1240LN22Q0040 SOL_Final.pdf

1240LN22Q0040

Wisdom and Wise River Ranger Districts Janitorial Services

Beaverhead-Deerlodge National Forest

Solicitation Issue Date: June 1, 2022

Method of Solicitation: Request for Quotation (RFQ).

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR

Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The solicitation and incorporated provisions and clauses are those in effect through the most current Federal

Acquisition Circular FAC 2022-06.

Responsible sources may submit a quotation which, if timely received, shall be considered by this agency.

The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the

Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

North American Industry Classification (NAICS): 561720 (Janitorial); Size Standard is $19.5

Set Aside: 100% small business set-aside.

Period of Acceptance for Offers: The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

Period of Performance: The period of performance of this contract is from July 1, 2022 through April 30, 2027.

Post Award Conference: A post award conference with the successful offeror is required. It will be scheduled at a date and time to be determined on a later date.

General Information: The intent of this solicitation is to obtain quotes for janitorial services. See below for complete project description.

Provide quote by: 4:00 PM, Mountain Standard Time on June 15, 2022.

NOTE: FAR Part 13 will be utilized to accept valid quotes as per the specifications, terms and conditions of the solicitation, and the government reserves the right to review any and all quotes received, regardless of date, prior to making a final award decision.

DOCUMENTS TO RETURN:

The following documents shall be submitted by the offeror for evaluation to be considered responsive:

Schedule of Items

Experience Questionnaire or a document demonstrating recent and relevant experience in respect to the size and scope of this particular project.

Annual Representations & Certifications – see section below starting on Page 13

Quality Control Plan (see page 3)

Acknowledge Amendments (per the instructions in Block 11 on the SF-30) if applicable.

Send quote to: Forest Service, Property and Procurement Services, Intermountain Zone, CSA #3

Attn: Kimberly Hamil

E-mail: kimberly.hamil@usda.gov

For solicitation questions please use email above.

mailto:kimberly.hamil@usda.gov

Table of Contents

SCHEDULE OF ITEMS

STATEMENT OF WORK

SCOPE

PLACE OF PERFORMANCE

SITE VISIT

PERFORMANCE BASED SERVICE CONTRACT

QUALITY CONTROL

BUILDING SECURITY

SAFETY

SUPERVISION AND QUALIFICATIONS

GOVERNMENT FURNISHED PROPERTY

BIOBASED PRODUCTS

CONTRACTOR FURNISHED ITEMS

TECHNICAL SPECIFICATIONS

Frequency of Service:

GOVERNMENT QUALITY ASSURANCE PLAN FOR CUSTODIAL SERVICES

SOLICITATION PROVISIONS

52.204-7 System for Award Management (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment (NOV 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.212-2 Evaluation—Commercial Products and Commercial Services (NOV 2021) 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (NOV

2021) (DEVIATION JUL 2020) (Provision) 52.223-1 Biobased Product Certification (MAY 2012) 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) 52.252-5 Authorized Deviations in Provisions (NOV 2020) Electronic Submissions of Quotes

CONTRACT CLAUSES

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) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2021) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial

Products and Commercial Services (JAN 2022) (DEVIATION JUL 2020) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.252-2 Clauses Incorporated by Reference (FEB 1998) 52.252-6 Authorized Deviations in Clauses (NOV 2020) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) (DEVIATION APR

2020) (31 USC 3903 and 10 USC 2307) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.245-1 Government Property (SEP 2021) Alt 1 (APR 2012) 452.204-70 Modification for Contract Closeout (OCT 2021)

LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SCHEDULE OF ITEMS

Janitorial Services

Wisdom and Wise River Ranger District Offices

Beaverhead County, Montana

ITEM DESCRIPTION QUANTITY UNIT

UNIT

PRICE TOTAL

Base Period Janitorial Service Wisdom RD

July 1, 2022 - April 30, 2023 10 Month $ $

Janitorial Service Wise River RD

July 1, 2022 - April 30, 2023 10 Month $ $

Option Period

001 Janitorial Service Wisdom RD

May 1, 2023 - April 30, 2024 12 Month $ $

Janitorial Service Wise River RD

May 1, 2023 - April 30, 2024 12 Month $ $

Option Period

002 Janitorial Service Wisdom RD

May 1, 2024 - April 30, 2025 12 Month $ $

Janitorial Service Wise River RD

May 1, 2024 - April 30, 2025 12 Month $ $

Option Period

003 Janitorial Service Wisdom RD

May 1, 2025 - April 30, 2026 12 Month $ $

Janitorial Service Wise River RD

May 1, 2025 - April 30, 2026 12 Month $ $

Option Period

004 Janitorial Service Wisdom RD

May 1, 2026 - April 30, 2027 12 Month $ $

Janitorial Service Wise River RD

May 1, 2026 - April 30, 2027 12 Month $ $

TOTAL of Base Period and all Options $

Note: The quoter may quote on either location or both locations; however, the quoter must quote on all items per unit, Wisdom and/or Wise River, all years, to be considered responsive. The government reserves the right to make multiple awards based on this solicitation.

Price quotation furnished by:

Name: Phone:

Address: Email:

DUNS#/SAM

UEID:

Signature/Date of Quote:

A Quality Control Plan shall be provided by the Contractor demonstrating how the Contractor will monitor and inspect work performed in this contract. The Quality Control Plan needs to be provided with the quote. A sample

Quality Control Plan is provided in this Request For Quote.

Vendor shall be registered in www.sam.gov prior to award.

The Forest Service has transitioned to an electronic invoicing system. Vendor shall also be registered in the Invoice

Processing Platform, www.ipp.gov to submit invoices at the end of each month’s services.

STATEMENT OF WORK

SCOPE

The Contractor shall provide all management, incidentals, and labor necessary to ensure that custodial services are performed at the government district offices located at the Wisdom Ranger District and Wise River Ranger District located in Wisdom and Wise River, MT and in White Sulphur Springs, Montana, in a manner that will maintain a satisfactory condition and present a clean, neat, and professional appearance.

The Contractor shall be responsible for the orderliness and cleanliness in areas used for offices and storage including the offices, copier rooms, breakrooms, bathrooms and the conference rooms. All areas shall be kept clean, neat, and free of fire and safety hazards and unsanitary conditions.

PLACE OF PERFORMANCE

• The Wisdom Ranger District is located at 300 Forest Service Road, Wisdom, MT. Services to be provided in one building of approximately 4936 square feet.

• The Wise River Ranger District is located at 65600 MT Highway 43, Wise River, MT. Services to be provided in two buildings, the main office is approximately 4465 square feet and the fire office directly behind the main building is approximately 460 square feet.

SITE VISIT

An on-site visit may be arranged by calling Paul Diaz or Molly Ryan, District Ranger at 406-689-3243.

PERFORMANCE BASED SERVICE CONTRACT

This work is being solicited as performance based, commercial item contract. Performance based means the

Contractor is responsible for a quality end service. If a quality end service is not provided, an adjustment to the payment will be made. A commercial item contract streamlines the terms and conditions to resemble those already used in the everyday marketplace.

QUALITY CONTROL

The Contractor, not the Government, is responsible for the management and quality control actions to meet the terms of this contract. The role of the government is quality assurance to ensure contract standards are met. Prior to start of work, the contractor shall provide a Quality Control Plan (QCP checklist) that they will use when performing the janitorial services.

The QCP checklist shall be kept and maintained by the contractor each month and made available to the government through the performance period and for the period after contract completion until final closeout or any claims under this contract.

A description of the site-specific quality control inspection plan shall be provided with the quote. The plan shall include:

Control procedures for security of Government-provided items such as keys, lock combinations

Location of the inspection documents

Corrective or preventive actions that will be taken to meet quality standards http://www.sam.gov/ http://www.ipp.gov/

Customer comments feedback system.

