12444324R0001.pdf

Solicitation Number: 12444324R0001 – Monongahela National Forest Road Maintenance (Grading)

(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 Proposal (RFP).

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

(iv) This procurement is set aside for Small Business concerns. The NAICS code is 237310 – Highway, Street and Bridge Construction and the Small Business Size Standard is $45 million.

(v) Schedule of Items/Price Schedule

Vendor Name: __________________________________Vendor UEI:___________________

MONONGAHELA NATIONAL FOREST

ROAD MAINTENANCE (GRADING)

ITEM NO DESCRIPTION EST ANNUAL

QTY

UNIT OF

MEASURE

UNIT

PRICE AMOUNT

Item 1 NORTH ZONE

The North Zone of the Monongahela National Forest encompasses the Cheat-Potomac and Greenbrier Ranger Districts

0001 Base Year

Date of Award through December 31, 2024

ROADBED

0001 AA GRADING

Grading Road Surfaces, including scarification as needed, in accordance with all Contract and Task Order Specifications

130 Mile $ $

DRAINAGE

0001 AB CULVERT CLEANING

Clean culvert to maintain maximum attainable free flow

130 Mile $ $

0001 AC DITCHES

Clean ditches to maintain maximum attainable free flow in an environmentally sound manner. Remove up to 3 felled trees per mile.

130 Mile $ $

0001 AD TREE REMOVAL

Remove additional felled trees. 100 Each $ $

SCHEDULED MAINTENANCE TOTAL NORTH

ZONE

BASE

YEAR $

UNIT OF

MEASURE

1001 Year 1

January 1, 2025 through December 31, 2025

ROADBED

1001 AA GRADING

Grading Road Surfaces, including scarification as needed, in accordance with all

1001 AB CULVERT CLEANING

Clean culvert to maintain maximum attainable free flow

130 Mile $ $

1001 AC DITCHES

Clean ditches to maintain maximum attainable free flow in an environmentally sound manner. Remove up to 3 felled trees per mile.

130 Mile $ $

1001 AD TREE REMOVAL

YEAR

1 $

UNIT OF

MEASURE

2001 Year 2

January 1, 2026 through December 31, 2026

ROADBED

2001 AA GRADING

Grading Road Surfaces, including scarification as needed, in accordance with all

2001 AB CULVERT CLEANING

Clean culvert to maintain maximum attainable free flow

130 Mile $ $

2001 AC DITCHES

Clean ditches to maintain maximum attainable free flow in an environmentally sound manner. Remove up to 3 felled trees per mile.

130 Mile $ $

2001 AD TREE REMOVAL

2 $

UNIT OF

MEASURE

3001 Year 3

January 1, 2027 through December 31, 2027

ROADBED

3001 AA GRADING

Grading Road Surfaces, including scarification as needed, in accordance with all

3001 AB CULVERT CLEANING

Clean culvert to maintain maximum attainable free flow

130 Mile $ $

3001 AC DITCHES

Clean ditches to maintain maximum attainable free flow in an environmentally sound manner. Remove up to 3 felled trees per mile.

130 Mile $ $

3001 AD TREE REMOVAL

3 $

UNIT OF

MEASURE

4001 Year 4

January 1, 2028 through December 31, 2028

ROADBED

4001 AA GRADING

Grading Road Surfaces, including scarification as needed, in accordance with all

4001 AB CULVERT CLEANING

Clean culvert to maintain maximum attainable free flow

130 Mile $ $

4001 AC DITCHES

Clean ditches to maintain maximum attainable free flow in an environmentally sound manner. Remove up to 3 felled trees per mile.

130 Mile $ $

4001 AD TREE REMOVAL

4 $

IDIQ

TOTAL

NORTH

ZONE $

UNIT OF

MEASURE

Item 2 SOUTH ZONE

The South Zone of the Monongahela National Forest encompasses the Gauley and Marlinton-White Sulphur Ranger Districts

0002 Base Year

Date of Award through December 31, 2024

ROADBED

0002 AA GRADING

Grading Road Surfaces, including scarification as needed, in accordance with all

0002 AB CULVERT CLEANING

Clean culvert to maintain maximum attainable free flow

130 Mile $ $

0002 AC DITCHES

Clean ditches to maintain maximum attainable free flow in an environmentally sound manner. Remove up to 3 felled trees per mile.

