1240LR23Q0076_CO Signed.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

BOISE ID 83709-1663

1249 S VINNELL WAY STE 200

ATTN

SW IDAHO-NEVADA ACQUISITION CENTER

93D1 CODE 16. ADMINISTERED BYCODE

X

X

X

561720

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR0261

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/16/2023 1500 MT

05/09/2023

208-949-8864ADAM KOEPKE

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1240LR23Q0076

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 3 1095664OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

CARSON CITY NV 89701

1536 S CARSON ST

CARSON DIST RANGER

USDA FOREST SVC

15. DELIVER TO

BOISE ID 83709-1663

1249 S VINNELL WAY STE 200

ATTN

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$19.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

SW IDAHO-NEVADA ACQUISITION CENTER

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 05/22/2023 to 10/31/2027

0001 Toilet Cleaning contract.

Delivery: 05/01/2023 FOB: Destination

1001 Option Year 1- Clean Vault Toilets for areas specified (each site serviced per table below, per directed stop and start orders) Estimated Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

REBECCA A. MARTINEZ

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Start work date

04/01/2024

(Option Line Item)

Product/Service Code: S201

Product/Service Description: HOUSEKEEPING-

CUSTODIAL JANITORIAL

Period of Performance: 04/01/2024 to 10/31/2024

2001 Option Year 2- Clean Vault Toilets for areas specified (each site serviced per table below, per directed stop and start orders) Estimated

Start work date

04/01/2025

(Option Line Item)

Product/Service Code: S201

Product/Service Description: HOUSEKEEPING-

CUSTODIAL JANITORIAL

Period of Performance: 04/01/2025 to 10/31/2025

3001 Option Year 3- Clean Vault Toilets for areas specified (each site serviced per table below, per directed stop and start orders) Estimated

Start work date

04/01/2026

(Option Line Item)

Product/Service Code: S201

Product/Service Description: HOUSEKEEPING-

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

3 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1240LR23Q0076

CUSTODIAL JANITORIAL

Period of Performance: 04/01/2026 to 10/31/2026

4001 Option Year 3- Clean Vault Toilets for areas specified (each site serviced per table below, per directed stop and start orders) Estimated

Start work date

04/01/2027

(Option Line Item)

Product/Service Code: S201

Product/Service Description: HOUSEKEEPING-

CUSTODIAL JANITORIAL

Period of Performance: 04/01/2023 to 10/31/2027

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation Number:

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

(ii) This solicitation is issued as an __RFQ_____. (Invitation to Bid (IFB), Request for Quotation (RFQ), or Request for Proposal (RFP)).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-04.

(iv) This procurement is set aside for ______Total Small Business____________ (enter type of set aside or change to full and open). The NAICS code is ______561720___ and the Small Business Size Standard is ___$19.5____________.

(v) Schedule of Items/Price Schedule

Item Supplies/Services Qty Unit of Issue

Unit Price Total Price

0001 Base Year- Area 1-Clean Vault Toilets for areas specified (each site serviced per table below, per directed stop and start orders) Estimated Start work date 5/22/2023

20 EA $ $

0002 Option Year 1- Clean Vault Toilets for areas specified (each site serviced per table below, per directed stop and start orders) Estimated Start work date 04/01/2024

20 EA $ $

0003 Option Year 2- Clean Vault Toilets for areas specified (each site serviced per table below, per directed stop and start orders) Estimated Start work date 04/01/2025

20 EA $ $

0004 Option Year 3- Clean Vault Toilets for areas specified (each site serviced per table below, per directed stop and start orders) Estimated Start work date 04/01/2026

20 EA $ $

0005 Option Year 4- Clean Vault Toilets for areas specified (each site serviced per table below, per

20 EA $ $

directed stop and start orders) Estimated Start work date orders) Estimated Start work date 04/01/2027

TOTAL $

Schedule Notes:

a) Items labeled as optional are not required to be exercised by the government. If exercised, the contractor will be required to perform the optional work in accordance with the terms and conditions of this contract.

b) One award will be made from this solicitation, contractors must submit pricing for all items.

c) Some locations may not be accessible throughout the period of performance dates due to inclement weather i.e. snow.

d) Period of Performance for Base and Option Years is April1st and ends October 31st each year.