BUILDING SECURITY

The Contractor shall be responsible for safeguarding all Government property. At the end of each work period, all

Government facilities, equipment, and materials shall be secured. The Contractor shall double check all doors at the end of each service visit and close all windows (unless otherwise stated) at the end of each service visit. Lights and thermostats are electronically controlled and are to be left as set.

The Contractor shall prohibit the use of keys issued by the Government by any persons other than the contract employees. The Contractor shall not duplicate any keys issued by the Government and shall immediately report to the Contracting Officer any occurrences of lost or duplicated keys. In the event keys are lost or duplicated, the

Contractor may be required to re-key or replace the affected locks or perform re-keying. Cost of such work shall be deducted from the Contractor’s payment.

The contractor must provide security sufficient to prevent illegal entry into or loitering on the premises, to prevent loss by pilferage or theft, and to admit to the space during off-duty hours only those who are authorized to enter the building.

SAFETY

The Contractor will be responsible for conducting appropriate safety measures. No one under the age of 18 is allowed on the worksite due to safety reasons.

SUPERVISION AND QUALIFICATIONS

A background check may be required on Contractor and any employee(s) prior to award. Upon request, a social security number shall be provided to the Contracting Officer.

GOVERNMENT FURNISHED PROPERTY

• Keys, or locks necessary for access to areas requiring work under this contract

• Dumpsters for trash and refuse disposal

• Storage space for cleaning supplies and equipment

• Paper product items such as toilet paper, hand towels and paper towels

• Antibacterial hand sanitizer and soap

• Plastic garbage bags

• Light bulbs

• Brooms, mops, rags, and mop buckets

• Vacuum

• Carpet shampooing machine and cleaning solution

• Utilities

• At the option of Government, any other items necessary to perform the services required under this contract

An inventory and pre-use inspection of Government furnished equipment and supplies shall be completed at each site by the COR and Contractor before the performance period begins.

Note: The Contractor shall notify the Government when Government furnished supplies are within three weeks of depletion.

BIOBASED PRODUCTS

The contractor must comply with the Agriculture Act of 2014; the Food, Conservation and Energy Act of 2008

(FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 9FSRIA), 7 U.S.C. 8102; the Federal

Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic

Performance”, dated October 2, 2009; EO 13423, “Strengthening Federal Environmental, Energy and Transportation

Management”, dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in

Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

The following is a list of categories for bio-preferred products that are required for performance of this contract:

Floor Strippers Adhesive and Mastic Removers Air Fresheners and Deodorizers

Furniture Cleaner Bathroom Cleaners Carpet Cleaners

Glass Cleaners Multipurpose Cleaners Microbial Cleaners

Disinfectants Cleaning Tools Metal Cleaners

Corrosion Removers Disposable Containers

For more information regarding the Department of Agriculture Biobased Program go to:

http://www.biopreferred.gov.

CONTRACTOR FURNISHED ITEMS

All cleaning supplies not listed above, including specialized cleaning supplies, needed by the Contractor to complete the required work.

TECHNICAL SPECIFICATIONS

Frequency of Service:

Janitorial Services for Wise River and Wisdom Ranger District offices shall be performed, per the following guidelines:

October 1 - March 30: services will be two times per week separated by 3 days between each service during the scheduled week, between the hours of 5:00 pm and 7:00 am.

April 1 – September 30: services will be three times per week separated by 1 day between each service during the scheduled week, between the hours of 5:00 pm and 7:00 am.

In all cases, cleaning should occur on a schedule to maximize an orderly and neat appearance to the facilities.

Contractor will inform the COR of their cleaning schedule before cleaning is accomplished on Federal holidays. On evenings when meetings are held in the building, cleaning will need to be accomplished before or after the meeting.

Notification of scheduled meetings will be furnished to the contractor by the government.

