RFQ 1240BE24Q0051.pdf

Solicitation Number: 1240BE24Q0051

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation, 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 RFP. (Request for Proposal (RFQ)).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-02.

(iv) This procurement is set aside for Total Small Business. The NAICS code is 113210 and the Small Business Size Standard is $12.0.

(v) Schedule of Items

Project Description:

Vendor Name: __________________________________Vendor UEI:___________________

Item Supplies/Services 0001 Container Seedling Production

2024, USFS Oregon and Washington

Schedule Notes:

Period of Performance: Anticipated award date of May 1, 2024, to April 30, 2029.

This requirement may be awarded for more than one (1) Firm Fixed Price Commercial Supplies Blanket Purchase Agreement (BPA) for production of Container Seedlings for 2024 Oregon.

More than one award may be issued depending on vendor quantity availability. Vendors will note the available quantity of each of the items that they are able to provide.

(vi) Description of Requirement

General Information

1.0 Scope of Work

The Contractor shall produce greenhouse- grown containerized seedlings as listed in each order in compliance with the terms, specifications, conditions, and clauses contained herein.

2.0 Background

This requirement establishes multiple BPA’s in which orders may be awarded against for production of Containerized Conifer Seedlings. More than one call may be issued depending on vendor quantity availability. Vendors will note the available quantity of each of the items that they are able to provide.

Contractor Requirements

3.0 Technical Requirements / Tasks

3.1 CONTRACTOR FURNISHED PROPERTY AND SERVICES

3.1.1 The Contractor shall provide all necessary records, tools, equipment, labor, materials, laboratory tests, and perform accepted horticultural practices currently in use in the seedling nursery industry necessary to produce high-quality seedlings, including watering, protective fencing, weeding and fertilizing the seedlings, and the application of herbicides, fungicides, and insecticides, to control and prevent weeds, pathogens, rodents and insects as meet standards of Oregon Department of Agriculture.

3.1.2 Seedling Conditioning (Container Items) -Final shipping dates requested will be determined within each call. To meet specific delivery dates, desired caliper size and stem lignification for seedlings requested for fall planting, seedlings shall be induced to set bud early for seedlings scheduled for fall plant. This may be achieved thru industry standard practices such as the use of “black-out” cloth to shorten photoperiod, or the use of moderate moisture stress, fertilizer changes and/or exposure to ambient air temperatures.

3.1.3 Fertilizer Incorporation (Container Items) – If slow-release fertilizer incorporation is utilized, rooting medium shall be constantly monitored for salinity. Immediate corrective action to prevent root damage must be taken if salinity thresholds are exceeded.

3.1.4 Delivery - The anticipated delivery date, and delivery point to which seedlings must be delivered will be specified in each call placed. Price per loaded mile listed on the Contractor’s price proposal will be applied to each load or partial load requested for shipping by the Vendor. All seedlings shall be delivered via enclosed, refrigerated trailers capable of maintaining temperatures of 40 degrees Fahrenheit (F) for fall planted seedlings, and 33 - 35 degrees F for seedlings ordered for winter delivery and spring planting.

3.1 SEED SUPPLY

3.1.1 The Contractor shall determine the quantity of seed needed to produce the required number of seedlings in each Item awarded, based on information to be provided in each order.

The maximum pounds of seed to be provided by the Government for individual seed lots can be estimated as follows:

Seed Required in lbs. = T x O x W x G S x P

T = total order (number of seedlings) Germ. Rate Seed/Ce ll O = oversow for falldown 1.15 (15%) 55 - 64% 4.0-3.6 W = seed waste factor 1.1 (10%) 65 - 74% 3.5-3.1

S = seeds per pound 75 - 84% 3.0-2.6 G - seed per cell (depending on germ.

rate)

85 - 94% 2.5-2.1

P = purity factor (1.0) 95 -100% 2.0-1.6

3.1.1 The quantity of seed determined to be needed by the

Contractor shall be subject to approval by the CO for both Standard and Improved Seed Sowing. Deadline for this information being given to the CO is ten days after Contractor receipt of the order with Tree Seedling Schedule with seed attributes filled in.

