1240LP21Q0022 SF1449 combined 1.26.2021.pdf
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
40LP
OGDEN UT 84401-2310
324 25TH ST
USDA-FS CSA INTERMOUNTAIN 4
82BG CODE 16. ADMINISTERED BYCODE
X
X
X
562991
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED OR40LP
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
02/11/2021 1200 MT
01/26/2021
307-674-2642BRAD CATRON
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
1240LP21Q0022
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 3 1022271OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
YAMPA CO 80483
PO BOX 7
YAMPA RANGER DISTRICT
DEPT OF AGRICULTURE FOREST SERVICE
15. DELIVER TO
OGDEN UT 84401-2310
324 25TH ST
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$8.00
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
USDA-FS CSA INTERMOUNTAIN 4
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Yampa Vault Pumping 2021 w/option years Period of Performance: 05/01/2021 to 04/30/2022
0001 Yampa RD Vault Pumping FY21
Delivery: 04/30/2022
0002 Yampa RD Vault Pumping FY22 Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
BRENDA OSTER
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
(Option Line Item)
Product/Service Code: S201
Product/Service Description: HOUSEKEEPING-
CUSTODIAL JANITORIAL
Delivery: 04/30/2023
Period of Performance: 05/01/2022 to 04/30/2023
0003 Yampa RD Vault Pumping FY23
(Option Line Item)
Product/Service Code: S201
Product/Service Description: HOUSEKEEPING-
CUSTODIAL JANITORIAL
Delivery: 04/30/2024
Period of Performance: 05/01/2023 to 04/30/2024
0004 Yampa RD Vault Pumping FY24
(Option Line Item)
Product/Service Code: S201
Product/Service Description: HOUSEKEEPING-
CUSTODIAL JANITORIAL
Delivery: 04/30/2025
Period of Performance: 05/01/2024 to 04/30/2025
0005 Yampa RD Vault Pumping FY25
(Option Line Item)
Product/Service Code: S201
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
3 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 3
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
1240LP21Q0022
Product/Service Description: HOUSEKEEPING-
CUSTODIAL JANITORIAL
Delivery: 04/30/2026
Period of Performance: 05/01/2025 to 04/30/2026
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
SECTION B – CONTINUATION OF SF-1449
Schedule of Items/Price Schedule
YAMPA RANGER DISTRICT (Base year 5/1/2021 to 4/30/2022)
Line Item
Area Location Number of
Toilets
Number of Vaults
Vault Size (Gallons)
Estimated Frequency/
Year
Miles From
Steamboat Springs, CO
Cost $
WEST SIDE
Vaughn Lake Campground
T.2N, R.88W, Section 22 1 2 1000
1 55
Trout Creek Recreation Area
T.3N, R.86W, Section 18 1 1 750
1 29
Chapman Campground
T.2N, R.86W, Section 31 1 1 1000
1 35
Crosho Lake Recreation Area
T.2N, R.86W, Section 4 1 2 1500
1 33
East Fork Trailhead
T.2N, R.88W, Section 12 1 1 1000
1 51
Sheriff’s Campground
T.2N, R.87W, Section 15 1 2 750
1 39
Dunckley Pass Interpretive TH
T.3N, R.87W, Section 28 1 1 1000
1 43
Yamcolo Reservoir Boat Ramp
T.1N, R.86W, Section 17 1 1 1500
1 40
Bear Lake Picnic Area
T.1N, R.86W, Section 20 1 2 750
2 41
Bear Lake Campground
T.1N, R.86W, Section 20 3 6 1000
2 41
Gardner Park Reservoir Dispersed
T.1N, R.86W, Section 23 1 1 1000 1
Horseshoe Campground
T.1N, R.87W, Section 26 1 1 1000
1 42
Cold Springs Campground
T.1N, R.87W, Section 26 1 1 1000
1 44
Stillwater Trailhead
T.1N, R.87W, Section 26 2 2 1000
2 45
Heart Lake Trailhead
T.1N, R.86W, Section 15 1 1 1000
1 35
Bear River Dispersed Site #5
T.1N, R.86W, Section 15 1 1 1000
