CombSyn Dakota Skipper 1240LN24Q0010.pdf

Solicitation Number: 1240LN24Q0010 Little Missouri National Grassland, McKenzie & Medora Ranger District

Butterfly, Skipper, and Skipperling Survey

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1240LN24Q0010

Butterfly, Skipper and Skipperling Survey McKenzie & Billings Counties, ND

Solicitation Issue Date March 07, 2024

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

Method of solicitation: Request for Quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2024-03.

Set Aside: 100% small business set-aside. The NAICS code is 541620 Environmental Consulting Services ($19M)

General Information: The intent of this solicitation is to obtain quotes for survey services for the ESA listed Dakota Skipper, with a secondary objective of surveying other butterflies, skippers, and skipperlings. See below for complete project description.

Provide quote by: 3:00 PM, Mountain Standard Time on March 18, 2024.

Offerors must have an active entity registration in the System for Award Management by the closing date & time of the quote request in order to submit an offer. https://www.sam.gov/SAM/.

Questions: Deadline for questions is March 13, 2024 at 1:00 PM, Mountain Time. For solicitation questions email Shawn Harwood at shawn.harwood@usda.gov.

DOCUMENTS TO RETURN:

The following documents along with all areas highlighted in yellow shall be submitted by the offeror for evaluation to be considered responsive:

Schedule of Items (next page) Experience Questionnaire (attached) or a document demonstrating recent and relevant experience in respect to the size and scope of this particular project.

United States Fish and Wildlife Service (USFWS) 10(a) (1) (A) permit for Dakota Skipper Pages 2, 23 & 24

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

E-Mail quote to: Forest Service, Attn: Shawn Harwood E-mail: shawn.harwood@usda.gov

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Name Phone ( )

Address E-mail

UEID #

Schedule of Items/Price Schedule

ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL

BASE Period

Fieldwork (days) LS 1 $ $

May 1, 2024 – April 30, 2025

Work Plan LS 1 $ $

Final Report&GIS Deliverable

LS 1 $ $

Base Period

TOTAL

OPTION 1

Fieldwork (days) LS 1 $ $

May 1, 2025 - April 30, 2026

Work Plan LS 1 $ $

Final Report &GIS Deliverable

LS 1 $ $

Option Period 1

OPTION 2

Fieldwork (days) LS 1 $ $

May 1, 2026 – Nov. 8, 2026

Work Plan LS 1 $ $

Final Report &GIS Deliverable

LS 1 $ $

Option Period 2

*AQ-Actual Quantity

*LS-LUMP SUM

REMINDER: OPTION Periods are in future years so ensure vendor accounts for future price inflations if deemed necessary by vendor.

Price quotation furnished by:

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NOTES:

a. Pre-Bid Tour: No pre-bid tour will be conducted. Interested parties may contact Greg Schonert (Grasslands Biologist/Program Manager) at the Dakota Prairie Grasslands (DPG), at (701) 989-7309 (office) or

(701) 300-0341 (cell), with questions or for directions to view the project sites on their own. Contractors are encouraged to inspect the site where the work will be performed.

Period of Performance: May 1, 2024 thru November 8, 2026 All annual work shall be completed, including clean-up and final inspection. The Contractor shall maintain progress at a rate that will assure completion of the work within the time specified herein. Refer to the Work Plan Table on Page 5 & Deliverable Items Table on Page 6 for further items dates to be delivered.

b. Start Work: It is estimated that the work (beginning with work plan) will begin after date of award. Field work is expected to begin around June 15th (first Dakota Skipper emergence date).

Forest Service Furnished Items: The Forest Service, Dakota Prairie Grasslands (DPG) will provide the following items:

Little Missouri National Grassland Visitor Map Little Missouri National Grassland electronic (GIS format) Land Ownership layer and other associated layers with attribute fields.

c. Off Road Vehicle Use Permit: Upon request by the Contractor, the DPG will authorize and issue an off-road vehicle use permit. A four-wheel drive (4 x 4) vehicle is recommended for site access.

d. OPTION PERIODS: All information in this RFQ will be the same for Option Periods except below:

Survey Locations which are labeled on maps below on Page 12. The legal description of the general area will be T141N-T153N, R93W-R104W. A line on the map indicates the general location.

