1240LQ23Q0072.pdf

Vault Toilet Pumping - 1240LQ23Q0072, Grand Valley, GMUG NF Page 1 of 26

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued as an RFQ.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02.

(iv) This procurement is set aside for small businesses. The NAICS code is 562991 and the Small Business Size Standard is $8.0.

(v) Schedule of Items/Price Schedule

Project Description: Vault Toilet Pumping for Grand Valley

Vendor Name: _________________________________Vendor UEI:___________________

In the schedule of items below please indicate your lump sum pricing for each location you will be pumping. This price should include all travel and pumping fees. Dumping fee must be filled out on the table at the bottom of page 3.

Line Item Location Description/Location Number of Vaults

Approx.

Vault Size

Estimated Frequency

/year

Estimated Timeframe Annually to

Pump Toilets*

Miles from

Grand Juncti on

Price

39.067

-108.105 Old Mesa Ski Hill 2 1000 2 6/15; 10/15

Grand Mesa, Highway 65, Northern Boundary (39.067118 / -108.105599)

39.054

-108.092 West Bench aka

Jumbo TH 2 1000 2 6/15; 10/15

Grand Mesa, Highway 65, Near Mesa Lakes (39.054321 / -108.091681)

39.053 -108.099

Mesa Lakes RS – Septic Tank 1 1000

Once every 2 years

8/1

Grand Mesa, Highway 65, Near Mesa Lakes – lat/long in vicinity (39.052616 / -108.098734)

39.048

-108.087 Mesa Lakes Picnic

Ground 2 750 Once every 2 years

Grand Mesa, Highway 65, Old Mesa Lakes PG (39.048189 / -108.087064)

39.043

-108.067 Skyway TH 4 (two double vaults)

1000 2 7/1;10/15

Grand Mesa, Highway 65 (39.042976 / -108.066544) 6 39.028 Mesa Top North 2 1000 1 9/1 48

Vault Toilet Pumping - 1240LQ23Q0072, Grand Valley, GMUG NF Page 2 of 26

Item Location Description/Location Number of Vaults

Approx.

Vault Size

Estimated Frequency

/year

Estimated Timeframe Annually to

Pump Toilets*

Miles from

Grand Juncti on

Price

-108.049 Grand Mesa, Highway 65, 1st set of Toilets (39.028424 / -108.048849)

39.028

-108.048 Mesa Top – South 2 1000 1 9/1

Grand Mesa, Highway 65, 2nd set of Toilets (39.028344 / -108.047824)

39.023 -108.031 County Line TH

4 (two single vaults and one double vault)

1000 2

7/15;10/15

Grand Mesa, Highway 65, Delta/Mesa County Line – approx. loc.

(39.027798 / -108.031640)

39.043

-108.998 Crag Crest – West TH 2 1000 Once every 2 years

9/1

Grand Mesa, Highway 65 (39.042676 / -107.997727)

39.019

-107.999 Ward Creek

Reservoir Parking 2 750 2 7/15;10/15

Grand Mesa, Highway 65, South Side (39.018981 / -107.998903)

39.039

-107.987 Grand Mesa VC –

Septic Tank 1 2000 1 9/1

Grand Mesa, Highway 65, FDR #121 (39.039587 / -107.986603)

39.038

-107.974 Ward Way PG 2 750 1 9/1

Grand Mesa, Near Ward Lake (39.037771 / -107.974366)

39.037 -107.975

Ward Lake RS – Septic Tank 1 1000

Once every 3 years

Grand Mesa, South toward Grand Mesa Village – in vicinity (39.036779 / - 107.975178)

39.076

-107.966 Cottonwood Boat

Launch 2 750 1 8/1 56/75

Grand Mesa, shorter if using 64.6/330. (39.075615 / -107.965588)

38.997 -108.112

Carson Lake (Off Lands End) 2 1000

Once every 2 years

Grand Mesa, Off Lands End Road, 5 miles from Highway 65 (38.996564 / - 108.112064)

39.025 -108.224

Lands End Observatory 2 1000

Once every 4 years

58/39

Grand Mesa, 12 miles from Hwy 65, shorter via Lands End Rd (39.024742 / -108.224236)

17 39.012 -108.233 Wild Rose Trailhead 2 1000

Once every 3 years

62/35

Vault Toilet Pumping - 1240LQ23Q0072, Grand Valley, GMUG NF Page 3 of 26

Item Location Description/Location Number of Vaults

Approx.

