12444323Q0004.pdf

Solicitation Number: 12444323Q0004 – MNF SZ Stone IDIQ

(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 2022-08.

(iv) This procurement is set aside for Small Business concerns. The NAICS code is 212312 – Crushed and Broken Limestone Mining and Quarrying and the Small Business Size Standard is 750 employees.

(v) Schedule of Items/Price Schedule

South Zone Stone Contract Monongahela National Forest

Vendor: ___________________ ueiSAM: _____________________

Schedule Notes:

a) This solicitation will result in the award of a firm, fixed-price, multiple-year, Indefinite- Delivery, Indefinite-Quantity (IDIQ) supply contract(s).

b) Multiple awards may result from this solicitation. The Government’s intent is to make one IDIQ contract award in each Ranger District. You must submit pricing for all line items on the Schedule of Items in order to be considered for contract award. Prices may be submitted for the Gauley Ranger District, Marlinton Ranger District, White Sulphur Ranger District, any combination of Ranger Districts, or all Ranger Districts.

c) All quantities are estimated quantities only and will be used for evaluation purposes. The estimates were obtained from records of previous requirements, projected need from work plans, or by other means and are based on the most current information available.

Actual quantities will be provided in each individual delivery order. Actual work ordered will be based on prices submitted and funds available at times of needs.

d) 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 (base period guarantee only), but not in excess of $1.0 million (base period plus option periods combined; all contracts combined).

SCHEDULE OF ITEMS

GAULEY RANGER DISTRICT

BASE YEAR (Calendar Year 2023)

Contract Item Description

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, shot rock in accordance with all Contract and Task Order specifications

G0001 Class 1 Aggregate 1500 Ton $ $ G0002 Class 2 Aggregate 500 Ton $ $ G0003 AASHTO #1 Aggregate 20 Ton $ $ G0004 AASHTO #3 Aggregate 20 Ton $ $ G0005 AASHTO #57 Aggregate 20 Ton $ $ G0006 AASHTO #67 Aggregate 20 Ton $ $ G0007 AASHTO #8 Aggregate 20 Ton $ $ G0008 AASHTO #10 Aggregate 20 Ton $ $ G0009 Gabion Stone 20 Ton $ $ G0010 Riprap 20 Ton $ $ G0011 Shot Rock 20 Ton $ $

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MATERIALS (INCLUDING HAUL COSTS) FOR

GAULEY RANGER DISTRICT – BASE YEAR $

OPTION YEAR 1 (Calendar Year 2024)

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, G1001 Class 1 Aggregate 1500 Ton $ $ G1002 Class 2 Aggregate 500 Ton $ $ G1003 AASHTO #1 Aggregate 20 Ton $ $ G1004 AASHTO #3 Aggregate 20 Ton $ $ G1005 AASHTO #57 Aggregate 20 Ton $ $ G1006 AASHTO #67 Aggregate 20 Ton $ $ G1007 AASHTO #8 Aggregate 20 Ton $ $ G1008 AASHTO #10 Aggregate 20 Ton $ $ G1009 Gabion Stone 20 Ton $ $ G1010 Riprap 20 Ton $ $ G1011 Shot Rock 20 Ton $ $

GAULEY RANGER DISTRICT – OPTION YEAR 1 $

OPTION YEAR 2 (Calendar Year 2025)

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, G2001 Class 1 Aggregate 1500 Ton $ $ G2002 Class 2 Aggregate 500 Ton $ $ G2003 AASHTO #1 Aggregate 20 Ton $ $ G2004 AASHTO #3 Aggregate 20 Ton $ $ G2005 AASHTO #57 Aggregate 20 Ton $ $ G2006 AASHTO #67 Aggregate 20 Ton $ $ G2007 AASHTO #8 Aggregate 20 Ton $ $ G2008 AASHTO #10 Aggregate 20 Ton $ $ G2009 Gabion Stone 20 Ton $ $ G2010 Riprap 20 Ton $ $ G2011 Shot Rock 20 Ton $ $

GAULEY RANGER DISTRICT – OPTION YEAR 2 $

OPTION YEAR 3 (Calendar Year 2026)

