7-22-2024-NRE_Commercial Services_Combined SS_RFP or RFQ_2040522.docx

Solicitation Number: 127EAS25Q0020 Eldorado National Forest

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

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

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05.

(iv) This procurement is set aside for 100% small business. The NAICS code is 561730 and the Small Business Size Standard is $9.5 million.

(v) Schedule of Items/Price Schedule

Project Description: Rogue Bird Weed for Eldorado National Forest Vendor Name: __________________________________Vendor UEI:___________________

Total

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

Rogue Bird Weed for Eldorado National Forest.

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

Placerville Nursery 2375 Fruitridge Road Camino CA, 95709.

STATEMENT OF WORK

1. SCOPE OF CONTRACT

Description of Work: The intent of this contract is to obtain services for Rogueing (the removal of multiple germinates from container cells to leave 1 live healthy seedling), Birding (scaring off birds, squirrels and other animals that are in areas where seed has been sown in either container or bareroot areas), Weeding (removal of unwanted vegetation, hereinafter referred to as weeds, that meet the following minimum requirements: Removal of weeds from specified nursery growing areas to maintain conditions that are free of competition for crop plants and to prevent all weed species from reseeding or vegetative reproducing), and Sowing (seed sowing of conifer seeds). This contract is a bid for hourly services. An hourly rate for workers and hourly rate for foreman is requested.

Work is not continuous from the start of the contract through the end. There will be several weeks between rogueing, birding, and weeding. It is anticipated that weeding should start approximately the first week of June 2025. There can also be weeks in between weeding times as well.

Contractor Responsibility: The Contractor shall provide everything--including, but not limited to, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

2. Project Location & Description Location: The project is located on the Eldorado National Forest, Placerville Nursery.

Description: This project is at the Placerville Nursery grounds at 2375 Fruitridge Road, Camino, California.

Accessibility: The Placerville Nursery is accessible year-round via county roads.

Any prospective contractor desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing from the Contracting Officer soon enough to allow a reply to reach all prospective contractors before the solicitation closing date. Oral explanations or instructions given before the award of a contract will not be binding.

3. Maps Maps are general in nature and are not to be considered as definitively identifying locations.

4. Estimated Start Date & Contract Time Start: April 7, 2025 Time: 182 days: Contract to end on October 6, 2025

5. Restrictions on Work Work may be performed at any time during the period of the contract, except as outlined here. Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14). Restrictions are as follows:

1. In accordance with the fire plan.

2. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

3. The hours of work shall occur between 0600 and 2000, a minimum of five days per week. Days of operation will be determined by weather conditions. For line items 1-2 and 4 - 5, work will occur Monday through Thursday, 0600-1630. For line item 2 (Birding), work will occur 7 days per week, including holidays 0600-2000.

The Contractor’s and employees’ vehicles shall only be permitted in the designated parking area. The Contractor and employees shall use service roads only and shall not drive or walk across fields unless directed to do so by the COTR or Inspector. Exceeding speed limits will not be permitted. Posted speed limits are 5 mph from the front entrance gate past the main office to the fuel pumps, and 5 mph in the vicinity of buildings and on secondary roads.

No firearms or controlled substances including alcoholic beverages are permitted on the site. No warming or cooking fires will be permitted in the parking lot or elsewhere on the Nursery site.

The Contractor and employees shall maintain a clean work site. Lunch sacks, cigarette butts and other debris shall be placed in government furnished garbage receptacles, which are emptied by the Contractor and employees.

Government furnished equipment shall not be misused or abused by Contractor or employees.

Only the Contractor and employees shall be permitted in designated work areas. Family members and acquaintances of the Contractor or employees, and job seekers, are not permitted to loiter on the Nursery site. Persons seeking employment with the contractor are not permitted in the nursery office, work areas or coolers. The contractor must deal with job seekers in a prompt manner.

Expectorating or clearing sinuses on the black topped parking area or on the floors in any of the building is not permitted.

Heaters located in the work area of the extractory must NOT be turned on during sowing operations.

At the request of the Government, the Contractor shall remove any worker who exhibits unsafe work behavior, repeated poor work performance, or does not conform to provisions. The worker may be moved to a different work assignment or removed from the nursery work site.

6. Licenses and Insurance The contractor shall obtain the insurance and licenses listed here;

MSPA Card (Form WH510): This contract [x] does [] does not require the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy.