Twice per year services shall be performed when such cleaning is most beneficial. Each cleaning shall be separated by at least four (4) months and a schedule shall be provided to the COR beforehand. (ex: carpet steam cleaning, window washing)

1) Floors:

a. All carpeted floors (including inside doormats) shall be vacuumed frequently enough to be kept free of dirt, paper and other debris.

b. Sweep and mop all uncarpeted floors and stairs, and front entryway so as to keep free of marks, dirt, mud and other debris.

c. All carpets shall be spot cleaned between shampoos, as needed.

http://www.biopreferred.gov/

2) Walls & Doors:

a. All wall surfaces, doorknobs, door handles, and light switch plates shall be kept clean and free of marks.

b. All baseboards and door frames shall be kept clean and free of marks

c. The windowpanes on each door shall be kept clean and free of streaks.

d. All exterior doors shall be kept clean and free of marks.

3) Dusting and Cobweb Removal:

a. All counters, ledges, door sills, frames, wall clocks, display surfaces and wall corners shall be kept clean, free of dust and cobwebs.

b. All front office bookcases, conference tables, front office non-filing cabinets and filing cabinets shall be kept clean and free of dust. Items on these surfaces shall not be disturbed to facilitate cleaning.

c. Display case glass shall be kept clean and free of fingerprints and dirt marks.

d. Light dusting of computers and phones on office desks as needed.

4) Bathrooms, Break rooms, Copier rooms:

a. All bathroom floors shall be kept clean, free of marks, and disinfected.

b. The inside and outside of all toilets and urinals shall be kept clean and disinfected.

c. All sinks shall be kept clean, disinfected, and free of rust, residue, and water deposits.

d. All mirrors shall be kept clean, dry, and free of streaks and residue.

e. All showers shall be kept clean, and disinfected.

f. All other fixtures, surfaces, and walls shall be kept clean, disinfected, and free of water spots, marks and residue.

g. The microwave in the breakroom shall be kept clean.

h. The front, exterior portion of the pop machine and refrigerator shall be kept clean.

i. All tables shall be wiped and disinfected.

j. All supplies for the toilet paper, paper towel and soap dispensers shall be filled, or replaced, so as to maintain a continuous, inexhaustible supply. (Please notify COR when running low of supplies).

5) Windows:

a. *Office Windowpanes shall be washed, dried and have a clean, streak free appearance.

b. Entry way windows shall be washed, dried and have a clean, streak free appearance.

c. Windowsills shall be kept clean and free of dust.

d. *Window blinds shall be cleaned a minimum of twice per year.

6) Trash Disposal and Wastebasket Maintenance:

a. Trash will be removed and taken to the local transfer stations.

b. All trash liners can be kept free of paper, food, liquids, and unsightly materials.

c. *All trash cans shall be cleaned inside and out with a disinfectant, as necessary

7) Furniture:

a. All fabric type furniture shall be vacuumed frequently enough to be kept free of dust and other debris.

8) Other:

a. *All light fixtures and panels shall be cleaned so as to be free of dust, dirt and debris a minimum twice per year. Please notify COR if replacement of bulbs is required.

b. *All vents, fans and air intakes shall be cleaned and vacuumed so as to be free of dust, dirt and debris a minimum of twice per year and coordinated clean g schedule with the COR.

c. All entry ways shall be swept and kept free of dirt, cobwebs and other debris.

d. Outside doormats shall be kept clean and free of dirt and other debris.

*Indicates a periodic service (2x per year, or more frequently as indicated)

GOVERNMENT QUALITY ASSURANCE PLAN FOR CUSTODIAL SERVICES

The Quality Assurance Surveillance Plan (QASP) has been developed to evaluate contractor actions while implementing this Statement of Work. It is designed to provide an effective surveillance method of monitoring contractor performance for each listed objective on the Service Delivery Summary in the maintenance contract.

The QASP provides a systemic method to evaluate the services the contactor is required to furnish.