Vault Size

Estimated Frequency

/year

Estimated Timeframe Annually to

Pump Toilets*

Miles from

Grand Juncti on

Price

Grand Mesa, Below Rim of Lands End, shorter via Lands End Rd (39.012219 / -108.233072)

38.868

-108.763 Fruita Division –

Fruita PG 2 750 Once every 3 years

Monument Road, D S Rd, 16.5 Rd (38.867747 / -108.762615)

38.850

-108.756 Fruita Division –

Reservoir #1 2 750 Once every 3 years

Monument Road, D S Rd, 16.5 Rd (38.850426 / -108.756313)

38.862

-108.769 Fruita Division –

Reservoir #2 2 750 Once every 3 years

Toilet In vicinity (38.862201 / -108.768982)

38.855

-108.780 Fruita Division –

Haypress 2 750 Once every 3 years

Intersection of FSR 400.0 and 400.2C (38.854986 / -108.780400)

38.684 -108.689

Uncompahgre – Divide Forks CG 2 1000

Once every 3 years

Highway 141 – Pump same time as Cold Springs RS (38.684364 / - 108.689559)

38.650 -108.674

Cold Springs RS – Septic Tank 1 1000

Once every 3 years

Uncompahgre- Pump same time as Divide Forks CG – in vicinity (38.650117 / -108.673904)

24 Shirt Tail Point 2

1 10/ 1 57/38 cont

Grand Mesa, 11 miles from Hwy 65, shorter via Lands End Rd (1 mile before Lands End Observatory)

57/38

(Note: Uses I-70 at Horizon in Grand Junction as starting point (39.111718 / -108.540008) for mileage.

Septic Tank locations are approximate within the site of the Ranger Station. Some toilets are approximate, due to recent construction or uncertainty of location from satellite imagery. You may enter these coordinates to locate the facility and to get directions and approx. travel times in numerous mapping programs on the internet.)

Emergency Pumping $

Dumping Fee per Gallon $

Vault Toilet Pumping - 1240LQ23Q0072, Grand Valley, GMUG NF Page 4 of 26

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

1. Background The U.S.D.A. Forest Service, Grand Mesa, Uncompahgre and Gunnison National Forests (GMUG NFs) have a requirement for Vault Toilet Pumping. The GMUG NFs seek to streamline the acquisition process by taking advantage of strategic procurement of these services.

2. Description of Agreement

Multiple Blanket Purchase Agreements (BPA) may be established to provide for Vault Toilet Pumping at USDA Forest Service managed recreation sites located in Delta, Gunnison, Hinsdale, Mesa, Montrose, Ouray, and Saguache Counties, Colorado as identified in the Schedule of Items.

The contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision and other incidentals necessary to perform the services listed.

The BPA will be reviewed annually.

These services are normally required before and during the operating season, which normally runs from June 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. Occasional emergency pumping may be required outside the normal workday constraint. Response time for any emergency will be by mutual agreement between the Government and Contractor.

The number of sites and frequency of service may be increased or decreased throughout the life of the BPA and are subject to the changes clause.

There are several different vault toilet designs including:

• Single unit/single vault

• Double unit/double vault

• Double unit/single vault

• Septic Systems

Vault capacity is identified in the schedule of items above. Vaults need to be 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.

3. Extent of Obligation

The Government is only obligated to the extent of authorized calls actually placed against this BPA by authorized personnel, against authorized items.

Vault Toilet Pumping - 1240LQ23Q0072, Grand Valley, GMUG NF Page 5 of 26

4. Purchase Limitations

BPA Calls should not exceed $250,000 annually.

The limitation for each individual call order under this BPA shall not exceed $50,000.

5. Individuals Authorized to Order Under this BPA

- Any Intermountain FPO Contracting Officer/Contracting Specialist/Purchasing Agent

*Government micro purchase card may be used for emergency orders not to exceed $2,500.

6. Delivery tickets All Order under this agreement shall be accompanied by an itemized invoice and shall contain the following information:

(i) Vendor Name.

(ii) Contact information email and phone number

(iii) BPA number and BPA Call Order number

(iv) Date of service.

(v) Itemized list of services corresponding to the Schedule.

(vi) Quantity, unit price and extension of each item

Additional dump fee tickets shall be submitted with invoice. Tickets must show the location(s) from which the sewage was pumped.

7. Invoices An individual invoice will be required for each delivery or as specified and allowed by each call. The “Submit Invoice-to” address for all orders is the Department of Treasury’s Invoice Processing Platform (IPP). The Contractor shall register and submit all invoices via IPP unless otherwise noted in an individual call. This platform is managed by the U.S. Department of Treasury and additional information is available at this website: https://www.ipp.gov/index.htm.\

Vendors register at: https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account.

