12639524Q0079 Amend 1 .docx

12639524Q0079 Amendment 1

INSTRUCTIONS TO OFFERORS

The purpose of this amendment is to:

A. Change the solicitation from a Total Small Business Set aside to Unrestricted.

B. Change the Solicitation Response Date to March 11, 2024 @ 10:00 am Mountain Time

1. The United States Department of Agriculture (USDA), Animal Plant Health Inspection Services (APHIS), Plant Protection and Quarantine (PPQ) program intends to award a 5-year firm fixed-price, Indefinite Delivery Indefinite Quantity (IDIQ) contract for Lobesia Botrana 5-component lures.

2. This solicitation has been amended and is now issued as Unrestricted. The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation is: NAICS Code: 325320 - Pesticide and Other Agricultural Chemical Manufacturing; Size Standard: 1,150 employees.

3. Vendors must disclose and include with their quote, the country of manufacture if the item being supplied is not made in America. See FAR Clause 52.212-1 & 52.212-3(f), Buy American Certificate

4. Interested vendors must submit all requested information by the time specified in the solicitation to be considered for award (See Provision 52.212‐2 at the end of this document for complete information). Quoted price shall include all costs necessary to perform the work. Quoters are responsible for ensuring completeness of quotations. The Government may evaluate solely on the information provided in the quotation. Quotations that include additional terms may be excluded from consideration. Alternate Pricing Schedules will not be considered. Quotations must include a price for all items in the solicitation to be eligible for award. The Government will evaluate offers for award purposes by adding the total price for the options to the total price for the basic requirement. Evaluation of the option(s) will not obligate the Government to exercise the option(s). Missing, incomplete, or ambiguous information may result in an unacceptable rating.

A COMPLETE QUOTATION PACKAGE MUST CONTAIN THE FOLLOWING ITEMS:

Submit the items listed below to Jeanine Goral @ Jeanine.J.Goral@usda.gov.

☐ Signed Standard Form (SF) 1449 Schedule with blocks 30 a, b and c completed. Reference the solicitation number and include company name, address, Unique Entity ID (UEI) number and point of contact information.

☐ Completed Pricing Schedule (page 8) Provide a unit price for each line item specified in the Pricing Schedule. Alternative pricing schedules will not be considered.

☐ Past Performance Information Provide at least three (3) past performance references for recent and relevant work performed by the quoter within the last three years. Include project title, description, dollar value, dates performed, location, and contact information (name, title, valid email address, and phone number).

☐ Provision 52.204-24 (page 12) Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment if applicable. Reference the provision below in Part 6.0 PROVISIONS to determine if it is applicable.

☐ Provision 52.204-26 (page 14) Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment if not completed in the System for Award Management database.

☐ Acknowledgement of any amendments to this solicitation.

5. Submit all questions by email to Jeanine Goral, Jeanine.J.Goral@usda.gov. Questions should be submitted no later than three (3) days prior to the response deadline, March 08, 2024, to ensure adequate time is available to respond and to amend the solicitation if necessary.

6. ALL CONTRACTORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) PRIOR TO CONTRACT AWARD, no later than the solicitation response date of March 11, 2024 @ 10:00 am Mountain Time. If your SAM record is not Active prior to quote, it will not be considered.

7. In accordance with Federal Acquisition Regulation (FAR) Subpart 9.1, a prospective contractor may be requested to provide additional information in order to assist the Government in making a responsibility determination.

8. The U.S. Department of Agriculture Animal and Plant Health Inspection Service (USDA APHIS) is an agency of the Federal Government and is tax exempt (Tax ID # 41‐0696271).

1.0 STATEMENT OF WORK

Exotic Pest Monitoring for Lobesia botrana

The United States Department of Agriculture (USDA), Animal Plant Health Inspection Services (APHIS), Plant Protection and Quarantine (PPQ) program intends to award a 5 Year Firm Fixed Price, Indefinite Delivery Indefinite Quantity (IDIQ) contract for an estimated 375,000 Lobesia Botrana 5-component lures.

Quantities in the schedule are estimates only and are not guaranteed. The minimum guarantee under this contract is 1,000 lures.

The work to be performed under this contract consists of furnishing all materials, equipment, supplies, labor and transportation as required by the Pricing Schedule of the contract, and in accordance with these specifications. All work materials and services not expressly called for in this performance work statement but are necessary for completion of the contract requirements shall be performed and furnished by the Contractor at no additional cost to the Government.

