1240BK24Q0055 Fremont Winema NF HVAC Cleaning and Inspection Service.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

40BK

PORTLAND OR 97204-2829

STE 310

1220 SW 3RD AVE

USDA-FS CSA NORTHWEST 1

04U3 CODE 16. ADMINISTERED BYCODE

X

X

X

333415

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR40BK

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

04/24/2024 1700 PT

04/03/2024

458-212-6064JARED MACHGAN

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1240BK24Q0055

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 41 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

KLAMATH FALLS OR 97601

2819 DAHLIA STREET

FREMONT-WINEMA NF KLAMATH FALLS

USDA FOREST SERVICE

15. DELIVER TO

PORTLAND OR 97204-2829

STE 310

1220 SW 3RD AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,250

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

USDA-FS CSA NORTHWEST 1

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

HVAC Inspection and Cleaning Service

a) Items labeled as optional are not required to be exercised by the government.

If exercised, the contractor will be required to perform the optional work in accordance with the terms and conditions of this contract.

b) One award will be made from this solicitation, contractors must submit pricing for all items.

c) Contractors must be REGISTERED AND ACTIVE in SAM.gov to be considered for award.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

JARED D. MACHGAN

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

Fremont Winema NF HVAC Cleaning and Inspection Service Solicitation Number: 1240BK24Q0055

(v) Schedule of Items/Price Schedule PART I – THE SCHEDULE

BASE ITEMS: PERIOD OF PERFORMANCE BASE YEAR: 5/1/2024 TO 12/30/2024

ITEM # DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE

0001 Bly Ranger Station each

Spring 2 each

Fall 3 each

0002 Chemult Ranger Station

Spring 2 each

Fall 2 each

0003 Chiloquin Ranger Station

Spring 1 each

Fall 3 each

0004 Paisley Ranger Station

Spring 3 each

Fall 3 each

0005 Silverlake Ranger Station

Spring 2 each

Fall 1 each

0006 Klamath Fall Ranger Station

Spring 2 each

Fall 2 each

0007 Lakeview Ranger Station

Spring 2 each

Fall 2 each

TOTAL BASE ITEMS:

PERIOD OF OPTION YEAR 1: 1/1/2025 TO 12/30/2025

ITEM # DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE

1001 Bly Ranger Station each

Spring 2 each

Fall 3 each

1002 Chemult Ranger Station

Spring 2 each

Fall 2 each

1003 Chiloquin Ranger Station

Spring 1 each

Fall 3 each

1004 Paisley Ranger Station

Spring 3 each

Fall 3 each

1005 Silverlake Ranger Station

Spring 2 each

Fall 1 each

1006 Klamath Fall Ranger Station

Spring 2 each

Fall 2 each

1007 Lakeview Ranger Station

Spring 2 each

Fall 2 each

TOTAL OPTION 1 ITEMS:

PERIOD OF OPTION YEAR 2: 1/1/2026 TO 12/30/2026

ITEM # DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE

2001 Bly Ranger Station each

Spring 2 each

Fall 3 each

2002 Chemult Ranger Station

Spring 2 each

Fall 2 each

2003 Chiloquin Ranger Station

Spring 1 each

Fall 3 each

2004 Paisley Ranger Station

Spring 3 each

Fall 3 each

2005 Silverlake Ranger Station

Spring 2 each

Fall 1 each

2006 Klamath Fall Ranger Station

Spring 2 each

Fall 2 each

2007 Lakeview Ranger Station

Spring 2 each

TOTAL OPTION 2 ITEMS:

PERIOD OF OPTION YEAR 1: 1/1/2025 TO 12/30/2025

ITEM # DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE

3001 Bly Ranger Station each

Spring 2 each

Fall 3 each

3002 Chemult Ranger Station

Spring 2 each

Fall 2 each

3003 Chiloquin Ranger Station

Spring 1 each

Fall 3 each

3004 Paisley Ranger Station

Spring 3 each

Fall 3 each

3005 Silverlake Ranger Station

Spring 2 each

Fall 1 each

3006 Klamath Fall Ranger Station

Spring 2 each

Fall 2 each

3007 Lakeview Ranger Station

Spring 2 each

TOTAL OPTION 3 ITEMS:

