1240BK25Q0088.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

04KK CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

% 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

09/10/2025 1500 CT

08/27/2025

TAWANA GREEN

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1240BK25Q0088

5. SOLICITATION NUMBER

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

1 46 1149582OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

JOHN DAY OR 97845

431 PATTERSON BRIDGE ROAD

MALHEUR NATIONAL FOREST

15. DELIVER TO

PORTLAND OR 97204-2829

STE 310

1220 SW 3RD AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$11.5

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 SCHEDULEX

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.

0001 PCRD Bugle Post Treatment Thinning and Fuels 1 EA Reduction - Prairie City Ranger District is securing services for Thinning and Thinning and grapple pile.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

JASON N. TANAMOR

. 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

FAC 2025-04 June 11, 2025

(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 (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

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

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03.

(iv) This procurement is set aside for 100% small business set aside. The NAICS code is 115310 and the Small Business Size Standard is $11.5M.

(v) Schedule of Items/Price Schedule

Project Description: ___________________________________________________________

Vendor Name: __________________________________Vendor UEI:___________________

SCHEDULE OF ITEMS

Craig lavy Prairie City RD, Malheur NF, Thinning Fuels treatment PROJECT

TITLE: PCRD Bugle Post Treatment Thinning and Fuels Reduction

WORKPLAN ACQUISITION PLAN/REQUISITION NO: 1240BK25Q0088

SCHEDULE OF ITEMS

Base Work Items: 10/01/2025 - 11/01/2026

ITEM

NUMBER DESCRIPTION QUANTITY

ORDER UNIT UNIT

PRICE AMOUNT

0001 Bugle unit #3 35 Acres $ $ 0002 Bugle unit #6 56 Acres $ $ 0003 Bugle unit #8 54 Acres $ $ 0004 Bugle unit #138 38 Acres $ $ 0005 Bugle unit #139 60 Acres $ $ 0006 Bugle unit #145 45 Acres $ $ 0007 Bugle unit #266 161 Acres $ $

Total $

Option Work Items: 10/01/2025-11/01/2027

ITEM

NUMBER DESCRIPTION QUANTITY

ORDER UNIT UNIT

PRICE AMOUNT

1001 Bugle unit #84 317 Acres $ $ 2001 Bugle unit #4 31 Acres $ $ 2002 Bugle unit #148 30 Acres $ $ 3001 Bugle unit #173 237 Acres $ $ 4001 Bugle unit #299 181 Acres $ $

Total $

Award anticipated to be a firm fixed price contract.

Schedule Notes:

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

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

Project Title

PCRD Bugle Post Treatment Thinning and Fuels Reduction

General Information

1.0 Background and Purpose

The U.S. Department of Agriculture, Forest Service, Prairie City Ranger District in the Malheur National Forest’s mission is to sustain the health, diversity, and productivity of the nation’s forests and grasslands to meet the needs of present and future generations.

In support of these objectives, the Prairie City Ranger District is securing services for Thinning and Thinning and grapple pile. The services consist of 449 acres. There are also four options, option 1-317 acres thin and grapple, option 2-61 acres of thin and grapple, option 3-237 acres of thinning and grapple, and option 4-181 acres of thinning, with all units and options the total is 1245 acres for thinning and grapple piling all existing within the Elk 16 Project Area. No options are funded at this current time and would be available only if funding is available for Fiscal Year 2026. For specific unit requirements and specifications see the attached Detailed Unit Information Sheet (DUIS).

2.0 Definitions

• Bole – The main stem of a tree from which individual branches radiate

• Bole Canker – A disease of the bark and cambium that causes a well-defined sunken or swollen lesion on the affected tree’s bole.

• Crown – The live green foliage and foliage-supporting branches of a tree.

• DBH – Diameter at Breast Height. The diameter of the bole of a tree, measured at a point 4 ½ feet above ground level on the uphill side of the tree.

• Deficient Tree – A cut tree which should have been left to meet density/spacing requirements.

• Excess Tree – Includes any of the following:

o Trees not needed to meet density/spacing requirements, regardless of their quality, which are left uncut.

o A cut tree which is not completely severed from its stump, or a stump containing live green limbs that do not meet specifications contained elsewhere herein.