Definite delivery of the following semiochemical lures:

1. Lobesia botrana 5-component lure containing the following semiochemicals:

a. (E,Z)-7,9-Dodecadienyl acetate, CAS# 55774-32-8

b. (E,Z)-7,9-Dodecadienol

c. (Z)-9-Dodecenyl acetate, CAS# 16974-11-1

d. (E)-9-Dodecenyl acetate CAS# 35148-19-7

e. 11-Dodecenyl acetate, CAS# 35153-10-7

1.1 Background:

Semiochemical lures when combined with a variety of traps have been shown to be an effective monitoring tool for L. botrana. The various trap and lure combinations have enabled the USDA to better contain and monitor potential infestations of these insects. L. botrana is a serious exotic plant pests threatening grape and fruit productions and environmental resources. The USDA APHIS PPQ has been tasked by Congress with detecting, monitoring, and managing these insects. These insects, should they become established, would have irreversible impacts on natural resources, hinder trade and increase costs of productions. Ultimately, an eradication and/or control program could cost millions of dollars if these insects were to go undetected in our environment.

1.2 Objective

The requested semiochemical lures are to provide program personnel the tools needed to detect the pest at an early stage of infestation in order to allow successful and less costly eradication and management programs to be implemented in a timely fashion. Additionally, the lures could be used to monitor existing infestations. Without the lures, defining the area of an infestation might not be possible and the ultimate cost to the USDA and cooperators of an eradication program would increase substantially as the pest number grow and spread undetected.

1.3 Delivery Location of Products

Shipment will be FOB Destination and inspection and acceptance is in accordance with FAR Clause 52.212-4(a), and performance requirements. Delivery location will be specified in each Delivery Order.

USDA APHIS PPQ

22675 N. Moorefield Rd Bldg. 6420 Edinburg, TX 78541

Or

California Department of Food and Agriculture 2423 E. Winston Rd Anaheim, CA 92806

1.4 Package Marking/Labeling:

The following conditions must be met for the requested products:

1. Each product must be identified, the shipping containers with:

a. Manufacturer’s name

b. Batch or Lot number

c. Expiration Date

d. Manufacturer’s recommended optimal storage conditions (optimal storage temperature and recommended minimum and maximum storage temperature range)

e. “Expected Field Life Minimum 30 Days”

f. Contract number

g. Manufacturing date

h. Semiochemical component(s)

2. Each shipment will also contain a valid Safety Data Sheet (SDS)

3. Each shipment will include a packing slip identifying the following:

a. Manufacturer

b. Batch/Lot Number

c. Date of Manufacture

d. Government Procurement Number

e. Quantity Shipped

1.5 Packaging:

Packaging is an important part of the delivery of these fragile products. The following must be adhered to:

1. The lures must be individual packaged.

a. Lures will be covered with impermeable packaging to prevent contamination or release of the active compounds.

2. The shipping containers should contain an impermeable over-pack to prevent leakage during shipping and be sturdy enough to ensure safe delivery.

3. Lures will be in groups of 1,000 individual packages.

4. Each individual lure package must be labeled with the following information:

a. Manufacturer

b. Batch/Lot Number

c. Date of Manufacture

d. Name of Lure –“Lobesia botrana 5-Component Lure”

1.6 Shipping

Material shall be packed for shipment in such a manner that shall insure 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 APHIS with information on the lure’s 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.

1.7 Specifications

Lures:

APHIS, through peer reviewed literature, understands that the semiochemicals below are attractants for L. botrana.

a. (E,Z)-7,9-Dodecadienyl acetate, CAS# 55774-32-8

b. (E,Z)-7,9-Dodecadienol

c. (Z)-9-Dodecenyl acetate, CAS# 16974-11-1

d. (E)-9-Dodecenyl acetate CAS# 35148-19-7

e. 11-Dodecenyl acetate, CAS# 35153-10-7

APHIS is seeking the above described semiochemical blend which is consistent with peer reviewed literature. Traditionally, a solution of this attractant blend has been dispensed on to a sleeve stopper (a.k.a. rubber septum) of polyisobutyl-based elastomeric polymer, 19-20 mm in length; the wider end of the stopper shall be 9-10 mm in diameter with a 6-mm diameter by 6-7 mm deep recess or “cup” (West Pharmaceutical 1-F SS 1888 GRY, or substitute of comparable size that delivers comparable stability and release rates of attractant).

Absorption of attractant into stoppers entails dilution of the attractant in an organic solvent; the solution is applied to the septum, allowed to soak in, and the solvent is allowed to evaporate before the septum is packaged.

The final product must have a minimum of:

a. (E,Z)-7,9-Dodecadienyl acetate (CAS# 55774-32-8) – 1 mg per lure

b. (E,Z)-7,9-Dodecadienol – 0.05 mg per lure

c. (Z)-9-Dodecenyl acetate (CAS# 16974-11-1) – 0.01 mg per lure

d. (E)-9-Dodecenyl acetate (CAS# 35148-19-7) – 0.01 mg per lure

e. 11-Dodecenyl acetate (CAS# 35153-10-7) – 0.1 mg per lure

APHIS is willing to consider other methods of semiochemical presentation. However, if they are proposed APHIS reserves the right to exclude these products from the current bidding process until a complete understanding of the effectiveness of the alternate presentation is understood. APHIS may perform this testing or ask the submitter to provide testing results or additional information for review.