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, G3001 Class 1 Aggregate 1500 Ton $ $ G3002 Class 2 Aggregate 500 Ton $ $ G3003 AASHTO #1 Aggregate 20 Ton $ $ G3004 AASHTO #3 Aggregate 20 Ton $ $ G3005 AASHTO #57 Aggregate 20 Ton $ $ G3006 AASHTO #67 Aggregate 20 Ton $ $ G3007 AASHTO #8 Aggregate 20 Ton $ $ G3008 AASHTO #10 Aggregate 20 Ton $ $ G3009 Gabion Stone 20 Ton $ $ G3010 Riprap 20 Ton $ $ G3011 Shot Rock 20 Ton $ $

GAULEY RANGER DISTRICT – OPTION YEAR 3 $

OPTION YEAR 4 (Calendar Year 2027)

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, G4001 Class 1 Aggregate 1500 Ton $ $ G4002 Class 2 Aggregate 500 Ton $ $ G4003 AASHTO #1 Aggregate 20 Ton $ $ G4004 AASHTO #3 Aggregate 20 Ton $ $ G4005 AASHTO #57 Aggregate 20 Ton $ $ G4006 AASHTO #67 Aggregate 20 Ton $ $ G4007 AASHTO #8 Aggregate 20 Ton $ $ G4008 AASHTO #10 Aggregate 20 Ton $ $ G4009 Gabion Stone 20 Ton $ $ G4010 Riprap 20 Ton $ $ G4011 Shot Rock 20 Ton $ $

GAULEY RANGER DISTRICT – OPTION YEAR 4 $

MARLINTON RANGER DISTRICT

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, M0001 Class 1 Aggregate 1500 Ton $ $ M0002 Class 2 Aggregate 500 Ton $ $ M0003 AASHTO #1 Aggregate 20 Ton $ $ M0004 AASHTO #3 Aggregate 20 Ton $ $ M0005 AASHTO #57 Aggregate 20 Ton $ $ M0006 AASHTO #67 Aggregate 20 Ton $ $ M0007 AASHTO #8 Aggregate 20 Ton $ $ M0008 AASHTO #10 Aggregate 20 Ton $ $ M0009 Gabion Stone 20 Ton $ $ M0010 Riprap 20 Ton $ $ M0011 Shot Rock 20 Ton $ $

MARLINTON RANGER DISTRICT – BASE YEAR $

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, M1001 Class 1 Aggregate 1500 Ton $ $ M1002 Class 2 Aggregate 500 Ton $ $ M1003 AASHTO #1 Aggregate 20 Ton $ $ M1004 AASHTO #3 Aggregate 20 Ton $ $ M1005 AASHTO #57 Aggregate 20 Ton $ $ M1006 AASHTO #67 Aggregate 20 Ton $ $ M1007 AASHTO #8 Aggregate 20 Ton $ $ M1008 AASHTO #10 Aggregate 20 Ton $ $ M1009 Gabion Stone 20 Ton $ $ M1010 Riprap 20 Ton $ $ M1011 Shot Rock 20 Ton $ $

MARLINTON RANGER DISTRICT – OPTION YEAR 1 $

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, M2001 Class 1 Aggregate 1500 Ton $ $ M2002 Class 2 Aggregate 500 Ton $ $ M2003 AASHTO #1 Aggregate 20 Ton $ $ M2004 AASHTO #3 Aggregate 20 Ton $ $ M2005 AASHTO #57 Aggregate 20 Ton $ $ M2006 AASHTO #67 Aggregate 20 Ton $ $ M2007 AASHTO #8 Aggregate 20 Ton $ $ M2008 AASHTO #10 Aggregate 20 Ton $ $ M2009 Gabion Stone 20 Ton $ $ M2010 Riprap 20 Ton $ $ M2011 Shot Rock 20 Ton $ $

