1240LR24Q0022-1449.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

JEROME ID 83338

370 AMERICAN AVE

SAWTOOTH NATIONAL FOREST

02L3 CODE 16. ADMINISTERED BYCODE

X

541990

SIZE STANDARD:

100% FOR:SET ASIDE:UNRESTRICTED OR40LR

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

03/18/2024

SUE LACROIX -- sue.lacroix@usda.gov (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

04/19/2024 1300 CT

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1240LR24Q0022

5. SOLICITATION NUMBER

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

1 801118289OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

SALMON ID 83467

1206 SOUTH CHALLIS STREET

SALMON-CHALLIS NATIONAL FOREST

15. DELIVER TO

OGDEN UT 84401-2310

324 25TH ST

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$19.5

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

USDA-FS CSA INTERMOUNTAIN 6

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 05/01/2025

0001 0413 SERV REGION 4 STREAM HABITAT, HYDROLOGY,

DIVERSION SURVEY, DESIGN, MONITORING, ANALYSIS

AND REPORTING SERVICES

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

SUE A. LACROIX

. 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 (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

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: REFERENCE

X

X

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. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

80 2 of

Solicitation Number: 1240LR24Q0022

R4 Stream Habitat, Hydrology, Diversion Survey, Design, Monitoring, Analysis and Reporting Services

Offers are solicited for: Stream Habitat, Hydrology, Diversion Survey, Design, Monitoring, Analysis and Reporting Services

Important Notice:

At a minimum, Offeror to return the following documents with their Response.

1. SF-1449- Solicitation, Offer and Award (complete, date, and signature)

2. Schedule of Items

3. Instruction to Offerors

4. Responses to Technical, Past Performance, Price

5. Complete 52.209-11 and 52.121-3

It is required that you indicate the solicitation number and Title in the subject line of your email proposal.

Solicitation No: 1240LR24Q0022

AN AWARD WILL BE MADE FROM THIS SOLICITATION WHEN THE EVALUATION

OF OFFERS HAS BEEN COMPLETED WHICH IS ANTICIPATED TO OCCUR SHORTLY

AFTER THE CLOSING DATE OF THE SOLICITATION.

IN ORDER TO BE CONSIDERED FOR ANY AWARD, IT IS REQUIRED THAT

CONTRACTORS BE REGISTERED, ACTIVE AND VALID IN THE SYSTEM FOR

AWARD MANAGEMENT (SAM) DATABASE AT THE TIME THAT AWARD WILL BE

MADE.

IT IS RECOMMENDED THAT IF YOU ARE A CONTRACTOR THAT WILL BE RESPONDING

TO THIS SOLICITATIN AND NOT CURRENTLY REGSITERED, ACTIVE, AND VALID IN THE

SAM DATABASE, THAT YOU IMMEDIATELY BEGIN THE PROCESS.

https://sam.gov/content/home

OFFERORS MUST ALSO BE REGISTERED IN SAM.GOV UNDER THE NAICS CODE

THAT THIS SOLICITATION IS ISSUED UNDER.

https://sam.gov/content/home

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

(ii) This solicitation is issued as a Request for Quotation (RFQ),).

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

(iv) This procurement is set aside for 100% Small Business. The NAICS code is 541990 and the Small Business Size Standard is $19.5 Million.

(v) Schedule of Items/Price Schedule

Project Description: R4 Stream Habitat, Hydrology, Diversion Survey, Design, Monitoring, Analysis and Reporting Services

