non-crop conifers within each treated radius.

Disposal of slash: At least 90% of the plot area shall comply with the slash depth restrictions.

Contract Administration:

Pre-performance Conference: Before work begins on service contracts, a pre-performance conference is normally held to discuss the contract--especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-performance conference should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-performance conference may be waived at the discretion of the Contracting Officer.

Notice to Begin Work: 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.

Payments: Payment will be made for fully acceptable work at the prices bid in the schedule of items.

Payment will be made monthly or upon completion of the nonmonthly services.

Contract Release: Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the

Contractor has specifically excepted from the operation of the release. A 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 Contractor's invoice. In service contracts where work is paid for on a monthly basis and the Government prepares the invoice, the date for receipt of a proper invoice is established as the second working day of the month, starting with the month following the first service performed under the contract.

Safety Plan: The Contractor shall submit a safety plan for this specific project that will address, among other things, a communications plan, egress of injured workers and protection of the public and government personnel prior to any work starting.

Attachment 5: Provisions and Clauses

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (NOV

2021) (Provision)

Addenda to Provision 52.212-1:

For simplified acquisitions, the word quote or quoter is substituted in provision 52.212-

1 for the word offer or offeror.

Addenda to Provision 52.212-1 paragraph (b) Submission of Offers:

1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/

2) Offers submitted in response to this solicitation shall include a technical submittal, a price quote, and past performance questionnaire.

a) Technical Submittal - The technical submittal shall address the evaluation factors in 52.212-2. At a minimum technical proposal shall include:

i) Past Performance questionnaire – provide a list of similar projects completed by your firm over the past three years. Include a brief description of the project, dollar amount, year completed, and project owner contact information (name, phone, and email). The government may use past performance information from any available source. If a company does not have past performance information available, information may be provided for predecessor companies, key personnel, or subcontractors. In the event that there is no past performance information available, the offeror will receive a neutral rating in this factor.

ii) Technical Capability – The technical submittal shall address the contractor’s proposed plan of work detailing all required elements listed in the

Statement of Work for CLINS 0001, 0002, 0003, and 0005. The contractor shall identify the method completing work for each respective CLIN identifying and explaining how the contractor will establish and maintain all required systems and an example of the required reporting to be furnished by the contractor to the government per the SOW.

The Technical Submittal must also include: The resources (personnel and equipment) which are planned for use on the project, and how realistic that plan is given concurrent obligations, and where applicable, estimated production rates. The completed technical submittal shall be no longer than 6 pages long.

b) Price Quote – Include the following: 1) completed, signed SOI (Attachment 1) of this solicitation, 2) Acknowledge any amendments issued on sam.gov for this solicitation.

https://www.sam.gov/SAM/

2) Submit offer by email to perry.rinato@usds.gov so that it is delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Technical

Submittal, Past Performance Questionnaire, and completed SOI) in Microsoft Word or

Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the quote.

3) Address questions about this solicitation to Perry Rinato at perry.rinato@usda.gov

Addenda to Provision 52.212-1 paragraph (f) Late submissions:

Replace (f)(2)(i) with the following:

Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is

"late" and will not be considered unless it is received before award is made and the

Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. (Delete paragraphs A, B, C).

52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021)

(Provision)

(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: Technical, Past Performance and Price.

Technical and past performance, when combined, are more important than price.

(b) 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.

52.252-2 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) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

Deviations to clauses may be viewed at:

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

52.212-3 Offeror Representations and Certifications – Commercial Products and

Commercial Services (MAY 2022) (DEVIATION JUL 2020) (Provision)

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.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders – Commercial Products and Commercial Services (MAY 2022) (DEVIATION JUL

2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial 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 https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm of law or Executive orders applicable to acquisitions of commercial products and commercial services:

☐ (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)

[Contracting Officer check as appropriate.]

☐ 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 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. 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 2022)

(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 (May 2022). (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 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.

☒ (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.

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

Employee Class Monetary Wage-Fringe Benefits

Forester GS 7-9 $44,740 / Year http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

☐ (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).

☒ (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 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 (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(Jan 2022).

(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.

52.204-13 System for Award Management Maintenance (OCT 2018)

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)

52.242-17 Government Delay of Work (APR 1984)

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 deobligation.