• Hang-Up Tree – A cut tree suspended 3 feet or higher above the ground surface in any way by another leave tree, stump, brush, rock, etc.

• Leave Tree – The best crop-suitable trees determined to be left to meet average density/spacing requirements, and for future management.

• Live Crown Ratio/LCR – The portion of the bole of a tree that supports healthy green foliage, expressed as a percent of the total tree height to the nearest 10 percent.

• Mistletoe/Dwarf Mistletoe – A significant parasitic problem plant of western coniferous forests.

Mistletoe develops extensive absorption systems in the host, causing injury through diversion of nutrients and growth reduction. Often causes “brooms” of abnormally prolific branching.

• Reserve Tree – Trees determined to be left uncut within unit boundaries. Includes any of the following:

o All trees less than the minimum and greater than the maximum cut tree specification.

o Any tree of a species not addressed in the Detailed Unit Information Sheet.

o Wildlife Trees – those designated as reserved for use by wildlife with orange paint and/or metal signs.

o Select Trees – those selected for participation in a Genetic Tree Improvement Program.

Marked with a wide horizontal band of orange paint and/or yellow metal signs.

o Trees marked with orange paint.

• Residual Overstory – Larger, mature, live trees comprising the uppermost canopy layer which were reserved in prior harvest activities, typically as seed trees, shelterwood trees, future snags, etc. For this contract, residual overstory shall be defined as any tree over 9” DBH.

• Slash – Vegetative material including stems, limbs, broken tops, cull logs, chunks, or naturally occurring fuels which have accumulated as the result of disturbances such as beetle-kill, fire, and snow or wind damage.

• Tree Class /Crown Class – o Dominant – A tree whose crown extends above the general level of the forest canopy, and which receives full light from above and partial light from the sides.

o Co-dominant – A tree whose crown helps to form the general level of the forest canopy, and which receives full light from above but comparatively little from the sides.

o Intermediate – A tree whose crown extends into the lower portion of the forest canopy, and which is shorter in height than the co-dominates, and which receives little direct light from above and none from the sides.

• Western Gall Rust – A disease that produces conspicuous round growths on the bole and/or branches.

2.2 Period of Performance

Base Period: October 1, 2025 to November 1, 2026. (Optional units 10/01/2025-11/01/2027) The

Government reserves the right to prioritize the order in which units are treated.

Work may be done any time during the term of the contract, except under the following conditions:

(1) Industrial Fire Precautions Level prevents work from proceeding. See Attachments F and G

Fire Protection and Suppression_R6-FS-6300-52 and 54 respectively.

(2) When snow depth creates a situation where requirements cannot be met and/or work cannot be inspected as determined by the COR.

Contractor Requirements

3.0 Technical Requirements / Tasks

Precommercial Thinning and Grapple Piling, Bugle TS Units,3, 6, 8, 138, 139, 145, and 266 totaling 449 acres.

Optional units are option #1 unit 84 = 317 acres thinning and grapple piling, option #2 units 4, 148 = 61 acres of thin and grapple, option #3 unit 173 = 237 acres of thin and grapple, and option #4 = 181 acres of thinning.

See Attachment A: Schedule of Items and C: Bugle TS Unit Maps.

1. The Contractor shall notify the COR when units are completed (all specifications for each unit has been accomplished and quality control plan has been implemented) and ready for inspection prior to moving out of the general area. Cut all conifers that are at least 12 inches tall and up to 9.0 inches DBH to achieve an average leave tree spacing of 20 x 20 feet. Averaging 109 Trees Per Acre (TPA).

a. Selection of leave trees shall be made in following priority order: Western white pine, Western larch, Ponderosa pine, Douglas-fir, Engelmann spruce, White fir, Lodgepole pine and Juniper.

b. Leave-trees shall be the healthiest, most vigorous, and best-formed trees of the preferred species in the stand, as evidenced by the tallest height, largest crowns and crown ratios, straightest stems, and the least amount of damage or disease.

c. Where undamaged trees are not available, select leave-trees with the least amount of damage. COR discretion.

d. The leave-tree spacing is an average and shall be varied up to 25% (+/- 5 feet) = (15’-25’) to leave the most desirable trees. It is more important to leave the healthiest trees, than to have uniform spacing.

e. Cull trees may be cut up to 12.0 inches DBH to improve the survivability of a larger tree or where it would enhance stand health and reduce fuel levels. COR discretion.

