1240LR23Q0064 HTNF Truckee Watershed Botany Survey.pdf

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Botany Survey 1 DO

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452 of

Solicitation Number: 1240LR23Q0064

(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________. (Request for Quotation (RFQ)).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04.

(iv) This procurement is set aside for _Small Business__ The NAICS code is _541990___________ and the Small Business Size Standard is ___500_______.

(v) Schedule of Items/Price Schedule

Schedule of Items

Project Description: Botanical Survey Truckee Watershed Hazardous Fuels Reduction Project

Vendor Name: __________________________________Vendor UEI:___________________

Item Supplies/Services Qty Unit of Issue

Unit Price Total Price

0001 Truckee Watershed Plant Survey 9814 Acres

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

STATEMENT OF WORK

For

Botanical Survey

Truckee Watershed Hazardous Fuels Reduction Project

Humboldt-Toiyabe National Forest

Carson Ranger District, Carson City, Nevada

I. INTRODUCTION

The Truckee Watershed Hazardous Fuels Reduction (Truckee) Project may include targeted grazing, hand thinning, mechanical thinning, masticating, and understory and pile burning. The Truckee Project is part of a large landscape level project. The results of the survey will assist the Humboldt-Toiyabe National Forest in managing rare plants and sensitive habitat within the boundaries of the project area.

II. SCOPE

The main objectives include locating rare plant occurrences and weed infestations and compiling a plant species inventory for the project area. The contractor shall conduct field surveys for plant species of interest across 9,814 acres of the proposed project area. The intensity of field surveys will vary depending on the habitat types encountered within a given treatment unit. Intuitive Controlled surveys for Threatened, Endangered, or Proposed and Region 4 Forest Service Sensitive (TEPS) and other rare plant species of concern will be the most common survey method conducted. The contractor shall perform prefield research to determine areas of potential habitat for rare plant species within the project area. In addition, non-native, invasive plants discovered while conducting rare plant surveys and while travelling roads within the project area will be documented. The contractor shall document rare plant occurrences and weed infestations by capturing their geospatial locations and extents, and using the forms provided by the Forest Service Botanist assigned to the project.

Currently, there are three TEPS plant species known from the project area. Target Species are considered from the following lists:

• Federally listed species (T, E, P, and C),

• State listed species,

• Forest Service Sensitive Species

III. PROJECT LOCATION

The project area is located south of Verdi, Nevada within the Carson Range. The project boundaries are situated around the northern portion of the Mt. Rose Wilderness area and include T18N R18E sections 1, 3-22, and 28-33, T18N R19E sections 4-8, T19N R18E sections 27, 28, 32-36, and T19N R19E section 31-33 of the Boca, Mt. Rose NE, and Mt. Rose NW 7.5-minute quadrangles (see Map 1). Botanical surveys are not required within the Mt. Rose Wilderness area. In addition, there are parcels of private property within and near the project area. It is the responsibility of the contractor to only survey on National Forest System (NFS) lands. The specific areas requiring botanical surveys are displayed on Map 2. Access shall be 2WD, 4WD, or by walking, as determined by the Pre-survey Reconnaissance.

Elevations within the Project Area range from approximately 5,300 feet to approximately 9,000 feet above mean sea level. Habitat types include aspen, big sagebrush, bitterbrush, eastside pine, lodgepole, low sagebrush, meadows, mixed fir forest, montane chaparral, montane hardwood / conifer, montane riparian, red fir, subalpine conifer, and Sierran mixed conifer.

IV. PRE-SURVEY

Prior to conducting field inventories, the investigator should determine the probability of habitat that may occur in the project area for each target species. Clearly document the reasons when determining that there is no potential habitat for a target species. Investigators should consult with the Forest Service Botanist prior to implementing surveys to ensure concurrence on potential habitat determinations. A pre-field meeting will occur between the Contractor and the Carson District Botanist to discuss survey strategies and expectations. The Threatened, Endangered and Sensitive Plants Survey Field Form should be used to complete a pre-survey report detailing survey methodologies and objectives.