Period of Performance Option Period 1: May 1, 2025 - April 30, 2026 with work beginning approximately on June 15, 2025 and Work Completed approximately on July 19, 2025.

Period of Performance Option Period 2: May 1, 2026 – November 8, 2026 with work beginning approximately on June 15, 2026 and Work Completed approximately on July 19, 2026.

Refer to the Work Plan Table on Page 5 & Deliverable Items Table on Page 6 for further items dates to be delivered.

STATEMENT OF WORK

Contractor Qualifications: One of the species to be searched for in this contract, Dakota Skipper (Hesperia dacotae), may not be readily identified in the field without specialized training and experience.

Additionally, the Dakota Skipper is listed as Threatened under the Endangered Species Act (ESA).

Because of the ESA status and the high skill level needed for proper identification of this species, the head field surveyor(s) must have a United States Fish and Wildlife Service (USFWS) 10(a) (1) (A) permit for Dakota Skipper at the time the contract is awarded.

Description of Work: The primary objective of this contract is presence/absence surveys for the Dakota Skipper, with a secondary objective of surveying other butterflies, skippers, and skipperlings.

Particularly, U.S. Forest Service Regional Forester’s Sensitive Species (RFSS) for the DPG and those lepidopteran species that are spatially and temporarily related to Dakota Skipper. Lepidopteran species on the DPG’s RFSS list include the monarch butterfly (Danaus plexippus – also a USFWS candidate

4 | P a g e species), regal fritillary (Speyeria idalia – currently under FWS review for potential ESA listing), Ottoe skipper (Hesperia ottoe), and tawny crescent (Phyciodes batesii). General USFWS Survey Guidelines (2023 or 2024 protocol if updated) should be followed, but the intent of these surveys is primarily to determine presence. We would like the surveyor to focus on less-intensive and more geographically broad surveys within the generally identified survey locations to identify all butterfly species, rather than three intensive surveys to confirm an area is not occupied by the Dakota skipper.

a. Project Location: The project location is within the McKenzie Ranger District and Medora Ranger District in McKenzie and Billings Counties, North Dakota on the Little Missouri National Grassland (LMNG). Table 1 identifies the areas proposed for survey work and are listed in order of priority and for days allowed. Please note that only portions of these areas contain suitable habitat for the Dakota Skipper. Most areas should be accessible by road. Survey areas have been selected based on general habitat. More detailed information about survey locations will be available prior to survey time to help focus survey effort. LMNG biologists intend to have the proposed areas refined for occupancy surveys with habitat surveys being completed and/or mapped by USFS staff prior to the flight window.

b. Maps: Refer to maps on Pages 8-11.

Table 1. Priority DASK survey sites within the Little Missouri National Grassland

District Township, Range, Section

McKenzie T146N R102W Sections: 4-8, 18-22, 29, 32-34 (primary) T146N 103W Sections 11-14, 22-26, 35 (primary)

T149N R97W Sections: 19-22, and 28-34 (secondary) Medora T143N R100W Sections 25, 26, and 35 (primary)

T143N R99W Sections 29, 30, 31 (primary) T143N R100W 13, 14, and 15 (secondary)

The successful Contractor will survey the project area during optimal flight periods for Dakota Skipper in accordance with the 2023-2024 Dakota Skipper North Dakota Survey Protocol. A secondary objective includes surveying for additional butterflies, focusing on USFS Region 1 sensitive species.

The successful Contractor shall furnish all labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to complete the work. All work shall conform to the terms and conditions and specifications outlined in the solicitation and any resultant contract.

Project work includes the following items:

Item 1: Twelve (12) days of field work in order of priority shown in Table 1. Complete surveys with the methods provided in the 2023-2024 USFWS Dakota Skipper survey protocol in order of priority on Table 1.