MARLINTON RANGER DISTRICT – OPTION YEAR 2 $

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, M3001 Class 1 Aggregate 1500 Ton $ $ M3002 Class 2 Aggregate 500 Ton $ $ M3003 AASHTO #1 Aggregate 20 Ton $ $ M3004 AASHTO #3 Aggregate 20 Ton $ $ M3005 AASHTO #57 Aggregate 20 Ton $ $ M3006 AASHTO #67 Aggregate 20 Ton $ $ M3007 AASHTO #8 Aggregate 20 Ton $ $ M3008 AASHTO #10 Aggregate 20 Ton $ $ M3009 Gabion Stone 20 Ton $ $ M3010 Riprap 20 Ton $ $ M3011 Shot Rock 20 Ton $ $

MARLINTON RANGER DISTRICT – OPTION YEAR 3 $

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, M4001 Class 1 Aggregate 1500 Ton $ $ M4002 Class 2 Aggregate 500 Ton $ $ M4003 AASHTO #1 Aggregate 20 Ton $ $ M4004 AASHTO #3 Aggregate 20 Ton $ $ M4005 AASHTO #57 Aggregate 20 Ton $ $ M4006 AASHTO #67 Aggregate 20 Ton $ $ M4007 AASHTO #8 Aggregate 20 Ton $ $ M4008 AASHTO #10 Aggregate 20 Ton $ $ M4009 Gabion Stone 20 Ton $ $ M4010 Riprap 20 Ton $ $ M4011 Shot Rock 20 Ton $ $

MARLINTON RANGER DISTRICT – OPTION YEAR 4 $

WHITE SULPHUR RANGER DISTRICT

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, W0001 Class 1 Aggregate 1500 Ton $ $ W0002 Class 2 Aggregate 500 Ton $ $ W0003 AASHTO #1 Aggregate 20 Ton $ $ W0004 AASHTO #3 Aggregate 20 Ton $ $ W0005 AASHTO #57 Aggregate 20 Ton $ $ W0006 AASHTO #67 Aggregate 20 Ton $ $ W0007 AASHTO #8 Aggregate 20 Ton $ $ W0008 AASHTO #10 Aggregate 20 Ton $ $ W0009 Gabion Stone 20 Ton $ $ W0010 Riprap 20 Ton $ $ W0011 Shot Rock 20 Ton $ $

WHITE SULPHUR RANGER DISTRICT – BASE YEAR $

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, W1001 Class 1 Aggregate 1500 Ton $ $ W1002 Class 2 Aggregate 500 Ton $ $ W1003 AASHTO #1 Aggregate 20 Ton $ $ W1004 AASHTO #3 Aggregate 20 Ton $ $ W1005 AASHTO #57 Aggregate 20 Ton $ $ W1006 AASHTO #67 Aggregate 20 Ton $ $ W1007 AASHTO #8 Aggregate 20 Ton $ $ W1008 AASHTO #10 Aggregate 20 Ton $ $ W1009 Gabion Stone 20 Ton $ $ W1010 Riprap 20 Ton $ $ W1011 Shot Rock 20 Ton $ $

WHITE SULPHUR RANGER DISTRICT – OPTION YEAR 1 $

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, W2001 Class 1 Aggregate 1500 Ton $ $ W2002 Class 2 Aggregate 500 Ton $ $ W2003 AASHTO #1 Aggregate 20 Ton $ $ W2004 AASHTO #3 Aggregate 20 Ton $ $ W2005 AASHTO #57 Aggregate 20 Ton $ $ W2006 AASHTO #67 Aggregate 20 Ton $ $ W2007 AASHTO #8 Aggregate 20 Ton $ $ W2008 AASHTO #10 Aggregate 20 Ton $ $ W2009 Gabion Stone 20 Ton $ $ W2010 Riprap 20 Ton $ $ W2011 Shot Rock 20 Ton $ $

WHITE SULPHUR RANGER DISTRICT – OPTION YEAR 2 $

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, W3001 Class 1 Aggregate 1500 Ton $ $ W3002 Class 2 Aggregate 500 Ton $ $ W3003 AASHTO #1 Aggregate 20 Ton $ $ W3004 AASHTO #3 Aggregate 20 Ton $ $ W3005 AASHTO #57 Aggregate 20 Ton $ $ W3006 AASHTO #67 Aggregate 20 Ton $ $ W3007 AASHTO #8 Aggregate 20 Ton $ $ W3008 AASHTO #10 Aggregate 20 Ton $ $ W3009 Gabion Stone 20 Ton $ $ W3010 Riprap 20 Ton $ $ W3011 Shot Rock 20 Ton $ $