8. Placement of Calls

Agency personnel authorized to place calls against this BPA MUST furnish a list of calls placed to the COR and Contracting Officer monthly.

9. Completion Date of Calls

The completion date for calls shall be established when each call is placed.

10. Payment and Acceptance https://www.ipp.gov/index.htm./ https://www.ipp.gov/vendors/enrollment-vendors.htm

Vault Toilet Pumping - 1240LQ23Q0072, Grand Valley, GMUG NF Page 6 of 26

Payments will be made through (Electronic Funds Transfer (EFT) via IPP (see Paragraph 8 above) unless otherwise noted on a specific call.

11. Cancellation of BPA

The United States Government reserves the unilateral right to cancel this BPA by providing written notification to the Contractor.

The Contractor may withdraw from this BPA upon written request to the Contracting Officer.

Withdrawal from the BPA does not affect awarded calls.

12. Points of Contact and Mailing Address

Molly Donoghue, Purchasing Agent USDA Forest Service 1617 Cole Blvd. Building 17 Lakewood, CO 80401 molly.donoghue@usda.gov

13. Period of Performance

Date of Award estimated 07/01/2023 through 05/31/2024 and may be renewed annually not to exceed 5 years.

The agreement shall be reviewed annually and updated as necessary 30 calendar days before expiration of date to conform to the requirements of the Federal Acquisition Regulation.

14. Modifying the BPA

This Blanket Purchase Agreement shall be changed only by modifying the agreement itself and not by individual orders issued under it. Only the Contracting Officer, or their designated successor, may modify this BPA.

15. Technical Specifications

Contractor Equipment shall meet or exceed these minimum requirements:

1. Pumper tank capacity of 1500 gallons.

2. Vacuum pump.

3. 3-inch diameter intake valve and 200 feet of hose.

4. Long handled grappling device.

5. Capability of carrying extra water for cleaning purposes and for re-charging.

6. Back-up warning devices.

Pumping Procedures when an outside Manhole is Available mailto:molly.donoghue@usda.gov

Vault Toilet Pumping - 1240LQ23Q0072, Grand Valley, GMUG NF Page 7 of 26

As long as the outside pump-out access is in excess of 20 inches in diameter (or 20 inches square) the Contractor shall not be allowed to remove the vault contents through the toilet riser.

After removing the manhole cover, use the clam rakes or long handles grabber to remove as much of the debris as possible before trying to pump out the waste. This procedure will help stir up the contents of the vault and breakup the dense concentration of waste typically located just under the toilet riser (the impact zone).

By removing most or all of the debris before pumping, the Contractor will find that the hose will not clog so often, and the liquid portion of the contents will not be removed before the thicker solids are removed.

All Debris Removed From The Vault Shall Be Placed Into A Leak Proof Container So That No Contamination To The Surrounding Ground Will Result.

If the bottom of the vault is flat, then the waste shall be removed down to within 4-5 inches of the bottom.

At this point the hose will begin to suck air (vortexing) and further removal will be slow. At this time remove any further debris that was not removed during the initial raking and removal. Using a high-pressure jet washer system, wash down the interior walls of the vault before the clinging debris has a chance to dry. If at this time there is a heavy concentration of solids on the bottom of the vault, use the high-pressure jet washer system to break up and dilute the solids and then pump this diluted waste, down again until the suction hose begins to suck too much air to make further pumping practical. The flat bottomed vault shall now be pre-charged with enough clean, fresh water to bring the depth of water up to 10 inches.

If the bottom of the vault is sloped (all vaults should be sloped a minimum of 1 inch per ft.), then pump the waste down (at the deep end) to where the hose begins to suck air. Remove any remaining debris and then go inside the building with the high-pressure jet washer system and wash the remaining waste down the sloped bottom. Wash down the vault walls from inside the building or from the outside manhole, whichever is easier. Now pump out the remaining waste and the water that was just added by the high-pressure jet washer until the suction hose begins to suck too much air to make further pumping impractical.

Pre-charge the vault with clean, fresh water so that there is 10 inches of water covering the bottom under the toilet riser. Add the recommended amount of Citrus deodorizer (or equivalent) to deodorize the remaining vault contents.

Thoroughly clean and disinfect all contaminated areas resulting from the pumping process. Either sweep or wash all waste that is deposited on the concrete surrounding the manhole cover, back into the vault if possible. The waste that runs off the edge of the concrete, onto the dirt or into the gravel edge, will be an attractant for flies, a potential health risk and an odor problem. This problem should be avoided. Clean thoroughly around the manhole cover gasket area and replace the cover. The manhole cover MUST fit with an airtight seal so that the venting process of the vault toilet is not interfered with. If there is not an airtight seal, the Contractor shall notify the COR and District Representative.

