1282A723Q0062 Final Copy 09202023.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

82A7

LAKEWOOD CO 80401

1617 COLE BLVD

USDA FOREST SERVICE

JOB CORPS AQM

67U4 CODE 16. ADMINISTERED BYCODE

X

X

X

561990

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR82A7

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

10/05/2023 1700 ET

09/20/2023

800-832-1355ERIC ASPER

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1282A723Q0062

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 41 1107095OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

NEMO SD 57759

22023 JOB CORP PLACE

BOXELDER JCC

15. DELIVER TO

LAKEWOOD CO 80401

1617 COLE BLVD

USDA FOREST SERVICE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.5

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

JOB CORPS AQM

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

One Time Boxelder Potable Water Tank Cleaning and Inspection Service.

Please note all questions are due no later than 5:00 PM EST on Wednesday September 27, 2023.

Quotes are due no later than 5:00PM EST on Thursday October 5, 2023.

Wage Determination 2015-5377, Rev. 22, dated 07/21/2023 applies to this contract and is added

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

TRACY R. DOUD

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

as attachment 2.

Delivery: 11/10/2023

Period of Performance: 10/10/2023 to 11/10/2023

0001 Clean and inspect one (1) Potable water tank, 1 EA water tank: 63,000 Gallons (16' high x 26

Diameter), One Time Service.

Product/Service Code: S222

Product/Service Description: HOUSEKEEPING- WASTE

TREATMENT/STORAGE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

41 2 of

Solicitation: 1282A723Q0062

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, 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 an RFQ (Request for Quotation).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-05.

(iv) This procurement is set aside for small business. The NAICS code is 561990 and the Small Business Size Standard is $16,500,000.

(v) Price Schedule

CLIN

No.

Description – One Time Clean and Inspection of 1 Potable Water Tank as stated in the Performance Work Statement between 10/10/2023 – 11/10/2023

Qty Unit of Issue

Unit Price Total Price

0001 Clean and inspect one (1) Potable water tank. water tank: 63000 gallons (16’ high x 26’ Diameter) – One Time Service

1.00 Each $ $

Total Proposed Price: $

Schedule Notes:

a) Tank cleaning will be required to be completed between October 10, 2023 to November 10, 2023 depending on weather conditions in accordance with the Performance Work Statement.

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

This requirement is for one-time cleaning and inspection of one potable water tank at Boxelder Job Corps located in 22023 Job Corps Place Nemo, SD 57759. Wage Determination 2015-5377, Revision 22 dated July 17, 2023, applies to this contract and is added as Attachment 2.

List of Attachments

1.) Attachment 1 Boxelder Water Tank Pictures 2.) Attachment 2 Wage Determination 2015-5377

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

Work shall be performed at:

Boxelder Job Corps 2023 Job Corps Place Nemo, SD 57759

The period of performance for this one-time cleaning and inspection will take place between October 10, 2023 to November 10, 2023 depending on weather conditions.

TANK CLEANING AND INSPECTION

BOXELDER JOB CORPS CENTER

22023 JOBCORPS PL

NEMO, SD 57759

PERFORMANCE WORK STATEMENT (PWS)

1.0 INTRODUCTION

Job Corps is a national residential training and employment program administered by the Department of Labor to address the multiple barriers to employment faced by disadvantaged youth throughout the United States. The Economic Opportunity Act of 1964 originally established Job Corps; current authorization for the program is Title I, Chapter 6, Subtitle C, of the Workforce Investment Act of 1998.

1.1 BACKGROUND

Job Corps provides educational and occupational skills training and support services to youth between 16 and not yet 25 years of age. The unique combination of services provided in the Job Corps program is intended to better prepare youth to obtain and hold gainful employment, pursue further education or training, or satisfy entrance requirements for careers in the Armed Forces.

The Workforce Investment Act (WIA) mandates that Job Corps graduates be provided with transition, placement, and support services for one year following initial placement. WIA also requires that the placement status and wages of graduates be measured at six- and twelve-month intervals after the graduates are placed, and that Job Corps operator be evaluated in part on the basis of these performance measures.

The U.S. Department of Agriculture Forest Service operates 24 Job Corps Center nationally, through an interagency agreement with the Department of Labor.

1.2 PURPOSE

The Washington Office PPS Job Corps Support Branch has a requirement for a contractor to provide potable water and cleaning services for existing systems, located at the Boxelder Job Corps Center. The Government is looking to award a Firm Fixed Price type contract to a single contractor who offers the best value to the Government, price and other factors considered.

The contractor shall furnish all labor, materials, equipment, tools, transportation, supervision necessary to perform their work required for the Inspection and cleaning of the potable water tanks at Boxelder Job Corps Center in accordance with the specifications and provisions contained herein.