Vendor Name: __________________________________Vendor UEI:___________________

Base Year- Date of Award to May 30, 2025

Item Supplies/Services Unit of

Issue

Quantity Price per Hour

0001 Field Data Collection HR TBD per each Task

Order

0002 Data Reduction HR TBD per each Task

Order

0003 Data Preparation HR TBD per each Task

Order

0004 Data Analysis and/or Modeling HR TBD per each Task

Order

0005 Design HR TBD per each Task

Order

0006 Construction Documents HR TBD per each Task

Order

0007 Reporting HR TBD per each Task

Order

Option Year 1- June 01, 2025 to May 30, 2026

Item Supplies/Services Unit of

Issue

Quantity Price per Hour

1001 Field Data Collection HR TBD per each Task

Order

1002 Data Reduction HR TBD per each Task

Order

1003 Data Preparation HR TBD per each Task

Order

1004 Data Analysis and/or Modeling HR TBD per each Task

Order

1005 Design HR TBD per each Task

Order

1006 Construction Documents HR TBD per each Task

Order

1007 Reporting HR TBD per each Task

Order

Option Year2- June 01, 2026 to May 30, 2027

Item Supplies/Services Unit of

Issue

Quantity Price per Hour

2001 Field Data Collection HR TBD per each Task

Order

2002 Data Reduction HR TBD per each Task

Order

2003 Data Preparation HR TBD per each Task

Order

2004 Data Analysis and/or Modeling HR TBD per each Task

Order

2005 Design HR TBD per each Task

Order

2006 Construction Documents HR TBD per each Task

Order

2007 Reporting HR TBD per each Task

Order

Schedule Notes:

a) Ensure that the Task Chart is reviewed in full to understand the specifics of each Task indicated on the Schedule of Items.

b) Field data collection, modeling, analysis and reporting will be performed in manner that is legally defensible. All steps in the process from field data collection to reporting will be performed in such a manner as to make it possible to clearly identify how the contractor got from “point A to point B” and to be able to replicate the various processes. This includes copies of field notes, descriptions of protocols, equipment, and standards used, etc.

c) All travel related expenses will be included with the contractors’ proposal when submitted to the requiring activity before the order/call is issued. Per diem and mileage will be reimbursed at the US government rate when travel occurred. The cost of travel will follow Forest Service guidance on travel and per diem and reimbursement will be paid accordingly.

d) Contractor is responsible for 4x4 high clearance vehicles, computers and software, GPS units, flow measuring devices meeting USGS standards (information found here: https://www.usgs.gov/mission-areas/water-resources/science/streamgaging-basics#overview , surveying instruments such as robotic total station and data collector, survey accessories such as tapes, tripods, rods, pins, etc., waders, boots, and personal flotation devices, and cameras, video cameras, and drones.

e) One award will be made from this solicitation, contractors must submit pricing for all items in section B- Schedule of Items

f) Contractor is responsible for adherence to “USDA Mandatory Training Procedures for

Contractor Employees” as required per attachment titled “USDA Mandatory Training

Procedures for Contractor Employees.”

g) 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988) - During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $2,500.00, but not in excess of $250,000.00.

h) 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements—

Commercial Acquisition (Nov 2021)

(a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation.

(b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by-

(1) The offeror;

https://www.usgs.gov/mission-areas/water-resources/science/streamgaging-basics%23overview https://www.usgs.gov/mission-areas/water-resources/science/streamgaging-basics%23overview

(2) Subcontractors; and/or

(3) Divisions, subsidiaries, or affiliates of the offeror under a common control.

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

PERFORMANCE REQUIREMENTS

The primary responsibility of the contractor is to work with the Contracting Officer

Representative, Government Technical Monitor and other personnel from USDA Forest

Service (i.e. Contracting Officer) to conduct fisheries and hydrology related data collection, modeling, analysis, design, and reporting tasks determined by an individual Task Order issued under the blanket purchase agreement.

In general tasks include, but aren’t limited to:

• Travel to and from field sites

• Collection of field data supporting fish/flow habitat modeling, diversion condition, hydrological curve development, road/stream crossing design and construction plans, etc.

• Recording of all field data using methods determined by the FS depending on task with submittals of all data to the Forest Service in raw format (such as but not limited to .txt, .csv, .dwg, etc.)

• Reporting of data collection methodologies, conclusions on data analysis, etc.

TASKS ASSOCIATED WITH THE IDIQ CONTRACT (INCLUDING BUT NOT

LIMITED TO)

In general, each task will encompass the following action items. Each Task Order will identify the specific project with project details, location, delivery/services required, reports and period of performance for completion.