WHITE SULPHUR RANGER DISTRICT – OPTION YEAR 3 $

Estimated Annual

Quantity Unit Unit

Price Total Price

Materials Provide (including haul costs) aggregate, stone, riprap, W4001 Class 1 Aggregate 1500 Ton $ $ W4002 Class 2 Aggregate 500 Ton $ $ W4003 AASHTO #1 Aggregate 20 Ton $ $ W4004 AASHTO #3 Aggregate 20 Ton $ $ W4005 AASHTO #57 Aggregate 20 Ton $ $ W4006 AASHTO #67 Aggregate 20 Ton $ $ W4007 AASHTO #8 Aggregate 20 Ton $ $ W4008 AASHTO #10 Aggregate 20 Ton $ $ W4009 Gabion Stone 20 Ton $ $ W4010 Riprap 20 Ton $ $ W4011 Shot Rock 20 Ton $ $

WHITE SULPHUR RANGER DISTRICT – OPTION YEAR 4 $

SCHEDULE OF ITEMS – SUMMARY

GAULEY RD MARLINTON RD WHITE SULPHUR RD

Base Year $ Base Year $ Base Year $ Option Year 1 $ Option Year 1 $ Option Year 1 $ Option Year 2 $ Option Year 2 $ Option Year 2 $ Option Year 3 $ Option Year 3 $ Option Year 3 $ Option Year 4 $ Option Year 4 $ Option Year 4 $

GRAND TOTAL

GAULEY $ GRAND TOTAL

MARLINTON $ GRAND TOTAL

WHITE SULPHUR $

Base Year Total

Option Year 1 Total

Option Year 2 Total

Option Year 3 Total

Option Year 4 Total

GRAND CONTRACT TOTAL

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

Project South Zone Stone Contract

General Information

1.0 Scope of Work

The Forest Service (FS) has a requirement for a supply contract for South Zone Stone for the Monongahela National Forest. The FS anticipates award of an IDIQ (Indefinite Delivery, Indefinite Quantity) type, Firm-Fixed Priced Contract for the contract items described in the Schedule.

2.0 Background

The Monongahela National Forest has a diverse road network consisting of over 1500 miles of single- and two-lane roads with bituminous, aggregate, improved native, and native surfaces.

The road network consists of multiple bridges, culverts, drainage dips, gates, and cattle guards.

Typical road sections consist of a full-length ditch along one side. Most roads are in forested areas with heavy roadside and overhead vegetation. Aggregate and stone materials are required to maintain the forest road network.

The Monongahela National Forest is split into 2 zones, North and South. The South Zone consists of the Gauley, Marlinton, and White Sulphur Ranger Districts. The Ranger Districts of the South Zone are in Randolph, Pocahontas, Webster, Nicholas, and Greenbrier Counties in West Virginia.

Contractor Requirements

3.0 Technical Requirements / Tasks

Contractor shall provide all labor, materials, equipment, tools, supplies, transportation, and incidentals necessary to supply stone and aggregate to the FS at the locations and under the conditions specified in this contract for which the desired outcome is in strict accordance with the standards attached to each Task Order. Contractor shall have the capacity to deliver a minimum quantity of 300 tons per day to any designated site with directed by a Task Order.

Quantities Quantities listed in the Schedule of Items are approximations only, based on estimates supplied by the FS. It is understood and agreed that the contract shall cover the quantities actually ordered for delivery during the term of the contract, whether more or less than the quantities shown.

Material Specifications The material specifications are designated by, but not limited to the following:

Material: WVDOH Standard Spec Section:

Stone and Crushed Aggregate 704 Coarse Aggregate 703 Riprap 704.2 Shot Rock 704.8

Hauling Aggregate to FS Projects by Contractor The Contractor shall deposit aggregates at the project site at the locations and in a manner directed by the FS. This may include tailgating the aggregate into an aggregate spreader or onto a roadway or dumping the aggregate into a stockpile.