PERIOD OF OPTION YEAR 4: 1/1/2028 TO 12/30/2028

ITEM # DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE

4001 Bly Ranger Station each

Spring 2 each

Fall 3 each

4002 Chemult Ranger Station

Spring 2 each

Fall 2 each

4003 Chiloquin Ranger Station

Spring 1 each

Fall 3 each

4004 Paisley Ranger Station

Spring 3 each

Fall 3 each

4005 Silverlake Ranger Station

Spring 2 each

Fall 1 each

4006 Klamath Fall Ranger Station

Spring 2 each

Fall 2 each

4007 Lakeview Ranger Station

Spring 2 each

TOTAL OPTION 4 ITEMS:

Schedule Notes:

a) Items labeled as optional are not required to be exercised by the government. If exercised, the contractor will be required to perform the optional work in accordance with the terms and conditions of this contract.

b) Quantities in the Schedule of Items are based on total number of HVAC systems present at each location.

c) One award will be made from this solicitation, contractors must submit pricing for all items.

d) Address technical questions about this solicitation and schedule a site visit to:

James McLaren

Facilities Engineer Tech

James.McLaren@usda.gov

541-883-6816 mailto:James.McLaren@usda.gov

(vi) Description of Requirement

General Information

1.0 Scope of Work

This is a contract to provide an annual cleaning and inspection of HVAC systems across the

Fremont-Winema National Forest.

2.0 Background

Located in south-central Oregon, the Fremont-Winema National Forest is comprised of seven ranger districts spread out among 2.3 million acres of forests. This contract is to provide annual

HVAC servicing to identified units, including both furnaces and air conditioning units, for Fiscal

Year 2024, with the option to extend the contract for four additional years. The equipment across the forest varies from building to building.

Contractor Requirements

3.0 Technical Requirements / Tasks

• All HVAC servicing is to be performed by a firm who has specialized in heating and air conditioning systems with a minimum of five years of experience. Personnel performing inspections shall be licensed and bonded professionals in the State of

Oregon. Contractor shall ensure that all work complies with applicable zoning requirements, classifications, building codes, rules, and regulations.

• Perform an HVAC servicing inspection of both furnaces and air conditioners consistent with private industry standards, including, but not limited to the following:

Both Cooling and Heating

• Inspect entirety of HVAC system.

• Check and adjust thermostat.

• Replace thermostat battery, annually.

• Test capacitors to ensure correct operation.

• Check ducks for debris, and if present, remove debris.

• Inspect internal parts for broken, chipped, or other damage.

• Tighten mechanical and electrical connections.

• Check system controls.

• Lubricate mechanical systems.

Cooling (Air conditioners, etc.)

• Inspect cooling levels.

• Replace all filters, annually.

• Inspect condenser fan motors and blades.

• Inspect and clean evaporator coil.

• Inspect and clean aluminum fins.

• Inspect and clean condensate drain.

Heating Systems (Furnaces, etc.)

• Clean and adjust blower components.

• Clean and adjust burners.

• Replace all filters, annually.

• Inspect the igniter/pilot light.

• Check the airflow.

• Inspect exhaust outlets, fuel lines, and heat exchangers for leaks and efficiency.

For cleaning or inspections that occur indoors, follow the following:

• Clean any areas where sweeping activities have caused visual contamination.

Minor HVAC System Repairs

• During the annual HVAC servicing, repairs of a minor nature beyond those found in

Section B, such as capacitor replacements, fan motor replacements, etc. may be discovered. In these cases, the Contractor shall provide the Contracting Officer (CO) or the Contracting Officer Representative (COR) with an itemized cost and shall not begin work without the permission of the CO or COR.

o Repairs under $2500 will require Contracting Officer Representative Approval.

o Repairs over $2500 will require Contracting Officers Approval

The minor repairs will be added to the invoice submitted through IPP.gov as a separate line item.

Report

• Provide a written report of HVAC system inspected with a summary of work performed and share any findings regarding needed repairs and/or upgrades.