The Forest Service will provide all needed lists and survey protocols and forms to the proponent that are available. These may include:

• R4 Sensitive Species List

• USFWS species list for project area – Contractor’s responsibility

• Rapid Assessment Chart for Forest Service special status plant species known or with the potential to occur on the Carson Ranger District, Humboldt-Toiyabe National Forest

• Threatened, Endangered and Sensitive Plants Survey Field Guide and Field Form

• Threatened, Endangered and Sensitive Plants Element Occurrence Field Guide and Field Form

• Humboldt-Toiyabe National Forest Weed Inventory Field Form and Guide

• State of Nevada Noxious Weed List and Federal Noxious Weed List

• Forest Service Manual (FSM) 2900 – Invasive Species Management

Although a list of target species for this survey will be provided by the Forest Service, the investigator should also contact the Nevada Natural Heritage Program and/or California Natural Diversity Database to obtain known site information for target species. Access to the herbariums located at the Carson Ranger District and Humboldt-Toiyabe National Forest Supervisor’s Office will be provided by appointment.

V. FIELD SURVEYS

A) Rare plant surveys shall be performed in sufficient depth and in a manner that conforms to the standards of the professional botanical community and adhere to the Threatened, Endangered and Sensitive Plants Survey Field Guide. This will require identification of every species encountered to a level sufficient to determine if it is a target species (Threatened, Endangered or Proposed, State listed, or FS Sensitive). Surveys shall include the search for, and verification of, plant species at known, reported, or suspected locations, including all suitable habitat within the contract area. Rare plant surveys should be done to ensure that the target species and its habitat are completely covered. Surveys should be performed when plant conditions indicate, when potentially occurring sensitive species are identifiable and visible, usually when flowering. Some areas may require more than one visit in order to fulfill this requirement. For the Carson Ranger District, it is estimated that surveys will be conducted from May through August. Clearly document the reasons when determining that there is no potential habitat for a target species during the survey in the TES Plant Survey Field Form, field 16 (survey comments). Survey methods and intensity will depend on the size of the area, investigator skill, size of the target species, and topography. Survey types can be a combination of different techniques (See the TES Plant Survey Field Guide). Some example survey methods include:

a. Cursory or general survey is typically walking through the area and perimeter. This is usually to identify potential habitat or to confirm prior information.

b. Intuitive controlled survey is the most commonly used and most efficient method of surveying. During pre-field review, potential suitable habitat is identified for each target species and the survey effort is focused in those areas. When conducting intuitive controlled surveys, an area somewhat larger than the identified suitable habitat should be searched to validate current suitable habitat definitions.

c. Systematic survey is often used in smaller areas where the likelihood of occurrence of a target species is evenly distributed throughout the survey areas. All of the area is examined usually by using transects.

B) If an occurrence is found for a target plant species, the extent of the site needs to be documented following the TES Plants Element Occurrence Field Guide. This may require surveys outside of the footprint of the project area to accurately assess effects to the species from the project implementation. All occurrences will be documented with geospatial data recorded during the survey.

C) If potential habitat is encountered for a plant species, but that species is in a state that can no longer be positively identified (i.e. an early spring growing species during a drought), then the investigator shall identify that area on a map or provide digital geospatial data for the precise location and discuss in the survey report. This discussion should include what sensitive species could be found in that habitat (and why) and when it should be re-surveyed.

D) Any non-native, invasive plant infestations discovered during field surveys or encountered while driving roads within the survey area shall be documented using the Humboldt-Toiyabe National Forest Weed Inventory Field Form and Guide, including geospatial data recorded during the survey. Use appropriate prevention measures for the spread of invasive species following FSM (2900).

E) Compile a floristic inventory of plant species observed within the project area.

F) The surveys should be performed when plant conditions indicate. The surveys shall be conducted during the time of year when potentially occurring sensitive species are identifiable and visible, usually when flowering. Some areas may require more than one visit, in order to fulfill this requirement. For the Carson Ranger District, it is estimated that surveys will be conducted from May through early August.

VI. DOCUMENTATION

A) The contractor shall provide the Forest Service with documentation information for each target species located or revisited. All botanical survey results and methods shall be documented.

B) For the project area surveyed, the contractor shall submit a report including an electronic copy in Microsoft Word to the Forest Service containing the following:

1) The TES Plants Survey Field Form must be completed with polygons of the individual survey areas. A floristic inventory of the survey area should be compiled on an accompanying word document or excel spreadsheet.

2) Map(s) displaying all survey routes and survey intensity level within the delineated survey area. The date of each survey route shall be clearly identified with the map. The map should include the locations of target species observed and/or their potential habitat.