130 Mile $ $

0002 AD TREE REMOVAL

Remove additional felled trees. 5 Each $ $

SCHEDULED MAINTENANCE TOTAL SOUTH

BASE

YEAR $

UNIT OF

MEASURE

1002 Year 1

January 1, 2025 through December 31, 2025

ROADBED

1002 AA GRADING

Grading Road Surfaces, including scarification as needed, in accordance with all

1002 AB CULVERT CLEANING

Clean culvert to maintain maximum attainable free flow

130 Mile $ $

1002 AC DITCHES

Clean ditches to maintain maximum attainable free flow in an environmentally sound manner. Remove up to 3 felled trees per mile.

130 Mile $ $

1002 AD TREE REMOVAL

1 $

UNIT OF

MEASURE

2002 Year 2

January 1, 2026 through December 31, 2026

ROADBED

2002 AA GRADING

Grading Road Surfaces, including scarification as needed, in accordance with all

2002 AB CULVERT CLEANING

Clean culvert to maintain maximum attainable free flow

130 Mile $ $

2002 AC DITCHES

Clean ditches to maintain maximum attainable free flow in an environmentally sound manner. Remove up to 3 felled trees per mile.

130 Mile $ $

2002 AD TREE REMOVAL

2 $

UNIT OF

MEASURE

3002 Year 3

January 1, 2027 through December 31, 2027

ROADBED

3002 AA GRADING

Grading Road Surfaces, including scarification as needed, in accordance with all

3002 AB CULVERT CLEANING

Clean culvert to maintain maximum attainable free flow

130 Mile $ $

3002 AC DITCHES

Clean ditches to maintain maximum attainable free flow in an environmentally sound manner. Remove up to 3 felled trees per mile.

130 Mile $ $

3002 AD TREE REMOVAL

3 $

UNIT OF

MEASURE

4002 Year 4

January 1, 2028 through December 31, 2028

ROADBED

4002 AA GRADING

Grading Road Surfaces, including scarification as needed, in accordance with all

4002 AB CULVERT CLEANING

Clean culvert to maintain maximum attainable free flow

130 Mile $ $

4002 AC DITCHES

Clean ditches to maintain maximum attainable free flow in an environmentally sound manner. Remove up to 3 felled trees per mile.

130 Mile $ $

4002 AD TREE REMOVAL

SCHEDULED MAINTENANCE TOTAL SOUTH ZONE YEAR 4 $

SOUTH ZONE IDIQ TOTAL $

IDIQ CONTRACT GRAND TOTAL $

SCHEDULE NOTES:

1. In order to be eligible for a contract award under this solicitation, you must be completely registered in the System for Award Management program (www.sam.gov) at the time of proposal evaluation. Registering in SAM is free. If you do not have an “active” profile or you do not submit the requested information according to the solicitation provisions, you could be considered non-responsive.

2. This solicitation will result in the award of a firm, fixed-price, multiple-year, Indefinite- Delivery, Indefinite Quantity (IDIQ) service contract(s). All awards will be Performance Based Service Contract(s).

3. Multiple awards may result from this solicitation. The Government intends on making multiple awards (one (1) to three (3) contracts) to the responsible Offerors whose proposals the Government determines conforms to the solicitation, is fair and reasonable with regard to pricing, and whose proposals offer the best overall value to the Government considering the price and non-price factors described herein. The actual number of awards will be dependent on the proposals received and the overall benefit to the Government. Task Orders for identified work will then be competed between the contractors receiving an IDIQ contract award from this solicitation.

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

5. 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 task order. Actual work ordered will be based on prices submitted and funds available at times of needs.