1 34 bcatron Sticky Note Completed set by bcatron
Bear River Dispersed Site #12
T.1N, R.86W, Section 15 1 1 1000
1 36
EAST SIDE
Lynx Pass Guard Station
T.1N, R.83W, Section 27 1 1 1000
1 27
Red Dirt Recreation Area
T.3N, R.82W, Section 34 1 1 750
1 58
Rock Creek Recreation Area
T.1N, R.82W, Section 6 1 1 750
1 50
Blacktail Creek Campground
T.1N, R.82W, Section 9 1 1 1000
1 53
TOTAL $
YAMPA RANGER DISTRICT (Option Year 1 5/1/2022 to 4/30/2023)
Line Item
Area Location Number of
Toilets
Number of Vaults
Vault Size (Gallons)
Estimated Frequency/
Year
Miles From
Steamboat Springs, CO
Cost $
WEST SIDE
Vaughn Lake Campground
T.2N, R.88W, Section 22 1 2 1000
1 55
Trout Creek Recreation Area
T.3N, R.86W, Section 18 1 1 750
1 29
Chapman Campground
T.2N, R.86W, Section 31 1 1 1000
1 35
Crosho Lake Recreation Area
T.2N, R.86W, Section 4 1 2 1500
1 33
East Fork Trailhead
T.2N, R.88W, Section 12 1 1 1000
1 51
Sheriff’s Campground
T.2N, R.87W, Section 15 1 2 750
1 39
Dunckley Pass Interpretive TH
T.3N, R.87W, Section 28 1 1 1000
1 43
Yamcolo Reservoir Boat Ramp
T.1N, R.86W, Section 17 1 1 1500
1 40
Bear Lake Picnic Area
T.1N, R.86W, Section 20 1 2 750
2 41
Bear Lake Campground
T.1N, R.86W, Section 20 3 6 1000
2 41
Gardner Park Reservoir Dispersed
T.1N, R.86W, Section 23 1 1 1000 1
Horseshoe Campground
T.1N, R.87W, Section 26 1 1 1000
1 42
Cold Springs Campground
T.1N, R.87W, Section 26 1 1 1000
1 44
Stillwater Trailhead
T.1N, R.87W, Section 26 2 2 1000
2 45
Heart Lake Trailhead
T.1N, R.86W, Section 15 1 1 1000
1 35
Bear River Dispersed Site #5
T.1N, R.86W, Section 15 1 1 1000
1 34
Bear River Dispersed Site #12
T.1N, R.86W, Section 15 1 1 1000
1 36
EAST SIDE
Lynx Pass Guard Station
T.1N, R.83W, Section 27 1 1 1000
1 27
Red Dirt Recreation Area
T.3N, R.82W, Section 34 1 1 750
1 58
Rock Creek Recreation Area
T.1N, R.82W, Section 6 1 1 750
1 50
Blacktail Creek Campground
T.1N, R.82W, Section 9 1 1 1000
1 53
TOTAL $
YAMPA RANGER DISTRICT (Option Year 2 5/1/2023 to 4/30/2024)
Line Item
Area Location Number of
Toilets
Number of Vaults
Vault Size (Gallons)
Estimated Frequency/
Year
Miles From
Steamboat Springs, CO
Cost $
WEST SIDE
Vaughn Lake Campground
T.2N, R.88W, Section 22 1 2 1000
1 55
Trout Creek Recreation Area
T.3N, R.86W, Section 18 1 1 750
1 29
Chapman Campground
T.2N, R.86W, Section 31 1 1 1000
1 35
Crosho Lake Recreation Area
T.2N, R.86W, Section 4 1 2 1500
1 33
East Fork Trailhead
T.2N, R.88W, Section 12 1 1 1000
1 51
Sheriff’s Campground
T.2N, R.87W, Section 15 1 2 750
1 39
Dunckley Pass Interpretive TH
T.3N, R.87W, Section 28 1 1 1000
1 43
Yamcolo Reservoir Boat Ramp
T.1N, R.86W, Section 17 1 1 1500
1 40
Bear Lake Picnic Area
T.1N, R.86W, Section 20 1 2 750
2 41
Bear Lake Campground
T.1N, R.86W, Section 20 3 6 1000
2 41
Gardner Park Reservoir Dispersed
T.1N, R.86W, Section 23 1 1 1000 1
Horseshoe Campground
T.1N, R.87W, Section 26 1 1 1000
1 42
Cold Springs Campground
T.1N, R.87W, Section 26 1 1 1000
1 44
Stillwater Trailhead
T.1N, R.87W, Section 26 2 2 1000
2 45
Heart Lake Trailhead
T.1N, R.86W, Section 15 1 1 1000
1 35
Bear River Dispersed Site #5
T.1N, R.86W, Section 15 1 1 1000
1 34
Bear River Dispersed Site #12
T.1N, R.86W, Section 15 1 1 1000
1 36
EAST SIDE
Lynx Pass Guard Station
T.1N, R.83W, Section 27 1 1 1000
1 27
Red Dirt Recreation Area
T.3N, R.82W, Section 34 1 1 750
1 58
Rock Creek Recreation Area
T.1N, R.82W, Section 6 1 1 750
1 50
Blacktail Creek Campground
T.1N, R.82W, Section 9 1 1 1000
1 53
TOTAL $
YAMPA RANGER DISTRICT (Option Year 3 5/1/2024 to 4/30/2025)
