1240LQ24Q0031 SOL.pdf

1240LQ24Q0031

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

03/14/2024 1118367

1 48

1617 COLE BLVD

LAKEWOOD CO 80401

USDA-FS CSA INTERMOUNTAIN 5

04/26/2024

USDA FOREST SERVICE

USDA-FS SAN JUAN NATIONAL FOREST

DOLORES RANGER DISTRICT

29211 HIGHWAY 184

DOLORES

CO 81323

800 832-1355DAVID RAAD

03/15/2024 1700 ED

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Period of Performance: 04/01/2024 to 04/19/2024

0001 Plateau Wolf Reforestation 681202

Delivery: 04/26/2024

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

(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 a Request for Quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-02.

(iv) This procurement is set aside for Small Business. The NAICS code is 115310 and the Small Business Size Standard is $7.5m.

(v) Schedule of Items/Price Schedule

Project Description: PLATEAU WOLF REFORESTATION

Vendor Name: __________________________________Vendor UEI:___________________

Statement of Work Mancos-Dolores Ranger District Plateau Wolf Reforestation 2024

A. SCHEDULE OF ITEMS

Mandatory Schedule/Deliverables

Item No. Description of Work Unit Quantity Unit Price Total Cost

001(215 Unit) Average spacing range: 12’ x 12’; Trees per acre est.

300 (price includes scalping) Acre 106.4

TOTAL

Optional Schedule/Deliverables

Item No. Description of Work Unit Quantity Unit Price Total Cost

002 (Dire Wolf) Average spacing range: 12’ x 12’; Trees per acre est.

300 (price includes scalping) Acre 30.1

003 (Glade) Average spacing range: 12’ x 12’; Trees per acre est.

300 (price includes scalping) Acre 128.5

004 (Plateau) Average spacing range: 12’ x 12’; Trees per acre est.

300 (price includes scalping) Acre 79.2

TOTAL

B. SUMMARY

Summary of Work The FY 24 Plateau Wolf Reforestation contract covers 344.2 acres of spring planting with container stock in the San Juan National Forest.

Scope of Work

Item 1:

Plant approximately 344 acres with container stock. The planting will be accomplished by utilizing an average 12 x 12 spacing with variability. Spacing will vary from 5’ x 5’ to 20’ x 20’ to maximize shaded plantable spots. When a plantable spot is located a scalping of 24”x 24” shall be installed prior to planting. This includes removal of soft vegetation such as grass/forbs and Gambell oak and other woody brush species up to .5” caliper. The total acreage of item 1 is 344.2 acres and the total trees to be planted are approximately 103,200 seedlings.

The Contractor shall furnish all labor, equipment, supervision, workman’s compensation, unemployment insurance, transportation, supplies (expect those designated as Government-furnished) and incidentals, to perform all work necessary to plant seedlings in the areas specified. The contract includes tree handling, planting, and micro-siting. All aspects of the work program shall be performed in an organized, systematic manner to assure services shall be performed over the entire unit

Solicitation Number: 1240LQ24Q0024

Location

Plateau Wolf reforestation will take place on the Dolores Ranger District, San Juan National Forest. The project is broken into 4 areas 215, Direwolf, North Glade and Plateau.

Legal Descriptions

215 Area Planting: (001) Section 12. Township, 40 North. Range, 17 West. Dolores County, Colorado. New Mexico Principal Meridian.

Dire Wolf Area Planting (002) Sections 13, 14. Township, 40 North. Range, 16 West. Dolores County, Colorado. New Mexico Principal Meridian.

Glade Area Planting (003) Section 7. Township, 41 North. Range, 16 West. Dolores County, Colorado. New Mexico Principal Meridian.

Sections 1, 2, 11, 12, 14. Township, 41 North. Range, 17 West. Dolores County, Colorado. New Mexico Principal Meridian.