7. Camping and Housing Camping is not permitted in US Forest Service campgrounds. Contractor will not be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit.

8. Technical Requirements 8-1. Definitions

Headlands: Area surrounding planted portions of a block Bed Foot: Area one foot in length, including seedbed between the centers of the two adjacent tractor paths, or between the center of a tractor path and a pipeline.

Block: One continuous field Blossom Stage: The period of a plant's life cycle when flowers are present.

Container Block (styro): Styrofoam cube of various sizes in which trees are grown.

Crown Diameter: The straight-line distance, measured in inches, going from one outer edge of a plant to the opposite outer edge, through the center.

Dibble: Tray used to gently press down medium in block or Ray-leach tray.

Gleason Medium Machine: A mechanical device used to mix medium and fill blocks and Ray-leach.

Grit: Granular rock substance put on top of the medium in the plugs.

Grit Machine: A mechanical device use to place grit on top of blocks and Ray-Leach.

Medium (soil): Planting mix placed in the blocks; seeds will be sowing on top.

Mister: A mechanical device used to lightly water the top of blocks and Ray-Leach tubes.

Pathways also called tractor paths: The portion of unplanted area six inches (15 cm) past the outside row of seedlings and lying between seedbeds. Pathways are approximately 24 inches (60 cm) wide.

Ray-leach (R-L): Plastic cube containing tubes in which trees are grown.

Section: The portion of a block which lies between two pipelines. Sections contain either four or five seedbeds.

Seedbed also called seedling beds: Raised area of soil approximately four feet (122 cm) in width, generally containing eight rows of seedlings and extending 6 inches (15 cm) beyond the two outside rows of seedlings. Transplant seedbeds contain five rows of transplanted seedlings. Native grass beds have either 3 or 5 rows of grass.

Seed Lot: Numeric assigned to identify a specific seed group.

Seed Stage: The period of a plant's life cycle, after flowering, when seeds are developing or present.

Treatment Area: Any readily identifiable and measurable portion of the entire project area in which weeding is to be performed. Treatment areas will have readily identifiable boundaries such as roadways, pipelines, flagging or adjacent fallow or cover cropped land.

Weed: Any unwanted vegetation including shrubs, grasses, and forbs. Mosses are not considered weeds.

8-2. Specifications

1. Provide supervision, training, labor, and transportation except those specifically listed as Government furnished.

2. The Contractor’s employees shall abide by the safety items set forth in the Forest Service Job Hazard Analysis for these specific tasks. These analyses will be available to the contractor before work commences.

3. Notify the COTR or Inspector immediately of mechanical or electrical breakdown.

Administrative Work Stoppage

Work stoppage associated with the change to a new seedling lot, changes in block type, unacceptable performance, or other administrative work changes shall not be considered as downtime.

Crew Organization:

Item 1. Rogueing

The Contracting Officer will determine the exact start and stop time. This determination will be based on container crop sowing dates and the rate of germination of seedlings.

Containers are growing areas for seedlings. An individual container is approximately 2 feet by 1 foot and can have 45 cells to 160 cells per Styrofoam block or plastic tray. The number of containers and the densities will vary with crops and seed lots throughout the greenhouse and shade structures.

Contractor is required to rogue multiple seedlings from each cell to provide one (1) single healthy growing seedling.

There will be no method used that will disrupt the root or top growth of the single healthy remaining seedling.

There are no circumstances in which transplanting will be allowed.

Containers will not be removed from bench tops during any operation or task.

Any observation of insect or disease damage to seedlings is to be brought to the Governments attention immediately.

Protection of Government seedlings, irrigation system and greenhouse equipment and structures are paramount.

Rogueing must be coordinated with the routine irrigation schedule.

Item 2– Birding

The exact start and stop time will be determined by the COTR. This determination will be based on bird populations, germination of seedlings, and the amounts of predation occurring.

Control of birds and rodents/squirrels will be from ½ hour before sunrise to 7:00 AM and 4:00 PM to ½ hour after sunset. The contractor will be given a key for the front gate to have access to the work site before 6:00 AM and after 5:30 PM. These hours will need to be adjusted as the days become longer.

Seedling (seed) beds are the growing areas for seedlings. The width is from the centerline of one equipment path to the center line of an adjacent equipment path. The length is between the road ditch line or grass buffer strips near either end of the seedling bed.