6. The pricing offered is considered by the Forest Service to be contractually binding unit ceiling pricing. If a contract is awarded, the Contractor is bound to this offered pricing as the maximum pricing that can be offered when a task order is solicited. When offering a task order proposal, the IDIQ Contractor can elect to offer less than the contractually established ceiling pricing; however, this reduction is only in effect for that specific task order solicitation / issued task order and does not constitute a contractual change to the unit ceiling pricing. IDIQ contracts will not be awarded to Offerors who do not propose reasonable initial ceiling pricing. Unreasonably high, unrealistically low, unbalanced or incomplete pricing shall eliminate a proposal from competition.

7. Prices may be submitted for the North Zone (Cheat/Potomac and Greenbrier Ranger Districts), the South Zone (Gauley and Marlinton/White Sulphur Ranger Districts), or both the North and South Zones.

8. The Government intends to evaluate proposals and award contracts without further http://www.sam.gov/ negotiations or discussions, unless clarification is required. Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from a price and technical standpoint. The Government reserves the right to enter into discussions later, if the Contracting Officer deems that it is the interest of the Government to do so.

9. Award will be made for the entire 5-year period.

10. Contractor must, at its own expense, provide and maintain insurance coverage throughout the performance of this contract. See FAR Clause 52.228-6, Insurance – Work on a Government Installation and AGAR Clause 452-228-71, Insurance Coverage.

11. All warranted Contracting Officers of the USDA Forest Service are authorized to place orders under this contract. The amount of any order shall not exceed the maximum order limitations shown elsewhere in this contract.

12. 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.

13. The “Submit Invoice-to” address for USDA is the Department of Treasury’s Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. This is a mandatory requirement by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/. Your company must be registered at https://www.ipp.gov/vendors/enrollment-vendors to establish an account in order to submit an invoice on this project.

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

15. There is no “Show-me” trip scheduled for this project, prospective bidders are strongly encouraged to view the sites themselves to make their own estimate on the amount of work needed to perform the required services in accordance with the specifications detailed in the Statement of Work.

(Vendor Name) (Date) https://www.ipp.gov/ https://www.ipp.gov/vendors/enrollment-vendors

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

Attachment #1 Performance Work Statement 7 Pages

Attachment #2 Quality Assurance Surveillance Plan 14 Pages

Attachment #3 Monongahela National Forest Map 1 Page

Attachment #4 North Zone Map 1 Page

Attachment #5 South Zone Map 1 Page

Attachment #6 Technical Drawing 7 Pages

• Illustration of Road Structure Terms

• Typical Section – No Ditch Roadbed

• Typical Section – Ditched Roadbed

• Typical Section – Ditched Roadbed

• Typical Section – Scarifying

• Typical Leadoff Ditch

• Typical Ditch Relief Culvert Details

Attachment #7 SCA Wage Determination 4 Pages 1981-1254; Rev 64; Dated 12/26/2023

Attachment #8 Experience / Past Performance Questionnaire 1 Page

Attachment #9 Project Methodology 1 Page

Attachment #10 Key Personnel and Equipment 1 Page

FS PUBLICATIONS / INDUSTRY STANDARDS /

STATE STANDARDS / FS STANDARDS / TECHNICAL EXHIBITS

General: The following items are incorporated into the contract and are applicable to any or all work performed under this contract and/or task order. Copies are included in Attachments to the RFQ unless incorporated by reference as indicated.

Sign and Poster Guidelines for the Forest Service (by reference) – available at:

https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprd3810021.pdf

11th Edition of the MUTCD, December 2023 (by reference) – available at:

https://mutcd.fhwa.dot.gov/kno_11th_Edition.htm https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprd3810021.pdf https://mutcd.fhwa.dot.gov/kno_11th_Edition.htm

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

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 services to be ordered. Actual task orders will be issued as needed during the life of the contract.

Performance during the Base Period will be from Date of Award through December 31, 2024.

Each successive Year will be 12 months in duration and begin immediately upon expiration of the previous Year.