Items are priced per building at each compound. Some buildings may contain multiple units, others may not. A map of the buildings containing HVAC systems shall be provided by the

Government. Some locations contain only heating systems, some only air conditioning systems, and others both systems. Please refer to maps for specified locations of buildings and list of HVAC system present. Buildings which contain only cooling or only heating systems are only serviced once per year; buildings containing both heating and cooling systems are serviced twice per year. With Contracting Officer’s approval, additional buildings containing HVAC systems can be added to the list. Each site is expected to have two visits per year, one in the

Spring and another in the Fall.

Spring visits for cooling systems and fall visits for heating systems. This will be the case for every location.

For example, Bly Ranger 5 has five systems to be serviced per year. This means that between the two visits there will be a total of 5 inspections done that year for the Bly HVAC systems.

One visit for 2 cooling systems in the spring and a second visit for 3 for heating systems in the

Fall. (Total 5 per year with 2 visits)

4.0 Government Furnished

No government furnished support, data, property, or facilities will be provided for the

Contractor. Contractor will only be allowed to service and inspect equipment during regular working hours, 0800 to 1600, Monday through Thursday. Contractor shall not inspect on

Federal holidays, or other times when access may be restricted.

Contractor shall give the Government a minimum of a 10-day notice, excluding federal holidays and weekend, prior to starting work at any location. Government shall notify occupants of residences prior to any work. Contractor shall work with designated Contracting

Officer Representative to determine best dates for inspections of locations. Contractor shall work with the Contracting Officer Representative to schedule work during the months of April or May for Summer/cooling systems, and October or November for Winter/heating systems of each Fiscal Year. Contractor shall be accompanied by a designated Contracting Officer

Representative or Government Technical Monitor during all service activities and when inside any Government-owned building or structure.

5.0 Deliverables / Schedule

Tasks and Associated Deliverables: Timely submission of deliverables is essential to successful completing this requirement. Schedules for deliverables are specified in ‘Exhibit A: Key Deliverables’. All deliverables shall be prepared and submitted according to format, content, and schedule described in the SOW. All “hard copy” deliverables will be submitted on recycled content paper and printed double-sided.

Exhibit A: Key Deliverables

6.0 Attachments

• Project Maps

• Wage rates

Item No. Deliverable Objective Due

1 Proposed Project Plan Defining the responsibilities, timeline, risks, and milestones of contract objectives.

No later than five (5) business days after contract award

2 HVAC

Servicer’s

Certification

Provide copy of certification of personnel who will be performing inspections of systems, showing conformance with requirements of Section 3.0 (A)

No later than fourteen (14) days prior to starting inspections, annually

3 HVAC Inspection Report Report conditions of each HVAC unit and what work should be done for repair and preventative maintenance of unit. Comply with requirements of Section 3.0(E)

No later than fourteen (14) days after each inspection.

(vii) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial

Services (NOV 2021) (DEVIATION 2017-1)

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

Orders– Commercial Products and Commercial Services (MAY 2022) (DEVIATION 2017-

1, DEVIATION APR 2020, and 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:

☒ (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) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1)

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

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

☐ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

☐ (11) [Reserved].

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

U.S.C.657a).

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

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

☐ (14) [Reserved]

☒ (15) (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.

☐ (16) (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.

☐ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

(3)).

☐ (18) (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.

☐ (19) (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

☐ (20) 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.

☐ (21) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

☐ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep

2021) (15 U.S.C. 657f).

☒ (23) (i) 52.219-28, Post Award Small Business Program Representation (Sep 2021) (15

U.S.C. 632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of 52.219-28.

☐ (24) 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)).

☐ (25) 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)).

☐ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15

U.S.C. 644(r)).

☒ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☒ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022)

(DEVIATION JUL 2020) (E.O.13126).

☒ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222-26.

☒ (32) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (Jul 2014) of 52.222-35.

☒ (33) (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.

☒ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☒ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

☒ (36) (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).

☐ (37) 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.)

☐ (38) (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.)

☐ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (Jun 2016) (E.O. 13693).

☐ (41) (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.

☐ (42) (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.

☐ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

☐ (44) (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.

☒ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun

2020) (E.O. 13513).

☒ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☒ (47) 52.223-21, Foams (Jun 2016) (E.O. 13693).

☒ (48) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

☒ (49) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

☒ (50) (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.

☒ (51) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (52) 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).

☐ (53) 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).

☐ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

☒ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

☐ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (57) 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)).

☐ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☒ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct

2018) (31 U.S.C. 3332).