The Contractor shall bid a price per ton for each item on the schedule. The bid price shall include material and haul costs to any location in designated districts. There will be three separate schedules, one for each of the three Ranger Districts in the South Zone of the Monongahela National Forest. See attached map for district locations. Estimated annual quantities shown on the schedule are estimates and for information only. If the Contractor does not produce an item or produces an item by special order, this may be indicated on the bid sheet.

In the event any Contractor does not wish to extend the prices, terms, and conditions of his bid to all areas of the South Zone of the Monongahela National Forest, he must so indicate in a clear and unambiguous manner in his bid. This indication does not prejudice the award of the contract. If a Contractor does not include his refusal to extend the prices, terms, and conditions of his bid to areas of the South Zone of the Monongahela National Forest; he is bound to extend them upon issuance of a Task Order.

Weighing of Materials Material delivered by truck shall be weighed in accordance with Section 307.8.2 of the West Virginia Department of Transportation, Division of Highways Standard Specifications, Roads and Bridges, adopted 2017, as amended by Supplemental Specifications. Moisture required for Stone and Crushed Aggregate shall be added after loaded trucks have been weighed.

Sampling and Testing Sampling and testing for quality of all items furnished in this contract will be the responsibility of the Contractor. The FS retains the right to perform acceptance testing. The Contractor will be responsible for providing test results attesting to the gradation of materials delivered. Contractor is responsible for providing necessary sampling and testing for applicable sections shown in the West Virginia Department of Transportation, Division of Highways Standard Specifications, Roads and Bridges, adopted 2017, as amended by Supplemental Specifications.

Acceptance Plan Material failing to comply with the quality requirements will not be accepted.

Contractor’s Invoices Contractor’s invoices must be submitted in original with one copy and contain the following:

• All weigh ticket numbers for material delivered during the invoicing period.

• Name and address of the Contractor.

• Invoice date and invoice number.

• FS Contract/task order number.

• Taxpayer Identification Number (TIN).

• Description, quantity, unit of measure, unit price, and extended price (Total quantity invoiced shall be scale weights – supported by weigh tickets).

• Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

Performance The Contractor shall exercise caution and care while pursuing the work to prevent unnecessary conflict with, or potential hazards to road users. Whenever possible, the road shall remain passable to traffic while work is being performed. The Contractor shall be held liable for any damage caused by his personnel or equipment to any existing structures such as bridges, culverts, signs, guardrails, or any other Government infrastructure or property. Repair or replacement to these structures shall be at the Contractor’s expense. The Government shall not be liable to loss, damage, or destruction of equipment furnished by the Contractor.

Performance of individual tasks will be accomplished by the issuance of Task Orders against the IDIQ contract. The Performance Based Statement of Work shall consist of completing the ordered Tasks to the Acceptable Quality Level (AQL) required in the Performance Work Statement / Quality Assurance Plan. The awarded contract and task orders shall constitute the entire agreement including all terms and conditions applicable to the contract.

Performance Work Statement / Quality Assurance Plan Requirement Tasks / Critical Sub-Tasks Quality Standards

1. Materials The Contractor shall deposit aggregates at the project site at the locations and in a manner directed by the FS

Gradation / quality meets West Virginia Division of Highways Standards for materials shown in Schedule of Items

AQL Method of Monitoring Incentive / Disincentive In accordance with West Virginia Division of Highways Standards and accepted industry practice

Quality Control Plan and Material Compliance Certificates

Positive / Negative performance to be reported to NIH with potential additional option years

4.0 Government Furnished

Government shall furnish access to the sites. Contractor to coordinate work schedule with site representative to ensure access is available.