Item 2: Work Plan

Item 3: Final Report/GIS Data Deliverable

Work Plan: The DPG shall provide the Contractor with applicable GIS layers, as needed, to aid in developing the Work Plan.

The Work Plan shall be submitted by the Contractor and sent to the Contracting Officer and Contracting Officer Representative in an electronic format (e.g., Microsoft Word or Adobe .pdf). The plan will

5 | P a g e outline the Contractor’s methods for efficiently surveying target organisms. Following a USFS review of the Work Plan, DPG personnel will provide the Contractor with comments.

The Work Plan shall be revised by the Contractor based on USFS comments and a revised/corrected report must be submitted. Data consistency must exist between reports and GIS deliverables.

The Contractor will have two (2) workdays to correct errors and to submit a revised Work Plan, including edits based on USFS provided comments.

The Work Plan shall include at a minimum:

1) Survey methods.

2) The data dictionary that will be used in the field in table format (see excel tables at an attachment for this scope of work) for collecting GIS data and a list of GIS data to be collected.

3) Estimated field work schedules with surveyor(s); and,

4) General area maps where the Contractor will search for Dakota skipper (and sensitive butterfly species).

WORK PLAN* DELIVERY DATE Per Period of Performance DRAFT WORK PLAN Before field work starts.

FINAL WORK PLAN With 2 working days of receipt of draft work plan.

Butterfly, Skipper, & Skipperling field survey, with a focus on Dakota Skipper

Within a week of completion of Dakota Skipper adult season (usually late July-early August), the contractor will submit a brief Progress Report, which will be submitted electronically by e-mail, addressed to the Contracting Officer, Contracting Officer Representative, DPG Biologist/Program Manager, and the Ranger District representative.

The Progress Report shall include a description of where, how, and when surveys were conducted, if any Dakota Skipper or sensitive species were sighted, and if any problems were encountered (e.g., weather, access, road conditions, etc.).

The most focused counting of individuals should be on Dakota Skipper, and secondary counting importance should be given to USFS Forest Service Region 1 sensitive species and species that serve as good phenological indicators for Dakota Skipper emergence. Estimated numbers of other butterfly, skipper, and skipperling species will be provided by the contractor. Information will be displayed in GIS as listed in the attribute tables presented as attachments to this scope of work.

Exact GPS points will be collected for Dakota Skipper and USFS Region 1 sensitive species. The contractor will submit the GPS points as an electronic GIS point shapefile with the final GIS deliverables, and information for these species will be as listed in attribute table.

Other species will be associated with the respective survey polygons/track lines (and associated information in GIS attribute table). The contractor will record GPS track lines while surveying and submit the GPS tracks as a line shapefile with the final deliverables.

Survey Methodology will follow the Dakota Skipper North Dakota Survey Protocol (at Dakota Skipper Occupancy Survey Protocol for North Dakota (usda.gov) https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/fseprd1037927.pdf or equivalent if updated by

USFWS.

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Results of the survey will be reviewed by DPG to make sure that surveys stay within guidelines set within USFWS permit. The Contractor will notify, by phone or email message, the COR and District on-site contracts if Dakota Skipper are located within one working day of the sighting.

Per USFWS guidelines, the contractor shall provide habitat information for areas that Dakota Skippers are surveyed, including information about flora of area and objective comments about other habitat conditions (such as grazing, habitat disturbances, and soils). Weather information (wind, temperature, cloud cover) will be recorded. The condition and sex of Dakota Skipper should be noted.

The successful Contractor will survey the project area during optimal flight periods for Dakota Skipper.

Surveys must be done within the Dakota Skipper survey window, which has ranged from June 12th thru July 19th, (see Survey Ground Rules section of survey ground rules of Dakota Skipper North Dakota Survey Protocol for survey start requirements). The Contractor will also record the duration and time to detection of first Dakota skipper observed.