Line Item
Area Location Number of
Toilets
Number of Vaults
Vault Size (Gallons)
Estimated Frequency/
Year
Miles From
Steamboat Springs, CO
Cost $
WEST SIDE
Vaughn Lake Campground
T.2N, R.88W, Section 22 1 2 1000
1 55
Trout Creek Recreation Area
T.3N, R.86W, Section 18 1 1 750
1 29
Chapman Campground
T.2N, R.86W, Section 31 1 1 1000
1 35
Crosho Lake Recreation Area
T.2N, R.86W, Section 4 1 2 1500
1 33
East Fork Trailhead
T.2N, R.88W, Section 12 1 1 1000
1 51
Sheriff’s Campground
T.2N, R.87W, Section 15 1 2 750
1 39
Dunckley Pass Interpretive TH
T.3N, R.87W, Section 28 1 1 1000
1 43
Yamcolo Reservoir Boat Ramp
T.1N, R.86W, Section 17 1 1 1500
1 40
Bear Lake Picnic Area
T.1N, R.86W, Section 20 1 2 750
2 41
Bear Lake Campground
T.1N, R.86W, Section 20 3 6 1000
2 41
Gardner Park Reservoir Dispersed
T.1N, R.86W, Section 23 1 1 1000 1
Horseshoe Campground
T.1N, R.87W, Section 26 1 1 1000
1 42
Cold Springs Campground
T.1N, R.87W, Section 26 1 1 1000
1 44
Stillwater Trailhead
T.1N, R.87W, Section 26 2 2 1000
2 45
Heart Lake Trailhead
T.1N, R.86W, Section 15 1 1 1000
1 35
Bear River Dispersed Site #5
T.1N, R.86W, Section 15 1 1 1000
1 34
Bear River Dispersed Site #12
T.1N, R.86W, Section 15 1 1 1000
1 36
EAST SIDE
Lynx Pass Guard Station
T.1N, R.83W, Section 27 1 1 1000
1 27
Red Dirt Recreation Area
T.3N, R.82W, Section 34 1 1 750
1 58
Rock Creek Recreation Area
T.1N, R.82W, Section 6 1 1 750
1 50
Blacktail Creek Campground
T.1N, R.82W, Section 9 1 1 1000
1 53
TOTAL $
YAMPA RANGER DISTRICT (Option Year 4 5/1/2025 to 5/1/2026)
Line Item
Area Location Number of
Toilets
Number of Vaults
Vault Size (Gallons)
Estimated Frequency/
Year
Miles From
Steamboat Springs, CO
Cost $
WEST SIDE
Vaughn Lake Campground
T.2N, R.88W, Section 22 1 2 1000
1 55
Trout Creek Recreation Area
T.3N, R.86W, Section 18 1 1 750
1 29
Chapman Campground
T.2N, R.86W, Section 31 1 1 1000
1 35
Crosho Lake Recreation Area
T.2N, R.86W, Section 4 1 2 1500
1 33
East Fork Trailhead
T.2N, R.88W, Section 12 1 1 1000
1 51
Sheriff’s Campground
T.2N, R.87W, Section 15 1 2 750
1 39
Dunckley Pass Interpretive TH
T.3N, R.87W, Section 28 1 1 1000
1 43
Yamcolo Reservoir Boat Ramp
T.1N, R.86W, Section 17 1 1 1500
1 40
Bear Lake Picnic Area
T.1N, R.86W, Section 20 1 2 750
2 41
Bear Lake Campground
T.1N, R.86W, Section 20 3 6 1000
2 41
Gardner Park Reservoir Dispersed
T.1N, R.86W, Section 23 1 1 1000 1
Horseshoe Campground
T.1N, R.87W, Section 26 1 1 1000
1 42
Cold Springs Campground
T.1N, R.87W, Section 26 1 1 1000
1 44
Stillwater Trailhead
T.1N, R.87W, Section 26 2 2 1000
2 45
Heart Lake Trailhead
T.1N, R.86W, Section 15 1 1 1000
1 35
Bear River Dispersed Site #5
T.1N, R.86W, Section 15 1 1 1000
1 34
Bear River Dispersed Site #12
T.1N, R.86W, Section 15 1 1 1000
1 36
EAST SIDE
Lynx Pass Guard Station
T.1N, R.83W, Section 27 1 1 1000
1 27
Red Dirt Recreation Area
T.3N, R.82W, Section 34 1 1 750
1 58
Rock Creek Recreation Area
T.1N, R.82W, Section 6 1 1 750
1 50
Blacktail Creek Campground
T.1N, R.82W, Section 9 1 1 1000
1 53
TOTAL $
PUMPING SERVICES FOR VAULT TOILETS AND SEPTIC SYSTEMS
Yampa RD Base Year (5/1/2021 to 4/30/2022) $ Yampa RD Option Year 1 (5/1/2022 to 4/30/2023) $ Yampa RD Option Year 2 (5/1/2023 to 4/30/2024) $ Yampa RD Option Year 3 (5/1/2024 to 4/30/2025) $ Yampa RD Option Year 4 (5/1/2025 to 4/30/2026) $
TOTAL $
Award may be split between two or more vendors, if it is the best value to the Government.
Provide information on type of service truck/equipment. Example: International 1900 gallon tank
