12639523Q0172.pdf
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
APHIS-MN-126395
MINNEAPOLIS MN 55401
SUITE410
250 MARQUETTE AVE
USDA APHIS
APHIS-PPQ-RMS-74DF CODE 16. ADMINISTERED BYCODE
X
X
X
325320
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MN-126395
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
05/19/2023 1600 ET
05/05/2023
919-257-7535MARIO GARCIA
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
12639523Q0172
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 2 1093745OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
Edinburg TX 78541 22675 N Moorefield Road Bldg 6407, Moore Air Base USDA APHIS PPQ Facilities & Operat
USDA-APHIS-PPQ-RMS
15. DELIVER TO
MINNEAPOLIS MN 55401
SUITE410
250 MARQUETTE AVE
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
1,000
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
USDA APHIS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Tax ID Number: Not Available DUNS Number: Not Available See attached addenda.
Delivery: 05/01/2023 Period of Performance: 06/01/2023 to 05/31/2028
0001 See Pricing Schedule for terms and pricing. All funding will be obligated on individual Delivery Orders issued by the Contracting Officer. Each Delivery Order will specify what supplies and amounts are to be ordered.
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
MARIO D. GARCIA
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Product/Service Code: 6840
Product/Service Description: PEST CONTROL AGENTS
AND DISINFECTANTS
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
2 2 of
1 12639523Q0172 Forestry Lures
Notes to Quoters:
1. This solicitation is for a single award Base and 4 Option Year Indefinite Delivery Indefinite Quantity (IDIQ) type contract. Quoted prices shall include all costs necessary to supply and deliver FOB destination to the TX location listed in the SOW (2.7).
2. ANY QUESTIONS PERTAINING TO THIS Request for Quotes (RFQ) SHALL BE DIRECTED TO MARIO GARCIA, BY EMAIL TO mario.garcia2@usda.gov no later than when quotes are due.
3. ALL CONTRACTORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD
MANAGEMENT (SAM) PRIOR TO QUOTING. Go to www.sam.gov to register. If already registered, please make sure that your registration is up to date and that you have completed all FAR representations and certifications.
4. ALL WORK PERTAINING TO THIS REQUEST SHALL BE DONE IN
ACCORDANCE WITH THE INCLUDED SOW.
5. YOU MAY EMAIL YOUR QUOTE DIRECTLY TO Mario Garcia before the time specified on the solicitation. Send quotes to: mario.garcia2@usda.gov
6. USDA IS AN AGENCY OF THE FEDERAL GOVERNMENT, TAX-EXEMPT. FEDERAL TAX. I.D. NO.
41-0696271.
7. Interested vendors shall submit:
a. the completed pricing schedule (1.0).
b. statement of capability (a narrative outlining experience in supplying Forestry Lures or a similar product, and whether vendor can meet delivery terms as specified in the
SOW).
c. two references for past performance to include the work done, point of contact, email address and phone number.
d. contact information, UEI number, and confirmation of SAM registration.
(See Provision 52.212-2 at the end of this document for evaluation factors). Evaluation of quotes will be based on best value consistent with FAR Part 13, Simplified Acquisition Procedures.
8. This solicitation is issued 100% small business set-aside under NAICS 325320.
mailto:mario.garcia2@usda.gov http://www.sam.gov/ mailto:mario.garcia2@usda.gov
1 12639523Q0172 Forestry Lures
Notes to Quoters:
1. This solicitation is for a single award Base and 4 Option Year Indefinite Delivery Indefinite Quantity (IDIQ) type contract. Quoted prices shall include all costs necessary to supply and deliver FOB destination to the TX location listed in the SOW (2.7).
2. ANY QUESTIONS PERTAINING TO THIS Request for Quotes (RFQ) SHALL BE DIRECTED
TO
MARIO GARCIA, BY EMAIL TO mario.garcia2@usda.gov no later than when quotes are due.
3. ALL CONTRACTORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD
MANAGEMENT (SAM) PRIOR TO QUOTING. Go to www.sam.gov to register. If already registered, please make sure that your registration is up to date and that you have completed all FAR representations and certifications.