The QASP is based on the premise the government desires to maintain a quality standard in the custodial functions needed for their facilities and that a janitorial service contract to provide these services is the best means of achieving that objective.

The contractor, NOT the government, is responsible for management and quality control actions to meet the terms of the contract. The role of the government is quality assurance to ensure contract standards are achieved.

In this contract the quality control program is the driver for service quality. The contractor is required to develop a QUALITY CONTROL PLAN (QCP) for inspection and monitoring actions. The first major step to ensuring a “self-correcting” contract is to ensure that the Quality Control Plan approved at the beginning of the contract provides the measures needed to lead the contractor to success.

Once the Quality Control Plan is approved, careful application of the process and standards presented in the remainder of this document will ensure a high-quality assurance program.

Performance Objective Performance Threshold

Basic Cleaning Services

Floors, baseboards, corners and wall edges are free of dirt, dust and debris. Trash is empty. Plastic liners are in good condition. Trash containers are free of odors and visible dirt. Trash is emptied into outdoor trash collection container. Ash containers are emptied and free of ashes, odors and stains. Glass and mirrors have trace of film, dirt, smudges, or water. Drinking fountains are disinfected and free of streaks, stains, spots, smudges, scale and other deposits. Stairways are free of dirt, debris, marks, smudges, scuffs and other foreign matte. Carpets are free of dirt, debris, litter and other foreign matter. Dust is not visible.

95% of all facilities are without customer complaints for the month.

Random sampling of inspection reports by COR.

Performance Objective Performance Threshold

Periodic Cleaning Services

Floors have a glossy uniform appearance free of scuffmarks, heel marks, was build-up, and other stains and discoloration. Windows are free of film, dirt, smudges, water and other foreign matter. Carpets are free of stains and discoloration. Heating and return vents are free of dust.

95% of all facilities receiving period services are without customer complaints for the reporting period.

Random sampling of inspection reports by COR.

SURVEILLANCE: The government quality assurance (QA) person will receive complaints from station personnel and pass them along to the contractor’s Quality Control Inspector (QCI) for correction.

STANDARD: 95% of all facilities are without customer complaints for the month or service period. For example, the QA should receive no more than 5 customer complaints during the service period. The QA shall notify the contracting officer for appropriate action in accordance with FAR 52.212-4, Contract Terms and Conditions-

Commercial Items or the appropriate Inspection of Services clause, it any of the above service areas exceed five customer complaints.

PROCEDURES: Any station employee that observes unacceptable services, either incomplete or not performed, for any of the above performance objectives, should immediately contact the government QA and the QA will complete appropriate documentation to record the complaint. The QA will consider the customer complaint valid upon receipt from the customer. The QA should inform the customer of the approximate time the unacceptable performance will be corrected and advice the customer to contact the QA in not corrected. The QA will consider customer complaints as resolved unless notified otherwise by the customer. The QA shall verbally notify the

Contractor’s Quality Control Inspector (QCI) to pick up the written customer complaint. The QCI will be given 24 hours after verbal notification to correct the unacceptable performance. If the QCI disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the QCI will notify the QA. The QA will conduct an investigation to determine the validity of the complaint. If the QA determines the complaint as invalid, they will document the written complaint of the finding and notify the customer. The QA will retain the an-noted copy of the written complaint for their files. If after investigation the QA determines the complaint as valid, the QA will inform the QCI and the QCI will be given an additional hour to correct the defect. A defect will not be recorded if proper and timely correction of the unacceptable conditions is accomplished. The QCI shall return the written customer complaint document, properly completed with actions taken, to the QA, who will file the complaint for monitoring future recurring performance. Recurring customer complaints are not permitted for any of the above service items. If a repeat customer complaint is received indicating the same deficiency during the service period

(Month) the QA should contact the Contracting Officer for appropriate action.

INVOICING & PAYMENTS

All payments are processed using The Invoice Processing Platform (IPP). 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/enrollment-vendors.htm to establish your account.

