12SAD225R0001.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

RD-31ME

See Schedule

RD-RHS CODE 16. ADMINISTERED BYCODE

X

X

X

531320

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORRD-31ME

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

03/24/2025 1600 ET

02/19/2025

MARIA CALICA

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12SAD225R0001

5. SOLICITATION NUMBER

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

1 87 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

WASHINGTON DC 20250

ROOM 6900

1400 INDEPENDENCE AVENUE, SW

USDA, RURAL HOUSING SERVICES

15. DELIVER TO

WASHINGTON DC 20250

1400 INDEPENDENCE AVE, SW

RURAL DEVELOPMENT BUSINESS CENTER

PROCUREMENT MANAGEMENT OFFICE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$9.5

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, RURAL DEVELOPMENT

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.

ADMINISTERED BY:

USDA, RURAL DEVELOPMENT

PROCUREMENT MANAGEMENT OFFICE

RURAL DEVELOPMENT BUSINESS CENTER

1400 INDEPENDENCE AVE, SW

WASHINGTON DC 20250

Period of Performance: 06/02/2025 to 06/01/2030

0001 Nationwide Recapture Appraisal Services 1 LO Product/Service Code: R411 Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

MARIA A. CALICA

. 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.

0002 Nationwide Recapture Appraisal Services 1 LO

(Option Line Item)

06/01/2030

Product/Service Code: R411

Period of Performance: 06/02/2030 to 12/01/2030

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

87 2 of

Nationwide Recapture Appraisals Solicitation No. 12SAD225R0001

PART I – THE SCHEDULE

PART II – CONTRACT CLAUSES

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

PART I – THE SCHEDULE

SECTION C- DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

C.1 PERFORMANCE WORK STATEMENT (PWS)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the PWS referenced in Section J.

C2. ATTACHMENT TO PERFORMANCE WORK STATEMENT

Attachments to the PWS are hereby made part of this solicitation and any resultant contract.

The rest of this page is left blank intentionally.

SECTION D- PACKAGING AND MARKING

D1. DELIVERABLES

All deliverables under this contract shall be submitted in accordance with the PWS.

SECTION E- INSPECTION AND ACCEPTANCE

E1. INSPECTION AND ACCEPTANCE

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: the USDA -RD. All deliverables shall be submitted in accordance with the PWS.

SECTION F- DELIVERIES OR PERFORMANCE

F1. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

The following contact clause(s) are hereby incorporated by reference:

52.242-15 STOP WORK ORDER (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

52.211-11 LIQUIDATED DAMAGES – SUPPLIES, SERVICES, OR RESEARCH AND

DEVELOPMENT (SEPT 2000)

If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages in the amount stated in the Task Order.

(b) If the Government terminates this contract in whole or in part under the Default-Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default-Fixed-Price Supply and Service clause in this contract.

(End of clause)

F2. PERIOD OF PERFORMANCE

The period of performance of this contract is from 06/02/2025 through 06/01/2030.

(End of clause)

F3. RECOGNIZED HOLIDAYS

The scope of services under this award may occur outside of normal business days and hours and can occur on Federal Holidays, although Federal Government support may not be available.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth National Independence Day Christmas Day Independence Day

In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by Presidential Proclamation

It is understood and agreed between the Government and the contractor that observance of such days by Government personnel will not otherwise be a reason for an additional period of performance, or entitlement to compensation. In the event the contractor's personnel work during the holiday, they may be reimbursed by the contractor, however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked.

This provision does not preclude reimbursement for authorized premium pay.

F4. PLACE OF PERFORMANCE

The work performed under this IDIQ will be specified within each Task Order. Work can be performed at the Contractor facilities and other locations, as determined by the Government. The Contractor will provide all supplies, equipment, facilities, and services, at the place of performance.

F5. DELIVERY SCHEDULE

The Contractor shall provide deliverables as outlined in each Task Order PWS. The USDA will specify the format and delivery schedule at the Task Order level.