4. ALL WORK PERTAINING TO THIS REQUEST SHALL BE DONE IN ACCORDANCE
WITH THE INCLUDED SOW.
5. YOU MAY EMAIL YOUR QUOTE DIRECTLY TO Mario Garcia before the time specified on the solicitation. Send quotes to: mario.garcia2@usda.gov
6. USDA IS AN AGENCY OF THE FEDERAL GOVERNMENT, TAX-EXEMPT. FEDERAL
TAX. I.D. NO. 41-0696271.
7. Interested vendors shall submit:
a. the completed pricing schedule (1.0).
b. statement of capability (a narrative outlining experience in supplying Forestry Lures or a similar product, and whether vendor can meet delivery terms as specified in the SOW).
c. two references for past performance to include the work done, point of contact, email address and phone number.
d. contact information, UEI number, and confirmation of SAM registration.
(See Provision 52.212-2 at the end of this document for evaluation factors). Evaluation of quotes will be based on best value consistent with FAR Part 13, Simplified Acquisition Procedures.
8. This solicitation is issued 100% small business set-aside under NAICS 325320.
mailto:mario.garcia2@usda.gov http://www.sam.gov/ mailto:mario.garcia2@usda.gov
2 12639523Q0172 Forestry Lures
1.0 Pricing Schedule
CLIN Description Qty Unit
Price
0001A 0001B 0001C 0001D 0001E 0001F 0001G 0001H
Base Period: 06/01/2023 – 05/31/2024
6-diol lure 6-ketone lure Alpha pinene lure, ultra-high release Diprion pini lure Ethanol lure, UHR Fuscumol acetate lure Monochamol lure Spruce blend lure, UHR
EA
EA
EA
EA
EA
0002A 0002B 0002C 0002D 0002E 0002F 0002G 0002H
Ordering Period 1: 06/01/2024 - 05/31/2025
6-diol lure 6-ketone lure Alpha pinene lure, ultra-high release Diprion pini lure Ethanol lure, UHR Fuscumol acetate lure
EA
EA
EA
EA
0003A 0003B 0003C 0003D 0003E 0003F 0003G 0003H
Ordering Period 2: 06/01/2025 – 05/31/2026
6-diol lure 6-ketone lure Alpha pinene lure, ultra-high release Diprion pini lure Ethanol lure, UHR Fuscumol acetate lure
EA
EA
EA
EA
0004A 0004B 0004C 0004D 0004E 0004F 0004G 0004H
Ordering Period 3: 06/01/2026 - 05/31/2027
6-diol lure 6-ketone lure Alpha pinene lure, ultra-high release Diprion pini lure Ethanol lure, UHR Fuscumol acetate lure
EA
EA
EA
EA
0005A 0005B 0005C 0005D 0005E 0005F 0005G 0005H
Ordering Period 4: 06/01/2027 - 05/31/2028
6-diol lure 6-ketone lure Alpha pinene lure, ultra-high release Diprion pini lure Ethanol lure, UHR Fuscumol acetate lure
EA
EA
EA
EA
Total Price of All Line Items
3 12639523Q0172 Forestry Lures
2.0 Statement of Work – General Forestry Lures
2.1 SCOPE: Definite delivery of one or more of the following semiochemical lures:
• 1.6-diol lure
• 2.6-ketone lure
• 3.Alpha pinene lure, ultra-high release (UHR)
• 4.Diprion pini lure
• 5.Ethanol lure, UHR
• 6.Fuscumol acetate lure
• 7.Monochamol lure
• 8.Spruce blend lure, UHR
2.2 BACKGROUND:
Semiochemical lures when combined with a variety of traps have been shown to be an effective monitoring tool for non-indigenous forest insect pests and wood-boring beetles. The various trap and lure combinations have enabled the United States Department of Agriculture (USDA) to better contain and monitor potential infestations of these insects. Forest insect pests are some of the most serious exotic plant pests threatening forest and environmental resources. The USDA Animal and Plant Health Inspection Service, Plant Protection and Quarantine has been tasked by Congress with detecting, monitoring and managing these insects. The impact of these insects, should they become established, would have irreversible impacts on natural resources, hinder trade, and increase costs of production.