Information on Service Truck #1: _________________________________________________________
Information on Service Truck #2: _________________________________________________________
Information on Service Truck #3: _________________________________________________________ Insert a checkmark (√) for each line-item you can provide services (listed by Ranger District).
OFFEROR INFORMATION
Company Name
Mailing Address
City, State, Zip
Telephone #
E-Mail Address
DUNS Number
Attach a brief narrative about your company to include years in business, geographic area covered, and profiles of key employees. Also include a summary of pricing for all of the line items selected, as well as for your minimum requirement to provide services.
Description of Requirement
This requirement is to provide pumping service for vault toilets and septic tanks at USDA Forest Service managed recreation sites located in the Yampa Ranger Districts in Routt, Grand, Rio Blanco, and Garfield Counties in Colorado as identified in the following Schedule of Items. This project includes the removal of all solid waste from vault toilets, with all waste being removed from the toilet site and deposited in a State approved sewage system. All cans, bottles and other foreign objects are to be placed in plastic garbage bags furnished by the Contractor and disposed of properly in accordance with current Local, State and Federal sanitary regulations. The contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, and other incidentals necessary to perform toilet pumping services.
These services are normally required before and during the operating season, which normally runs from April 1st through October 30th annually. Some locations also require services at the end of each season.
Additionally, some toilets are located at winter trailheads and may require winter pumping. Emergency services will be performed on a call as needed basis. Requests for pumping services will be made verbally by phone and/or by email by the designated COR and confirmed in the COR’s records. The contractor to pump at the designated location and shall notify the COR within 24 hours of the time the work is completed. Dump tickets, or other proof of proper disposal, may be requested to verify means of proper disposal. Tickets must be furnished within 48 hours via hard copy, scan/email, or fax to designated Forest Service representative. Tickets must show the location(s) from which the sewage was pumped.
The number of sites and frequency of service may be increased or decreased throughout the life of the Contract and are subject to the changes clause.
The recreation sites contain a total of 21 toilet locations.
There are several different vault toilet designs including:
• Single unit/single vault
• Double unit/double vault
• Double unit/single vault
TYPE/SIZE IN GALLONS:
• Single/1000 x 1 has one 1000 gallon vault
• Double/1000 x 2 has two 1000 gallon vaults.
All vaults have a maximum capacity of 1000 gallons and need pumped when they reach 80% Capacity, with 90% of the vault contents removed per standard commercial practices. All vault waste shall be disposed of at a commercial treatment facility off National Forest Lands. Applicable OSHA, State and Local laws and regulations will be followed. It shall be the responsibility of the Contractor to secure permission from local municipal plants to add such waste to their system with any cost to be at the Contractor’s expense.