Plateau Area Planting: (004) Sections 25, 26, 34, 35. Township, 39 North. Range, 15 West. Montezuma County, Colorado. New Mexico Principal Meridian.

The trees will be stored in a tree cooler on at the Dolores Ranger District located at 29211 Hwy 184 Dolores Colorado, 81323. It will be the contractor’s responsibility to haul the trees from the tree cooler in a covered trailer to the units daily. The contractor should have a reflective tarp to temporarily store trees in the field during the day.

Period of Performance The anticipated contract period for this task order is 14 calendar days after the Notice to Proceed effective date is confirmed.

The anticipated work start date is 1 April 2024.

The anticipated period of performance is from 1 April 2024 through 31 May 2024*.

*CO includes additional time at the end of the performance period to allow adequate time for Government inspection and acceptance, contractor submission of final and invoice and preparation for administrative closeout actions to include receipt of final invoice and release of claims. Work for this project is expected to be completed by 15 May 2024.

The Contractor shall maintain progress at a rate that will assure completion within the stated contract time. The contract time will generally not exceed a required rate of progress exceeding that determined from the accepted work plan. If more than one area is available for planting, the Government may prescribe the planting sequence.

C. SPECIFICATIONS

Planting Specifications Summary

• Seedlings will be provided to the contractor by the Government.

• Seedlings shall be planted by hand using a Hoedad or similar tool

• Clearing and scalping is required. Prior to making the hole, remove all competing vegetation in a

24” square area around the plantable spot. Remove debris such as leaf litter, rocks, snow, and similar material. Once tree is planted, return debris material to the site to serve as mulch for the seedling.

• Micrositing is required when available to protect the seedlings from high solar insolation. Only natural shade materials will be used to provide shade. The preferred shade material is stationary;

however transportable natural shade materials are permitted when stationary shade materials are not available.

• Seedlings are to be planted on the north to east side of the shade material. Inspection quality will be negatively affected if seedlings are planted on either the west or south side of the shade material.

• Preferred planting spots are between 1 & 3 feet away from the bole of existing standing dead trees or stumps

• Secondary micro sites are within or immediately adjacent to clumps of brush

• Tertiary micros sites are near down trees or other natural stationary shade material (large rocks or stumps)

• Finally, if no other micro site condition is present in an area, transportable natural shade materials are required in so long as they extend at least 12” above ground level and are available in the general area.

• Unplantable locations should be left undisturbed

• Target spacing is 12 by 12 feet. Maximum distance is 20’, minimum distance between planted trees is 5 feet (when maximizing plantable areas)

• Target trees per acre is 302

• Do not plant closer than 6 feet from any standing tree with 30% or greater live crown

• The contractor will be responsible for handling the seedlings in accordance with FSH 2409.17

Chapter 2 while planting.

• Work will be monitored by Forest Service inspectors. A 2% area sample will be conducted during planting operations. The monitoring form and process is included below.

• The contractor will be required to provide a Quality Control plan, Work plan, Camping plan, and

Safety plan prior to issuance of the notice to proceed.

Work Statement Performance Standard

Government Method of Assessment

Incentives and Deductions for meeting the Standard

Tree Handling and Care C.4.2, and Tree preparation C.4.3

Trees are properly handled and cared for. Box temperatures are below 36 degrees F while in the Contractor’s possession. When violations occur, Contractor takes

COR and inspector will monitor operations and conduct random samples.

• The Contractor’s care and handling of trees will affect the performance assessment as either a positive or negative incentive.

• If Contractor meets the standard, no deduction.

• If Contractor does not meet the standard and/or take corrective action, the Government may assess liquidated or actual damages and provide adverse performance assessment.

Work Statement Performance Standard

Government Method of Assessment

Incentives and Deductions for meeting the Standard corrective action immediately.

Tree bundles are properly wrapped Bundles that are not properly wrapped are reworked.

Tree Planting C.4.4

Planting quality meets or exceeds performance standard of 90% quality.