Ultimately, an eradication and/or control program would likely be in the millions of dollars if these insects were to go undetected in our environment.
2.3 OBJECTIVE:
The requested semiochemical lures are needed to equip program personnel to detect and monitor many existing and potential exotic pest infestations. Without these semiochemicals, defining infestations might not be possible and the ultimate cost to the USDA and cooperators of an eradication program could exceed millions of dollars should these lures not be available.
2.4 PACKAGE MARKING/LABELING
The following conditions must be met for the requested products:
1. Each product must be identified, both on the lure packet and the shipping containers with:
• Manufacturer’s name
• Lure name, as listed in section H. Specifications
• Batch or lot number
• Expiration date, if applicable
• Optimal storage conditions (Manufacturer’s recommended optimal storage temperature, and recommended minimum and maximum storage temperature range)
• Expected duration of effectiveness when being utilized
• Contract number
• Manufacturing date
• Semiochemical component(s) or chemical name(s), as listed in section H. Specifications
2. Products must be identifiable and distinguishable from each other by either marking each package or by color coding so that even a colorblind person can identify the difference.
4 12639523Q0172 Forestry Lures
2.5 PACKAGING:
Packaging is an important part of the delivery of these fragile and products the following must be followed:
(a) The product must be evenly packaged.
(b) The product must be packed in an impermeable over pack to prevent leakage and be sturdy enough to ensure safe delivery.
(c) Each shipment will also contain a current Safety Data Sheet (SDS)
(d) Each shipment will include a packing slip identifying the following:
(i) Manufacturer
(ii) Batch/Lot number
(iii) Date of manufacture
(iv) Purchase order number
(v) Quantity shipped
2.6 SHIPPING:
• Material shall be packed for shipment in such a manner that shall ensure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission regulations, Uniform Freight Classification rules, or regulations of other carriers as applicable to the mode of transportation.
• Shipping time and conditions must be accounted for when the manufacturer supplies USDA with information on the lures’ shelf life. The USDA will be shipping from Edinburg, TX to various locations throughout the US, with a maximum shipping time of 6 days with various temperature exposures during this transit time. It shall be understood that storage condition requirements (i.e., refrigeration) will not be met during this time and the shelf life of the lures must not be adversely impacted because of this shipping time.
2.7 DELIVERY OF PRODUCT(S) FOB DESTINATION TO:
• USDA APHIS PPQ
22675 N. Moorefield Rd.
Bldg. 6420 Edinburg, TX 78541
2.8 ORDERING. Each order under this contract will be issued by the Contracting Officer via email. The order will specify location and quantity. Pricing will apply as listed in the schedule on the date of the order, even if delivery is later.
2.9 CONTACT PERSONS:
Contracting Officer (CO) Mario Garcia Mario.garcia2@usda.gov Phone: 919-257-7535
Program Points of Contact Martha Garza martha.garza@usda.gov Phone: 956-292-1073 mailto:Mario.garcia2@usda.gov mailto:martha.garza@usda.gov
5 12639523Q0172 Forestry Lures
2.10 SPECIFICATION UNIQUE TO EACH PRODUCT LISTED IN THIS STATEMENT OF
WORK:
1. 6-diol lure
a. Dispenser type: bubble cap or sachet b.Chemical: RRSS-2,3-hexanediol
c. Length of effectiveness: 90 days
d. Estimated release rate: 1.05 mg/day
2. 6-ketone lure
a. Dispenser type: bubble cap or sachet
b. Chemical: 3-hydroxy-2-hexanone
d. Estimated release rate: 3 mg/day or high release
3. Alpha pinene lure, UHR
a. Dispenser type and release rate: Should be consistent with an ultra-high release polysleeve dispenser so that the lure will be emitted at a controlled rate of release shown to be effective for the capture of:
Tomicus piniperda, Tomicus destruens, Monochamus alternates, or Hylurgus ligniperda
b. Length of effectiveness: 56 days
4. Diprion pini lure
a. Dispenser type: polypropylene vial
b. Chemical: Propionate ester of (2S,3R,7R)-3,7-dimethyl-2-tridecanolin
c. Length of effectiveness: 30 days
d. Load rate: 2.5 mg load rate per lure, minimum
5. Ethanol lure, UHR
a. Dispenser type: Passive release device which is loaded with over 100 grams of pure ethanol and is contained in a polysleeve or other dispensers.
