1240BD22Q0135 RFQ_Wenatchee Farrier Services.pdf

Solicitation Number:1240BD22Q0135 Wenatchee River RD Farrier Contract

(i) This is a combined synopsis/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; proposals are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued as an Request for Quotation (RFQ)

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06.

(iv) This procurement is set aside 100% for small business. The NAICS code is 115210-Support Activities for Animal Production (Farriers) and the Small Business Size Standard is $8.0 Million

(v) Schedule of Items/Price Schedule

BASE YEAR 2022 Period of Performance August 1st 2022-July 31st 2023

Item Supplies/Services Qty Unit of Issue

Unit Price Total Price

0001 Pull and Trim (Estimated to be late August)

8 EA $ $

0002 Shoe (Estimated to be late August) 7 EA $ $

0003 Pull and Trim (Estimated late October) 7 EA $ $

0004 Trim (Estimated late October) 8 EA $ $

BASE YEAR TOTAL $____________

OPTION YEAR 1 2023 Period of Performance August 1st 2023-July 31st 2024

Item Supplies/Services Qty Unit of Issue

Unit Price Total Price

1001 Trim (Estimated Mid March) 15 EA $ $

1002 Trim (Estimated Mid May) 10 EA $ $

1003 Shoe (Estimated Mid May) 5 EA $ $

1004 Shoe (Estimated late June) 15 EA $ $

1005 Pull and Trim (Estimated late August) 8 EA $ $

1006 Shoe (Estimated Late August) 7 EA $ $

1007 Pull and Trim (Estimated late October) 7 EA $ $

1008 Trim (Estimated late October) 8 EA $ $

OPTION YEAR 1 TOTAL $____________

OPTION YEAR 2 2024 Period of Performance August 1st 2024-July 31st 2025

Item Supplies/Services Qty Unit of Issue

Unit Price Total Price

2001 Trim (Estimated Mid March) 15 EA $ $

2002 Trim (Estimated Mid May) 10 EA $ $

2003 Shoe (Estimated Mid May) 5 EA $ $

2004 Shoe (Estimated late June) 15 EA $ $

2005 Pull and Trim (Estimated late August) 8 EA $ $

2006 Shoe (Estimated Late August) 7 EA $ $

2007 Pull and Trim (Estimated late October) 7 EA $ $

2008 Trim (Estimated late October) 8 EA $ $

OPTION YEAR 2 TOTAL $____________

OPTION YEAR 3 2025 Period of Performance August 1st 2025-July 31st 2026

Item Supplies/Services Qty Unit of Issue

Unit Price Total Price

3001 Trim (Estimated Mid March) 15 EA $ $

3002 Trim (Estimated Mid May) 10 EA $ $

3003 Shoe (Estimated Mid May) 5 EA $ $

3004 Shoe (Estimated late June) 15 EA $ $

3005 Pull and Trim (Estimated late August) 8 EA $ $

3006 Shoe (Estimated Late August) 7 EA $ $

3007 Pull and Trim (Estimated late October) 7 EA $ $

3008 Trim (Estimated late October) 8 EA $ $

OPTION YEAR 3 TOTAL $____________

OPTION YEAR 4 2026 Period of Performance August 1st 2026-July 31st 2027

Item Supplies/Services Qty Unit of Issue

Unit Price Total Price

4001 Trim (Estimated Mid March) 15 EA $ $

4002 Trim (Estimated Mid May) 10 EA $ $

4003 Shoe (Estimated Mid May) 5 EA $ $

4004 Shoe (Estimated late June) 15 EA $ $

4005 Pull and Trim (Estimated late August) 8 EA $ $

4006 Shoe (Estimated Late August) 7 EA $ $

4007 Pull and Trim (Estimated late October) 7 EA $ $

4008 Trim (Estimated late October) 7 EA $ $

OPTION YEAR 4 TOTAL $____________

Combined Total BASE plus All Option Years $_________________

Quoters Company Information

Business Name (please print):

