1284LM24Q0009.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

84LM

OGDEN UT 84401-2310

324 25TH ST

USDA-FS CSA INTERMOUNTAIN 2

0385 CODE 16. ADMINISTERED BYCODE

X

X

115310

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR84LM

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

12/13/2023 1700 MT

11/29/2023

505-563-7242JOANNE MEIERS

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1284LM24Q0009

5. SOLICITATION NUMBER

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

1 20 1114869OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

KALISPELL MT 59901

650 WOLFPACK WAY

WESTERN MONTANA ACQUISITION ZONE

USDA FOREST SERVICE

15. DELIVER TO

OGDEN UT 84401-2310

324 25TH ST

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$11.5

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)

USDA-FS CSA INTERMOUNTAIN 2

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.

0001 Subitems 01-43 (873 Acres)

Period of Performance: 05/01/2024 to 10/31/2024

0002 Optional Subitems 44-50 (259 Acres)

Period of Performance: 05/01/2024 to 10/31/2024

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

JOANNE MEIERS

. 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.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

20 2 of

Flathead National Forest Task Order FNF-03 – Stand Improvement & Fuels Treatment IDIQ Contract

Task Order No: FNF-03

Contract No.: 1284LM22XXXX Delivery Order No.

Description of services required: (include summary info chart, work items, descriptions of work, units, acreage, project maps, prescriptions, etc.)

TASK ORDER PERIOD OF PERFORMANCE (See F.3.): 05/01/2024 thru 10/31/2024

ESTIMATED START WORK DATE: 05/01/2024

Calendar days within Task Order Period of Performance (See F.3.): 168 days

Ranger District(s): Tally Lake T.O.COR: Michael West Required items:

Sub item

Item Est.

Acres

Unit Acre $ Unit Total $ Quantity/ Day

01 C.5.14.6 Unit Preparation 14 SP 500 02 C.5.14.6 Unit Preparation 7 SP 501 03 C.5.14.6 Unit Preparation 7 SP 505 04 C.5.14.6 Unit Preparation 9 SP 508 05 C.5.14.6 Unit Preparation 21 SP 514 06 C.5.14.6 Unit Preparation 31 SP 515 07 C.5.14.6 Unit Preparation 11 SP 516 08 C.5.14.6 Unit Preparation 9 SP 520 09 C.5.14.6 Unit Preparation 39 SP 521 10 C.5.14.6 Unit Preparation 22 SP 522 11 C.5.14.6 Unit Preparation 23 SP 524 12 C.5.14.6 Unit Preparation 19 SP 526 13 C.5.14.6 Unit Preparation 27 SP 528 14 C.5.14.6 Unit Preparation 26 SP 529 15 C.5.14.6 Unit Preparation 16 SP 530 16 C.5.14.6 Unit Preparation 51 SP 532 17 C.5.14.6 Unit Preparation 26 SP 533 18 C.5.14.6 Unit Preparation 29 SP 535 19 C.5.14.6 Unit Preparation 23 SP 536 20 C.5.14.6 Unit Preparation 46 SP 537 21 C.5.14.6 Unit Preparation 21 SP 538 22 C.5.14.6 Unit Preparation 22 SP 539 23 C.5.14.6 Unit Preparation 6 SP 540 24 C.5.14.6 Unit Preparation 24 SP 541 25 C.5.14.6 Unit Preparation 14 SP 542 26 C.5.14.6 Unit Preparation 10 SP 543 27 C.5.14.6 Unit Preparation 6 SP 23 A/B 28 C.5.14.6 Unit Preparation 12 SP 26 29 C.5.14.6 Unit Preparation 18 SP 47