Task

Task Name Task Description

Task I Field Data Collection

I Field Data Collection Field data collection will consist of but not be limited to:

• Collection of fish habitat and hydrologic/geomorphic data: stream discharge measurements, stream reach water surface elevation surveys, stream channel depths and velocity profiles, stream channel topography surveys, stream channel survey scans, stream channel substrate typing and distribution, pebble counts and subsurface substrate composition determinations, hydraulic control delineations, stream channel cover habitat delineation, stream reach meso-habitat typing, photos and videos of the site, and any other field data needed for 2D/3D hydro/habitat analysis of the site.

• Collection of stream gaging data: stream gage installation (initial and reinstallation), stream gage surveys, stream discharge measurements, stream gage data downloads and stream gage site photos and videos. All done in accordance and consistent with USGS standards.

• Collection of hydrologic seepage run data including, but not limited to:

sub-watershed site reconnaissance, stream discharge measurements, and discharge site photo/videos .

• Collection of topographic features adjacent to road/stream crossings, including but not limited to cut and fill slopes, road centerline, stream profile, channel features, etc.

• Assessment and analysis of stream channel and hydrologic data including but not limited to: reference reach delineations, substrate characterization

(surface and sub-surface), stability assessment of channel bedforms, streambed mobility and stability analyses, HEC-RAS or other commercially available hydraulic software modeling. Establish control points for use in construction projects.

• Collection of diversion related information such as status, use, condition, water withdrawals, etc..

Task II Data Reduction

II Data Reduction Data reduction consists of QA/QC of all data and electronic submissions of data throughout the period of performance specific to each Task Order.

Task III Data Preparation

III Data Preparation Aggregating and preparing collected data for further analysis, such as 2D or 3D fish habitat modeling, stream crossing design documents, hydrologic rating, curves, etc.

Task IV Data Analysis and/or Modeling

IV Data Analysis and/or

Modeling

Data analysis and/or modeling of prepared data including but not limited to:

• Stream gaging data analysis, developing hydrologic datasets such as flow duration, rating curves, exceedance probabilities, etc.

• Instream fish habitat data analysis, modeling and visual expression in 2D or 3D models.

• Topographic survey analysis including longitudinal profile and reference reach analysis, bed mobility and stability analyses, etc.

• HEC-RAS modeling for hydraulic and structure determinations for aquatic organism passage projects

Task V Design

V Design Utilizing FS policy documents, handbooks, and National Marine Fisheries Service guidance, prepare stream crossing design package to meet FS specifications at specific design phases (10%, 50%, 90%). Identify design profile and characterization, select reference reach, bed gradation, determine channel reconstruction extents, inlet or outlet transitions, structure selection, fill requirements, etc.

Task VI Construction Documents

VI Construction

Documents

Provide Forest Service design phase construction documents, adhere to FS specifications for format and requirements, incorporate Standard Specifications for the

Construction of Roads and Bridges on Federal Highway Projects (FP-14), Forest

Service Supplemental Specifications to draft construction documents

Task VII Reporting

VII Reporting Technical report detailing the site, data collection methodology, habitat mapping, flow to habitat relationships in draft, with final review by Forest Service, then final version to FS.

The contractor shall furnish all transportation, supervision, labor, and incidental supplies (unless noted differently on each order /call) necessary to provide the required services as noted in the following paragraphs. The contractor shall be responsible for the following: Collecting fish habitat and hydrologic field data; organizing, interpolating, analyzing and visually expressing the fish habitat and hydrologic data; providing technical reports that detail the data collection methodology; and delivering the data and reports, including all associated field notes, photos, videos, and electronic files, via a flash drive or other appropriate electronic media.

The contractor shall be available to answer questions relating to the study and field data collected as a part of this project. If field data collection is required, up to 15 to 20 trips of 3-5 days each per week may be necessary during the data collection field season.

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

The work associated with this contract will generally be located in the Region 4 Intermountain

Region mostly in the South-Central mountain areas of Idaho including but not limited to the

Boise, Payette, Sawtooth, and Salmon-Challis National Forests.