Point of Contact (please print):

UEI Number from sam.gov:

Email:

Phone:

Signature:

Date:

Schedule Notes:

a) One award will be made from this solicitation; contractors must submit pricing for all items to be considered for award.

b) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices quoted, unless the quoter specifies otherwise in the quote. The number of horses or mules may vary toward the end of the option period. Payment will be based on the quantity of horses and/or mules serviced per visit.

c) Option years will be evaluated at time of award but are not required to be exercised by the government. If the Government choses to exercise an option year, the contractor will be notified in writing. Services for option years are expected to be performed in accordance with the terms and conditions of this contract.

d) Offeror must have an active entity registration in the System for Award Management at the time offer is submitted to be considered. https://www.sam.gov/SAM/

(vi) Description of Requirement (including a list of any attachments)

The United States Department of Agriculture (USDA), Forest Service, Okanogan-Wenatchee National Forest, Wenatchee Ranger District has a need for routine standalone farrier services for an estimated 15 head of stock (horses/mules) for a performance period of August 1st though July 31st.

The farrier’s primary occupation or service shall be shoeing of livestock.

The farrier shall be a specialist in the stand and shoeing and livestock hoof care, including the trimming and balancing of horses' and mule’s hooves and the placing of shoes on their hooves.

Scheduling Services

Service Dates: Services are to be performed Monday through Thursday, 0800 to 1600, except for observed federal holidays.

Observed Federal Holidays:

New Years Day Labor Day Martin Luther King Jr’s Birthday Columbus Day Presidents Day Veterans Day Memorial Day Thanksgiving Day Independence Day Thanksgiving Day Independence Day Christmas Day Juneteenth

Forest Service non-availability: Due to Forest Service packing commitments, some business days may not be available. Packing commitments cannot be rescheduled.

Due to low staffing, no Forest Service assistance will be available for shoeing the month of March. Please plan accordingly.

Request for Services: The contractor will be given a minimum of 14 business days’ notice when farrier services are required.

Scheduling Services: When a service date and time is requested, the contractor shall accommodate a scheduled appointment within a two-week window of the service request date.

Time to complete Services: Contractor will have 2 consecutive working days to complete the trimming and/or shoeing

Government provided Assistance: At the time of request for services, the contractor must let the Government know if a Forest Service employee is needed to assist in handling stock.

This assistance is limited to catching and holding animals or holding leg ropes.

Emergency Services: If emergent circumstances cause the need for farrier services, for example a thrown shoe, the contractor will make efforts to schedule an appointment in a timely fashion, within 7 working days of request.

Rescheduling: If an appointment must be rescheduled, a minimum of 24 hours’ notice is required. The contractor will then have 7 business days (Monday – Thursday) to make up the missed appointment.

Missed appointments: A maximum of one missed appointment per contract year will be allowed, given the contractor gave the required 24 hours’ notice of the need to reschedule

Rescheduling of more than one appointment per contract year (Aug 1st-July 31st) could result in a termination for default.

Contractor Furnished Critical Items and Services –

Timeliness: The contractor shall arrive promptly at the scheduled appointment time. A minimum of an hour notice is required for lateness.

Outline of Services: The contractor shall furnish all labor, equipment, materials, supplies, supervision, transportation, employee training and incidentals, necessary to perform farrier services in accordance with the terms, conditions, and specifications herein and comply with federal or state Occupational Safety and Health Standards and fire regulations.

Contractor Property: The government is not responsible for any item of Contractor’s equipment which may be lost, damaged or stolen. The Contractor shall tag or otherwise clearly mark all contractor owned equipment for identification.