f. Species preference compensates somewhat for minor differences in size or quality. For example, a smaller, but otherwise equal quality western larch which is 2/3 the height of Douglas-fir should be left rather than the Douglas-fir. A ponderosa pine with minor bole damage would be preferred over an undamaged white fir.

g. Leave (do not cut) any trees within 100 feet of springs, bogs, seeps, or elk wallows.

h. All limbed, lopped or downed woody material shall be at least 5 feet from the boles of leave trees and any fencing in the contract.

i. Lop stems at no greater than Ten (10) feet and limb as needed getting the main stems of cut and down plant materials in contact with the ground. All created slash over 3 inches needs to be in contact with the ground. All cut material needs to be less than 2 feet above ground.

j. From May 1st to June 30th crews will watch for lone elk, deer, or antelope.

Most of these animals readily move and avoid areas of human activity.

However, if newborn fawns’ antelope, mule deer or elk calves are observed, the area should be avoided, allowing the mothers to move the young away from the project.

k. Wildlife clumps equal to 10% of the unit shall be left uncut. Clumps will be flagged and identified to contractor by COR.

Slash/Piles specifications units 6, 8,138,139, 145, and 266. (Option unit 84, 4, 173)

1. Material to be Piled

a. All created slash which is one inch to eleven inches in diameter and at least two feet or greater in length or as stated on the Detailed Unit Information Sheet (DUIS) shall be piled. All created slash as defined in all pre-commercial thinning slash, and lopped limbs, produced during Contractor’s operation or slash produced in other ways by other means.

b. Material not within the size limits specified above or as stated on the DUIS may be left un piled; however, attached limbs or top within the diameter and length limits shall be cut from the greater diameter material and piled.

c. All slash, including material from snags, that meet the piling requirements, and vegetation that is required to be piled under this contract, that originates in, and falls or rolls outside of unit boundaries, shall be pulled back into the unit and piled.

2. Pile Construction

a. Piles shall be constructed compactly by aligning individual pieces in the same direction and placing the heavier slash on top. Piles shall have a stable base to prevent toppling. The long axis of individual pieces shall be oriented up- and down- slope.

b. All piles shall be as compact as possible with a concentration of light combustible and free of non-combustible material. Height shall be no less than six (6) feet and no greater than eight (8) feet. Length shall be no less then eight

(8) feet and no greater than fifteen (15) feet. Width shall not exceed Ten (10) feet.

c. Material greater than ten (10) feet in length must be bucked to ten (10) feet or less before piling. All material shall be contained within the general contour of the pile. Material extending over two feet beyond the pile shall be bucked off and placed in the pile.

3. Pile Location

a. Unless specifically approved by the Contracting Officer or COR, piles shall be located so that later burning will not damage standing green trees, reproduction, and seedlings.

b. Piles shall not be placed on or adjacent to tree stumps, snags, or within eight feet of downed logs. Piles shall not be placed under overhanging limbs.

c. Piles shall not be located on road surfaces, in ditches and channel bottoms, on downed logs or stumps.

d. Piles shall not be located closer than twenty-five (25) feet of external boundary of treatment areas or to treatment areas such as perennial, intermittent streams or riparian buffers.

e. Alternate piling sites must be approved by the COR.

f. Piles shall not be placed within 20 ft of large (equal to or greater than 12 inch) snags.

Protection of Resources

(a) The Contractor shall be responsible for any damage caused by their personnel and/or equipment. This includes but is not limited to damage to existing structural improvements such as water developments, fences, property line monuments, bearing trees, roadblocks, road surfaces and/or drainage structures because of contract activities. The Contractor, at his expense, shall restore damaged property back to its original condition in a timely manner.

(b) If any cultural or archaeological sites, any threatened or endangered species, proposed threatened and endangered species, or sensitive plants are discovered during operation of the contract, work will be suspended in the immediate vicinity of the site(s) until a reconnaissance survey is completed by the Government.

(c) No work will be permitted within a ¼-mile radius and/or line of sight from any active nest of the following species during the listed periods.

• January 1 through August 31 for golden eagles.

• March 1 through August 31 for northern goshawks and red-tailed hawks.

• April 1 through August 31 for osprey.