TASK BEGINS* WORK COMPLETED*

Approximately mid-June. Approximately July 19th,

* Dates may vary due to of Dakota Skipper life cycle and/or weather conditions.

Final Report/GIS Deliverable:

DELIVERABLE DUE DATES Per Period of Performance Draft Work Plan Before field work starts each year.

Work Plan Within 2 working days of receipt of draft work plan.

*Progress Report Within 1 week of completion of Dakota Skipper adult season (usually late July-early August, depending on weather)

Draft Report & GIS Deliverable August 30th Final Report & GIS Deliverable November 8th

The Contractor shall submit Draft and final Reports in electronic format (e.g., Microsoft Word or searchable Adobe .pdf files). Anything that is sent to the USFWS for reporting of the Dakota Skipper survey to meet USFWS requirements should also be sent to DPG.

This may or may not include what is mentioned below for reporting. At a minimum, the Draft and Final reports for shall contain:

Deliverable Items:

Report (Electronic)

Report should contain the following sections:

A table of contents.

Page numbers.

A description of the survey areas, methods, and techniques used.

A summary of the season’s survey findings, including all butterfly species observed.

An appendix containing a copy of field notes and 10(a)(1)(A) Permit of surveyors (personal information shall be excluded from permits for security purposes);

Images: Ground level views of habitat during surveys. Photographs of Dakota Skipper showing clear identification of the species.

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Site specific information including:

o The date of each survey.

o List of butterflies, skippers, and skipperlings observed.

o Maps showing survey tracks, survey areas, and butterfly points for ESA listed/USFS Sensitive Region 1 species (these items will also need to be provided in GIS files as well with appropriate attribute data, see GIS Deliverable section below).

o For each survey include weather conditions: wind speed (or Beaufort Scale), air temperature,cloud cover, and the time at beginning and end of each survey route. In addition, include the number of flowering plants encountered during the survey (see Data Sheet in Appendix B in 2023-2024 Dakota Skipper North Dakota Survey Protocol).

GIS Deliverable

Include coordinate system, projection, and datum with all GIS data.

GIS data showing survey tracks and survey areas (with a relate list to each area of non-sensitive / ESA listed butterflies), and butterfly points for ESA listed/USFS Sensitive Region 1 species (GIS data should have appropriate attribute information).

Electronic files of the Draft Report/GIS Deliverable sent on thumb drive or via e-mail