SECTION G – CONTRACT ADMINISTRATION DATA

G1. CONTRACT ADMINISTRATION

a) Contracting Officer

The Contracting Officer (CO) holds the contractual authority for the resulting contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms and conditions and requirements. The CO may delegate certain other responsibilities to the Contracting Officer’s Representative (COR). The U.S. Department of Agriculture, Rural Development, Procurement Management Office warranted contracting officers are the only individuals who can legally commit or obligate the Government or authorize any changes that affect the contract price, delivery schedule, period of performance or other terms and conditions.

b) Contracting Officer’s Representative

A COR will be appointed at the Task Order level. The COR will act as the Contracting Officer’s Representative for technical matters, providing technical direction and discussion as necessary with respect to the PWS, and monitoring the progress and quality of the contractor’s performance. The COR is not an Administrative Contracting Officer and does not have the authority to take any action, either directly or indirectly, that would change the price, quantity, quality, place of performance, delivery schedule, or any other terms and conditions of the contract. The COR does not have the authority to direct the accomplishment of any effort which goes beyond the scope of the contract PWS.

When, in the opinion of the Contractor, the COR or any other representative of the Government (other than a Contracting Officer), requests efforts outside the existing scope of the contract, the Contractor must promptly notify the Contracting Officer in writing. The Contractor must take no action under such direction until the Contracting Officer has issued a modification to the contract or otherwise resolved the issue.

c) Contractor’s Representative Responsibilities

The Contractor's representative (i.e. Contract Administrator), as designated by the Contractor, will be responsible for all contract administration issues for this IDIQ contract and all subsequent task orders.

The Contractor’s Representative will act as the central point of contact with the Government for all contractual matters. The Contractor’s representative must have full authority to act on behalf of the contractor in all contractual matters. The representative must be able to fluently read, write, and speak the English language.

The Contractor must not accept any instructions issued by any person employed by the Government or otherwise, other than the CO for time, scope, and monetary instructions or the COR acting within the limits of his or her authority. The Contractor must not in any way represent that he is a part of the U. S.

Government or that he has the authority to contract or procure supplies for the account of the United States of America.

G2. INVOICE AND PAYMENT INSTRUCTIONS

Invoice Submission

a) Invoices will be submitted via email to the COR and CO as indicated in this section. Submit your invoices on your company’s letterhead with the information below.

b) To assist the Government in making timely payments, the Contractor must furnish the following information with their invoice:

• Contract Number

• Task Order Number

• Name and payment address of the contractor (include the name, title, telephone number, and mailing address of a contact person in the event of a defective invoice)

• Invoice Number/Date

• Vendor Express Number (VXP), if any

• Payment Terms

• Amount by line-item number (CLIN) including quantity and unit price o Broken down by state

• List of incidental fees – (incidental fees submitted must be accompanied by receipts)

• Description of services

• Date appraisal assigned for all CLINs

• Date appraisal completed for all CLINs

• Date services were provided

• Copies of all reports and documentation required by the contract, for which payment is being requested

• Certification of correctness by date and signature of Contractor’s authorized official

c) Invoice(s) must be submitted monthly for all services provided during each month. The CO will initiate payment after verification that the invoice is proper, including COR certification that services were accepted.

d) Invoices should be submitted on or before the 10th workday of the succeeding month.

Invoice Discrepancies

The COR will complete preliminary review of the invoice, and the CO will notify the Contractor of any discrepancies within seven (7) calendar days after receipt.

Payment of Invoices by Electronic Funds Transfer

Payments under this contract must be made under the Department of Treasury’s Automated Clearing House (ACH) system. Under this system, the funds will be wired electronically to the contractor’s financial institution pursuant to FAR 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (Oct 2018).

No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of its own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or conditions of this contract.

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

H1. CONTRACTOR PERFORMANCE EVALUATIONS

Contractor performance evaluations will be prepared on the task orders issued against this IDIQ contract in accordance with FAR 42.1501 through 42.1503. Performance evaluations will be completed COR and submitted to the CO in accordance with the PWS and the Quality Assurance Surveillance Plan.

Performance evaluation will be prepared within 10 calendar days of the completion of work. At the discretion of the COR, interim evaluations will be performed. A copy of all evaluations will be provided to the Contractor via email as soon as practicable after completion of the interim and final evaluation. The Contractor will be permitted fourteen (14) business days to review the document and to submit additional information.

Contractors are encouraged to visit www.cpars.gov for the free online training. Once the evaluation is read and released, the Contractor will receive a second email alerting them the evaluation is ready for their review and comment. The Contractor will have thirty (30) days to respond to the evaluation.