USDA Mandatory Training Procedures for Contractor Employees

Fiscal Year (FY) 2024 will be the first year that contractor personnel will be required to complete mandatory training as specified in requirements documents

The contractor must ensure their employees (including subcontractor personnel) complete the training course(s) listed below in the frequency identified. The contractor must maintain records of course completion and provide them to the Contracting Officer or Contracting Officer

Representative upon request.

Mandatory Contractor Training

The contractor must ensure their employees (including subcontractor personnel) complete the training course(s) listed below in the frequency identified. The contractor must maintain records of course completion and provide them to the Contracting Officer or

Contracting Officer

Representative upon request.

Course Name

Frequency

(Once, Quarterly, Annually, etc.)

Method of

Training

Length of

Training

Completion

Date

USDA Records Management Annually AgLearn

Or

Paper-based

60 minutes 60 days after assignment

Section 508 Annually AgLearn 60 minutes 45 days after assignment

Page 11of 80

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

(SEP 2023) (Provision)

Addenda to provision 52.212-1:

Instructions for preparing technical proposals that address the factors in 52.212-2 and submitting an offer can be included here.

Proposals shall be prepared to include three separate documents in response to:

Technical Capability.

• To include specific responses to each of the 9 Required Skills noted under

Technical Capability at 2.a(ii) below.

Past Performance.

• Reference 2.a(i) below to determine specific information required in your proposal response for Past Performance/

Price.

• Refer to 2.b below to determine specific information required for your price proposal response.

Proposals shall be submitted via email to Sue LaCroix at sue.lacroix@usda.gov by 1300 Central Standard Time on April 19, 2024. Email Subject Line Shall indicate the Solicitation number and Title.

Addenda to Provision 52.212-1:

For simplified acquisitions, the word quote or quoter is substituted in provision 52.212-

1 for the word offer or offeror.

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

The technical proposal must present sufficient information to reflect a thorough understanding of the requirements and address the evaluation factor. Evaluation will be made on the technical contents of the technical proposal provided. Omitted or missing information for any factor and/or subfactor may result in a rating unacceptable.

The following factors and subfactors will be used to determine technical acceptability:

mailto:sue.lacroix@usda.gov

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

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

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

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

ii) Technical Capability – Provide a list of equipment and key personnel

(with qualifications) that will be used to complete this project.

Subfactor #1: Technical Capability and Experience providing similar services.

The Government will evaluate the Contractor’s experience and qualifications, including (a) the relevance of Contractor’s experience; (b) the quantity of

Contractor’s experience; and (c) Contractor’s qualifications, including, but not limited to knowledge in the use of instrumentation used for the collection of the field data required under this contract, knowledge and use of systems for the analyses of hydraulic and fish habitat components of the contract, report writing, and litigation experience.

REQUIRED SKILLS

1. Knowledge and experience with the operation and maintenance of flow measuring devices and measurements that meet USGS standards for individual stream flow conditions.

2. Knowledge and experience with proper data collection for stream discharge measurements.

3. Knowledge and experience surveying fish habitat data. Including surveying with robotic total station or equivalent surveying techniques.

4. Familiarity with ESRI ArcGIS products such as Survey 123 and Field

Maps.

5. Knowledge and familiarity with NOAA Fisheries criteria for fish passage and fish screening.

6. Knowledge and experience with small instream diversions and associated water conveyance infrastructure.

7. Familiarity and experience with USDA Forest Service Stream

Simulation Methodology (USDA Forest Service 2008).

Attendance in the 40-hour course encouraged but not required.

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

8. Fish habitat parameter identification.

9. Experience with Fish Habitat Modeling and Hydrologic Analysis software packages.

Subfactor #2: Key personnel are identified and possess qualifications to manage performance of services.

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

c) Representations and Certifications – Fill in the check boxes for provisions

52.204-24, 52.204-29, 52.209-7, 52.212-3, and Employment of Eligible Workers-

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

3) Submit offer by email to Sue LaCroix at sue.lacroix@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 3 separate attachments with the Solicitation number and Title noted on each attachment (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 Sue

LaCroix.