This project is located at the Boxelder Job Corps Civilian Conservation Center located four miles from Nemo South Dakota in Lawrence County. The address is 22023 Job Corps Place, Nemo South Dakota, 57759.

1.3 PLACE OF PERFORMANCE AND HOURS OF OPERATION

Work shall be performed at:

Boxelder Job Corps 2 2023 Job Corps Place Nemo, SD 57759

The period of performance for this one-time cleaning and inspection will take place between October 10, 2023 to November 10, 2023 depending on weather conditions.

Normal operational hours are from 07:30 am to 4:00 PM Pacific Time, Monday through Friday. Emergency services may be performed as required after normal business hours stated above or during the following Federal Holidays:

New Year's Day — January 1st Martin Luther King Junior's Birthday — Third Monday in January President's Day — Third Monday in February Memorial Day — Last Monday in May Juneteenth – June 19th Independence Day - July 4th Labor Day — First Monday in September Columbus Day — Second Monday in October Veteran's Day — November 11th Thanksgiving Day — Fourth Thursday in Nov Christmas Day —December 25th

2.0 TASKS

A. Interior and Exterior inspections will review structure, sanitary, safety, security and any installed coating conditions. Reporting will be provided based on water tanks inspection criteria, referencing applicable OSHA, EPA, AWWA, TCEQ and NFPA requirements. Minimum items examined will include inlets and outlets, ladders, shell, roof, vents, walls and floors, baffles/support walls, sumps, manways, welds, joints and seams, foundation, anchors, safety systems, hatches, coatings, telemetry, sediment depths, external overflow, and plumbing.

B. In-Service Cleaning of water tank in accordance with ANSI/AWWA Standard C652.19.

C. In-service removal of all accumulated bottom debris and sediment and removal of the debris off of Government land.

D. The contractor shall furnish all labor, tools, and deliverables. It is the sole responsibility of the contractor to verify that the Inspection and cleaning are fully completed, and any deficiencies or repairs needed be included in a written report with correction instructions.

E. Adherence to all the following shall be maintained at all times:

a. Occupational Safety and Health Administration (OSHA) Regulation, specifically 29 CFR 1910 - General Industry.

b. ANSI/AWWA Standard C652-19.

F. Obtaining all required permits and scheduling all applicable inspections.

G. All inspections must be successfully signed off and completed prior to receipt of final payment.

H. All inspections shall be performed in accordance with manufacturer's guidance and the state of South Dakota’s regulations.

I. Possess adequate liability insurance and proper license to perform all work stated herein.

J. Notifying the Boxelder Center POC of all identified issues no later than 24 hours of discovery.

K. All supplies and materials needed for this project will be furnished by the Contractor.

L. Coordinate service schedule with the Boxelder Center POC prior to gaining access to any areas located on the Center.

M. Keep work area(s) clean, neat, picked up and safe to include signs, cones, gates, tape, rope to discourage access by employees, staff and students assigned to the Boxelder Center.

N. All trash shall be picked up and removed at the end of each workday.

2.3 WRITTEN SERVICE REPORTS/DOCUMENTATION

Repair and/or Replacement recommendations must be included with required service report and must include price quotes for these services. Recommendations included in the service reports may be used by the Governments in its determinations to repair and/or replace equipment as needed, and subject to the availability of funds. Warranty for repairs or replacements also be included prior to payment for services.

2.4. EMERGENCY SERVICES

No emergency services required.

2.5. CONTRACTOR RESPONSIBLITIES

Contractor shall have a minimum of 5 years of experience in commercial potable water tank cleaning and inspection. Divers shall be certified from an accredited commercial dive school and be training in First Aid, CPR and have an annual medical examination to determine fitness for diving.

Prior to Start the contractor must supply a:

• Safety Plan.

• Work Schedule

• Verifiable Certificates of Insurance with current dollar limits.

• Verifiable licenses with expirations dates.

• Written designee of contractor’s emergency contact and contact information.

Contractor responsibilities in connection with this contract shall include, but not be limited to:

• Interior and Exterior inspections will review structure, sanitary, safety, security and any installed coating conditions. Reporting will be provided based on water tanks inspection criteria, referencing applicable OSHA, EPA, AWWA, TCEQ and NFPA requirements.

Minimum items examined will include inlets and outlets, ladders, shell, roof, vents, walls and floors, baffles/support walls, sumps, manways, welds, joints and seams, foundation, anchors, safety systems, hatches, coatings, telemetry, sediment depths, external overflow, and plumbing.

• In-Service Cleaning of water tank in accordance with ANSI/AWWA Standard C652.19.

• In-service removal of all accumulated bottom debris and sediment and removal of the debris off of Government land.

• The contractor shall furnish all labor, tools, and deliverables. It is the sole responsibility of the contractor to verify that the Inspection and cleaning are fully completed, and any deficiencies or repairs needed be included in a written report with correction instructions.