The Government will consider any comments provided by the Contractor before finalizing a Performance Evaluation Report and the Contractor’s comments will be attached to the report. Any disagreement between the parties regarding an evaluation will be referred to the CO for review. If there are disagreements between the COR performance rating review and the Contractor, then the evaluation will be reviewed by the USDA Branch Chief for Single Family Housing designated “Reviewing Official”. The Reviewing Official’s decision will be final.

Registration: The Contractor is required to register with the Contractor Performance Assessment Reporting System (CPARS. CPARS is a web- enabled system that collects and manages the library of automated Contractor Performance Assessment Reports. Registration information is provided at http://www.cpars.gov.

Note:

Unless the Contractor provides a different POC to the CO after award, the CO will use the Past Performance Point of Contact (POC) listed on the Contractors, System for Award Management (SAM) profile as the default Past Performance POC. This person will receive the above CPARS email alerts. The Contractor is responsible for the accuracy and completeness of the data within the SAM database. Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file and may be used by Federal Agencies to support future award decisions.

H2. INFORMATION TECHNOLOGY ACCESSIBILITY FOR PERSONS WITH DISABILITIES-

SECTION 508 COMPLIANCE

All services and Electronic Information Technology (EIT) delivered as result of deliverables placed under this contract must comply with accessibility standards in accordance with Federal Information Technology Accessibility as required by Section 508 of the Rehabilitation Act (29 U.S.C. 794d), as amended.

Requirements for accessibility based on Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) are determined to be relevant for the following program need: "Deliverables – Various electronic transmittal of report documents and program management interfacing as stated in the PWS). EIT http://www.cpars.gov/ http://www.cpars.gov/

Information Content includes topics that address EIT products and EIT related services. Section 508 must be considered as a requirement on the delivered content to ensure that it includes data and/or knowledge appropriate to specific Section 508 accessibility requirements. The specific requirements that apply depend upon the specific type of EIT referred to in the information content as well as the functional performance criteria detailed in the solicitation/contract.

H3. INFORMATION ASSURANCE

The Contractor shall protect and not disclose any Personal Identification Information (PII). The term “PII,” as defined in OMB Memorandum M-07-1616 refers to information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual. The definition of PII is not anchored to any single category of information or technology. Rather, it requires a case- by-case assessment of the specific risk that an individual can be identified. In performing this assessment, it is important for an agency to recognize that non-PII can become PII whenever additional information is made publicly available - in any medium and from any source that, when combined with other available information, could be used to identify an individual.

H4. SECURITY REQUIREMENTS

(a) Information Technology Systems Requirements

1. The Contractor shall establish and implement appropriate administrative, technical, and physical safeguards to ensure the security and confidentiality of sensitive Government information, data, and/or equipment.

2. The Contractor shall comply with IT systems security and/or privacy specifications set forth in Rural Development and USDA directives, policies, and procedures; the Computer Security Act of 1987;

OMB Circular A-130; and the Federal Information Security Management Act of 2002 (FISMA).

3. Pursuant to FISMA policy, the Contractor shall be responsible for assuring that each Contractor employee who requires routine unaccompanied physical access to a Federally controlled facility and/or unaccompanied access to a Federally controlled information system, including a Rural Development issued computer, completes Computer Security Awareness training prior to performing any work under this contract.

4. The Contractor is required to maintain a listing of all individuals who have completed Computer Security Awareness training and submit this listing to the COR with a copy to the Contracting Officer within ten calendar days of an individual starting work on this contract.

(b) Information and Security

1. Contractor personnel shall comply with all local security requirements including entry and exit control for personnel and property at all government facilities.

2. Contractor personnel shall be required to comply with all Government security regulations and requirements. Initial and periodic safety and security training will be provided.

3. The Contractor shall not divulge any information about USDA files, data processing activities or functions, user identifications, passwords, or any other knowledge that may be gained, to anyone who is not authorized to have access to such information. The Contractor shall observe and comply with the security provisions in effect at Government facility. Identification shall be worn and displayed as required.

4. In the event that the contractor or its employees fail to comply with Government security regulations and requirements, the company shall provide the Government with a written remediation/corrective action plan. Furthermore, failure to comply with such requirements may result in termination of the order, contract or removal of contract employees from Government facilities or denial of access to IT systems.

5. The contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

H5. CONTRACTOR QUALITY CONTROL

(a) The contractor is responsible for carrying out its obligations under the contract by-

1. Controlling the quality of services.

2. Tendering to the Government for acceptance only those services that conform to contract requirements.

3. Maintaining substantiating evidence, that the services conform to contract quality requirements, and furnishing such information to the Government as required.