3.1.2 The Government will provide and deliver seed identified by lot number to the Contractor's nursery site not later than two weeks following the determination of seed quantity notification.

3.2 SEEDLING LOT IDENTIFICATION, INVENTORY AND

RECORDATION

3.2.1 Seedling Lot Identification

A. Seed lot identity must be maintained through the stratification treatment, sowing, all stages of seedling growth, lifting and shipping stages. The standard Forest Service (FS) seed lot codes and district name shown on the individual Order shall be included in the identification.

B. Sowing Table/Bed Identification - Contractor shall identify each table/bed or portion of a table/bed of seedlings with a bed marker using the correct FS seed source code from labels on seed lots delivered by the Government, or a nursery identification number referenced to the BLM or FS seed lot code.

a) Begin and end flags to distinguish lots

b) Seedling lot map

3.2.2 Inventories and Records - Provide the Government with

inventories of stock on hand in accordance with the following specifications and schedule.

A. The inventory sample size shall be large enough to provide for a +10 percent standard error with a 95% confidence level.

B. Inventories shall include the following information:

a) Contract number and order number

b) FS seed lot identification

c) Nursery seed lot identification

d) Number ordered (M seedlings) by lot

e) Number of containers sown by lot

f) Gross and net seedlings per lot

g) Mean height (inches) *

h) Mean caliper (MM) *

3.2.2.B.h.1.1 *Items to be included with the final inventory due in October.

3.2.3 Containerized Seedling Inventory Schedule:

A. Current inventory by June of the calendar year in which sowing occurs, of live healthy seedlings (gross inventory) and those projected to meet contract specifications (projected net inventory).

B. Current and complete inventory, by October of the calendar year in which sowing occurs, of projected shippable seedlings meeting contract specifications.

C. For spring orders, the Government may request another inventory prior to packing.

3.2.4 Records - The Contractor shall maintain and provide to the Government, upon request, a current record by dates, listing cultural work undertaken for this contract. Such records shall include date of seed stratification, sowing amounts, and dates of fertilization, fungicide treatments, herbicide treatments, root culturing, watering schedule, moisture stress measurements, electrical conductivity (EC) tests, and lifting dates.

3.3 MEASUREMENTS AND STANDARDS

3.3.1 Seedling Measurement Standards

A. Stem and Lateral Branches - Seedlings shall be of good quality as evidenced by dark green color, firm- dark brown buds, absences of root, stem or top deformity, mechanical damage, disease, mold, insect or animal damage, and absences of chlorotic or short abnormal “bottlebrush” needles. All gradable (seedlings meeting specifications) and shippable seedlings shall have the top capable of maximum photosynthesis. All defects lessening the vigor and predictability of a tree to survive and grow, shall be classed as a cull.

3.3.2 Height

A. Height will be measured from the cotyledon scar to the tip of the terminal bud to the nearest inch.

B. Approximately 3-inch top

3.3.3 Root

A. Roots - The roots should form a cohesive plug when extracted. The root mass and soil media shall remain intact when pulled out of the cavity and remain intact during normal handling associated with sorting and packaging operations. The seedling must be capable of being withdrawn from the container without being damaged.

B. Dependent on cell size C. Point of reference for measuring root length commences at the cotyledon scar.

D. Shoot: Root ratio – 1 to 2.5 Defined: the ratio of the dry mass or volume of the shoot to the dry mass or volume of the root system and provides an indicator of the “balance” of the plant. When the shoot:root is “1” the size of the root mass equals the size of the shoot mass. More often, however, the ratio is greater than 1 because the shoot often outweighs the root system.

Shoot-to-root ratios less than 2.5 are usually deemed most desirable.

3.3.4 Caliper

A. Stem caliper will be measured at a point 2.0 mm below the cotyledon scar. Stem will be measured where the stem is round. No measurement will be taken at an interval swelling.