• April 15 through August 31 for Cooper’s hawks and sharp-shinned hawks.

(d) Contractor shall protect all known and identified historic and prehistoric sites against destruction, obliteration, removal, or damage during contract operations.

(e) Contractor shall bear all costs of restoration, provided such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

(f) Contractor shall not move or disturb existing course woody material (CWM).

(g) Noxious Weed Control

• . Equipment and vehicles are expected to proceed directly to the job site following the inspection.

Acceptable quality level paragraph 3.2, AQL: 90%

4.0 Deliverable / Schedule

(1) Contractor work Plan

PWS Paragraph 3.1.c.

The work plan shall include:

1) project milestone plan depicting 50% and 100% dates. 2) Key Personnel. 3) Safety Plan. 4) Fire Plan. 5) Contractor’s Quality Control Plan, 6) Contractor equipment storage request.

Within fourteen (14) calendar days after contract award

Contracting Officer’s Representative

(2) Contractor Property Plan

PWS Paragraph 4.2, Contractor Property.

Within fourteen (14) calendar days after contract award

Contracting Officer’s Representative

(3) Key Personnel PWS Paragraph 7, Contractor’s Key Personnel.

Within fourteen (14) calendar days after contract award

Contracting Officer’s Representative

5.0 Government Furnished

No government furnished property supplied.

6.0 Travel

N/A

7.0 Contractor’s Key Personnel

The Contractor shall provide a Contract Manager and designated alternate, as applicable, who has full authority to act for the Contractor on all contract matters relating to this contract. The Contract Manager or alternate shall be available during the Government's regular working hours. The Contractor shall submit the name and contact information of the contract manager in writing to the COR within 14 calendar days of award utilizing R6_FS-6300-6 Designation of Representative Form (Attachment E). (Deliverable 03)

At all times during the performance of this contract and until the work is completed and accepted, the contractor shall directly superintend the work or assign and have on the work a competent represented superintendent who has authority, in writing, to act for the Contractor.

(2) The Contractor shall provide one (1) non-working Foreman that is conversant in English and able to read and understand the contract documents for all thinning and bucking operations.

NOTE: The Government may, at its option suspend work with full count of contract time continuing, if the Contractor fails to provide a Contractor’s Representative who is (1) conversant in English, and (2) able to read and understand the contract.

8.0 Security Requirements

N/A

9.0 Data Rights

N/A

10.0 Section 508 - Electronic and Information Technology Standards N/A

11.0 Performance Requirement Measures

Task Standard Acceptable Quality Level

Incentive/Disincentive

Deliverables Provide the deliverables within the stated time limit

100% The Contractor’s ability to meet the standard will be reflected in the performance evaluation, either positive or negative

Thinning Standard: Leave Tree Selection

Select the best leave tree using the specified criteria (DUIS).

90% Rework. 1% pay reduction for each 1% under 90% quality.

No pay for uncorrectable quality below 80%.

Thinning Standard: Cut Trees

Meet stump height requirements and no live limbs

90% meet stump height.

100% meet no live limb requirement.

Rework

Slash Treatment/Grapple pile Standard

Meet requirements for material to be piled, pile construction, pile location.

90% of the required slash treatment meets specifications.

Rework

Protection of Resources

Follow all standards listed under protection of resources

100% Contractor shall bear the costs of restoration.

Pull back Meet pullback requirements

90% of material requiring pullback has been moved

Rework

Quality Control Contractor follows their provided quality control program

Contractor’s quality control is +5/-5% of the government’s quality assurance

The Contractor’s ability to meet the standard will be reflected in the performance evaluation, either positive or negative

Attachment

A: Schedule of Items:

B: Vicinity Map C: Unit Maps D: DUIS sheet E: Designation of Representative Form R6-FS-6300-6 F: Fire Protection and Suppression_R6-FS-6300-52 G: Fire Protection and Suppression_R6-FS-6300-54

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

Prairie City Ranger District in the Malheur National Forest

Base Period: October 1, 2025, to November 1, 2026

Optional Units: October 1, 2025, to November 1, 2027

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

Addenda to provision FAR 52.212-1:

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

Addenda to Provision FAR 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, a price proposal, and contractor representations and certifications.

a) Technical Proposal – The technical proposal shall address the evaluation factors in FAR 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.