Handling of Stock: Farriers must be capable of safe and humane handling of stock including "hard to handle" horses or mules that may have not been shod before. The contractor has the right/ability to restrain animal if the situation dictates. The first manner of restraining that will be used is a foot rope. If the animal persists and is still difficult, scotch hobbles can be an option. If the animal persists then a sedative can be given (Dormosedan) under the close supervision of the Government Technical Monitor, (GTM) – Max Heinz, Wenatchee River Ranger District, (WRRD)

Prohibited Practices: There will be no lip chains or twitches used unless absolutely necessary and under close supervision of the Government Technical Monitor , GTM, Max Heinz, Wenatchee River Ranger District. (WRRD)

Protection of Government Property

The Contractor shall use reasonable care to avoid any harm or damage to Government livestock. If the Contractor’s failure to use reasonable care causes harm or damage to any livestock, the Contractor shall be liable for the cost, which may be deducted from the contract price. If injury occurs at contractor negligence, Contractor will be responsible for any bill resulting for the livestock care.

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location

Contract Period of Performance:

August 1, 2022 – July 31, 2023 for the Base year August 1, 2023 – July 31, 2024 for Option year 1 August 1, 2024 – July 31, 2025 for Option year 2 August 1, 2025 – July 31, 2026 for Option year 3 August 1, 2026 – July 31, 2027 for Option year 4

Anticipated Service Dates

Service Locations

The stock resides in two locations. Within the Wenatchee River Ranger District and in Carlton Washington. The contractor will be expected to provide services at either location dependent upon where the stock is located at the time services are to be provided. The contractor will be notified of the service location at the time of scheduling.

Wenatchee River Ranger District Address:

Wenatchee River Ranger District, (WRRD) FS Rd 7701-111 Old Barn Rd Leavenworth, Washington 98826

Carlton Washington Address:

Cascade Wilderness Outfitters

Pay Item and Estimated Date Service Item 1 - Mid March Trim Item 2 - Mid May Trim Item 3- Mid May Shoe Item 4 – Late June Shoe Item 5 – Late August Pull and Trim Item 6 – Late August Shoe Item 7- Late October Pull and Trim Item 8- Late October Trim

12 Vinten Road Carlton, Washington 98814

Contracting Officer Representative (COR)

A COR will be assigned to this contract to monitor all technical aspects and assist in contract administration. The COR may be authorized to perform the following functions: Assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communication with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements (without increasing or decreasing contract scope); monitor Contractor's performance and notify both the CO and Contractor of deficiencies. The COR is not authorized to change any of the terms and conditions of the contract or any task order.

Government Technical Monitor

The Government Technical monitor (GTM) will be appointed at time of award. The GTM’s overall responsibility is to assist the contracting officer (CO) and Contracting Officer Representative (COR) as an inspector to monitor contractor performance.

Government Quality Assurance - Government Inspection -

The Government has the right to inspect all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections in a manner that will not unduly delay the work. The contractor or a designated representative is encouraged to be on hand when Government inspections are being made.

Acceptance

Final acceptance will be determined by a 100 percent visual inspection of the stock requiring service and will be based on adherence to the requirements stated. Nonconformance with any of the specifications will classify the treatment as unsatisfactory and rework will be required to bring the treatment up to specifications standards at no increase in contract amount.

When the defects in services cannot be corrected by re-performance, the Government may-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may--

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

Payment

Contractor shall submit an invoice after each service. The contractor must submit the invoice electronically via the Governments Payment Processing Platform (www.ipp.gov) and include at a minimum:

• Date of Services

• Contract number

• Number of animals serviced

• Services provided (trim, shoe)

When Services are accepted the Invoice will be approved in IPP by the Contracting Officer Representative (COR) designated at time of award and then final approval by the Contracting Officer(CO). Once the invoice is final approved, it takes approximately 3 weeks to receive payment.