30 C.5.14.6 Unit Preparation 14 SP 54 31 C.5.14.6 Unit Preparation 8 TH 37 32 C.5.14.6 Unit Preparation 12 TH 38 33 C.5.14.6 Unit Preparation 8 TH 100 34 C.5.14.6 Unit Preparation 35 TH 101 35 C.5.14.6 Unit Preparation 33 TH 103 36 C.5.14.6 Unit Preparation 21 SG 326 37 C.5.14.6 Unit Preparation 17 SG 328 38 C.5.14.6 Unit Preparation 4 SG 329 39 C.5.14.6 Unit Preparation 17 SG 330 40 C.5.14.6 Unit Preparation 4 SG 340 41 C.5.14.6 Unit Preparation 10 SG 353 42 C.5.14.6 Unit Preparation 14 SG 355 43 C.5.14.6 Unit Preparation 87 SG 349/R

Total: 873 acres $ Optional Items:

44 C.5.14.6 Unit Preparation 93 SG 320/FB110/111 45 C.5.14.6 Unit Preparation 14 FB 101 46 C.5.14.6 Unit Preparation 31 FB 102 47 C.5.14.6 Unit Preparation 72 FB 106 48 C.5.14.6 Unit Preparation 28 FB 114 49 C.5.14.6 Unit Preparation 4 FB 115 50 C.5.14.6 Unit Preparation 17 FB 116

Total: 259 acres $ Schedule Notes:

a. One award will be made from this solicitation.

b. Contractors must submit pricing for all line items.

c. Items labeled as optional items are not required to be exercised by the Government. If exercised, the

Contractor will be required to perform the optional work in accordance with the terms and conditions of the base IDIQ contract.

A. Description of Requirement

FNF-03 Task Order Summary

Project Location and Access:

Area of work is on the Tally Lake Ranger District, Flathead National Forest, located near Kalispell, MT.

Georeferenced Vicinity Map (northwest Flathead Valley), Project Area Access Maps, and Individual Unit Maps have been provided. Individual Unit Maps depict Forest Service Road access types and barriers. Many units are located behind locked administrative gates. Forest Service gate keys for the purpose of pre-bid unit inspection can be checked out from the Flathead National Forest Supervisor’s Office located at 650 Wolfpack Way in Kalispell, MT, 59901, Monday thru Friday (except government holidays) between the business hours of 8am – 4:30pm MST.

Boundary Markings:

All unit boundaries will be marked with pink or blue flagging. Unit boundary markings may not be complete for all units at time of pre-bid inspection; however, all unit boundary marking will be completed by government before Task Order start. The supplied georeferenced Individual Unit Maps can be used to locate units during pre-bid inspection.

Specifications

C.5.14.6 Unit Preparation:

A description of the required Unit Preparation for each unit will be provided in a Unit Prescription Summary for each unit or groups of units prior to the start work date. Unit Prescription Summaries will include one or more of the following elements:

1) C.5.2 Tree Thinning:

➢ Average spacing 15’ or 20’ including overstory trees.

➢ COR may determine the average spacing less than but not more than 15’ or 20’.

➢ Species Preference: PP, WL, DF, LP, ES, AF, GF, WRC (Except SP 23, SP 26, SP 47, SP 54, SP 515 & SP 533 PP, DF, WL, LP, ES, AF, GF, WRC)

➢ Contractor shall utilize the C.5.2.1 Best Tree in Competitive Area Leave Tree Selection method for selection of leave trees, in conformance with the species preference indicated on the supplied Unit Summary Information Chart, as well as any D-minus rule (Section J, Exhibit 15) or damage notes, as applicable.

➢ A 50% spacing variance may be applied to all units to allow selection of the best tree of the preferred species. Birch, aspen, hemlock, whitepine and white bark pine are not to be cut in any units and will not be counted in leave tree per acre calculations.

➢ Overstory trees and trees larger than the specified cut limit will be counted in leave tree per acre calculations.

➢ Minimum tree height to thin is 2 feet.

➢ Maximum diameter at breast height to thin is 7 or 8 inches.

➢ Maximum stump height is 4 inches.

2) C.5.3.2 Shrub Slashing:

➢ Minimum shrub height to slash for all units is 3 feet.

➢ All shrubs over the minimum cut height shall be cut, except one uncut clump of shrubs shall be left at approximately 100’ spacing in all units.