Each awarded task order will specify the performance location, number of miles and period of performance for that project.

Performance of services under awarded task orders could be required for any of the Ranger Districts on the Monongahela National Forest in West Virginia.

NORTH ZONE:

Cheat / Potomac Ranger District; Parsons and Petersburg, WV West Virginia Counties: Barbour; Grant; Pendleton; Preston; Randolph; Tucker

Greenbrier Ranger District; Bartow, WV West Virginia Counties: Pocahontas; Randolph

SOUTH ZONE:

Gauley Ranger District; Richwood, WV West Virginia Counties: Greenbrier; Nicholas; Pocahontas; Webster

Marlinton / White Sulphur Ranger District; Marlinton and White Sulphur Springs, WV West Virginia Counties: Greenbrier; Pocahontas; Randolph; Webster

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

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

i) Experience and Past Performance – submit a short narrative providing details of the experience your firm has (either as a prime or sub-contractor) with work similar in nature and scope in geographical conditions similar to this requirement (remote location, damp climate, similar logistical challenges for transporting equipment and materials, etc.). Also provide a list of similar projects completed by your firm over the past five (5) 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) Project Methodology – Explain in detail your methodology for completion of this project, including use of labor, materials, tools, transportation, permits and superintendence. How do you plan to accomplish this project, what is your proposed schedule of work, and any other pertinent factors that you feel would provide a better understanding of what your offer includes. Explain your safety plan and quality control plan. Also explain your traffic control plan (how contractor will manage traffic in the area where road maintenance activities are in progress).

iii) Key Personnel and Equipment – Provide brief resumes for key personnel including their certification(s) to operate equipment such a CDL.

Additionally, provide a list of equipment to be used on the project.

b) Price Proposal – Include the following: 1) the completed Schedule of Items from Section v of this solicitation (pages 2-11), and 2) acknowledgement of any amendments to this solicitation on www.sam.gov by completing and signing the posted

SF-30.

c) Representations and Certifications – Fill in the check boxes for provisions 52.204-24 (pages 17-20), 52.204-29 (pages 20-22), 52.209-7 (pages 22-23), and 52.212- 3 (pages 23-24) found in paragraph x of this solicitation and include a copy with your offer.

3) 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, 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.

4) Address questions about this solicitation to Carrie Edwards at carrie.edwards@usda.gov.

mailto:carrie.edwards@usda.gov mailto: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:

• Experience and Past Performance

• Project Methodology

• Key Personnel and Equipment

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.

52.204-29 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:%5CUsers%5Cmelissaajohnson%5CDownloads%5C(DEVIATION%20NOV%202022)%20%E2%80%93%20Offerors%20that%20are%20representing%20as%20joint%20ventures%20should%20submit%20their%20socio-economic%20status%20in%20the%20space%20provided%20above%20until%20such%20time%20that%20SAM.gov%20has%20been%20updated%20to%20include%20the%20joint%20venture%20representations%20contained%20within http://www.acquisition.gov/far/ 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)

(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:

☒ (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 Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

☐ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☐ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023)

(E.O.13126).[DEVIATION JAN 2024]

☒ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

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

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

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

☒ (36) (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.

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

☒ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

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

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

https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf

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

☐ (40) 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.)

☐ (41) (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.)

☐ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (44) (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.

☐ (45) (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.

☐ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

☐ (47) (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.

☒ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

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

☐(ii) Alternate I (Oct 2022) of 52.225-1 ☐ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19

U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), Public Law. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

☐(ii) Alternate I [Reserved] ☐(iii) Alternate II (Dec 2022) of 52.225-3.

☐(iv) Alternate III (Nov 2023) of 52.225-3 (DEVIATION JAN 2024).

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

☐ (54) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf

☒ (55) 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).

☐ (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

☐ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

☐ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

☐ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

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

☒ (61) 52.232-30, Installment Payments for Commercial Products and Commercial

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

☒ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

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

☐ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

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

☐ (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

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

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

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

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

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

☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

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

This Statement is for Information…