B. Target caliper will be designated in each order.

3.4 CONTAINER SPECIFICATIONS AND STANDARDS

3.4.1 Container Specifications will be designated on each order.

3.4.2 Container sanitization practices will be in line with Oregon

Department of Agriculture’s Phytosanitary practices.

Recommendations can be found at:

https://extension.oregonstate.edu/pub/em- 9330#Sanitation%20approaches%20for%20containers,%20t ools,%20potting%20media%20and%20soil

3.5 LIFTING, PACKAGING AND MARKING

3.5.1 Container Seedlings

A. Seedlings shall not be packed until conditioned for storage based on accumulation of chilling hours and hardiness testing.

B. Seedlings shall be fully watered and treated with a fungicide to prevent storage molding. This should occur a maximum of five days before packaging.

C. Only one lot should be lifted at a time.

D. Seedlings shall be pulled from containers for packaging and wrapped with plastic in bundles of 4 to 10 seedlings each.

3.5.2 No more than 250 seedlings shall be packed in any one box, or the box weight may not exceed 40 lbs, whichever is less.

3.5.3 All seedlings shall be packaged in boxes meeting the

following specifications A. Style: Waterproofed fiberboard. Full overlap top and https://extension.oregonstate.edu/pub/em-9330#Sanitation%20approaches%20for%20containers,%20tools,%20potting%20media%20and%20soil https://extension.oregonstate.edu/pub/em-9330#Sanitation%20approaches%20for%20containers,%20tools,%20potting%20media%20and%20soil https://extension.oregonstate.edu/pub/em-9330#Sanitation%20approaches%20for%20containers,%20tools,%20potting%20media%20and%20soil bottom, without hand holes. If hand holes are present, boxes must be lined with plastic bags or other suitable material to prevent moisture loss or drying while in cold or freezer storage.

B. Joint: Stitched, glued, or stapled joints are acceptable.

C. Size: Maximum of 16" in height so that boxes are storable on existing Forest Service racks.

3.5.4 All containers shall be labeled on one or more sides or ends.

The label shall contain the number of seedlings per container, seed lot number, species, elevation band, date packed, and nursery name. The species and elevation band shall be large font and at the top of the label. Containers shall be closed in a secure manner by banding, taping, or stapling. Self-locking and/or folding tops are permissible.

3.5.5 A packing sheet should be included with lot information and average seedling specifications for each lot.

3.6 STORAGE

3.6.1 Packed seedlings must be placed promptly into cold/freezer storage facilities and inside box/bag temperature maintained at 33-35 degrees F. Trees shall be kept at a temperature of 33- 35 degrees F and 80 percent or higher relative humidity throughout the storage period.

3.6.2 Boxes shall be arranged in such a manner as to prevent

crushing, smothering, heating, or other physical damage.

3.6.3 Provide cold/freezer storage for a maximum of seven days after packaging containerized trees.

3.6.4 Extended cold storage at the nursery beyond the maximum timeframe listed above may be charged according to the price in each call order.

4.0 The Government will notify the Contractor at least seven days prior to the planned date of pickup or delivery. This order may be made by telephone or in writing. The seven-day delivery date requirement will begin at the time of the order. The order will specify, by lot, seedling quantities, and the date seedlings are to be delivered or picked up.

4.1 Government Furnished Seed - On most Orders, the Government will provide non-stratified seed to the Contractor. Upon award of each Order, the Government will issue seed to the Contractor in quantities adequate to meet the requirements.

4.2 The Government will provide the following information (as available) on all seed lots included in each Order: germination percent, number of seeds per pound, purity percent, species, seed zone and elevation, year of collection and year tested.

5.0 Deliverables / Schedule

5.1 DELIVERY

5.1.1 All seedlings may be required for delivery to destination

F.O.B by the Contractor to destination points as shown on each Order. If the Government requests Contractor delivery, the Government will reimburse the Contractor on loaded mile basis according to the pricing furnished by the Contractor.