➢ Maximum stump height for all units is 4 inches.

3) C.5.9 Slash Treatment: All task order units shall receive either Slash Treatment, Hand Piling, or a combination of both treatments, as specified in the Summary Information Chart. Where Slash Treatment is required, C.5.9.1 Standard Slash Treatment (Lop & Scatter) shall be used.

➢ Maximum depth of slash in all units receiving Lop & Scatter slash treatment is 2 feet.

➢ Maximum bucked log length is 8 feet.

4) C.5.10 Hand Piling: Hand piling shall be performed in areas as specified on the Summary Information Chart and indicated on provided Individual Unit Maps.

➢ When specified as 100’ either side of road(s), road(s) shall mean any FS or Non- FS Road depicted on the provided Individual Unit Maps, regardless of road status or condition.

➢ Distance shall be measured from the edge of the forest vegetation lining the roadway.

➢ Piles shall conform with all specifications outlined in section C.5.10.

➢ Maximum diameter of slash & natural fuel to pile is 8 inches.

➢ Maximum bucked log length is 8 feet, limbed flush with the bole on two sides.

➢ Pile configuration shall be parallel, like pencils in a box.

➢ Minimum pile height is 6 feet.

➢ Waterproof wax paper pile covering is required.

Quality control is the contractor’s responsibility and requires the foreman or a designated inspector to complete a 1/20th acre plot per five acres to ensure acceptable stocking density and quality is 90% or greater for all work items. Except items 28 thru 36 where non-plot-based walk thru inspections are acceptable to ensure 90% or greater quality for all work items.

Summary:

Thinning 873 acres Shrub Slashing 699 acres Hand Piling 407 acres

Optional Unit Summary:

Thinning 259 acres Hand Piling 55 acres

List of Attachments:

Attachment 1: FY24 Access Map Attachment 2: FY24 Salish Good Attachment 3: FY24 Stovepipe Attachment 4: FY24 Taylor Hellroaring Attachment 5: Wage Determination

Proposed Period of Performance: June 1, 2024, through October 31, 2024

FNF-03 Summary Information Chart

*Note: The following Species Preference applies to all units: PP, WL, DF, LP, ES, AF, GF, WRC (Except SP 23, SP 26, SP 47, SP 54, SP 515 & SP 533 PP, DF, WL, LP, ES, AF, GF, WRC.) Do not cut birch, aspen, hemlock, white pine or white bark pine.

Su b

W or k It em

N

o. Unit

Name/ No. E st im at ed

A cr es

B ou nd ar y M ar ki ng s Leave Tree

Spacing (ft)

Acceptable Stocking Density Trees/ac

Max.

DBH

To cut (in)

Min.

Tree

HT

To cut (ft)