1.8 Contract End Items

APHIS will receive a functional L. botrana pheromone lure that is capable of lasting a minimum 30 days in field environments and will have a shelf life of a minimum 2 years when stored within to the manufacturer’s recommended conditions.

2.0 Sampling Testing of Dispensers

Effectiveness It is important that USDA APHIS maintain a quality assurance surveillance program (QASP). To that end, USDA APHIS reserves the right to conduct QA testing. The USDA APHIS may perform QA testing addressing the following areas:

· The dispenser shall be resistant to damage and moisture when handled during normal field trapping operations.

· The dispenser contains an amount at least equal to requirements established in the specifications.

· This may be done using a necessary battery of laboratory testing, yet to be established.

· The installation method will not be permanently fixed to any of the portions of the trap, nor will they impede the installation or replacement of a new dispenser.

· Meets the needs of programs.

In order to assure the most effective use of taxpayer dollars APHIS may institute a Quality Control (QC) program in an attempt to address product reliability. APHIS may monitor the following areas of lure quality:

a. Lure shelf life: all dispensers shall exhibit satisfactory shelf life by remaining in compliance with the specifications for at least six months after shipment to the APHIS warehouse, assuming APHIS complies with the manufacturer’s recommended storage instructions. Lures may be weighed and/or extracted after coming out of storage at the APHIS warehouse.

If a company is found to have provided products that fall outside the prescribed specifications, the company will provide working replacements for these products at no cost to the government. Similarly, if the product is found to have depleted content or cannot meet the needs of the field after 6 months at the manufacturer’s recommended storage instructions, the company will replace the product(s) at no cost. If the active component is found to have purity or quality issues at any point during the expected shelf life, the company will provide replacement lures meeting the stated specifications at no cost to the government.

At the request of the company, APHIS may provide representative samples of the failed products. The company will be required to arrange for shipping costs and logistics for the transportation of any hazardous material, as APHIS field personnel do not have the required training to ship this material.

3.0 Acceptance Criteria

The order will be conditionally accepted at:

USDA APHIS PPQ

Bldg. 6420, Moore Air Base 22675 N. Moorefield Rd Edinburg, TX 78541

The order will be conditionally accepted at the delivery location specified in each delivery order. The conditional acceptance will focus on the following factor:

Condition of shipping containers upon arrival – those with obvious defects from the shipping process will be rejected. Additional products must be sent to offset this loss at no expense to the government.

4.0 INVOICING INFORMATION

The contractor shall submit invoices and supporting documentation to the COR and submitted via www.ipp.gov. The COR must obtain approval for payment for all invoices.

A proper invoice must include:

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Name, title, and phone number of person to notify in event of defective invoice; and

(vii) Taxpayer Identification Number (TIN).

The Government reserves the right to reject an invoice that does not include the information above

Ordering Period Pricing Schedule

Quoter is responsible for ensuring completeness of quotations. The Government may evaluate solely on the information provided in the quotation. Quotations that include additional terms may be excluded from consideration. Alternative Pricing Schedules will not be considered. Quotations must include a price for all items in the solicitation to be eligible for award.

Contractor shall furnish all the needed personnel, supervision, transportation, material, equipment, services as described in the statement of work, to perform the required maintenance for the USDA, APHIS, PPQ Texas. **All pricing to include any and all costs but not limited to: overhead, general and administrative costs, profit, insurance, and transportation.** Shipment will be FOB Destination and inspection and acceptance is in accordance with FAR Clause 52.212-4(a), and performance requirements. Delivery location will be specified in each Delivery Order.

0001 Ordering Period 1: (Contract Award Date through Month 12)

0001 Lobesia Botrana Lures 5-component (ID-1921) 75,000 EA $_______________ $______________

Ordering Period 2 (Month 13 through Month 24)

Ordering Period 3 (Month 25 through Month 36)

Ordering Period 4 (Month 37 through Month 48)

Ordering Period 5 (Month 49 through Month 60)

Total Contract Price__________________________________

Product Manufacture Location: ______________________________________________ Proposed Delivery Timeframe:_______________________________________________ Upon counsel of USDA Acquisition, USDA MRPBS Contracting Personnel been advised that "Any other terms, including those on a purchase order, in a vendor registration application, or part of an RFP, are considered void and shall have no force or effect.”

USDA MRPBS Contracting Personnel are not permitted to sign your Quote/Proposal as it may have terms and conditions which cannot be approved and therefore would make the acquisition invalid.