Payment will be made by electronic funds transfer to the contractor’s financial establishment listed in their System for Award Management (SAM). The Government will follow the Prompt Payment Act guidelines when processing the payment.

http://www.ipp.gov/

Attachments:

Description Pages

Experience Questionnaire 2

Map Okanogan-Wenatchee NF 1

USDA Forest Service

EXPERIENCE QUESTIONNAIRE

(Ref. FSH 6309.31 and 41 USC 11)

Instructions: See Box 11, remarks, if extra space is needed to answer any of them below.

Mark “X” in appropriate boxes.

1. CONTRACTOR NAME, ADDRESS AND TELEPHONE NUMBER

2. SUBMITTED TO (Office Name and Address)

3. BUSINESS

[ ] Company [ ] Co-partnership [ ] Corporation [ ] Individual [ ] Non-profit Organization

4. How Many years do you or your firm have in the line of work contemplated by this solicitation?

5. How many years experience in contracting have you or your business had as a (a) prime contractor_____ and/or (b) subcontractor_____

6. List below the projects your business has completed within the last three years.

CONTRACT

AMOUNT TYPE OF PROJECT

DATE

COMPLETED

NAME, ADDRESS AND TELEPHONE NO. OF OWNER/PERSON TO

CONTACT FOR PROJECT INFORMATION

7. List below all of your firm’s contractual commitments running concurrently with the work contemplated by this solicitation:

CONTRACT

AMOUNT

DOLLAR AMT.

OF AWARD

NAME, ADDRESS AND TELEPONE NO. OF

BUSINESS/GOVERNMENT AGENCY INVOLVED

AWARDED

(UNITS)

PERCENT

COMPLETED

DATE

CONTRACT

COMPLETED

8a. Have you ever failed to complete any work awarded to you? [ ] Yes [ ] No 8b. Has work ever been completed by performance bond? [ ] Yes [ ] No

* If “Yes” to either 8a or 8b specify location(s) and reason(s) why:

Attachment 1

9. Organization and work that will be available for this project:

a. (1) Minimum number of employees______ and a (2) Maximum number of employees_______

b. Are employee regularly on you payroll: [ ] Yes [ ] No

c. Specify equipment available for this contract:_________________________________________________________________________

d. Estimated rate of progress below ( such as 20 acres/man/day):

(1) Minimum progress rate:___________ and (2) Maximum progress rate___________

10. List below the experience of the principle individuals of your business:

11. REMARKS - SPECIFY BOX NUMBERS

(Attach sheets if extra space is needed to fully answer any above questions:)

CERTIFICATION 12a. CERTIFYING OFFICAL’S NAME AND TITLE

I certify that all of the statements made by me are complete and correct to the best of my knowledge and that any persons named as references are authorized to furnish the Forest Service with any information needed to verify my capability to perform this project.

b. SIGNATURE (Sign in ink) 13. DATE

Okanogan Wenatchee National Forest

Attachment 2

(viii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (NOV 2021) (Provision)

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

At a minimum, the quote must clearly provide the following:

1. Schedule of Items (Pages 1-3).

Quoter Information (Page 4)

2. FAR 52.204-24 Reps and Certs (Page 24-27).

4. Information Outlined in FAR 52.212-2 Evaluation (Page 14-15)

5. FAR 52.212-3 (b) (Page 27)

6. Attachment 1 Experience and Equipment Questionnaire (Page 11-12)

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

2) Submit offers by email to mindy.hickman@usda.gov so that it is delivered into this inbox by the due date and time. Quote must be Microsoft word or Adobe PDF format.

3) Address questions about this solicitation to the contract specialist listed in section(xvi).

(ix) 52.212-2 Evaluation – Commercial Products and Commercial Services

(NOV 2021)

(a) The Government will award a single firm-fixed priced 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:

Factor #1 Technical Capability: Quote must provide the following:

• Written submission addressing how quoter will meet the needs of this requirement. Relative years of experience as a professional farrier fully outlining the capabilites and methodology to provide the ervices required.

While not required, ten plus years of professional farrier experience is preferred.

• Include any Farrier certifications obtained and specialties.