b. Load rate: APHIS realizes this release from device is often controlled by temperature and other environmental factors. The load rate of the dispenser should be adequate to last 56 days in a variety of environmental factors.
c. Ethanol should be effective against Monochamus alternatus, Hylobius abietis, Tetropium castaneum, Tetropium fuscum, Tomicus destruens when used in conjunction with other semiochemicals like alpha pinene.
6. Fuscumol acetate lure
a. Dispenser type: bubble cap or septum
b. Chemical: fuscumol acetate
d. Estimated release rate: 3.2 mg/day or medium release
7. Monochamol lure
a. Dispenser type: Polyethylene vials or polyethylene sachets
b. Chemical: 2-(undecyloxy)-ethanol, as described by Pajares et al. (2010)
c. Length of effectiveness: 28 days
8. Spruce blend lure, UHR
6 12639523Q0172 Forestry Lures
APHIS, through peer reviewed literature, understands that the listed blending of semiochemicals below to be an attractant for Tetropium fuscum and Tetropium castaneum.
1. Chemical composition per lure (ratios will only be met at the time of manufacturing):
a. (-) α-pinene: 44%
b. (-)-β-pinene: 19%
c. (+)-3-Carene: 10%
d. (+)-Limonene: 18%
e. Alpha-terpinolene: 9%
2. Release rate and length of effectiveness: Average initial release rate of >2 grams per day at 20°C, and a load rate that will produce an expected field life of the lure for 56 days at 20°C.
3. The lure shall be designed in such a way that the following conditions can be met:
a. Can easily be hung from a Cross-Vane Panel trap utilizing a plastic zip tie, cable tie or similar product.
b. The dispenser will be rugged enough to last 56 days in a temperate forest and be able to withstand winds, rains, thrashing and other movements while hanging on trap.
c. The lure will be able to be replaced easily and is not permanently fixed to the trap.
4. APHIS will also require that twenty (20) zip ties will be attached in a fashion that will allow the zip ties and lures to be separated yet form a cohesive package that is a self-contained unit. The zip ties cannot be contained in the same compartment as the lures.
2.11 SPECIFICATIONS APPLICABLE TO ALL PRODUCTS LISTED IN THIS STATEMENT OF
WORK
Given the various construction of lure dispensers, companies shall also summit the following for each unique lure:
1. Detailed specification of the lures submitted, including percent composition of all chemicals, and listing of both active and non-active ingredients. APHIS may request documents after the samples are submitted for testing.
2. Information relating to effectiveness of the given semiochemical supporting the submitted lures’ specifications.
3. Written specifications and testing procedures used to ensure products meet given specifications.
4. Data supporting the expected field life of the semiochemical.
All submitted information will be treated as confidential business information.
2.12 QUALITY CONTROL TESTING
To assure the most effective use of taxpayer dollars, APHIS will be instituting a Quality Control program to address lure leakage and product reliability. APHIS will routinely monitor the following aspects of lure quality:
• Active component purity and quality
• Lure shelf life: all dispensers shall exhibit satisfactory shelf life by remaining in compliance with the specifications for at least six months when stored at the manufacturer’s specified conditions.
• Lure leakage upon arrival
• If a company is found to have a lure leakage rate more than 2% of the provided lures, they will provide working replacements for these products at no cost to the government. Similarly, if 5% of the product is found to have a depleted content after 6 months at optimal storage the manufacturer will offset the required supply at no cost. If at any point of the expected shelf
7 12639523Q0172 Forestry Lures life, the active component if found to have purity or quality issues, the company will provide replacement lures meeting the stated specifications.