Pumping Through the Toilet Riser When There Is No outside Manhole

Vault Toilet Pumping - 1240LQ23Q0072, Grand Valley, GMUG NF Page 8 of 26

The Contractor shall remove the toilet riser prior to pumping or removing debris. The Contractor shall not remove debris through or pump through the toilet riser without removing the riser. Remove the debris and pump in accordance with 4-1.

Extra care shall be taken to prevent waste spillage onto the interior floor and wall surface while removing debris and while pumping. The toilet paper dispenser and toilet riser shall be protected from damage and the toilet paper shall be covered with a waterproof material prior to removing debris or pumping, in order to prevent the paper from getting contaminated.

During the final cleanup, the interior floor surface and any wall surface that was contaminated by waste shall be thoroughly disinfected. Again, every effort shall be made to sweep or wash the spilled waste back into the vault. The Contractor shall not allow the spilled waste to be washed or swept out through the front door because the waste will collect at the edge of the concrete and the dirt (or gravel) will become an attractant for flies, a possible health risk for barefoot persons and an odor problem. Thoroughly wash and disinfect both the inside and outside of the toilet riser and the seat and cover before replacing the riser. The toilet riser and seat shall be dry before the Contractor leaves the work site. Remove the waterproof covering that was protecting the toilet paper and make sure the paper did not get contaminated. If the paper did get contaminated, The Contractor shall notify the COR or District Representative. The door handles or knobs shall also be disinfected and dry before the Contractor leaves the job site.

Each unit shall be available for immediate use after the pumping and final cleanup. The Contractor shall not leave any toilet location until final cleanup is accomplished.

Offsite Disposal of Sewage and Debris The Contractor shall be properly licensed and shall be responsible for making disposal arrangements, including disposal of all effluent, debris, and trash, and payment of all fees.

Disposal shall conform to all Federal, State and Local laws and ordinances. COR shall approve all disposal sites before pumping begins.

The Contractor shall be responsible to prevent spillage and to haul all waste material (sewage and debris) in watertight containers. Handling of all waste material shall be in accordance with all applicable health regulations.

“The Contractor shall dispose of all effluent in a State approved water disposal facility and shall furnish certifications of written evidence that only such approved facilities are used. Dumping at sanitary landfills shall not be permitted. No septic or vault waste shall be dumped on agricultural lands or private properties. Dumping shall only occur in Forest Service lagoons with written approval.”

Conduct of Personnel The Contractor and his/her employees shall make every reasonable effort to prevent interference with the normal use and occupancy of recreation areas while engaged in the performance of the agreement. Due to the nature of the duties under the agreement, the Contractor and his/her employees shall keep themselves and equipment presentable at all times. The Contracting Officer may, in writing, require the Contractor to remove from the work site any employee the Contracting Officer deems incompetent, careless, Vault Toilet Pumping - 1240LQ23Q0072, Grand Valley, GMUG NF Page 9 of 26 discourteous to the public or is otherwise objectionable, or for theft, possession and/or removal of materials, supplies, equipment or any Government-owned property.

Resource Damage Any damage or defacement that occurs to government property or land resources during the Contractor’s operations shall be repaired at the Contractor’s expense to its original condition. Onsite Inspection will be made by the COR or District Representative prior to acceptance of work.

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

See Table below Schedule of items.

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

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

1) Vendors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/

2) Quotes submitted in response to this solicitation shall include a technical response, a price, and contractor representations and certifications.

a) Past Performance – provide a list of similar services or customers completed by your firm over the past three years. Include a brief description of the project, dollar amount, year completed, and project owner contact information (name, phone, and email). The government may use past performance information from any available source. If a company does not have past performance information available, information may be provided for predecessor companies, key personnel, or subcontractors. In the event that there is no past performance information available, the offeror will receive a neutral rating in this factor.

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

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

3) Submit offer by email to molly.donoghue@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Technical Proposal, Price Proposal, and Representations and Certifications) in Microsoft Word, Excel, or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer from Molly Donoghue.

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

Vault Toilet Pumping - 1240LQ23Q0072, Grand Valley, GMUG NF Page 10 of 26

4) Address questions about this solicitation to Molly Donoghue at molly.donoghue@usda.gov.

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

Replace (f)(2)(i) with the following:

Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. Delete 52.212-1 (f)(2)(i) paragraphs A, B, & C.