COR or inspector conduct periodic inspection consisting of plots consistent with Planting Inspection (FSH 2409.17, 2.82, part 2).

• The Contractor’s planting quality will be reflected in the performance assessment as either a positive or negative incentive.

• If Contractor achieves 90% planting quality or greater, full unit price as incentive.

• If Contractor does not achieve at least 90% quality, Deductions may result in adverse performance assessment.

Quality Control C4.7.

Contractor maintains good quality control on all aspects of operation including tree handling, preparation and planting, artificial shade and ADC installation.

Actions not consistent with contract specifications are corrected as per the Quality Control Plan.

COR or inspector randomly sample and observe operations.

• The quality of Quality Control provided by the Contractor will be reflected in the performance assessment as either a positive or negative incentive.

• If the Contractor fails to meet standards, work may be suspended or the Contractor put in Default for failure to take corrective action immediately and result in adverse performance assessment.

Contractor’s plot inspections are +/- 5% of Government’s quality. Inspection completed to meet timeframes.

Inspection records are complete and accurate.

COR or inspector randomly sample and observe Contractor inspection. Reviews Contractor inspection sheets daily.

• The ability of the Contractor to meet the standard will be reflected in the performance assessment as either a positive or negative incentive.

• When Contractor’s plot inspections meet standards, no deduction.

• If quality does not meet standard, deduction (Section G) and/or additional costs to the Government will be assessed.

Work Plan and Schedule C.4.10.

Work meets schedule as per the accepted work plan.

COR and inspector conduct periodic monitoring.

• The Contractor’s ability to maintain the work schedule and complete work on schedule will be reflected in the performance assessment as either positive or negative incentive.

• Work not completed on schedule is

Work Statement Performance Standard

Government Method of Assessment

Incentives and Deductions for meeting the Standard subject to Default and may result in assessment of actual costs.

INSTRUCTIONS

1. Locate and mark the plot center on the ground.

Sample Inspection Sheets

PLANTING INSPECTION SHEET – CONTRACT AND FORCE ACCOUNT (FSH 2409.17)

FOREST

DISTRICT

INSPECTOR

CONTRACT NUMBER

COR

PLOT

SIZE

STAND

NUMBER

CONTRACTOR

SUB ITEM

NUMBER

ACRES

AVERAGE

SPACING

MAX TREES/

PLOT SHEET

NUMBER OF

D A

TE

Pl ot

N o.

(2) 3 4 5 6 7 8 9 1

Remarks Examine & Tally Planted Trees

D es ire d

N o.

o f

Pl t bl S t

N

U np la nt ab le

A ct ua l N bl

M ax im um ll bl T

P la nt ed

W as te d

T re es S ta tis

A b G d N o.

T re es

D ug

Tr ee s S ta tis

B l

G d

1 2 3 4 5 6 7 8 9 1

*First line for above ground.

Second line for below ground. TOTALS FINAL %

2. Locate and examine planted trees for above ground criteria. Record results in column 2 of inspection form.

Above Ground

√ Satisfactory Planting spot selection S Spacing violation P Planting spot selection X Shade violation or protection (microsite) violation D Planting depth A Stem position – improper angle F Firmness, tree improperly tamped, loose C Scalping or clearing or planting spot preparation violation W Wrong species T Cull Tree

3. Determine from table 1 the average number of desired plantable spots for the plot based on the specified average spacing. Record results in column 3.

4. Determine and record in column 4 the number of spots void of planted trees that are unplantable due to acceptable existing natural regeneration or on-the-ground conditions. (Refer to definitions in supplement to the General Provisions.)

5. Subtract column 4 from the average number of planting spots and record the difference as the actual number of plantable spots on which trees should be planted on the plot in column 5.

6. Determine the maximum number of allowable trees from table 2 and record in column 6.

7. Record the number of trees planted on the plot from column 2 in column 7.

8. Determine wasted trees by subtracting the maximum number of allowable trees in column 6 from those planted

(column 7) and if more than zero, record in column 8.