5.0 Deliverables / Schedule

If necessary, Task Orders (TO) will be competed among the IDIQ contractors for aggregate placement on the South Zone of the Monongahela National Forest. Each TO will list the tasks and the estimated quantities of those tasks that will be performed on the TO. In determining who will receive the TO, the FS will consider the price (as indicated in the schedule of items of the awarded contract), past performance (including past performance on previous orders under the contract), and any other factors indicated on the TO. Submittals for each TO will include the following if requested by the FS:

• Quality Control Plan – Demonstrate the ability to complete all tasks to the required Performance Quality Standards and/or Acceptable Quality Levels

• Inspection Records – At a minimum, provide a copy of material compliance certificates (aggregate, stone, riprap, etc.)

Payment will be made after inspection and acceptance by the COR. All payments by the Government to the Contractor under this contract will be made in accordance with Electronic Funds Transfer (EFT) methods referenced in this solicitation.

In accordance with the Prompt Payment Act, payment will be due 30 days after receipt of supplies/services or receipt of proper invoice whichever is later. To check on payments once a contract has been awarded, contact the Miscellaneous Payments Section of National Finance Center at 1-800-421-0323.

ATTACHMENTS

Attachment #1 Monongahela National Forest 2 Pages South Zone Map

Attachment #2 Capability Statement 1 Page

Attachment #3 Experience / Past Performance 1 Page Questionnaire

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

The contract(s) awarded will be in accordance with FAR 16.504 resulting in an Indefinite Delivery, Indefinite Quantity (IDIQ) contract which means that the government does not currently know the exact amount and timing of the supplies to be ordered. Actual task orders will be issued as needed during the life of the contract.

Performance during the Base Year will begin on the date of contract award and end on December 31, 2023. There are four one-year option period included that may be exercised in accordance with applicable terms and conditions at the government’s discretion. Each new option year will begin on January 1 and end on December 31.

Each awarded task order will specify the type of stone requested, number of tons need and the period of performance for that project.

Delivery of stone will be throughout the South Zone of the Monongahela National Forest.

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

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

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

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) Technical Capability – Provide a statement as to the number of tons your firm has the ability to deliver during each season of the year as well as the source of material to be delivered and the location of your storage sites.

ii) 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.

b) Price Proposal – Include the following: 1) completed price schedule from Section V of this announcement (pages 2 – 17) and 2) acknowledge any amendment(s) issued on www.sam.gov for this solicitation by completing and signing the posted SF- 30.

c) Representations and Certifications – Fill in the check boxes for provisions 52.204-24 (pages 23-26), 52.209-7 (pages 26-28), and 52.212-3 (pages 28-29), found in Section x of this solicitation and include a copy with your offer.

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

https://www.sam.gov/SAM/ http://www.sam.gov/ mailto:carrie.edwards@usda.gov

3) All questions must be submitted in writing. Address questions about this solicitation to Carrie Edwards at carrie.edwards@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 most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

• TECHNICAL

o CAPABILITY STATEMENT

• PAST PERFORMANCE

• PRICE

Technical and past performance, when combined, are approximately equal to price.

(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.

52.209-7 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 (OCT 2022) (DEVIATION JUL 2020) (Provision)

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

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

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

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

[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. 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).

https://www.sam.gov/ http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876

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 2021) (DEVIATION 2017-1)

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (OCT 2022) (DEVIATION 2017- 1, DEVIATION APR 2020, and 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:

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

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

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

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

6101note).

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

☐ (11) [Reserved].

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

U.S.C.657a).

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

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

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

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

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

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

☒ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).

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

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

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

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

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

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

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

☒ (20) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s) ☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

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

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

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

☒ (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Oct 2022) (15 U.S.C. 632(a)(2)).

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

☐ (24) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

☐ (25) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

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

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

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

☒ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022)

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

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

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

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

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

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

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

U.S.C.793).

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

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

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

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

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

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

☐ (37) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

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

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

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

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

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

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

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

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

8259b).

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

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

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

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

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

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

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

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

☐(ii) Alternate I (Oct 2022) of 52.225-1 ☐ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Oct 2022)

(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.

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

☐ (51) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

5150).

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

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

☐ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

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

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

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

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

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

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

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

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

☒ (62) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Nov

2021) (DEVIATION APR 2020) (31 U.S.C.3332).

☐ (63) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (65) (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…