(b) The contractor shall establish a program for the control of quality that is acceptable to the Government and submit a Quality Control Plan to the Government with the proposal.

(c) The control of quality by the contractor must relate to, but is not limited to-

1. Written documents drafted for the Government in performance of the contract and task order requirements;

2. Procedures and processes for services to ensure that services meet contract performance requirements.

H6. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The Government has drafted a QASP, Attachment 2. The QASP is a “living document” that is subject to unilateral changes at the Government’s discretion. In addition, the QASP is a tool that aids the Government in monitoring performance. All findings of unsatisfactory or non-performed work will be administered in accordance with the below FAR 52.212-4(a). All costs associated with any rework are the responsibility of the Contractor. The Government reserves the right to choose the inspection methods to be used in implementing its QASP and to vary the inspection methods utilized during the work, without notice to the Contractor.

H7. PROCEDURES FOR ISSUING ORDERS

Request for Proposals (RFP) under this IDIQ will be issued by an Ordering Contracting Officer in writing, typically via email. The RFPs will require that pricing information be submitted in accordance with the RFP instructions to determine the reasonableness of the price. The Contractor proposal information must be submitted timely, to be received by the CO by the date and time set forth in the RFP.

The Contractor will perform work only if individual task orders are awarded to them and shall proceed with such work until it is completed, even if the work extends beyond the effective period of the contract in accordance with FAR 52.216-22.

H8. EXTENT OF OBLIGTATION

The Government is obligated only to the extent of authorized purchases made under this IDIQ. The Contractor shall not make expenditures or incur obligations in the performance of this IDIQ which exceed the price specified in Orders issued under this IDIQ, except at the Contractor’s own risk.

H9. RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. Includes USDA records.

2. Does not include personal materials.

3. Applies to records created, received, or maintained by Contractors pursuant to their USDA contract.

4. May include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law.

Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. USDA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of USDA or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity.

Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to USDA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to USDA control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and USDA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with USDA policy.

8. The Contractor shall not create or maintain any records containing any non-public USDA information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The USDA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which USDA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take USDA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

D. Flow-down of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract vehicle, and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

H10. RECORDS MANAGEMENT TRAINING

All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take USDA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training. To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.

The Contractor shall incorporate the substance of this clause, its terms, and requirements including this paragraph, in all subcontracts under this contract and require written subcontractor acknowledgment of same. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

H11. CONFIDENTIALITY OF RECORDS

All case files and other information related to assigned cases must be considered a system of records within the meaning of the Privacy Act and the Contractor must institute safeguards required by the Act.

The Contractor must take all necessary steps to maintain and ensure the confidentiality of information contained in each file and to protect against unwarranted disclosure of any such information.

H12. RESTRICTION AGAINST DISCLOSURE

The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor’s possession, to those employees needing such information to perform the work provided herein, i.e., on a “need to know” basis. The Contractor agrees to immediately notify in writing the Contracting Officer, named herein, if the contractor determines or has reason to suspect a breach of this requirement.

The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

H13. CONFIDENTIALITY OF INFORMATION

a) Confidential information, as used in this clause, means -

(1) information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)

(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the “Disputes” clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)

(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45-day period, the Contractor may proceed with disclosure.

Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the “Disputes” clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

H14. KEY PERSONNEL

(a) The Contractor shall assign to this contract the following key personnel: Contract Administrator

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The

Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

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PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I1. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

(End of Clause)

NUMBER TITLE DATE

52.203-3 Gratuities APR 1984 52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information Systems NOV 2021 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.227-14 Rights in Data MAY 2014

52.237-3 Continuity of Services JAN 1991 52.242-13 Bankruptcy JUL 1995

52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS- PROHIBITION

(DEC 2023)

(a) Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

http://www.acquisition.gov/ https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4713&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11101&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section153&num=0&edition=prelim https://www.ecfr.gov/current/title-32/part-2002

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e) https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3552&num=0&edition=prelim an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)

(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

https://www.sam.gov/ https://www.acquisition.gov/far/4.2304#FAR_4_2304

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement.

(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)

(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

https://dibnet.dod.mil/

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

(D) Name of the covered article or source subject to a FASCSA order;

(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;

(F) Brand;

(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.

(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts.

(1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products…