At the request of the manufacturer, USDA APHIS may provide representative samples of the failed products.
2.13 INVOICING
The USDA, APHIS, uses the Invoice Processing Platform (IPP) for electronic submission and tracking of invoices and payment information to its suppliers of goods and services. Invoices shall be submitted electronically to the IPP invoicing system. The contractor may register on the site. Contractor shall also cooperate with any procedures required for the timely closeout of the contract. Invoices shall include the following minimum information:
a. Name, address of contractor and contact information
b. Invoice date and number
c. Contract and order number
d. Line item and description of products supplied
e. Units and prices
f. Date of delivery and location of delivery
The Government reserves the right to reject an invoice that does not include the information above
8 12639523Q0172 Forestry Lures
3.0 CONTRACT CLAUSES
52.252-2 Clauses Incorporated by Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of the clauses may be accessed electronically at these addresses:
http://www.acquisition.gov/far/ and www.usda.gov/procurement/policy/agar.html
NUMBER TITLE DATE
52.204-13 System for Award Management Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.212-4 Contract Terms and Conditions—Commercial Items Dec 2022 52.232-40 Providing Accelerated Payments to Small Business Mar 2023
Subcontractors
FULL TEXT
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (Dec 2022)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(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. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 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)).
http://www.usda.gov/procurement/policy/agar.html
9 12639523Q0172 Forestry Lures
__ (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.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).
_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
__ (10) [Reserved].
__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).
__ (12) 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).
__ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)).
__ (17) (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.
__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
_X_ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).
__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).
_X_ (22) (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.
__ (23) 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)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C.
644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).
_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).
_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
10 12639523Q0172 Forestry Lures
__ (ii) Alternate I (Jul 2014) of 52.222-36.
_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O.
13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
__ (36) 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.)
__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).
__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
_X_ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C.
3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (Dec 2022) of 52.225-3.
__ (iv) Alternate III (Jan 2021) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.
Subtitle A, Part V, Subpart G Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).
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__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).
__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).
__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).
__ (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).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C.
1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this
12 12639523Q0172 Forestry Lures contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
13 12639523Q0172 Forestry Lures
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C.
chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.
Subtitle A, Part V, Subpart G Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C.
1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.216-18 Ordering. (Aug 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through contract expiration.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered “issued” when—
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either—
(i) Posts a copy of the delivery order or task order to a Government document access system, and
14 12639523Q0172 Forestry Lures notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
52.216-19 Order Limitations. (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $25,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor-
(1) Any order in excess of $500,000.00;
(2) Any order for multiple deliveries in excess of $1,000,000.00; or
(3) A series of orders from the same ordering office within 6 months that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph
(b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 -- Indefinite Quantity. (Oct 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
15 12639523Q0172 Forestry Lures
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after May 31, 2028.
(End of Clause) AGAR 452.204-70, Modification for Contract Closeout (DEVIATION JULY 2022)
“Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR Part 13.
(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.
(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.”
16 12639523Q0172 Forestry Lures
4.0 SOLICITATION PROVISIONS
The following FAR provisions are considered applicable to this solicitation.
52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/
NUMBER TITLE DATE
52.204-7 System for Award Management Oct 2018 52.204-16 Commercial and Government Entity Code Reporting Aug 2020 52.204-17 Ownership or Control of Offeror Aug 2020 52.212-1 Instructions to Offerors – Commercial Items Mar 2023
FULL TEXT
52.204-20 Predecessor of Offeror (Aug 2020)
(a) Definitions. As used in this provision–
Commercial and Government Entity (CAGE) code means–
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name.
The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: (or mark "Unknown").
https://www.acquisition.gov/far/
17 12639523Q0172 Forestry Lures
Predecessor legal name: .
(Do not use a "doing business as" name).
(End of provision)
52.212-2 Evaluation—Commercial Products and Commercial Services.
(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:
Price, Capability, Past Performance
(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.
(End of provision)
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021)
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 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25
18 12639523Q0172 Forestry Lures 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…
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