Deliveries shall be made between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, excluding official federal holidays and shall be scheduled with the CO a minimum of two business days prior to delivery.

5.1.2 The Government may elect to pick up seedlings at the

Contractor’s storage facility. If the Government elects to pick up seedlings at the Contractor’s storage facility, the Contractor will furnish a forklift and personnel to load the Government trailer.

5.1.3 Contractor deliveries shall be made by refrigerated truck or trailer. Temperatures within the seedling boxes inside the shipping container shall be maintained between 33° and 35° F or as designated by COR.

5.1.4 Boxes shall be arranged in such a manner as to prevent

crushing, smothering, heating or other physical damage.

5.1.5 Contractor shall prepare and provide to the driver of the Government truck, or FS receiving clerks, a nursery shipping ticket when seedlings are loaded or delivered. The shipping ticket shall contain the contract number, seed lot number(s), number of boxes, number of seedlings per box, and total number of seedlings per seed lot.

5.1.6 The Contractor shall be responsible for all seedlings produced for the Government, until the seedlings are delivered to or picked up by the Government.

5.2 ACCEPTANCE

5.2.1 Acceptance by the Contracting Officer’s Representative

(COR) of workmanship and individual seedlings shall be final.

5.2.2 Acceptance of work will be determined by the Contractor's compliance with terms, specifications, and workmanship required by this contract as observed by COR and determined by an inspection or test made at the nursery site, except as herein provided below.

5.2.3 Upon receipt of written notice from the COR that seedlings delivered do not meet contract standards and specifications, the Contractor shall within five days regrade any seedling lots found to be defective. The Contractor shall pay all costs involved, including labor and shipping.

5.2.4 If the Contractor fails or refuses to correct defective seedlings within five days or a longer period as the CO may designate the Government will reject the seedlings or accept them in accordance with FAR clause 52.212-4(a) at an equitably reduced price.

5.3 MEASUREMENT AND PAYMENT

5.3.1 Measurement for payment will be made on the number of

thousand acceptable live seedlings. Payments will be made for the actual quantity requested or delivered up to the quantities shown in the Order. See Section 10 for information regarding overages/surplus seedlings.

5.3.2 Payment

A. After seed is stratified, sown, and germination is complete and the majority of seedlings have reached one inch in height, the Contractor may submit an inventory and invoice for partial payment in the amount of 25% of the unit price.

B. Upon receipt and acceptance of the inventory of live healthy seedlings the contractor may submit an invoice for a partial payment in the amount of 25% of the unit price times the actual number of live healthy seedlings in the inventory, not to exceed the quantities stated in the Order.

C. Upon receipt and acceptance of the June annual inventory (after thinning, if necessary) the contractor may submit an invoice for a second partial payment in the amount of 50% of the unit price times the actual number of live healthy seedlings in the inventory, up to the quantity listed in the Order, less payment 1.

D. Upon receipt and acceptance of the October annual inventory of shippable seedlings meeting contract specifications, the contractor may submit an invoice for a third partial payment in the amount of 75% of the unit price times the actual number of live, healthy seedlings in the inventory, up to the quantity listed in the Order, less payments 1 and 2.

E. When all seedlings have been picked up by the Government and/or delivered by the Contractor, final payment will be made for actual number of seedlings accepted up to the quantity listed in the Order, less payments 1, 2, and 3. Contractor shall include shipping and cold storage costs in this invoice.

F. If the final payment for total acceptable live seedlings is less than the combined total of partial payments 1, 2, and 3, the Contractor will reimburse the Government for any overpayment.

G.

5.4 SURPLUS SEEDLINGS

5.4.1 If the contractor produces seedlings in excess of the quantities specified, then the contractor will offer the excess seedlings to the Government. The Government will have the first opportunity to purchase all additional seedlings at the contract price.

5.4.2 If not requested within 30 days of October inventory, the Contractor may retain or sell additional seedlings, without compensation to the Government.