The IPP Customer Support Desk is available to assist users Monday through Friday (excluding Federal holidays) from 8 a.m. to 6 p.m. ET, to answer questions related to accessing IPP or completing the registration process. Their toll-free number is 1-866-973-3131 or they can be reached at IPPCustomerSupport@fms.treas.gov. If you have any additional questions or concerns, please contact the Controller Operations Division Help Desk at 1-877-243-3072 or cod.help@usda.gov.

SOLICITATION PROVISIONS

52.204-7 System for Award Management (OCT 2018)

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

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—

Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

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

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

(Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management

(SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

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

"will" in paragraph (d)(1) of this section; and

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided;

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 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)

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

(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:

Per FAR 13.106 quotes will be evaluated using a best value approach. The Government will evaluate quotes based on price, past performance, and experience.

Price

The quoted prices will be evaluated for reasonableness.

Past Performance

Past performance is a measure of the degree to which the offeror has satisfied previous customers and complied with Federal, State and Local laws and regulations. The Government may contact references to assess the quality of the contractor’s work, timely completion, project management, and compliance with regulatory requirements. The Government will consider the currency and relevance of the information provided for past performance. The Government shall consider this information, as well as information obtained from any other sources, when evaluating the offeror’s past performance.

Experience

The Government will assess the specialized experience and skill of the firm with a focus on experience that is similar to the specified project.

(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)

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (NOV

2021) (DEVIATION JUL 2020) (Provision)

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and

Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.

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

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

Representations and Certifications (complete and return with your offer) 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

VENDOR NAME: _____________________________________________

VENDOR DUNS: _____________________________________________

VENDOR UEI: _______________________________________________

(End of provision)

52.223-1 Biobased Product Certification (MAY 2012)

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

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

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)

Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar (AGAR clauses begin with 452)

Deviations to provisions may be viewed at: https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

(End of provision)

52.252-5 Authorized Deviations in Provisions (NOV 2020)

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

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

(End of provision)

Electronic Submissions of Quotes

(a) Definition. "Electronic quote," as used in this solicitation, means a quote, modification of a quote, or withdrawal of a quote that is transmitted to and received by the Government via electronic means that communicates and reproduces both printed and handwritten material. The most common and preferred method is direct email.

(b) The government prefers the use of electronic quotes in response to this solicitation. Quote s may be submitted electronically via email to KIMBERLY.HAMIL@USDA.GOV or through the SAM.gov interface.

(c) Electronic quotes that fail to furnish required representations or information or that reject any of the terms, conditions, and provisions of the solicitation may be excluded from consideration.

(d) Electronic quotes must contain the required signatures.

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm mailto:KIMBERLY.HAMIL@USDA.GOV https://www.sam.gov/

(e) The Government reserves the right to make award solely on the electronic quote. However, if requested to do so by the Contracting Officer, the apparently successful quoter agrees to promptly submit the complete original signed quote.

(f) If the quoter chooses to transmit an electronic quote, the Government will not be responsible for any failure attributable to the transmission or receipt of the electronic quote including, but not limited to, the following:

(1) Receipt of garbled or incomplete quote.

(2) Availability or condition of the receiving IT equipment.

(3) Incompatibility between the sending and receiving equipment.

(4) Delay in transmission or receipt of quote.

(5) Failure of the quoter to properly identify the quote.

(6) Illegibility of quote.

(7) Security of quote data.

(End of provision)

CONTRACT CLAUSES

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.

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

(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.

(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.

(End of clause)

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2021)

Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION 2017-1

(AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety

Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C 4712 and 10 U.S.C 2409 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

(End of clause)

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

Products and Commercial Services (JAN 2022) (DEVIATION JUL 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

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

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19

U.S.C. 3805note)).

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

[Contracting Officer check as appropriate.]

☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41

U.S.C. 4704 and 10 U.S.C. 2402).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009.)

☐ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

☐ (5)…