4) Address questions about this solicitation to Sue LaCroix at sue.lacriox@usda.gov .

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

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

Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is

"late" and will not be considered unless it is received before award is made and the

Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. Delete 52.212-1 (f)(2)(i) paragraphs A, B, & C.

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

(Provision)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the

Government, price and other factors considered. The following factors shall be used to evaluate offers: (in relative order of importance)

i. Past Performance

ii. Technical Capability mailto:sue.lacroix@usda.gov mailto:sue.lacriox@usda.gov

iii. Price

Technical and past performance, when combined, are significantly more important than cost or price.

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

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021) (Provision)

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

Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at

52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on

Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense

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

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization

Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for

Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

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

Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the

Offeror represents that—

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

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

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment

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

(B) A description of all covered telecommunications equipment offered

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

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

(ii) For covered services—

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

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

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

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the

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

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment

(include entity name, unique entity identifier, CAGE code, and whether the entity was the

OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered

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

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

(ii) For covered services—

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

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

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

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

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

Security Act Orders—Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition

Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR

52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures.

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

(1) The Offeror shall search for the phrase “FASCSA order” in the System for

Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain

Security Act Orders—Prohibition.

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

4.2303(c)(2)).

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

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable

FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable

FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

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

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

(3) If applicable, name of the vendor, including the Commercial and Government

Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

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

(6) Item description;

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

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A https://www.sam.gov/ https://www.acquisition.gov/far/part-4#FAR_4_2303 contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

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

(a)Definitions. As used in this provision—

Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange

Commission Administrative Proceedings, Civilian Board of Contract Appeals

Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

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

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

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

(c)If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal

Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

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

(i)In a criminal proceeding, a conviction.

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

(iii)In an administrative proceeding, a finding of fault and liability that results in–

(A)The payment of a monetary fine or penalty of $5,000 or more; or

(B)The payment of a reimbursement, restitution, or damages in excess of

$100,000.

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

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

(d)The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the

System for Award Management, which can be accessed via https://www.sam.gov. See

52.204-7.

52.212-3 Offeror Representations and Certifications – Commercial Products and

Commercial Services (NOV 2023) (DEVIATION NOV 2022) (Provision)

[If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and

Certifications-Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:]

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

(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) https://www.sam.gov/ file:///C:/Users/melissaajohnson/Downloads/(DEVIATION%20NOV%202022)%20–%20Offerors%20that%20are%20representing%20as%20joint%20ventures%20should%20submit%20their%20socio-economic%20status%20in%20the%20space%20provided%20above%20until%20such%20time%20that%20SAM.gov%20has%20been%20updated%20to%20include%20the%20joint%20venture%20representations%20contained%20within http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 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 (NOV 2023) ALT I (NOV 2021)

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders– Commercial Products and Commercial Services (DEC 2023) )[DEVIATION JAN

2024]

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

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

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions 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-regarding-new-trade-agreements-thresholds.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

☒ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with

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

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

3509)).

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

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

American Recovery and Reinvestment Act of 2009.)

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

Guidance to Contractor Employees)

☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun

2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (6) [Reserved].

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

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

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

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

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

☐ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders – Federal Supply

Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts (Dec 2023)

(Pub. L. 115-390)

☒ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition. (Dec

2023) (Pub. L. 115-390, title II)

☐ (ii) Alternate I (Dec 2023) of 52.204-30.

☒ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

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

☒ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

☐ (14) [Reserved].

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

U.S.C.657a).

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

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

☐ (17) [Reserved]

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

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

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

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

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

(3)).

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

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

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

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

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

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

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

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

☒ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s)

☒ By the end of the base term of the contract and then by the end of each subsequent option period; or

☐ By the end of the performance period for each order issued under the contract.

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

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

☐ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct

2022) (15 U.S.C. 657f).

☒ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023) (15

U.S.C. 632(a)(2)).

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

☐ (27) 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)).

☐ (28) 52.219-30, Notice of Set-Aside for, or Sole…