5.4.3 Seedlings produced in excess of the quantities requested by the Government in the Order, (i.e., overruns in requested production) which are not sold will be disposed of at the Contractor’s expense or may be sold by the Contractor without further compensation to the Government.

5.5 PERFORMANCE TIME

5.5.1 The period of performance for each order will be from

issuance to completion of delivery, not to exceed 450 days for all items

5.5.2 The following dates are deadlines set out in the other parts of this contract:

A. June 1 of each year - Provide COR with Seedling

Inventories B. October 1 of each year - Provide COR with Seedling

Inventories

6.0 Contractor’s Key Personnel

6.1 Contractor shall provide adequate work force to provide for orderly completion of the work within the contract performance time. At a minimum, the workforce must be able to complete a schedule that must reflects a work progress rate equal to the available amount of contract performance time.

7.0 The Government will notify the Contractor at least seven days prior to the planned date of pickup or delivery. This order may be made by telephone or in writing. The seven-day delivery date requirement will begin at the time of the order.

The order will specify, by lot, seedling quantities, and the date seedlings are to be delivered or picked up.

7.1 Government Furnished Seed - On most Orders, the Government will provide non-stratified seed to the Contractor. Upon award of each Order, the Government will issue seed to the Contractor in quantities adequate to meet the requirements.

7.2 The Government will provide the following information (as available) on all seed lots included in each Order: germination percent, number of seeds per pound, purity percent, species, seed zone and elevation, year of collection and year tested.

8.0 SCHEDULE OF ITEMS

Offerors should develop their business proposals for the work described in the scope of work and the instructions in FAR 52.212-2. Prices for supplies are not included in the Schedule of Items but required for a particular call order will be negotiated prior to issuance of a call order.

The intent is to issue approximately 5 master BPAs. Each BPA shall be valid for up to a period of five years. Total value of all master BPA will not exceed $7.5 Million.

9.0 CALL ORDERS

The contractor shall prepare price quote in the manner requested by the individual call orders. It is the intent of this solicitation to have firm fixed pricing for the projects listed in the call orders whenever possible. Call order requests may require the contractor to submit prices.

10.0 CALL ORDER COMPETITION

All call orders awarded as a result of this solicitation shall be awarded using procedures appropriate to the individual projects to be accomplished. This shall be done by considering the size, complexity, location and urgency of the project. The contracting officer may exercise broad discretion in developing appropriate order placement procedures. Contracting officers will keep submission requirements to a minimum and may use streamlined procedures, including oral presentations. The contracting officer will ensure that each awardee is provided fair opportunity and consideration for each order.

Call Order Issuance: Call orders may be issued verbally, by facsimile, or by electronic commerce methods. Verbal call orders will be backed up by a written order. Warranted Forest Service Contracting Officers are authorized to place call orders against this agreement within their delegated warrant authority.

(a) Proposed Call Orders will be issued during the performance period of this contract as outlined in FAR 52.216-18. The Contracting Officer’s (CO) decision to issue an order to a particular awardee will be based on the criteria stated below.

(b) Selection Criteria for Awarding Call Order:

The Government will evaluate the call order quotes against stated selection criteria, of which price will always be a factor. Additional information for technical approach, quality control plan and a safety plan not previously submitted may be requested and evaluated prior to awarding call orders. Single or multiple awards may be made for individual task orders, as specified on the task order.

(c) Process:

A warranted Forest Service Contracting Officer must issue all Call Orders. When supplies/services are required, a proposed call will be sent to each qualified Contractor. If a Fair Opportunity Exception applies, the task order quote request will be issued to one contractor. Each task order request will include the required due date, specific instructions for the submission for quotes, the selection criteria factors, and other information deemed appropriate.

11.0 PAYMENT

Will be made per BPA call completion by Electronic Fund Transfer (EFT) in the Invoice Platform Process system (IPP). *EFT takes about 20 days after invoice inputted/approved.

12.0 EXTENT OF OBLIGATION

A statement that the Government is obligated only to the extent of authorized purchases actually made under the BPA.