9. Record the number of planted trees meeting the above-ground contract specifications from column 2 in column

9. The maximum number of satisfactory trees to be credited shall not exceed the maximum number recorded in column 6.

10. Determine and dig at least the minimum number of trees from those determined satisfactory above ground in accordance with table 3 and record in column 10. The trees will be dug starting with those closest to the plot center and progressing outwards.

11. Tabulate below ground results in column 2 and record the number of trees meeting below-ground contact specifications in column 11.

Below Ground √ Satisfactory F Firmness – air pockets, tree improperly tamped, loose R Roots configuration violation L Altered root length violation M Foreign material in planting hole O Planting hole orientation violation

12. Planting Quality Percent = Column 9 x Column 11 x 100

Column 5 Column 10

SAMPLE PLANTING INSPECTION SHEET – CONTRACT AND FORCE ACCOUNT (FSH 2409.17)

FOREST

Kootenai

DISTRICT

Cascade

INSPECTOR

R. Needles

CONTRACT NUMBER

R1-00020-03

COR

P. Greenup

PLOT

SIZE 1/50th ac

STAND NUMBER

20003001

CONTRACTOR

TreesRUs, Inc

SUB ITEM

NUMBER 3.1

ACRES

AVERAGE

SPACING 12x12

MAX TREES/

PLOT 7 SHEET

NUMBER 1 OF 1

D

TE

ot

N

(2) 3 4 5 6 7 8 9 1

Remarks Examine & Tally Planted Trees

D es ire d

N o.

o f

Pl t bl

U np la nt ab le

A ct ua l N bl

M ax im um ll bl

P la nt ed

W as te d

T re es S ta tis

A b G d N o.

T re es

D ug

Tr ee s S ta tis

B l

G d

1 2 3 4 5 6 7 8 9 1

5/1 1 C √ √ √ √ √ 6 0 6 7 6 0 5 Small scalp

√ √ 2 2

2 √ √ √ √ √ √ √ 6 1 5 6 7 1 6

√ M 2 1 Rotten wood in hole

3 √ X √ √ √ 6 0 6 7 5 0 4 Did not shade by stump

√ √ 2 2

4 √ √ √ √ √ S √ 6 2 4 5 7 2 5 Seedlings too close

√ √ 2 2

5 √ √ √ √ √ √ √ 6 0 6 7 7 0 7

√ F √ 3 2 Air pocket

6 √ √ X √ √ D 6 0 6 7 6 0 4 No shade; shallow planted tree

√ √ 2 2

7 √ √ √ √ √ √ √ 6 0 6 7 7 0 7

√ √ √ 3 3

8 √ √ √ √ √ √ √ 6 1 5 6 7 1 6

√ √ 2 2

9 √ √ √ √ √ √ √ √ 6 0 6 7 8 1 7

√ L √ 3 2 Roots were trimmed

√ √ √ √ 6 3 3 4 4 0 4 Acceptable established trees on plot

√ √ 2 2

*First line for above ground.

Second line for below ground. TOTALS 60 7 5

5 5

FINAL % = 90%

Calculation: Col 9 x Col. 11 x 100 = 55 x 20 x 100 = 90.235 Wasted trees on plots = 5 Col. 5 Col. 10 53 23 Submitted by Rob Needles, Inspector. 5/2/2003 All information is correct and complete.

SAMPLE PLANTING INSPECTION AND EXPLANATORY NOTES

Note that the Contractor filled out the Inspection Sheet header completely. The Forest, District, Contract Number, COR, Stand Number, Subitem, Acres, and Avg. spacing are information provided by the Government either directly or within the contract.

The Contractor provided the name of the (Contractor) Inspector, plot size, max trees/plot (based on contract tables), sheet number, and calculated the final quality. The Contractor assured that all columns and math were correctly done. The Contractor’s inspector signed and dated the inspection records and certified that the information was correct and accurate.