Remarks

01 SP

14 Pink 15 140-260 7 2 100’ roadside pile (3 ac), lop & scatter & shrub slash

02 SP

7 Pink 15 140-260 7 2 100’ roadside pile (2 ac), lop & scatter & shrub slash

03 SP

7 Pink 15 140-260 7 2 100’ roadside pile (3 ac), lop & scatter & shrub slash

04 SP

9 Pink 15 140-260 7 2 100’ roadside pile (1 ac), lop & scatter & shrub slash

05 SP

21 Pink 15 140-260 7 2 100’ roadside pile (7 ac), lop & scatter & shrub slash

06 SP

31 Pink 15 140-260 7 2 100’ roadside pile (5 ac), lop & scatter & shrub slash Nonstandard species preference ref. above

07 SP

11 Pink 15 140-260 7 2 100’ roadside pile (3 ac), lop & scatter & shrub slash

08 SP

9 Pink 15 140-260 7 2 100’ roadside pile (1 ac), lop & scatter & shrub slash

09 SP

39 Blue 15 140-260 7 2 Pile entire unit & shrub slash

10 SP

22 Blue 15 140-260 7 2 Pile entire unit & shrub slash

11 SP

23 Pink 15 140-260 7 2 100’ roadside pile (2 ac), lop & scatter & shrub slash

12 SP

19 Pink 15 140-260 7 2 Lop & scatter entire unit & shrub slash

13 SP

27 Pink 15 140-260 7 2 Lop & scatter entire unit & shrub slash

14 SP

26 Pink 15 140-260 7 2 100’ roadside pile (3 ac), lop & scatter & shrub slash

15 SP

16 Pink 15 140-260 7 2 Lop & scatter entire unit & shrub slash

16 SP

51 Blue 15 140-260 7 2 Pile entire unit & shrub slash

17 SP

26 Blue 15 140-260 7 2 Pile entire unit & shrub slash Nonstandard species preference ref. above

18 SP

29 Pink 15 140-260 7 2 100’ roadside pile (4 ac), lop & scatter & shrub slash

19 SP

23 Pink 15 140-260 7 2 Lop & scatter entire unit & shrub slash

20 SP

46 Pink 15 140-260 7 2 100’ roadside pile (7 ac), lop & scatter & shrub slash

21 SP

21 Blue 15 140-260 7 2 Pile entire unit & shrub slash

22 SP

22 Blue 15 140-260 7 2 Pile entire unit & shrub slash

23 SP

6 Pink 15 140-260 7 2 100’ roadside pile (2 ac), lop & scatter & shrub slash

24 SP

24 Pink 15 140-260 7 2 100’ roadside pile (4 ac), lop & scatter & shrub slash

25 SP

14 Pink 15 140-260 7 2 100’ roadside pile (3 ac), lop & scatter & shrub slash

26 SP

10 Pink 15 140-260 7 2 100’ roadside pile (1 ac), lop & scatter & shrub slash

27 SP 23

A/B

6 Blue 20 N/A 8 2 Pile entire unit & shrub slash Leave 2 1/20th acre clumps per acre uncut Nonstandard species preference ref. above

28 SP 26 12 Blue 20 N/A 8 2 Pile entire unit & shrub slash Leave 2 1/20th acre clumps per acre uncut Nonstandard species preference ref. above

29 SP 47 18 Blue 20 N/A 8 2 Pile entire unit & shrub slash Leave 2 1/20th acre clumps per acre uncut Nonstandard species preference ref. above

30 SP 54 14 Blue 20 N/A 8 2 Pile entire unit & shrub slash Leave 2 1/20th acre clumps per acre uncut Nonstandard species preference ref. above

31 TH 37 8 Blue 20 N/A 8 2 Pile entire unit & shrub slash Do not cut Whitebark Pine

32 TH 38 12 Blue 20 N/A 8 2 Pile entire unit & shrub slash Do not cut Whitebark Pine

33 TH

8 Blue 20 N/A 8 2 Pile entire unit & shrub slash Do not cut Whitebark Pine

34 TH

35 Blue 20 N/A 8 2 Pile entire unit & shrub slash Do not cut Whitebark Pine

35 TH

33 Blue 20 N/A 8 2 Pile entire unit & shrub slash Do not cut Whitebark Pine

36 SG

21 Pink 15 140-260 7 2 100’ roadside pile (3 ac), lop & scatter

37 SG

17 Pink 15 140-260 7 2 100’ roadside pile (4 ac), lop & scatter

38 SG

4 Pink 15 140-260 7 2 100’ roadside pile (2 ac), lop & scatter

39 SG

17 Pink 15 140-260 7 2 100’ roadside pile (4 ac), lop & scatter

40 SG

4 Pink 15 140-260 7 2 100’ roadside pile (1 ac), lop & scatter

41 SG

10 Pink 15 140-260 7 2 100’ roadside pile (3 ac), lop & scatter

42 SG

14 Pink 15 140-260 7 2 100’ roadside pile (4 ac), lop & scatter

43 SG

349/R

87 Pink 15 140-260 7 2 100’ roadside pile (1 ac)/100’ east boundary pile (7

ac) with 50’ pile pull back, lop & scatter

Optional Units

44 SG

320/F B110/

93 Pink 15 140-260 7 2 100’ roadside pile (15 ac)/100’ north boundary pile (10 ac) with 50’ pile pull back, & private boundary ref. map, lop & scatter