Legend

2024_DASK_SURVEY_LOCATIONS

State_and_Federal_Roads

SurfaceOwnership

2024 DASK Survey Locations

Dakota Prairie Grasslands

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New Town

Alexander Watford City Arnegard

Killdeer Halliday

Manning

Sentinel Butte Medora

Belfield South Heart GladstoneTaylor Dickinson

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17 16 T148N.R99W

15 14

Watford City

McKenzie District

T149N.R97W

19 20

25 30 29

21 22 23 24

28 27 26 25

T149N.R98W 35 36 31 32

33 34 35 36

22 23 24 19 20 21 22

Legend

State_and_Federal_Roads

T148N.R97W 1 6

T148N.R98W T148N.R97W 10

13 18 17 16 15

6 5 4

3 2 1

6 5 4

T149N.R96W 19 20 21

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McKenzie District

27 26

34 35

25 30

36 31

29 28

32 33 Watford City

3 2

1T150N.R102W

14 13

23 24 T149N.R103W

26 25

35 36

5 4 3 3

T148N.R103W 6 5 4 8 9 10 11 3 2 1 6 5 4

17 16 T148N.R102W10 7

15 14 13 18 17

16 15 14

8 9 10 11 12 7 8 9

18 17 16 20 21 22 23 24 19 20 21 24 19

T148N.R101W 17 16 15 14 13

17 16 20 21

21T148N.R100W

27 26

30 29 28 27 26 25

30 29 28 32 33

34 35

30 29 T148N.R99W 22

36 31 32 33 34 35 36 31 32 33

36 31 2 1 6 5 4 3 2 1 6 5

1 6

11 12 7 8 9 10 11 T147N.R99W4

3 2

7 8 9 17 16

10 11

12 7 14 13 18 17 16

T147N.R100W

12 7

18 17 16

20 21 15 14

24 19 20 21 13 18

19 20 21 29 28

22 23

19 20

24 19

30 29 28

32 33 27 26

30 29

25 30

34 35 36

31 32 33 5 4

34 35

31 32

36 31 3 2 1 6 5 4

6 5

3 2

10 11 12 7 8 9 17 16

10 11 12

9 10

17 16

7 8

13 18 17 16

15 14 13

16 15

20 21

18 17

19 20 21 22

23 24

23 24

27 26

20 21

30 29 28 27

25 30

27 26

5 4

3 2 1 6 5 4 3 2

1 6

32 33 34 35

5 2

31 32 33 34

6 5 4 3

31 32

34 35

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Medora District

7 8 9 10

18 17 16 15

7 8 9 10 11 12 7 8 9

10 11 12 7 8 9

18 17 16 15 14 13 18 17 15 14 13 18

21 22 23 24 19 20 21 22 23 24 19 20 21 22 23 24 19

30 29 20 21

28 27 26 25 30 29 28 27 26 25 30 29 28 27 26 25 30 31 32

22T143N.R99W

29 28 27 33 34 35 36 31 32 33 34 35 36 31 32 33 34 35 36 31

3 2 1 6 5 4 3 2 1 6 5 4 3 2 1 T143N.R100W 7 8 9 10 11 12 7 8 9 10 11 12 7 8 9 10 11 12 18 17 16 15 14 13 18 17 16 15 14 13 18 17 16 15 14 13 19 20 21 22 23 24 19 20 21 22 23 24 19 20 21 22 23 24

T142N.R100W 30 29 28 27 26 25 30 29 28 27 26 25 30 29 28 27 26 25 31 32 33 34 35 36 31 32 33 34 35 36 31 32 33 34 35 36

5 4 3 2 1 6 5 4 3 2 1 6 5 4 3 2 1 8 9 10 11 12 7 8 9 10 11 12 7 8 9 10 11 12

1817 16 15 14 13 18 17 16 15 14 13 18 17 16 15 14 13 20 21 22 23 24 19 20 21 22 23 24 19 20 21 22 23 24

T141N.R100W 29 28 27 26 25 30 29 28 27 26 25 30 29 28 27 26 25 32 33 34 35 36 31 32 33 34 35 36 31 32 33 34 35 36

2 1 6 5 4 3 2 1 6 5 4 3 2 1 6 5 4 3 2 1 11 12 7 8 9 10 11 12 7 8 9 10 11 12 7 8 9 10 11 12 14 13 18 17 16 15 14 13 18 17 16 15 14 13 18 17 16 15 14 13 23 24 19 20 21 22 23 24 19

26 25 30

21 22 23 24 19 20 21 22 23 24 T140N.R100W

26 25 30 29 28 27

34 Medora 28 27 26 25 30 29 28 27 26 25

35 36 31 32 33

2 1 6 5 4 3 35 36 31

2 1 6

33 34 35 36 31 32 33 34 35 36

4 3 2 1 6 5 4 3 2 11 12

7 8 9 10 11 12 7 8 9 10 11 12 7 8 9 10 11

14 13

18 17 Belfield

16 15 14

23 24 19 20 21 22 23

13 18 17 16

24 19 20 21

14 13 18 17

23 24 19 20

15 14

22 23

T139N.R100W

2025-2026 DASK Survey Locations

2025-2026 DASK Survey Locations Dakota Prairie

Grasslands OPTION Periods One & Two

New Town

Alexander Watford City Arnegard

Killdeer Halliday

Manning

Sentinel Butte Medora

Belfield South Heart GladstoneTaylor Dickinson

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CLAUSES

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

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; 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.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (DEC 2023)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31

U.S.C.3903 and 10 U.S.C. 3801)

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-

78 (19 U.S.C. 3805note)).