Based on the sample Inspection Sheet, the plot information was completed based on these observations:

Plot 1: Six trees were planted on the plot. The first tree did not have the required scalp width and received a C for scalping/clearing violation. Other trees were satisfactory above ground. There were no voids on the plot greater than 144 sq feet (12 x 12 spacing), so –0- unplantable spots are recorded. The inspector dug two trees, which is the minimum number based on 5 satisfactory trees in the above ground inspection. Both were properly planted.

Plot 2: There were seven planted trees on the plot, all satisfactory above ground. The inspector found a void on the plot with no trees that was larger than 144 sq. ft. The inspector checked for plantability and it unplantable. One unplantable spot was recorded. This caused one wasted tree in column 8. Note that the satisfactory trees recorded in column 9 is six (not seven- cannot exceed the maximum allowable trees, col.

6). In the below ground inspection, a piece of rotten wood was found in the hole, which is a foreign material violation (F).

Plot 3: There were five planted trees. One tree was not planted by a stump, which was a shade violation

(X) since the contract required that all trees be planted by stationary shade when it is available. There were no voids on the plot of 144 sq, ft that were unplantable. The two sample trees that were dug were satisfactorily planted based on below ground requirements.

Plot 4: There were seven planted trees. Two trees were planted five feet apart (minimum spacing was 50% of 12 feet or 6 ft). A spacing violation (S) is recorded for one of the trees. The other trees were satisfactory. The inspector found two voids on the plot that were unplantable, each at least 144 sq ft (approximate square or circle), and recorded –2- unplantable spot in column 4. Based on only four planting spots, the maximum allowable trees is five. Since seven trees were planted, two trees are wasted.

Only five trees are recorded in column 9. Two trees were dug and both were properly planted.

Plot 5: Seven trees were planted and all were satisfactorily planted above ground. There were no unplantable voids equal to 144 sq. ft. The below ground inspection revealed an air pocket in the lower part of the hole which is a Firmness violation (F).

Plot 6: There were six trees planted. One tree was not shaded which is a shade violation (X) since the contract required shade when it was available. Another tree was planted high with the root collar above the ground surface so a depth violation (D) was recorded. Four trees are identified as satisfactory. Based on this, two trees were dug from the four that were satisfactory above ground; and found to be planted properly.

Plot 7: There were seven trees planted all of which were satisfactory. No unplantable voids existed.

Three trees were dug based on seven satisfactory trees; they were satisfactory.

Plot 8: Seven trees were planted all of which were satisfactory. Although they tended to be closer than 12 feet apart, they were not closer than 6 feet apart, so no violation occurred. There was a void on the plot about 14x14 in size with no trees, and was found to be unplantable after the inspector checked for plantability. One unplantable spot was noted. Since seven trees were planted but the maximum number of allowable trees is six (due to one unplantable spot), there is one wasted tree in column 8. Only six trees count as satisfactorily planted above ground (cannot exceed col. 6), thus two trees were dug and were satisfactory.

Plot 9: Eight trees were planted. They tended to be closer than 12 feet apart but were not closer than 6 feet, thus no violation. There were no unplantable voids on the plot. The maximum allowable trees is seven, thus one wasted tree is recorded in col. 8. Three trees were dug based on seven satisfactory planted trees (cannot exceed col. 6). The roots on one of the trees had been stripped either during planting or before planting. (if before planting, the planter should not have planted the tree) resulting in a violation for altered root length (L).

Plot 10: Four trees were planted, and each was satisfactorily planted. Almost half of the plot could not be planted because there were small trees that met the requirements for acceptable established trees. This accounted for about three areas of 12x12 feet in size that were taken up with the residuals accounting for three unplantable spots. Two trees were dug and found to be satisfactory.

Following the inspection, all numbers were checked and totaled. The final quality is calculated based on the equation provided on the backside of the inspection sheet.