Effort will be made to combine trips to pump restrooms in the same general location to save mileage and costs.
BioPreferred® Products: The purpose of the USDA BioPreferred® program is to promote the increased purchase and use of biobased products. The program is expected to promote economic development, creating new jobs and providing new markets for farm commodities. To the extent that the BioPreferred program achieves its purpose, the increased purchase of biobased products will also be expected to reduce petroleum consumption, increase the use of renewable resources, better manage the carbon cycle, and may contribute to reducing adverse environmental and health impacts.
http://www.biopreferred.gov/Biobased_Products.aspx
Defined by the 2002 Farm Bill, biobased products are commercial or industrial products (other than food or feed) that are composed in whole, or in significant part, of biological products, renewable agricultural materials (including plant, animal, and marine materials), or forestry materials.
Offerors shall include within their offer an affirmative statement of action(s) they would take during the performance of this contract to include the use of biobased products, such as cleaning agents, unless precluded by performance, cost, or availability. The use/ non-use of biobased products will not be an evaluation factor in any subsequent award; however, failure to address the subject matter within the proposal could render the proposal as non-responsive to the RFQ requirements.
Invoices - Contractor must service toilets within two (2) working days of the request and provide the Hahns Peak/Bears Ears or Yampa Ranger District with a statement showing number of toilets pumped by category and date pumped within 30 days of the end contract or with each request for payment. All invoices are to be submitted online via the electronic Invoice Processing Platform. CONTRACTOR MAY NOT INVOICE FOR WORK THAT HAS NOT YET BEEN COMPLETED. Payment will be made only for toilets pumped in the current billing cycle and will be made on the number of toilets pumped in each category.
Government Inspection – Inspection of the work shall be made by the COR or the Designated Inspector as the work progresses at such intervals as are necessary to insure compliance with the contract specifications and provisions. If work is unacceptable, the Contractor shall complete any remedial work required for acceptance. The Government will verbally notify the contractor within 48 hours of any non-acceptable work.
Location
Yampa Ranger District; see section D for detailed maps.
http://www.biopreferred.gov/files/FarmBill_2002.pdf
SECTION C - CONTRACT CLAUSES
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
52.204-13 System for Award Management Maintenance (OCT 2018)
52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018)
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 Items (JAN 2021) (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 items:
(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).
https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (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 items:
[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 (Jun 2020) (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.)
_X_ (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) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).
[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.
__ (ii) Alternate I (Mar 2020) of 52.219-3.
__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (Mar 2020) of 52.219-4.
__ (13) [Reserved] _X_ (14) (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.
__ (15) (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.
__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.
637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) of 52.219-9.
X (18) (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
__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).
[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.
__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).
[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.
_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).
(ii) Alternate I (MAR 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).
[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) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).
[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.
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).
X (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)
(DEVIATION JUL 2020) (E.O.13126).
_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
_X_ (32) (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.
__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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).
__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (37) (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.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (40) (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.
__ (41) (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.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
__ (43) (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.
_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).
__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (DEVIATION JUL 2020) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L.
103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112- 42, and 112-43.
__ (ii) Alternate I (May 2014) of 52.225-3.
__ (iii) (ii) Alternate II (May 2014) (DEVIATION JUL 2020) of 52.225-3.
__ (iv) (iii) Alternate III (May 2014) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C.
2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).
_X_ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).
__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).
__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).
__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.
637(d)(13)).
__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] _X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
_X_ (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
_X_ (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).
_X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).
_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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.
http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. 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 (Jun 2020) (41 U.S.C.
3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29
U.S.C.793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations
Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter
78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.
13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United
States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.
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 within 30 days [insert the period of time within which the Contracting Officer may exercise the option].
52.217-9 Option to Extend the Term of the Contract (Mar 2000)
(a)The Government may extend the term of this contract by written notice to the Contractor within 30 days ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b)If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c)The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 (five) (years).
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)
52.232-18 Availability of Funds (APR 1984)
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 May 1, 2021 through April 30, 2026.
SECTION D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
Yampa RD Vault Locations
SECTION E - SOLICITATION PROVISIONS
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
52.204-7 System for Award Management (OCT 2018)
52.204-16 Commercial and Government Entity Code Reporting (JUL 2016)
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020)
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 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm 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…
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