3) Each target species discovered or site revisited shall be documented as outlined below:

a) Complete the TES Plants Element Occurrence Field Forms. This will include an accurate assessment of population size at each site. This should also include a description of the habitat, plant phenology, associate plant species, pollinator activity, and any current or potential impacts.

b) The location of each plant occurrence shall be mapped as polygons using GPS units or field data collection tablets with accurate mapping capability. The data will be provided to the Forest Service electronically as GPS files or shape files suitable for use with ESRI software and linked to tabular information.

c) Photograph general habitat at each documented site and rare plant species of interest. Any photographic material submitted as part of the report must include information about the subject, date, location, and bearing associated with the image.

4) Each non-native, invasive plant infestation discovered during field surveys shall be documented on the HTNF Weed Inventory form and shall be mapped as polygons using GPS units or field data collection tablets with accurate mapping capability. The data will be provided to the Forest Service electronically as GPS files or shape files suitable for use with ESRI software and linked to tabular information.

5) The Survey Report is considered complete once the Forest Service has reviewed and accepted it.

VII. SURVEYOR QUALIFICATIONS

The contractor is responsible for quality control, the ability of the individuals to perform the survey, and that appropriate certifications are in place for survey protocols. The lead biologist/botanist/ecologist is responsible for quality control and ensuring the capabilities of individuals performing the survey.

The qualifications of the lead biologist/botanist/ecologist must be provided with documentation of training/qualifications for additional personnel

For floristic surveys, the lead biologist/botanist/ecologist must provide documentation for the following qualifications:

a) Experience (minimum one year) conducting floristic field surveys.

b) Knowledge of plant taxonomy and ecology including use of technical botanical keys.

c) Familiarity with plants of the area, including rare, sensitive, threatened and endangered.

d) Familiarity with State and Federal laws and Forest Service policies related to plants.

VIII LIST OF ATTACHED DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS

The attachments listed below form a part of this Request for Quotations and any resultant contract:

1. Attachment A. Vicinity Map

2. Attachment B. Survey Needs Map

3. Attachment C. R4 Sensitive Species List

4. Attachment D. Carson District Special Status Plant Species Rapid Assessment Chart

5. Attachment E. Threatened, Endangered and Sensitive Plants Survey Field Guide and

Field Form

6. Attachment F. Threatened, Endangered and Sensitive Plants Element Occurrence Field

Guide and Field Form

7. Attachment G. Humboldt-Toiyabe National Forest Weed Inventory Field Form and

Guide

8. Attachment H. State of Nevada Noxious Weed List

9. Attachment I. Federal Noxious Weed List

10. Attachment J. Forest Service Manual (FSM) 2900 – Invasive Species Management

IX. FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION

OF WORK (APR 1984)

The Forest Service will review all draft inventories and products prior to final report submission by contractor or proponent. The timelines below may be negotiated:

Table 1: Timelines Due Date

Initial meeting to review statement of work April 3, 2024

Pre-field Report April 20, 2024

Approval of survey protocols April 28, 2024

Begin Field surveys May 1, 2024

Initial Survey Report October 2, 2024

FS review of survey report October 20, 2024

Final Survey Report November 10, 2024

X. GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the contractor for use in the performance of this contract. This property shall be used and maintained by the contractor in accordance with provisions of FAR Clause 52.245-2 "Government Property (Fixed- Price Contracts)" hereby incorporated by reference into the contract in accordance with FAR clause 52.252-2 “Clauses Incorporated By Reference” found herein. The following property will be furnished to the contractor after award:

Government Furnished Property/ Materials/Services Quantity When Where

Electronic version of the Project and Vicinity Map. 1 During

Solicitation Ranger District Listed in Schedule of

Items.

Shapefiles of the Survey Needs and Project Area boundaries 1 During

Solicitation Ranger District Listed in Schedule of

Items, or via email or mail.

Electronic version of all plant documentation forms and survey guides listed above.

1 Initial Statement of Work Meeting Ranger District Listed in Schedule of

Items

R4 Sensitive Plant List and Weed List 1 Initial Statement of Work Meeting Ranger District Listed in Schedule of

Items

Carson Ranger District Rapid Assessment Chart for Special Status

Plant Species 1 Initial Statement of Work Meeting Ranger District Listed in Schedule of

Items

Electronic version of Forest Service Manual (FSM) 2900 – Invasive

Species Management

Initial Statement of Work Meeting

Ranger District Listed in Schedule of Items

XI. CONTRACTOR FURNISHED CRITICAL ITEMS /SERVICES

The contractor shall provide all labor, housing, supervision, transportation, tools, and materials (except Government-Furnished Property) necessary to perform the requirements of the contract.