Evaluation: It should be noted that as a final inspection, the Contractor failed to meet the required 93% quality for acceptable work. He would receive –10% of the bid price for this unit or payitem depending on how the contract is written. Although the Contractor over-planted, it helped to compensate for the above ground errors. It was the below ground errors that caused work to be unacceptable.

The over-plant also resulted in 5 wasted trees on the plots, which computes to 25 trees per acre that are excess. The Contractor should be assessed the wasted tree charges.

Detailed Schedule

Attachments:

1. Area Map

2. Vicinity Maps

D. SPECIAL CONSIDERATIONS

Typical Weather Conditions/Access Constraints

The access road is paved turning to gravel, turning into native surface. Depending on snow pack and rate of melt, the road may be muddy. The gate at the bottom of the NFSR 504 switchbacks may be closed as well as the gate on FSR 526, in which case administrative access may be granted if conditions allow, but the gate must be kept closed to the public. Work site is at 7,000 + ft.

Wage Determination

This work uses SCA Wage Determination (WD) 1976-1351, v63, Dated 10/20/21 for Colorado state.

PROJECT LAYOUT AND CULTURAL SURVEYS

The Project Area has been surveyed for all cultural sites however, should any unknown heritage or cultural sites be discovered during operations, the Contractor should immediately stop treatment in that area and contact the COR who will notify the District Archaeologist.

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

Addenda to provision 52.212-1:

(Contracting Officers should indicate any changes or additions to provision 52.212-1 here. Instructions for preparing technical proposals that address the factors in 52.212-2 and submitting an offer can be included here.)

Sample Language:

Addenda to Provision 52.212-1:

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

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

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

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

a) Technical Proposal – The technical proposal shall address the evaluation factors in 52.212-2. At a minimum technical proposal shall include:

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

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

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

c) Representations and Certifications – Fill in the check boxes for provisions 52.204-24, 52.204-29, 52.209-7, 52.212-3, and Employment of Eligible Workers- Workforce Certification found in paragraph x of this solicitation and include a copy with your offer.

(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:

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration https://www.sam.gov/SAM/ 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.

(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 performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

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

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

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

52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (Dec 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures.

(1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

https://www.acquisition.gov/far/part-52#unique_629880050 https://www.acquisition.gov/far/part-52#unique_629880050 https://www.sam.gov/ https://www.acquisition.gov/far/part-52#unique_629880050 https://www.acquisition.gov/far/part-4#FAR_4_2303

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (NOV 2023) (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.

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/

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

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

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.]

Employment of Eligible Workers - Workforce Certification (Provision)

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

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

H-2B Workers: (http://www.foreignlaborcert.doleta.gov/)

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

http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876 https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf http://www.foreignlaborcert.doleta.gov/

Company will be utilizing H2B Workers (under any resulting contract of this solicitation. Provide a copy of Temporary Employment Certificate.) MSPA Workers: (http://www.dol.gov/whd/mspa/)

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

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

Transporting workers

Driving

Housing workers

Company has applied for a Certificate of Registration on ______________ .

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

State of ______________ No.______________

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

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

SIGNATURE: DATE:

PRINTED NAME: TITLE:

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

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 (DEC 2023) )[DEVIATION JAN http://www.dol.gov/whd/mspa/ https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf

2024]

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

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

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

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

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

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

2023) (31 U.S.C.3903 and 10 U.S.C. 3801)

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

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

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

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

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

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

3509)).

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

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

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

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

☐ (6) [Reserved].

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

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

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

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

Division R of Pub. L. 117-328).

https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK

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

☐ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition. (Dec 2023) (Pub. L. 115-390, title II) ☐ (ii) Alternate I (Dec 2023) of 52.204-30.

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

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

☐ (14) [Reserved].

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

U.S.C.657a).

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

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

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

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

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

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

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

(3)).

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

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

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

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

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

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

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

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

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

☐ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

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

☐ (25) 52.