☐ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C.3332).

☐ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (62) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Nov

2021) (DEVIATION APR 2020) (31 U.S.C.3332).

☐ (63) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (65) (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.

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

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).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR

19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May

2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

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

(Jan 2022).

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

13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)

(42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov

2021) (46 U.S.C. 55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(viii) Additional Requirements/Terms and Conditions:

Clauses:

52.203-3 Gratuities (APR 1984)

52.203-16 Preventing Personal Conflicts of Interest (JUN 2020)

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

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

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)

a) Definitions. As used in this clause–

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the

Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual

(Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

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(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

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 _up to period end date; 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).

52.228-5 Insurance – Work on a Government Installation (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting

Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective-

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of clause)

52.232-18 Availability of Funds (APR 1984)

52.232-19 Availability of Funds for Next Fiscal Year (APR 1984)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.242-14 Suspension of Work (APR 1984)

52.242-17 Government Delay of Work (APR 1984)

52.245-1 Government Property (SEP 2021) Alt 1 (APR 2012)

52.245-9 Use and Charges (APR 2012)

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: Policies & Regulations | USDA

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR

Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.204-70 Modification for Contract Closeout (DEVIATION JUL 2022)

Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:

a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting

Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. Scheduling will be determined by Contractor and Contracting Officer Representative.

452.237-74 Key Personnel (FEB 1988) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations

(a) The Contractor shall assign to this contract the following key personnel: _TBD. _

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the

Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

Provisions:

52.204-7 System for Award Management (OCT 2018)

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

52.217-4 Evaluation of Options Exercised at Time of Contract Award. (June 1988)

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 the total price for the basic requirement together with any option(s) exercised at the time of award.

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).

52.219-31 Notice of Small Business Reserve (MAR 2020)

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) Provisions: https://www.acquisition.gov/browse/index/far

(FAR Provisions begin with 52) Department of Agriculture Acquisition Regulation (AGAR)

Provisions: https://www.acquisition.gov/agar (AGAR Provisions begin with 452)

Deviations to provisions may be viewed at: Policies & Regulations | USDA https://www.acquisition.gov/content/17206-evaluation#i1103099 https://www.acquisition.gov/content/17206-evaluation#i1103099 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations

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

(NOV 2021) (Provision)

Addenda to provision 52.212-1:

For simplified acquisitions, the word quote or quoter is substituted in provision 52.212-1 for the word offer or offeror.

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

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

2) Offers submitted in response to this solicitation shall include a technical proposal and price proposal.

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

At a minimum technical proposal shall include:

i) Past Performance – provide a list of similar projects completed by your firm over the past three years. Include a brief description of the project, dollar amount, year completed, and project owner contact information (name, phone, and email).

The government may use past performance information from any available source. If a company does not have past performance information available, information may be provided for predecessor companies, key personnel, or subcontractors. In the event that there is no past performance information available, the offeror will receive a neutral rating in this factor.

ii) Technical Capability – Provide a list of equipment and key personnel (with qualifications) that will be used to complete this project.

If using a subcontractor, the Offer must provide the Subcontractor’s name, contact information Subcontractor’s past performance information and accreditation along with other solicitation required documentation at the time offer is submitted.

b) Price Proposal – Include the following:

1) completed, signed SF-1449 from Section A of this solicitation,

2) if required acknowledge any amendments issued on sam.gov for this solicitation by completing and signing the posted SF-30

3) Include the completed price schedule contained in Section B of this solicitation.

4) Submit offer by email to Jared Machgan jared.machgan@usda.gov, so that it is delivered into this inbox by the due date and time. Emails should contain 2 separate attachments

(Technical Proposal, Price Proposal) in Microsoft Word or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer from recipient.

IT IS THE OFFERERS RESPONSIBILITY TO SUBMIT THEIR BEST OFFER WITH

ALL REQUIRED DOCUMENTATION. FAILURE TO SUBMIT REQUIRED

INFOMRATION OR TO FOLLOW INSTRUCTIONS WILL RESULT IN OFFERS

SUBMISSION BEING REJECTED.

https://www.sam.gov/SAM/ mailto:jared.machgan@usda.gov

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

(Provision)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

__Price and Technical submissions_____________________

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

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…