Contractor is required to keep seed-eating birds and squirrels and chipmunks out of the new seedbeds and container growing areas from the time of sowing until the seed has germinated and seedlings have grown to a size that the birds no longer damage or destroy. The contractor will also be required to have those employees assigned to protect the sown seed do minor weeding in these 1-0 areas. Minor weeding is defined as removal of unwanted weeds from the seed bed area and along pipelines that are left after preparation and sowing of seed beds. This can be done while carrying out birding duties.

Historic predation has occurred but is not limited to the following in order of normal preference: grey pine, sugar pine, ponderosa pine, Douglas-fir, and other species. The bird species that are most likely will be encountered are crows and jays as well as squirrels and chipmunks.

Any method of control that does not violate applicable Federal, State, County, or City laws is acceptable. There will be no method used that will unduly disturb residents and/or businesses adjacent to the Nursery.

Bicycles or foot traffic only in the equipment travel paths between the seedbeds.

Protection of Government seed germinates; irrigation system and soil are paramount.

The Contractor shall have a minimum of one person per ten acres seedbeds to protect acreage identified by the Forest Service. The Contractor shall have a minimum of one person for protection of container stock. For example, if the contractor is required to protect 43 acres, then five individuals shall be required at a minimum.

The Government shall provide bird seed for bird distraction.

Item 3. Weeding:

All weeds shall be manually removed from seedbeds and the tractor paths between beds; this includes an area approximately 1 foot (3 dm.) beyond the end of the seedlings in a fully sown seedbeds and 1 foot (3 dm.) along the side of the first and last beds in a block.

Weeds within the seedbeds which are not visible within the foliage of the planted seedlings without spreading seedlings apart do not require removal. Hidden weeds will not be included in the measurement of weed density. Stakes, flagging, other identifying markers, probes and irrigation equipment shall not be disturbed by Contractor's employees during weeding operations.

Upon completion of work for the day, Contractor's employees will remove from field any containers, tools, and other implements or debris.

Contractor and his or her employees shall not walk upon seedlings or seedling beds.

All removed weeds with clumps of soil adhering to the roots shall be shaken to loosen soil and minimize its removal from the seedbeds. Soil must be returned to original levels after weeding.

Hoes may be used to loosen weeds between seed lots in the seedbeds, in the tractor paths between seedbeds, and in the area beyond the ends of the seedlings in the seedbeds, and in the headlands. Soil must be returned to original levels in the seedbeds after weeding. Hoes shall not be used in the seedbeds amongst the seedlings. Drainage ditches throughout the weeding area will be left in functional condition after each weeding treatment. Hoes shall not be used along the side edges of the seedbeds extending 8 inches (15.4 cm) beyond the outer rows of seedlings. Other tools used in seedbeds must be approved by the Government.

Loosening, uprooting, bruising, or scraping seedlings is not permitted.

Soil loosened or pulled away around seedlings shall be tamped back into place.

All weeding shall be from the edge of the bed, standing or kneeling in pathways. Standing or kneeling in beds is not permitted.

All weeds shall be transported to designated spots at the end of the seedbeds, and headlands. No container or other item which will not biodegrade at a rate equal to that of the weeds shall be placed in these piles. Containers shall not be placed in seedbeds or on top of tree seedlings at any time.

All weeds shall be manually removed from containers of growing seedlings without displacing or damaging seedlings.

All portions of weeds including liverwort, leaves, stems, flowers, and roots shall be removed. Contractor's employees will remove any missed multiple seedlings in cells to assure one (1) healthy growing seedling is left in each cell.

Any observation of insect or disease damage to seedlings is to be brought to the Governments’ attention immediately.

Contractor and their employees shall not move any containers from benches.

Contractor may use any receptacle to transport weeds. Receptacles used for holding weeds and rogued seedlings shall be taken to the designated compost receptacle at the end of the day.

Weeding must be coordinated with the routine irrigation schedule.

Item 4: Supervisor

The Contractor shall furnish one English-speaking, non-working supervisor for work period. Crew supervisors shall be actively engaged in the supervision of their crew and insuring sowing quality, at all times the crew is engaged in work. Supervisor will be responsible for all line items but will primarily focus his/her attention on sowing operations.

Item 5: Sowing

Filling of Blocks or Tay Leach tubes with Medium

Contractor employees will use the ‘Gleason’ soil filling machine to fill plastic trays with media in preparation for sowing seeds. 95% of the cells within blocks shall be filled to no less than 1 inch from the top. There will be no voids (air pockets) within the cell. Light tamping of blocks with the addition of more media may be required to close voids within cells.