13.0 DELIVERY TICKETS

A requirement that all shipments under the agreement, except those for newspapers, magazines, or other periodicals, shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

(i) Name of supplier.

(ii) BPA number.

(iii) Date of purchase.

(iv) Purchase number.

(v) Itemized list of supplies or services furnished.

(vi) Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

(vii) Date of delivery or shipment.

14.0 INVOICES

A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets.

(viii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023) (Provision)

Addenda to provision 52.212-1:

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 proposal and contractor representations and certifications.

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

i) Technical Capability – Provide a capability proposal that addresses the needs outlined in the statement of work.

b) Representations and Certifications – Fill in the check boxes for provisions 52.204-24, 52.204-29, 52.212-3, and Employment of Eligible Workers-Workforce Certification found in paragraph x of this solicitation and include a copy with your offer.

3) Submit offer by email to darnell.williams@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 2 separate attachments (Technical Proposal and Representations and Certifications) in Microsoft Word, Excel, 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 offer from Darnell Williams.

4) Address questions about this solicitation to Darnell Williams at darnell.williams@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 52.212-1 (f)(2)(i) paragraphs A, B, & C.

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

(ix) 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. The following factors shall be used to evaluate offers:

1. Technical Capability

a) Capabilities Statement

b) Past Work Record and Performance

c) List Concurrent Contracts (if any)

2. Availability

(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.

(x) Representations and Certifications (complete highlighted items in this section and return with your offer)

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Provision)

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 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.

52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (Dec 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

https://www.acquisition.gov/far/part-52#unique_629880050

(c) Procedures.

(1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

https://www.sam.gov/ https://www.acquisition.gov/far/part-4#FAR_4_2303

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

52.209-7 Information Regarding Responsibility Matters (OCT 2018) )(Provision)

(a)Definitions. As used in this provision—

Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b)The offeror ☐ has ☐does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c)If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i)In a criminal proceeding, a conviction.

(ii)In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii)In an administrative proceeding, a finding of fault and liability that results in–

(A)The payment of a monetary fine or penalty of $5,000 or more; or

(B)The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv)In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d)The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov. See 52.204-7.

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (NOV 2023) (DEVIATION NOV 2022) (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) https://www.sam.gov/ file:///C:%5CUsers%5Cmelissaajohnson%5CDownloads%5C(DEVIATION%20NOV%202022)%20%E2%80%93%20Offerors%20that%20are%20representing%20as%20joint%20ventures%20should%20submit%20their%20socio-economic%20status%20in%20the%20space%20provided%20above%20until%20such%20time%20that%20SAM.gov%20has%20been%20updated%20to%20include%20the%20joint%20venture%20representations%20contained%20within http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 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. Write “None” if there are no changes needed to your online reps and certs.

DEVIATION NOV 2022] Offerors that are representing as joint ventures should submit their socio-economic status in the space provided above until such time that SAM.gov has been updated to include the joint venture representations contained within provision 52.212-3 paragraph (c).

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on

SAM.]

(xi) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2023)

Addenda to 52.212-4:

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (DEC 2023)[DEVIATION JAN 2024]

(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 Covered Entities (Dec 2023) (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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) (31 U.S.C.3903 and 10 U.S.C. 3801)

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876 https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

(7) 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 (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

☐ (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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (Whistleblower Guidance to Contractor Employees)

☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (6) [Reserved].

☐ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

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

☒ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

Division R of Pub. L. 117-328).

☐ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders – Federal Supply

Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts (Dec 2023) (Pub. L. 115-390)

☐ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition. (Dec 2023) (Pub. L. 115-390, title II) ☐ (ii) Alternate I (Dec 2023) of 52.204-30.

☒ (12) 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).

☒ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (14) [Reserved].

☐ (15) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15

U.S.C.657a).

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

Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (17) [Reserved] ☒ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK

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

☐ (19) (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.

☒ (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and

(3)).

☐ (21) (i) 52.219-9, Small Business Subcontracting Plan…