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

For sanitation services and maintenance of recreation sites administered by the Boise National Forest, by means of a firm fixed-price contract.

1.0 General Project Description

This Operating Plan encompasses efforts between the awarded contractor and the USDA, Forest Service, Intermountain Region, Humboldt-Toiyabe National Forest, hereinafter referred to as the “U.S. Forest Service,” for the care and cleaning of day-use recreation facilities located on the Humboldt-Toiyabe National Forest within the Bridgeport Ranger District. The facilities are located within Mono County, Ca along CA Hwy 395. Regular cleaning and servicing of the day-use recreation sites listed below is needed to meet the needs of the public visiting these areas. The U.S.

Forest Service and awarded contractor are partnering to complete this important work and provide for a positive visitor experience.

1.1 Purpose

The intention of this solicitation is to obtain custodial services for Developed Recreation restroom sites located on the Bridgeport Ranger District.

1.2 General Requirements

The Contractor must provide all labor, supervisions, and transportation necessary to provide custodial services in accordance with this specification. Custodial service applies to all designated spaces including, but not limited to restrooms, trash cans, surrounding area, and bear boxes when present.

1.2.1 Day-Use Recreation Facility Sites

The following sites are included under this Operating Plan:

• Leavitt Falls: 1 x 750 Gallon Vault Toilet Restroom Building and surrounding trash cans

• Upper Virginia Creek CG: 1 x 750 Gallon Vault Toilet Restroom Building and surrounding area including trash cans

• Lower Virginia Creek CG: 3 x 750 Gallon Vault Toilet Restroom Building and surrounding area including trash cans

• Virginia Trailhead: 2 x 1000 Gallon Vault Toilet Restroom Building and surrounding area including trash cans

• Green Creek Trailhead: 1 x 1000 Gallon Vault Toilet Restroom Building and surrounding area including trash cans

• Leavitt Trailhead: 2 x 1000 Gallon Vault Toilet Restroom Building and surrounding area including trash cans

• Sonora Bridge Picnic Area: 1 x 1000 Gallon Vault Toilet Restroom Building and surrounding area including trash cans

• Buckeye Trailhead: 2x 1000 Gallon Vault Toilet Restroom Building and surrounding area including trash cans

• Buckeye Hot Springs: 1x 1000 Gallon Vault Toilet Restroom Building and surrounding area including trash cans

• Shingle Mill Day Use Area: 2x 1000 Gallon Vault Toilet Restroom Building and surrounding area including trash cans

1.3.1 Lower and Upper Virginia Creek Campgrounds

The restroom facilities within the Lower and Upper Virginia Creek Campgrounds may be maintained by the U.S. Forest Service during established months throughout the season. The U.S. Forest Service will communicate with the Contractor regarding the needs of this site. Contractor supplied services are expected to be on a as-needed basis depending on the capacity of the U.S. Forest Service

2.0 Requirements

2.1 Management

The Contractor must manage the total work effort associated with the custodial services required herein to assure fully adequate and timely completion of these services. Included in this function will be a full range of management duties including, but not limited to, planning, scheduling, and quality control.

2.1.1 Responsibilities

A. Contractor Shall:

1. Designate a point of contact that will oversee the execution of the activities described in this Operating Plan.

2. Prior to service commencement, the contractor point of contact will meet with the U.S. Forest Service point of contact to determine the operating period that the contractor will oversee the execution of the activities described in this Operating Plan.

3. Utilize contractor personnel to maintain clean and stock restroom facilities including the removal and disposal of trash at the recreation sites listed above particularly during peak use times. 4. Meet regularly with the U.S. Forest Service regarding the activities performed under this agreement to ensure objectives are being met.

5. Provide hiring, management, and oversight activities for contractor personnel that will be performing the work described in this Operating Plan.

6. Provide for transportation costs for contractor personnel performing cleaning and care at the recreation facilities identified above.

7. Notify the U.S. Forest Service of any maintenance needs identified at the recreation facilities listed above.

8. Regularly evaluate the progress of work outlined in this Operating Plan to ensure goals are being met.

9. At the end of the 2023 summer season, evaluate the success of the work done under this Operating Plan.

10. Provide materials and supplies for work to be performed by contractor personnel including, but not limited to: gloves, cleaning solution, cleaning tools, and other cleaning related supplies as needed to contractor personnel.