• When and where professional training was received.

Factor #2 Past Performance: Quoter will be evaluated on their recent (past 3 years) performance of relevant requirements. Quoter must provide:

• Previous work experience with a rating of acceptable/satisfactory or higher for same or similar services required in this contract performed for private, state or federal clients. Information on problems and quoters corrective action may also be provided.

• The quoter must provide three references for past performance, including any proposed subcontractor. References should include:

https://www.sam.gov/SAM/ mailto:mindy.hickman@usda.gov

• Contact name, phone number, email, and a description of the services provided.

• The past performance should indicate successes of the contractor in completing/meeting performance requirements and customer satisfaction as well as address any problems.

The Government may also use past performance information obtained from other than the sources identified by the offeror. Information obtained from the Past Performance Information Retrieval System (CPARS) database located at http//www.cpars.gov is one of the sources that will be utilized. CPARS functions as the central warehouse for performance assessment reports received from several Federal performance information collection systems.

No Past Performance available: In accordance with FAR 15.305 (a)(2)(iv)), in the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability,“ unknown” will be considered “acceptable.”

Factor # 3 Price – A comparison of quote pricing received in response the the RFQ will be made and compared against the Governments Independent Cost Estimate to determine fair and reasonable pricing in accordance with the Firm-Fixed Price nature of this acquisition action. Award will be made to quoter whose quote conforming to the specifications of this solicitation represents the best value to the Government.

• Pricing must be provided using the schedule of item in this RFQ and include pricing for Base and all option years.

(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) Notice of Award: 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.

(xi) 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.

(xii) 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 of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.

3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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

☐ (5) [Reserved].

☐ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section

743 of Div. C).

☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

☐ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15

U.S.C.657a).

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

Concerns (Sep 2021) 15 U.S.C. 657a).

☐ (13) [Reserved] ☒ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

☐ (ii) Alternate I (Mar 2020) of 52.219-6.

☐ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

☐ (ii) Alternate I (Mar 2020) of 52.219-7.

☐ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

(3)).

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)).

☐ (ii) Alternate I (Nov 2016) of 52.219-9.

☐ (iii) Alternate II (Nov 2016) of 52.219-9.

☐ (iv) Alternate III (Jun 2020) of 52.219-9.

☐ (v) Alternate IV (Sep 2021) of 52.219-9.

☐ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

☐ (ii) Alternate I (MAR 2020) of 52.219-13

☐ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C.637s) [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

☐ (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).

(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.

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

(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.

(xiii) Additional Requirements/Terms and Conditions:

Clauses:

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

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 before the end of the contract period.

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 the end of the contract period provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b)If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c)The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

52.232-18 Availability of Funds (APR 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV

2021) (DEVIATION APR 2020) (31 USC 3903 and 10 USC 2307)

52.242-17 Government Delay of Work (APR 1984)

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:

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

52.252-6 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.

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

Provisions:

52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

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).

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to provisions may be viewed at:

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

52.252-5 Authorized Deviations in Provisions (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Agriculture Acquisition Regulation (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

For sole source-awards for WOSB or EDWOSB concerns eligible under the WOSB program: “A concern must already be certified at the time of submission of the offer. Any award resulting from this solicitation will be made to a WOSB or EDWOSB concern designated as certified as a WOSB concern eligible under the WOSB program or EDWOSB concern in the DSBS at https://web.sba.gov/pro-net/search/dsp_dsbs.cfm. The WOSB and EDWOSB representations completed in response to FAR provisions 52.212- 3, 52.219-1, or 52.219-28 will not be used for this award.”

https://www.acquisition.gov/content/17206-evaluation#i1103099 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

(xiv) Representations and Certifications (complete and return with your offer)

52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered

VENDOR NAME: __________________________________

VENDOR UEI: ___________________

telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It ☐ will, ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2022) (DEVIATION JUL 2020) (Provision)

[If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and

Certifications-Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:]

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.