Specifically, but not necessarily all inclusive, the contractor shall furnish the items listed below:

Contractor Furnished Critical

Items/Services Quantity Description

Compass, clinometer One per crew member

Azimuth compass with 2-degree resolution set to local declination

GPS unit and/or Field Data Collection Tablet

One per crew member

Resource grade GPS unit and/or Field Data Collection Tablet with submeter accuracy positioning.

Cell Phone or two-way radio One per crew

For safety, one cell phone or two-way radio for each surveyor.

Digital Camera One Capable of providing clear images of the required subjects

Hand lens, plant identification materials, field notebooks, etc.

One per crew member

For identification of plants to species level, identification of target species, survey documentation, etc.

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

April 3, 2024- November 10, 2024 Truckee Watershed, Humboldt-Toiyabe National Forest, Carson City Ranger District, Carson City, Nevada.

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

Addenda to Provision 52.212-1:

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) 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).

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

i). Technical Capability-

a) Experience-The Government will evaluate qualifications based on the capability and capacity of personnel as described within the contract requirements.

b) Project Plan of Work- The Government will evaluate clarity and completeness of the Work Plan in addressing the scope of the project and its implementation. The assessment will consider the equipment proposed, strategies for data management, species verification, survey techniques, and safety issues.

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.

c) Representations and Certifications – Fill in the check boxes for provisions 52.204-24, 52.209-7, 52.212-3, and Employment of Eligible Workers-Workforce https://www.sam.gov/SAM/

Certification found in paragraph x of this solicitation and include a copy with your offer.

3) Submit offer by email to __andrea.marks-cash@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 the email above.

4) Address questions about this solicitation to the email above.

(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:

1. Price

2. Technical capability

The government will evaluate proposals and assess their relative qualities solely on the evaluation factors specified in this solicitation. Cost is approximately equal in weight to the technical capability: however, the importance of cost may become greater as the differences between technical proposals decrease. If technical proposals are deemed to be substantially equal, cost may control the award. [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]

EVALUATION CRITERIA:

Factor 1: Price:

The Government will evaluate price independently of Factors 1 and 2. Upon completion of evaluation of the technical factors, price will be considered in the final evaluation. The Government will evaluate offers in accordance with FAR 15.304. Best value will be based upon the evaluation criteria and price.

The Government reserves the right to award a contract to other than the lowest priced offer if a higher priced offer is judged to have better technical capability or better past performance. In that event, the contracting officer shall make an integrated assessment, best value award decision. Factors 2 and 3 are approximately equal to https://acquisition.gov/far/current/html/Subpart%2015_3.html#wp1088883

Factor 2: Past Performance

Past Performance information will consider recency (within last 5 years), relevancy (similar work to this project) and quality of past performance (based on contacting referenced provided in Past Performance Data Sheet).

i. Each project will be evaluated as Recent or Not Recent.

ii. Each project will be evaluated as Relevant, Somewhat Relevant or Not Relevant

iii. Each project submitted will receive one of the following quality ratings:

Exceptional

Very Good Satisfactory

Neutral – No record of performance

Marginal

Unsatisfactory

(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.

(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.

52.212-3 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:] 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/

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

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

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

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.]

(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 (JUN 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)).

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 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

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

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

☐ (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

☒ (9) 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).

☐ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (11) [Reserved].

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

U.S.C.657a).

☐ (13) (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).

https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.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

☐ (14) [Reserved] ☒ (15) (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.

☐ (16) (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.

☐ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and

(3)).(DEVIATION DEC 2022)

☐ (18) (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.

☐ (19) (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

☐ (20) 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.

☐ (21) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

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

☐ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

☐ (23) (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.

☐ (24) 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)).

☐ (25) 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)).

☐ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☐ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022)

(E.O.13126).

☒ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

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

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

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

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

☒ (33) (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.

☐ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

☒ (36) (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).

☐ (37) 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.)

☐ (38) (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.)

☐ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (41) (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.

☐ (42) (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.

☐ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

☐ (44) (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.

☒ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (47) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

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

☐(ii) Alternate I (Oct 2022) of 52.225-1 ☐ (50) (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.

☐ (51) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (52) 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).

☐ (53) 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).

☐ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

☐ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

☐ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (57) 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).

☐ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services

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

☒ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct

2018) (31 U.S.C. 3332).

☐ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

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

☐ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (64) (i) 52.247-64, Preference for Privately Owned…