5.0 Contract Administration

The government will accept the supplies which conform in all respects with standard commercial requirements, including specifications, drawings, preservation, packaging, marking requirements, and physical item identification (part number), and are in the quantity shown on delivery order.

Inspection and acceptance are in accordance with FAR 52.212-4 (a) (1) & (2) Contract Terms and Conditions—Commercial Items.

Contracting Officer Representative (COR):

Tina Gresham 208-351-9857 Tina.Gresham@usda.gov.

The COR is responsible for monitoring the performance of work under this Purchase Order and is the local Government contact. In no event, however, will any understanding, agreement, modification, or other matter deviating from the terms of the BPA be effective or binding upon the Government unless a modification to the Purchase Order is issued by the Contracting Officer prior to performing the work.

The COR shall inform the contracting Officer as soon as possible of any understandings, tentative agreements, recommended modifications, and actions or inactions of the Contractor or the Government which could affect the Contractor’s ability to comply with the contract performance requirements or completion times.

Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the Purchase Order, the Contractor shall advise the COR and the Contracting Officer. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer shall be notified immediately.

PROCEEDING WITH WORK WITHOUT PROPER CONTRACTUAL COVERAGE AND APPROVAL OF THE CO COULD RESULT IN A BREACH OF CONTRACT AND NONPAYMENT.

The designation (delegation of authority) is provided in writing to the COR and is available to the Contractor. The delegation of authority clearly explains the COR’s roles and responsibilities on the contract and limitations of authority.

The COR does not have the authority to modify the terms and conditions of the contract.

The following contacts are the only persons authorized to interact with the contractor on this contract:

Technical Point of Contact Tina Gresham 208-351-9857 Tina.Gresham@usda.gov.

Jeanine Goral – Contracting Officer USDA APHIS MRPBS AAMD Contracting Fort Collins, CO 80256 Cell Phone: 612-396-3895 Jeanine.J.Goral@usda.gov

The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions, or other stipulations of this contract. Any other commitment, either explicit or implied, is invalid. The CO is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) obligate or deobligate funds into the contract; or (6) otherwise change any terms and conditions of this contract. No information, other than that which may be contained in an authorized modification to this contract duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.

6.0 Solicitation Provisions

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): FAR | Acquisition.GOV

(End of Provision)

52.204-7 System for Award Management (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting. (Aug 2020)

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (Sept 2023)

452.204-70 Inquiries (Feb 1988)

6.1 Solicitation Provisions Incorporated in Full Text

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 Items. 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.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation. (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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".

(c) (1) Representation. The Offeror represents that it ☐ does, ☐ 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

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.

(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 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.

(End of provision)

52.212-1 ADDENDUM

FAR 52.212‐1 Instructions to Offerors—Commercial Products and Commercial Services, is replaced in its entirety by this addendum.

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. See also the requirements of 52.219‐14 Limitations on Subcontracting.

(b) Submission of Quotes. Submit quotes to Jeanine Goral at Jeanine.J.Goral@usda.gov. by the date specified in this solicitation. See “Instructions to Offerors” for quotation submission requirements.

(c) Submission deadline. Quotes must be received by the date and time specified in this solicitation. A late quote will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition. In the case of an emergency or unanticipated event that delays Government operations so that quotes cannot be received, the deadline will be extended by one working day.

(d) Terms of and content. Quotes must be based on the terms of this solicitation. The Government may reject any quote that is not based on these terms in every respect. Quotes must contain all of the information required by the solicitation.

(e) Contract award. The Government intends to evaluate quotes and award a contract without discussions. Therefore, a quote should contain the quoter’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in quotes received.

(f) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the quoter acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the quoter does not become registered in the SAM database by the response date specified in the solicitation, the Contracting Officer will proceed to award to the next otherwise successful registered quoter. Quoters may obtain information on registration and annual confirmation requirements via the SAM database accessed through SAM.gov.

(g) Requests for information. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on award(s) resulting from this solicitation from the contracting officer.

52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible firm whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Quotes will be evaluated in accordance with Simplified Acquisition Procedures (FAR 13.106-2). The following factors shall be used to evaluate offers:

(i) Technical capability of the item offered to meet the Government requirement

(ii) Delivery time frame

(iii) Past performance

(iv) Price In order to be considered technically acceptable, the offered tubes must meet the specifications outlined in the Specification of Work. Final acceptance of product will be made after delivery for each order to confirm that the offered products meet the specifications.

(b) Options (Ordering Periods). The Government will evaluate quotes 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).

52.212-3 Offeror Representations and Certifications - Commercial Products and Commercial -Services (Nov 2023)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision— "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended."Sensitive technology"— Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation 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.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

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

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

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the…