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

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

Past Performance and Price.

Past performance and price, when combined, are equal.

(b) 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.

Vault Toilet Pumping - 1240LQ23Q0072, Grand Valley, GMUG NF Page 11 of 26

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

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Provision) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

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

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in

Vault Toilet Pumping - 1240LQ23Q0072, Grand Valley, GMUG NF Page 12 of 26 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.

Vault Toilet Pumping - 1240LQ23Q0072, Grand Valley, GMUG NF Page 13 of 26

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

52.209-7 Information Regarding Responsibility Matters (OCT 2018) )(Provision)

(a)Definitions. As used in this provision— Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b)The offeror ☐ has ☐does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c)If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, Vault Toilet Pumping - 1240LQ23Q0072, Grand Valley, GMUG NF Page 14 of 26 and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i)In a criminal proceeding, a conviction.

(ii)In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii)In an administrative proceeding, a finding of fault and liability that results in– (A)The payment of a monetary fine or penalty of $5,000 or more; or (B)The payment of a reimbursement, restitution, or damages in excess of

$100,000.

(iv)In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d)The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov. See 52.204-7.

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (DEC 2022) (DEVIATION DEC 2022) (DEVIATION NOV 2022) (Provision) [If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:] (b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

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

https://www.sam.gov/ https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf file:///C:%5CUsers%5Cmelissaajohnson%5CDownloads%5C(DEVIATION%20NOV%202022)%20%E2%80%93%20Offerors%20that%20are%20representing%20as%20joint%20ventures%20should%20submit%20their%20socio-economic%20status%20in%20the%20space%20provided%20above%20until%20such%20time%20that%20SAM.gov%20has%20been%20updated%20to%20include%20the%20joint%20venture%20representations%20contained%20within file:///C:%5CUsers%5Cmelissaajohnson%5CDownloads%5C(DEVIATION%20NOV%202022)%20%E2%80%93%20Offerors%20that%20are%20representing%20as%20joint%20ventures%20should%20submit%20their%20socio-economic%20status%20in%20the%20space%20provided%20above%20until%20such%20time%20that%20SAM.gov%20has%20been%20updated%20to%20include%20the%20joint%20venture%20representations%20contained%20within http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876

Vault Toilet Pumping - 1240LQ23Q0072, Grand Valley, GMUG NF Page 15 of 26

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

DEVIATION NOV 2022] Offerors that are representing as joint ventures should submit their socio-economic status in the space provided above until such time that SAM.gov has been updated to include the joint venture representations contained within provision 52.212-3 paragraph (c).

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

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

SAM.]

https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

Vault Toilet Pumping - 1240LQ23Q0072, Grand Valley, GMUG NF Page 16 of 26

(xi) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (DEC 2022) (DEVIATION 2017-1)

Addenda to 52.212-4:

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (MAR 2023) (DEVIATION 2017-

1, DEVIATION DEC 2022)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.

115-91).

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

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

(5) 52.232-40, 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.)

☐ (4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1)

☐ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf

Vault Toilet Pumping - 1240LQ23Q0072, Grand Valley, GMUG NF Page 17 of 26

☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ (8) 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).

☐ (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 (Oct 2022) (15

U.S.C.657a).

☐ (12) (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).

☐ (13) [Reserved] ☒ (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 2022) (15 U.S.C. 637(d)(2) and

(3)).(DEVIATION DEC 2022)

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).

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

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

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

☐ (v) Alternate IV (Sep 2021) of 52.219-9.

☐ (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 (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.

☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

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

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

☐ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023) (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 (Oct 2022) (15 U.S.C. 637(m)).

☐ (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 (Oct 2022) (15 U.S.C. 637(m)).

https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

Vault Toilet Pumping - 1240LQ23Q0072, Grand Valley, GMUG NF Page 18 of 26

☐ (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 (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☒ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022)

(E.O.13126).

☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (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.

☒ (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).

☒ (35) (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).

☐ (36) 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.)

☐ (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.

Vault Toilet Pumping - 1240LQ23Q0072, Grand Valley, GMUG NF Page 19 of 26

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

☐(ii) Alternate I (Oct 2022) of 52.225-1 ☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (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 (Jan 2021) of 52.225-3.

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

☐ (50) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (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. Subtitle A, Part V, Subpart G 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 (Feb 2021).

☐ (56) 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).

☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services

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

☒ (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 (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.

Vault Toilet Pumping - 1240LQ23Q0072, Grand Valley, GMUG NF Page 20 of 26

(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)…