11. Inform the Forest Service when the toilets holding tanks are at two-thirds capacity.

B. The U.S. Forest Service Shall:

1. Designate a U.S. Forest Service point of contact that will oversee the execution of the activities described in this Operating Plan.

2. Prior to service commencement, the U.S. Forest Service point of contact will meet with the contractor point of contact to determine the operating period that the contractor will oversee the execution of the activities described in this Operating Plan.

3. Provide proper training and information on the activities to be performed by contractor personnel at the recreation facilities listed above.

4. Meet regularly with contractor regarding the activities performed under this agreement to ensure objectives are being met.

5. Communicate with Contractor point of contact to determine the frequency of cleanings for specific site locations during both the shoulder and peak season.

6. Reimburse contractor for contractor personnel salary costs associated with the work outlined in this Operating Plan and as outlined in Financial Plan.

7. Prepare and open the recreation facilities for public use and winterize and close-down the recreation facilities for season closure the seasonally.

8. Provide: trash bags and toilet paper to contractor personnel.

9. Regularly evaluate the progress of work outlined in this Operating Plan to ensure goals are being met.

2.1.2 Work Control

The Contractor must implement all necessary work control procedures to ensure timely accomplishment of work requirements, as well as to permit tracking of work in progress. The Contractor must plan and schedule work to assure material, labor, and equipment are available to complete work requirements within the specified time limits and in conformance with the quality standards established herein. Verbal scheduling and reports on the status of service call(s) must be provided when requested by the Contracting Officer.

2.1.3 Work Schedule

The Forest Service will provide clear guidance of site-specific cleaning frequency needs. These needs will be determined by the accessibility to sites, the opening and closing dates, the low-use and high-use seasons and/or funding limitations. Typically, low-use season will result in one (1) cleaning a week and the high-use season will result in two (2) cleanings per week. It will be up to the Contractor to schedule the work accordingly to accomplish weekly tasks. This schedule will be shared with the Forest Service to facilitate the governments inspections of the work. If additional cleanings are needed, the Forest Service will contact the Contractor and arrangements will be made in consultation with the Contractor.

2.2 Custodial Service Requirements

The Contractor must provide the custodial services described herein. Custodial services requirements are divided into two groups: basic services and service calls. An inventory and description of the areas to receive custodial services is included in attachment (list of items, maps/GPS points)

2.2.1 Basic Services

Basic services must be performed at the locations specified and frequencies established by the Forest Service. Performance requirements for these services include the following:

2.2.1.1 Space Cleaning

Space cleaning must consist of the following services each time a space is cleaned.

(a) Cleaning out bear containers at specified trailhead locations.

(b) Picking up trash in and around recreation site.

(c) Emptying Waste Containers as relevant to the recreation site.

(d) Informing the Forest Service of any additional information including but not limited to the remaining capacity of dumpsters at recreation sites, illegal activity, and public safety concerns.

2.2.1.2 Restroom Services

Restroom services must consist of the following each time services are performed.

(a) Cleaning Restrooms: Restroom fixtures must be washed thoroughly utilizing a disinfectant and must be free of stains and odors. Floors must be swept, free of dirt and mopped with a disinfectant. Floor drains must be cleaned.

(b) Servicing Restrooms: Servicing restrooms must include inspecting and replenishing supply dispensers. Restroom supplies consist of toilet paper. The contractor must stock restrooms with sufficient supplies to ensure that the supplies will last until the next scheduled service.

2.2.2 Service Call Work

Service call work for the Recreations Sites listed must consist of providing labor and materials to perform unscheduled custodial services that are brief in scope and coincide with scheduled cleanings. The contractor must provide adequate procedures for receiving and responding to service calls during regular working hours.

SCHEDULE OF WORK

Twenty (20) toilets are identified in Area 1.