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

[Contracting Officer check as appropriate.] ☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I

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

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

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

(Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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☒ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (Whistleblower Guidance to Contractor Employees)

☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

☐ (6) [Reserved].

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

Div. C).

☐ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)

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

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

R of Pub. L. 117-328).

☐ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders – Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts (Dec 2023) (Pub. L. 115-390) ☐ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition. (Dec 2023)

(Pub. L. 115-390, title II) ☐ (ii) Alternate I (Dec 2023) of 52.204-30.

☒ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

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

☐ (14) [Reserved].

☐ (15) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.657a).

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

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

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

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

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

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

☐ (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)).

☐ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

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

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

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

☐ (v) Alternate IV (Sep 2023) of 52.219-9.

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

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

☐ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s) [Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15

U.S.C. 657f).

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☒ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023) (15 U.S.C.

632(a)(2)) .

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

☐ (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)) .

☐ (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m))

☐ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r))

☐ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)) .

☒ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755) .

☒ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023) (E.O.13126).

☒ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) .

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

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

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

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

☒ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

☐ (ii) Alternate I (Jul 2014) of 52.222-36.

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

☐ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496) .

☒ (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.

13627) .

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

☐ (40) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

☐ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693) .

☐ (44) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Oct 2015) of 52.223-13.

☐ (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

☐ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

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☐ (47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-16.

☒ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

☒ (52)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

☐ (ii) Alternate I (Oct 2022) of 52.225-1 ☒ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

☐ (ii) Alternate I [Reserved] ☐ (iii) Alternate II (Dec 2022) of 52.225-3.

☐ (iv) Alternate III (Nov 2023) of 52.225-3.

☐ (v) Alternate IV (Oct 2022) of 52.225-3.

☐ (54) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasur y).

☐ (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

☐ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

☐ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services

(Nov 2021) (41 U.S.C.4505, 10 U.S.C.3805).

☐ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021)

(41 U.S.C.4505, 10 U.S.C.3805).

☒ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31

U.S.C. 3332).

☐ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul

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

☐ (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46

U.S.C. 55305 and 10 U.S.C. 2631).

☐ (ii) Alternate I (Apr 2003) of 52.247-64.

☐ (iii) Alternate II (Nov 2021) of 52.247-64.

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

Contracting Officer check as appropriate.] ☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.This Statement is for Information Only: It is not a Wage Determination

Employee Class

Monetary Wage/Fringe Benefits

☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May

2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.

chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

☒ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.

1792).

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

18 | P a g e settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

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

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712)

(iii) 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)).

(iv) 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).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition. (Dec 2023) (Pub. L. 115-390, title II)

(B) Alternate I (Dec 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

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

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

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

E.O 13627).

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

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

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

2022).

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

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

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

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

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

Additional Requirements/Terms and Conditions:

Clauses:

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

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

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor at any time prior to contract expiration.

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor at any time prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

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52.223-2 Affirmative Procurement of Biobased Products Under Service And Construction Contracts (SEP 2013)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018)

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

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

52.245-9 Use and Charges (APR 2012)

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses:

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

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

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

52.252-6 Authorized Deviations in Clauses (NOV 2020)

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

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

452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from Date of Award through November 8, 2024.

Option Period One: November 9, 2024 – November 8, 2025. Option Period two: November 9, 2025 – November 8, 2026.

452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 30 days after the date of contract award. The conference will be held at a date and time to be determined.

452.237-74 Key Personnel (FEB 1988)

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(a) The Contractor shall assign to this contract the following key personnel: Head Field Surveyor.

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

After the initial 90-day period, the Contractor shall submit the information required by paragraph

(c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

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PROVISIONS

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:

Price, past performance and capability to accomplish this type of work (relevant services).

Past performance and experience when combined are of equal importance as price. The experience questionnaire will be used as part of the evaluation.

(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.

52.217-5 Evaluation of Options. (July 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (NOV 2023) (DEVIATION NOV 2022)

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 Items, 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

23 | P a g e 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 .

52.204-7 System for Award Management (OCT 2018)

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

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 Items. 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…