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

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

b) Price Proposal – Include the following: 1) the completed Schedule of Items from Section B of this solicitation, and 2) acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment(s).

c) Representations and Certifications – Fill in the check boxes for provisions FAR 52.204-26, FAR 52.204-24(if applicable), FAR 52.209-7, FAR 52.212-3, and Employment of Eligible Worker- Workforce Certification found in paragraph(x) of this solicitation and include a copy with your offer.

NOTICE: SAM updates may lag policy updates and may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including:

• FAR 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—

Representation

• Paragraph (d) & (t) of 52.212-3, Offeror Representations and Certifications—Commercial

Products and Commercial Services Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

3) Submit offer by email to tawana.green@usdagov so that it is delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Technical Proposal, Price 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 Tawana Green.

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

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.

(End of provision)

(ix) FAR 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:

mailto:tawana.green@usdagov

1. Technical

2. Past Performance

3. Price

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

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

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

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) (Provision)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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".

(c) (1) Representation. The Offeror represents that it □ does, □ 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision) https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

FAR 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 FAR 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at FAR 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 FAR 52.204-26, or in paragraph (v)(2)(ii) of the provision at FAR 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 FAR 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 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(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.

(End of provision)

FAR 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 FAR 52.204-7).

(End of provision)

FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2024) (DEVIATION FEB 2025) (Provision)

[If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850

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

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

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

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

(End of provision)

Employment of Eligible Workers - Workforce Certification (Provision)

Contractors are required to provide certification under this solicitation in compliance with the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) and Farm Labor Contractor (FLC) Certificate of Registration requirements describing the workforce they will utilize to fulfill the contract requirements under this solicitation and any resulting contract. If the Contractor will supply workers under the H-2B Program, the Contractor is required to provide a copy of the Temporary Employment Certificate issued by DOL.

Subcontractors are bound by the same requirements for licenses and permits under this contract. If a Prime Contractor identifies a Subcontractor as part of their workforce to accomplish the work under this solicitation, the Prime Contractor shall submit the Subcontractor's signed certification with their response to the solicitation.

H-2B Workers: (https://foreignlaborcert.doleta.gov/about.cfm)

Company certifies it will not be utilizing H2B Workers under any resulting contract of this solicitation.

Company will be utilizing H2B Workers (under any resulting contract of this solicitation.

Provide a copy of Temporary Employment Certificate.) MSPA Workers:

(http://www.dol.gov/whd/mspa/)

Company certifies it will not be utilizing MSPA workers under any resulting contract of this solicitation.

Certifies has valid FLC certificate of registration. (Attach a copy of current certification.)

Authorization includes:

http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876 https://foreignlaborcert.doleta.gov/about.cfm http://www.dol.gov/whd/mspa/

Transporting workers

Driving

Housing workers

Company has applied for a Certificate of Registration on ______________ .

Contractors not currently having obtained a certificate (for each partner, if partnership) will be requested to furnish proof of having obtained a Certificate of Registration prior to award of contract. If the contractor does not provide the required Certificate in a reasonable timeframe, the contractor will not be eligible for the contract award. Partnerships must furnish proof of registration of their assumed business name, if any, with the State of registration.

State of ______________ No.______________

Information about licensing requirements and procedures may be obtained from the following:

I, on behalf of said Company, certify to the above responses.

SIGNATURE: DATE:

PRINTED NAME: TITLE:

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

Addenda to FAR 52.212-4:

The Contractor must follow the instructions on how to register and submit invoices via the Department of Treasury’s Internet Payment Platform (IPP) as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic invoice processing platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm.

Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollmentvendors.

htm to establish your account.

(End of Clause)

(xii) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025)

(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) FAR 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) FAR 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) FAR 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) FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

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

(7) FAR 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108- 77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

☒ (1) FAR 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

3509)).

☐ (3) FAR 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) FAR 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

☒ (5) FAR 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) FAR 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

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

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

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15

☒ (9) FAR 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

☐ (10) FAR 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, title II)

☒ (11)(i) FAR 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 FAR 52.204-30.

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

Debarred, Suspended, or Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (31 U.S.C. 6101 note).

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

☐ (14) [Reserved].

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

U.S.C. 657a).

☐ (16) FAR 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) FAR 52.219-6,…