Table 1. Boise National Forest Recreation Sites

Item No

Service – Regular and Intensive

Service per week

Unit of Measure

001 Leavitt Falls: 1 x 750 Gallon Vault Toilet Restroom Building and surrounding trash cans (regular cleaning)

01 ea

002 Leavitt Falls: 1 x 750 Gallon Vault Toilet Restroom Building and surrounding trash cans (intensive cleaning)

01 ea

003 Upper Virginia Creek CG: 1 x 750 Gallon Vault Toilet Restroom Building and surrounding area including trash cans (regular cleaning)

01 ea

004 Upper Virginia Creek CG: 1 x 750 Gallon Vault Toilet Restroom Building and surrounding area including trash cans (intensive cleaning)

01 ea

005 Lower Virginia Creek CG: 3 x 750 Gallon Vault Toilet Restroom Building and surrounding area including trash cans (regular cleaning)

03 ea

006 Lower Virginia Creek CG: 3 x 750 Gallon Vault Toilet Restroom Building and surrounding area including trash cans (intensive cleaning)

03 ea

007 Virginia Trailhead: 2 x 1000 Gallon Vault Toilet Restroom Building and surrounding area including trash cans (regular cleaning)

02 ea

008 Virginia Trailhead: 2 x 1000 Gallon Vault Toilet Restroom Building and surrounding area including trash cans (intensive cleaning)

02 ea

009 Green Creek Trailhead: 1 x 1000 Gallon Vault Toilet Restroom Building and surrounding area including trash cans (regular cleaning)

01 ea

010 Green Creek Trailhead: 1 x 1000 Gallon Vault Toilet Restroom Building and surrounding area including trash cans (intensive cleaning)

01 ea

011 Leavitt Trailhead: 2 x 1000 Gallon Vault Toilet Restroom Building and surrounding area including trash cans (regular cleaning)

02 ea

012 Leavitt Trailhead: 2 x 1000 Gallon Vault Toilet Restroom Building and surrounding area including trash cans (intensive cleaning)

02 ea

013 Sonora Bridge Picnic Area: 1 x 1000 Gallon Vault Toilet Restroom Building and surrounding area including trash cans (regular cleaning)

01 ea

014 Sonora Bridge Picnic Area: 1 x 1000 Gallon Vault Toilet Restroom Building and surrounding area including trash cans (intensive cleaning)

01 ea

Appendix A

MAPS

015 Buckeye Trailhead: 2x 1000 Gallon Vault Toilet Restroom Building and surrounding area including trash cans (regular cleaning)

02 ea

016 Buckeye Trailhead: 2x 1000 Gallon Vault Toilet Restroom Building and surrounding area including trash cans (intensive cleaning)

02 ea

017 Buckeye Hot Springs: 1x 1000 Gallon Vault Toilet Restroom Building and surrounding area including trash cans (regular cleaning)

01 ea

018 Buckeye Hot Springs: 1x 1000 Gallon Vault Toilet Restroom Building and surrounding area including trash cans (intensive cleaning)

01 ea

019 Shingle Mill Flat Picnic Site: 1x 1000 Gallon Vault Toilet Restroom Building and surrounding area including trash cans (regular cleaning)

01 ea

020 Shingle Mill Flat Picnic Site: 1x 1000 Gallon Vault Toilet Restroom Building and surrounding area including trash cans (intensive cleaning)

01 ea

MAP

Bridgeport RD, Humboldt-Toiyabe NF 0417-CON-RELMH-Bridgeport DevRec Toilet Cleaning

FY21

3/21/2021

1. Shingle Mill Flat Picnic Site 38.4518, -119.4623

2. Leavitt Falls Vista Observation Site 38.3182, -119.5634

3. Upper Virginia Creek Primitive Campground 38.0599, -119.2371

4. Lower Virginia Creek Primitive Campground 38.0676, -119.2261

5. Virginia Lakes Trailhead 38.0484, -119.2610

6. Green Creek Trailhead 38.1083, -119.2738

7. Leavitt Meadows Trailhead 38.3336, -119.5519

8. Sonora Bridge Meadow Picnic Site 38.3674, -119.4846

9. Buckeye Trailhead 38.2395, -119.3534

10. Buckeye Hot Spring 38.2399, -119.3256

Humboldt-Toiyabe National Forest Bridgeport District 0417-CON-RELMH-Bridgeport DevRec Toilet Cleaning FY21