• Adherence to all the following shall be maintained at all times:

o Occupational Safety and Health Administration (OSHA) Regulation, specifically 29

CFR 1910 -General Industry.

o ANSI/AWWA Standard C652-19.

• Obtaining all required permits and scheduling all applicable inspections.

• All inspections must be successfully signed off and completed prior to receipt of final payment.

• All inspections shall be performed in accordance with manufacturer's guidance and the state of South Dakota’s regulations.

• Possess adequate liability insurance and proper license to perform all work stated herein.

• Notifying the Boxelder Center POC of all identified issues no later than 24 hours of discovery.

• All supplies and materials needed for this project will be furnished by the Contractor.

• Coordinate service schedule with the Boxelder Center POC prior to gaining access to any areas located on the Center.

• Keep work area(s) clean, neat, picked up and safe to include signs, cones, gates, tape, rope to discourage access by employees, staff and students assigned to the Boxelder Center.

• All trash shall be picked up and removed at the end of each workday.

4.0. LOCATION OF SERVICES ON CENTER

The following area within the Boxelder Job Corps Center boundaries are areas where services may be provided. A site map is attached to this PWS for reference purposes.

The tank is 16’ high x 26’ diameter, 63,000 gallons, and is a steel-bolted on-grade tank.

The tank will be full to overflow and in-service prior to the arrival of the Contractor. Access to the tank will be through a minimum latch size of 24” x 24”. Unobstructed road access will be provided.

5.0 GOVERNMENT FURNISHED PROPERTY

Upon coordination between the contractor and Boxelder Center POC, all equipment, supplies, and/or materials required for the successful performance of this contract shall be ordered and supplied by the Government. Should the contractor procure any equipment, supplies and/or materials in connection with this contract, unless pre-approved by the POC they shall do so at their own risk and expense. The Government shall not be held liable for delayed receipt of any Government furnished property items due to delivery time or product availability.

5.0 DELIVERABLES

The following deliverables shall be required prior to the Government accepting completed work and approving payment. Contractor shall develop and deliver to the Boxelder Center POC: Edward Lewis, edward.p.lewis@usda.gov.

After inspection, furnish the following:

• A PDF report of findings, violations, and actions taken. Report will include photos of findings and will comply with State of South Dakota Requirements. Any violations noted shall reference the requirements that are being violated.

• Video recording of inspection, transferred to USFS Cloud storage site.

• Repair and/or Replacement recommendations must also be included with the report and must include cost estimates for these recommendations. Recommendations included in the service reports may be used in the future by the Government in its determinations to repair and/or replace equipment as needed, and subject to the availability of funds.

6.0 TRAVEL

All travel shall be included in the firm fixed priced CLINs. All travel shall be in accordance with Federal Travel Regulations. Current Federal Travel Regulations may be obtained from the following website: https://www.gsa.gov. Any deemed necessary ODCs should be factored into the fully burdened FFP.

END OF CURLEW TANK INSPECTION AND CLEANING SERVICES PWS

(viii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (MAR 2023) (Provision)

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

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, and a price proposal.

a) Technical Proposal – The technical proposal shall address the evaluation factors in

52.212-2. At a minimum technical proposal shall include:

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

ii.) Proof of licensing and insurance valid in the State of South Dakota.

b) Price Proposal – Include the following: 1) the completed, signed SF-1449, 2) acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment(s), and 3) the completed Schedule of Items contained in Section V of this solicitation.

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

All questions: regarding this acquisition must be submitted in writing by 5:00 pm Eastern Time, Wednesday, September 27, 2023, to Eric.Asper@usda.gov. In the subject line of your email ensure it has the following title “Boxelder Potable Water Tank Cleaning and Inspection – Questions” Please copy Mr. Tracy Doud at tracy.doud@usda.gov to your email.

All offers must be received electronically: to Mr. Eric Todd Asper via email at Eric.Asper@usda.gov by the closing date and time for receipt of offers being Thursday, October 5, 2023, no later than 5:00 pm Eastern Time. Late proposals will not be considered. Please copy Mr. Tracy Doud at tracy.doud@usda.gov to your email.

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

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

• Technical

• Past Performance

• Price

Technical 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.

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

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Provision)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It ☐ will, ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (DEC 2022) (DEVIATION DEC 2022) (DEVIATION NOV 2022) (Provision)

[If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf file:///C:%5CUsers%5Cmelissaajohnson%5CDownloads%5C(DEVIATION%20NOV%202022)%20%E2%80%93%20Offerors%20that%20are%20representing%20as%20joint%20ventures%20should%20submit%20their%20socio-economic%20status%20in%20the%20space%20provided%20above%20until%20such%20time%20that%20SAM.gov%20has%20been%20updated%20to%20include%20the%20joint%20venture%20representations%20contained%20within file:///C:%5CUsers%5Cmelissaajohnson%5CDownloads%5C(DEVIATION%20NOV%202022)%20%E2%80%93%20Offerors%20that%20are%20representing%20as%20joint%20ventures%20should%20submit%20their%20socio-economic%20status%20in%20the%20space%20provided%20above%20until%20such%20time%20that%20SAM.gov%20has%20been%20updated%20to%20include%20the%20joint%20venture%20representations%20contained%20within

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 ______________.