Worker positions

2 persons for filling blocks or Ray-leach tubes with medium.

1-person operating forklift to move blocks or Ray-leach tubes after filling with medium (this person can be the same moving the tables to growing areas or at times may be a Forest Service employee).

Sowing of Conifer Seeds

A Forest Service representative shall be on site to provide direction in change of seed lots, type of container to be sown into, number of seeds to be sown per cell, and number of blocks or Ray-Leach trays to be used. All seeds and above information shall be provided to the contractor at the start of each new seed lot sowing.

Before sowing, contractor will use dibble trays, to hand dibble each block or Ray-leach tray. Dibble shall not be used in a manner that will cause excessive damage to blocks or trays. Dibbling will only be allowed on trays that shall be sown into within 2 hours. Excessive ‘pre-dibbling’ will not be allowed, to prevent the medium from drying.

Contractor shall utilize the vacuum seeder when at all possible. For certain block types and conifer species it may not be possible to use the seeder machine. Seeder machine operation training for 2-3 Contractor employees will be provided at the start of each conifer species by Forest Service employees.

Contractor shall sow by hand all seed lots where use of seeder is not possible. All Douglas-fir, incense cedar, and giant sequoia are known to be incompatible with seeder and must be sown by hand.

Contractor shall insure seed lot integrity by working on only one seed lot at a time, no two seed lots shall be sown at the same time without approval by the COTR.

After Contractor has placed required number of seeds in the block cells or Ray-leach tubes either by hand or by seeder machine; Contractor employees shall load blocks or Ray-leach trays onto grit machine conveyer belt.

Contractor shall ensure the grit machine has an amply loaded hopper for proper operation, and that blocks or Ray-leach trays are loaded touching each other to prevent excessive grit loss.

Contractor shall move blocks or Ray-leach tray from end of grit machine conveyer belt onto the mister belt.

Contractor shall move blocks or Ray-leach trays from end of mister belt onto tables provided to move blocks to the green house or shade areas.

Unless otherwise directed by COTR or Inspector each table shall have a single layer of blocks or Ray-leach trays.

Contractor shall move, via forklift, tables of sown blocks or Ray-leach tray to the greenhouse or shade area as designated by COTR or Inspector. The forklift must be operated in such a manner to cause minimal bouncing or jostling of blocks or Ray-leach trays. Excessive speeds that cause seeds to be disrupted to an extent that they are dislodged from the cells shall be reworked at no additional cost to the government.

Contractor shall move blocks or Ray-leach trays from tables to tables or roller bars as designated by the COTR or Inspector. In some cases, movement shall be done by hand or utilizing hand movement or a roller apparatus. In other cases, the forklift operator may be able to place the table directly onto roller bars.

Contractor shall label each seed lot with pre-printed labels provided by the government. The labels will be placed via metal ‘pigtail’ stakes placed in the first and last blocks of the lot. Small plastic tags, also provided by the government, shall also be placed in each block or tray in the lot.

Ready For Work

During periods of suspension the contractor shall hold the crew ready to begin work with four hours’ notice during the hours 0700 to 1100 Monday through Friday. On weekends the contractor shall be prepared to begin work the following day with a minimum of 12 hours’ notice.

C.8-4 Government-Furnished Property – N/A.

C.8-5 Public Safety – Obey traffic laws when transporting employees to and from work site. Operate forklift in an efficient but safe manner. Follow COVID mitigation measures in the risk assessment.

C.8-6 Salvage Rights – N/A.

C.8-7 Road Maintenance – N/A.

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

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

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

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

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

ii) Technical Capability – Provide a list of equipment and key personnel (with qualifications) that will be used to complete this project.

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

c) Representations and Certifications – Fill in the check boxes for provisions FAR 52.204-26, FAR 52.204-24(if applicable), and FAR 52.212-3 found in this solicitation and include a copy with your offer.

3) Submit offer by email to christopher.kane2@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Technical Proposal, Price Proposal, and Representations and Certifications) in Microsoft Word, Excel, or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer from Chris Kane.

4) Address questions about this solicitation to Chris Kane at christopher.kane2@usda.gov .

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

Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition.

(End of provision)

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical approach and past performance, when combined, are more important than price.

(b) 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)

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

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) (Provision)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause FAR 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.