45 FB

14 Pink 15 140-260 7 2 100’ roadside pile & private boundary ref. map (4 ac), lop & scatter

46 FB

31 Pink 15 140-260 7 2 100’ roadside pile & private boundary ref. map (4 ac), lop & scatter

47 FB

72 Pink 15 140-260 7 2 100’ roadside pile & private boundary ref. map (13 ac), lop & scatter

48 FB

28 Pink 15 140-260 7 2 100’ roadside pile & private boundary ref. map (3 ac), lop & scatter

49 FB

4 Pink 15 140-260 7 2 100’ roadside pile & private boundary ref. map (1 ac), lop & scatter

50 FB

17 Pink 15 140-260 7 2 100’ roadside pile & private boundary ref. map (5 ac), lop & scatter

B. Provisions

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (MAR 2023) Addenda to provision 52.212-1:

Addenda to Provision 52.212-1:

For simplified acquisitions, the word quote or quoter is substituted in provision 52.212-1 for the word offer or offeror.

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. www.sam.gov

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

a) 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 B of this solicitation.

b) Representations and Certifications – Fill in the check boxes for provisions 52.204-24, 52.209-7, 52.212-3, and Employment of Eligible Workers-Workforce Certification found in Section C of this solicitation and include a copy with your offer.

3) Submit offer by email to joanne.meiers@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 2 separate attachments (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.

http://www.acquisition.gov/browse/index/far http://www.acquisition.gov/agar http://www.sam.gov/ mailto:joanne.meiers@usda.gov

4) Address questions about this solicitation to joanne.meiers@usda.gov.

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

Replace (f)(2)(i) with the following:

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. Delete 52.212-(f)(2)(i) paragraphs A, B, C.

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

(a) The Government will award a task order resulting from this solicitation to the responsible offeror with the lowest evaluated price. The following factors shall be used to evaluate offers: Past Performance, Price.

(b) Optional Items. The Government will evaluate offers for award purposes by adding the total price for all optional items to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the optional prices are significantly unbalanced. Evaluation of optional items shall not obligate the Government to award those items.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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.

52.252-5 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

C. 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.

52.209-7 Information Regarding Responsibility Matters (OCT 2018) (Provision)

(a)Definitions. As used in this provision—

Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b)The offeror ☐ has ☐does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c)If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i)In a criminal proceeding, a conviction.

(ii)In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii)In an administrative proceeding, a finding of fault and liability that results in–

(A)The payment of a monetary fine or penalty of $5,000 or more; or

(B)The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv)In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d)The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov. See 52.204-7.

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (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 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.

https://www.sam.gov/ https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf file:///C:/Users/melissaajohnson/Downloads/(DEVIATION%20NOV%202022)%20%E2%80%93%20Offerors%20that%20are%20representing%20as%20joint%20ventures%20should%20submit%20their%20socio-economic%20status%20in%20the%20space%20provided%20above%20until%20such%20time%20that%20SAM.gov%20has%20been%20updated%20to%20include%20the%20joint%20venture%20representations%20contained%20within http://www.acquisition.gov/far/ 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

DEVIATION NOV 2022] Offerors that are representing as joint ventures should submit their socio-economic status in the space provided above until such time that SAM.gov has been updated to include the joint venture representations contained within provision 52.212-3 paragraph (c).

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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: (http://www.foreignlaborcert.doleta.gov/)

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 ______________ .

https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf http://www.foreignlaborcert.doleta.gov/ http://www.dol.gov/whd/mspa/

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.

SIGNATURE: DATE:

PRINTED NAME: TITLE:

D. Date, Time and Place Offers Due:

Offers are due no later than December 13, 2024, 1700 MT to joanne.meiers@usda.gov.