(xi) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (DEC 2022) (DEVIATION 2017-1)

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (JUN 2023) (DEVIATION 2017-

1, DEVIATION DEC 2022)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) (31 U.S.C.3903 and 10 U.S.C. 3801)

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876 https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

(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.]

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

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

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

(E.O.13126).

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

E.O. 13627).

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

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

Contracting Officer check as appropriate.] ☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

☒ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xiii) Additional Requirements/Terms and Conditions:

Clauses:

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day.

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.204-70 Modification for Contract Closeout (DEVIATION JUL 2022)

Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://www.usda.gov/sites/default/files/documents/agar-class-deviation-contract-closeout-clause.pdf proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

Personal Identity Verification of Contractor Employees

(a) The contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 4620-002 series.

(b) Should the results of the PIV process require the exclusion of a contractor's employee;

the Contracting Officer will notify the contractor in writing.

(c) The contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 series and to maintain a list of employees eligible for a USDA LincPass required for performance of the work.

(d) The responsibility of maintaining a sufficient workforce remains with the contractor.

Contractor employees may be barred by the Government from performance of work should they be found ineligible or to have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.

(e) The contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine unaccompanied physical access to a Federally-controlled facility and/or routine unaccompanied access to a Federally-controlled information system.

(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the COR, unless otherwise specified in this contract. The PIV Sponsor will be available to receive contractor identity information from * (hours and days) to * (hours and days) at * (office address for registration). The Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor's responsibility to meet all aspects of paragraphs (c), (d), and (e).

Provisions:

52.204-7 System for Award Management (OCT 2018)

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

52.237-1 Site Visit (APR 1984) Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

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):

Federal Acquisition Regulation (FAR) Provisions:

https://www.acquisition.gov/browse/index/far (FAR Provisions begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Provisions:

https://www.acquisition.gov/agar (AGAR Provisions begin with 452) FAR and AGAR Deviations to provisions may be viewed at: Policies & Regulations |

USDA

52.252-5 Authorized Deviations in Provisions (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Agriculture Acquisition Regulation (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(xv) Date, Time, and Place Offers are due

Offers are due no later than Thursday October 5, 2023, 5:00 PM Eastern Time to Eric.Asper@usda.gov. Secondary point of contact, Mr. Tracy Doud at tracy.doud@usda.gov.

Please copy Mr. Tracy Doud at tracy.doud@usda.gov to your email.

(xvi) Government Point of Contact

Eric Asper – Eric.Asper@usda.gov

Tracy Doud – Tracy.Doud@usda.gov https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://www.usda.gov/da/ocp/ppd/policies-regulations mailto:Eric.Asper@usda.gov mailto:Tracy.Doud@usda.gov

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | PAGE OF PAGES Solicitation No 1282A723Q0062 | | IN REFERENCE TO PART III A Quoter Documents _ |__19 |__ 19____

I. 10. QUOTER’S QUESTIONNAIRE

☐ Completed Schedule of Services with proposed pricing.

☐ Quoter confirms the attached Scope of work has been thoroughly reviewed before submitting a quotation.

☐ The registration process at www.SAM.gov has been successfully completed.

☐ Acknowledgment of acceptance of all solicitation amendments ☐ Quoter confirms the provision FAR 52.204-26 and FAR 52.212-3, the annual representations and certifications, has been electronically completed at www.SAM.gov. The complete provision can be found at https://www.acquisition.gov/browse/index/far.

☐ Contract Federal Tax ID Number is provided:__________________________ ☐ Contractor SAM Unique Entity ID number is provided: _________________________ ☐ A copy of the applicable State license(s) for the proposed Personnel are provided.

☐ Proof of Insurance, in accordance with FAR 52.228-5 and AGAR 452.228-71 is provided.

Contractor’s Point of Contact (POC) Information is provided:

Name: Company:

Position: Email:

Phone: Fax:

☐ The following questions have been answered as provided below:

1. Within the past 5 years have you failed to complete any work awarded to you or been terminated for default or breach of contract? If yes, explain.

☐ The following three (3) professional references of similar past work performance within the last three (3) years is provided:

1. Name: Organization:

Phone: Email:______________________________________

2. Name: Organization:

Phone: Email:______________________________________

3. Name: Organization:

Phone: Email:

☐ I certify that all of the information provided above is complete, true, and correct to the best of my knowledge.

Sign:______________________________________ Date:_______________________________________ https://www.acquisition.gov/browse/index/far