(End of provision)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Provision) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at FAR 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at FAR 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 FAR 52.204-26, or in paragraph (v)(2)(ii) of the provision at FAR 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 FAR 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) FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2024) (Provision) [If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:] (b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

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

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.

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.] (End of provision) Employment of Eligible Workers - Workforce Certification (Provision) Contractors are required to provide certification under this solicitation in compliance with the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) and Farm Labor Contractor (FLC) Certificate of Registration requirements describing the workforce they will utilize to fulfill the contract requirements under this solicitation and any resulting contract. If the Contractor will supply workers under the H-2B Program, the Contractor is required to provide a copy of the Temporary Employment Certificate issued by DOL.

Subcontractors are bound by the same requirements for licenses and permits under this contract. If a Prime Contractor identifies a Subcontractor as part of their workforce to accomplish the work under this solicitation, the Prime Contractor shall submit the Subcontractor's signed certification with their response to the solicitation.

H-2B Workers: (https://foreignlaborcert.doleta.gov/about.cfm) Company certifies it will not be utilizing H2B Workers under any resulting contract of this solicitation.

Company will be utilizing H2B Workers (under any resulting contract of this solicitation. Provide a copy of Temporary Employment Certificate.) MSPA Workers: (http://www.dol.gov/whd/mspa/) Company certifies it will not be utilizing MSPA workers under any resulting contract of this solicitation.

Certifies has valid FLC certificate of registration. (Attach a copy of current certification.) Authorization includes:

Transporting workers Driving Housing workers Company has applied for a Certificate of Registration on ______________ .

Contractors not currently having obtained a certificate (for each partner, if partnership) will be requested to furnish proof of having obtained a Certificate of Registration prior to award of contract. If the contractor does not provide the required Certificate in a reasonable timeframe, the contractor will not be eligible for the contract award. Partnerships must furnish proof of registration of their assumed business name, if any, with the State of registration.

State of ______________ No.______________ Information about licensing requirements and procedures may be obtained from the following:

I, on behalf of said Company, certify to the above responses.

(xi) FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2023)

(xii) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (MAY 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) FAR 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) FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) FAR 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) FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

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

(7) FAR 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.] ☐ (1) FAR 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) FAR 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

☐ (3) FAR 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☒ (4) FAR 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

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

☐ (6) [Reserved].

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

☐ (8) FAR 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (9) FAR 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

☐ (10) FAR 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115–390, title II) ☐ (11)(i) FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023) (Pub. L. 115–390, title II) ☐ (ii) Alternate I (Dec 2023) of FAR 52.204-30.

☒ (12) FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JAN 2025) (31 U.S.C. 6101 note).

☐ (13) FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (14) [Reserved].

☐ (15) FAR 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

☐ (16) FAR 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (17) [Reserved] ☒ (18) (i) FAR 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

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

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

☐ (20) FAR 52.219-8, Utilization of Small Business Concerns (JAN 2025 (15 U.S.C. 637(d)(2) and (3)).

☐ (21) (i) FAR 52.219-9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4)).

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

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

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

☐ (v) Alternate IV (Jan 2025) of FAR 52.219-9.

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

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

☐ (23) FAR 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s).

[Contracting Officer check as appropriate.] ☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (24) FAR 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (25) FAR 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

☒ (26) (i) FAR 52.219-28, Postaward Small Business Program Re-representation (JAN 2025) (15 U.S.C. 632(a)(2)).

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

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

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

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

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

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

☒ (32) FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2025).[ ☒ (33) FAR 52.222-21, Prohibition of Segregated Facilities (APR 2015).

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

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

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

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

☒ (36) (i) FAR 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

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

☐ (38) FAR 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

☒ (39) (i) FAR 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).

☐ (40) Employment Eligibility Verification (Jan 2025) (Executive Order 12989). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

☐ (41) (i) FAR 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 FAR 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (42) FAR 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

☐ (43) FAR 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

☐ (44) FAR 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).

☐ (45) FAR 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).

☒ (46) FAR 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

☐ (47) (i) FAR 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

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

☒ (48) (i) FAR 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) FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

☐(iv) Alternate III (FEB 2024) of FAR 52.225-3.

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

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

☒ (51) FAR 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) FAR 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) FAR 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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

☒ (55) FAR 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O. 13513).

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

☐ (57) FAR 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).

☐ (58) FAR 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

☒ (59) FAR 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).

☐ (60) FAR 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

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

☐ (62) FAR 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

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

☐ (64) (i) FAR 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.