Shingle Mill Flat Picnic Site: 38.4518, -119.4623

Leavitt Falls Vista Observation Site: 38.3182, -119.5634

Upper Virginia Creek Primitive Campground: 38.0599, -119.2371

Lower Virginia Creek Primitive Campground: 38.0676, -119.2261

Virginia Lakes Trailhead: 38.0484, -119.2610

Green Creek Trailhead: 38.1083, -119.2738

Leavitt Meadows Trailhead: 38.3336, -119.5519

Sonora Bridge Meadow Picnic Site: 38.3674, -119.4846

Buckeye Trailhead: 38.2395, -119.3534

Buckeye Hot Spring: 38.2399, -119.3256

Appendix E

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

IDAHO CITY RANGER DISTRICT

3833 HIGHWAY 21

IDAHO CITY ID 83631-4305

(viii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (NOV 2021) (Provision) Addenda to provision 52.212-1:

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 price proposal, and contractor representations and certifications.

a) Price Proposal – Include the following: 1) completed, signed SF-1449 from Section A of this solicitation, 2) Acknowledge any amendments issued on sam.gov for https://www.sam.gov/SAM/ this solicitation by completing and signing the posted SF-30, and 3) Include the completed price schedule contained in Section B of this solicitation.

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

2) Submit offer by email to adam.koepke@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Price Proposal, and Representations and Certifications) in Microsoft Word 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 Adam Koepke.

3) Address questions about this solicitation to Adam Koepke at adam.koepke@usda.gov

(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 the Best Value and the most advantageous to the Government, price and other factors considered in selection.

(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) 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (NOV 2021) (DEVIATION JUL 2020) (Provision)

(xi) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2021)

Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in

DEVIATION 2017-1 (AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C 4712 and 10 U.S.C 2409 10 U.S.C. 2409 relating to whistleblower mailto:adam.koepke@usda.gov mailto:adam.koepke@usda.gov protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (JAN 2022) (DEVIATION JUL 2020)

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

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

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

115-91).

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

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial 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 (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

☐ (5) [Reserved].

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

743 of Div. C).

☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

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

☐ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

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

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15

U.S.C.657a).

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

Concerns (Sep 2021) 15 U.S.C. 657a).

☐ (13) [Reserved] ☒ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

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

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

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

☐ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

(3)).

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)).

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

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

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

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

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

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

☐ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C.637s) [Contracting Officer check as appropriate.]

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

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

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

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

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

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

☐ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

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

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

(DEVIATION JUL 2020) (E.O.13126).

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

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

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

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

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

☐ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

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

☐ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

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

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

E.O. 13627).

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

☐ (36) 52.222-54, Employment Eligibility Verification (Nov 2021). (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 22.1803.)

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

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

☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

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

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

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

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

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

8259b).

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

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

☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

☒ (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021)

(DEVIATION JUL 2020) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub.

L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

☐ (iii) (ii) Alternate II (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (iv) (iii) Alternate III (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

☐ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

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

(Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct

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

☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

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

☐ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

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

2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

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

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

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

☐ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

Janitor $15.11

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

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

chapter 67).

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

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

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

U.S.C. 1792).

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

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

3509).

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

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

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

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

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

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

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

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

(xvi) 52.222-54, Employment Eligibility Verification (Nov 2021) (E.O. 12989).

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

(Jan 2022).

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

13706).

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

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

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

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

(d) of FAR clause 52.247-64.

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

(xiii) Additional Requirements/Terms and Conditions:

Clauses:

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

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

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

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

52.228-5 Insurance – Work on a Government Installation (JAN 1997)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) (DEVIATION APR 2020) (31 USC 3903 and 10 USC 2307)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses:

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

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

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

52.252-6 Authorized Deviations in Clauses (NOV 2020)

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

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.204-70 Modification for Contract Closeout (OCT 2021) Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

Period of Performance The period of performance of this contract is from 1 April 2023 through 31 October 2028.

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

Provisions:

52.204-7 System for Award Management (OCT 2018)

52.223-1 Biobased Product Certification (MAY 2012)

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses:

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

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

52.252-5 Authorized Deviations in Provisions (NOV 2020)

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

(b) The use in this solicitation of any Agriculture Acquisition Regulation (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(xiv) Representations and Certifications (complete and return with your offer)

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

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…