B02 - 12319823Q0058 New .pdf

Request for Quote (RFQ) No.: 12319823Q0058

Recipe Revision & Standardization Project

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USDA Food and Nutrition Service 1320 Braddock Place

Contract Management Division

Alexandria, Virginia 22314

SUBJECT: Request for Quote (RFQ) No. 12319823Q0058 Recipe Revision & Standardization Project Dear Offeror:

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR

Subpart 12.6, Streamlined Solicitation for Commercial Products or Commercial Services, and Part 13, Simplified

Acquisition Procedures 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.

Solicitation 12319823Q0058, as referenced above, is issued as a Request for Quotation (RFQ). This solicitation documents and incorporates provisions and clauses in effect through FAC 2023-04, fiscal year 2023.

Solicitation 12319823Q0058 is 100% Small Business Set-Aside.

North American Industry Classification System (NAICS) Code: 722310 – Food Service Contractor, small business size in millions is $14 million.

North American Industry Classification System (NAICS) Code: 541430 – Graphic Design Services, small business size in millions is $9 million.

1. CONTRACT LINE ITEM / PRICING

This is a Firm-Fixed-Price (FFP) Contract with four 12-month option periods. The specific details and descriptions of the Contract Line-Item Numbers (CLINs) are described below.

Base CLINS DESCRIPTION AMOUNT

0001 Task 1: Orientation Meeting and Project Schedule $ TBD *

0002 Task 2: Weekly Check-In Conference Calls $ TBD *

0003 Task 3: Monthly Written Reports $ TBD *

0004 Task 4: Develop or Modify and Standardize Fifteen

New or Existing Recipes for the NSLP/SBP into recipes reflecting updated meal pattern standards and incorporating added sugar recommendations

$ TBD *

TOTAL

Option Period 1

CLINS

DESCRIPTION AMOUNT

1001 Task 1: Project Schedule $ TBD *

1002 Task 2: Weekly Check-In Conference Calls $ TBD *

1003 Task 3: Monthly Written Reports $ TBD *

1004 Task 4: Develop or Modify and Standardize Fifteen

New or Existing Recipes for the NSLP/SBP into recipes reflecting updated meal pattern standards and incorporating added sugar recommendations

$ TBD *

TOTAL

Option Period 2

CLINS

DESCRIPTION AMOUNT

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2001 Task 1: Project Schedule $ TBD *

2002 Task 2: Weekly Check-In Conference Calls $ TBD *

2003 Task 3: Monthly Written Reports $ TBD *

2004 Task 4: Develop or Modify and Standardize Fifteen

New or Existing Recipes for the NSLP/SBP into recipes reflecting updated meal pattern standards and incorporating added sugar recommendations

$ TBD *

TOTAL

CLIN DESCRIPTION AMOUNT

3001 Task 1: Project Schedule $ TBD *

3002 Task 2: Weekly Check-In Conference Calls $ TBD *

3003 Task 3: Monthly Written Reports $ TBD *

3004 Task 4: Develop or Modify and Standardize Fifteen

New or Existing Recipes for the NSLP/SBP into recipes reflecting updated meal pattern standards and incorporating added sugar recommendations

$ TBD *

TOTAL

CLIN DESCRIPTION AMOUNT

4001 Task 1: Project Schedule $ TBD *

4002 Task 2: Weekly Check-In Conference Calls $ TBD *

4003 Task 3: Monthly Written Reports $ TBD *

4004 Task 4: Develop or Modify and Standardize Fifteen

New or Existing Recipes for the NSLP/SBP into recipes reflecting updated meal pattern standards and incorporating added sugar recommendations

$ TBD *

TOTAL

[*- Amount to be proposed by Offeror.]

2. PRICING / PAYMENT SCHEDULE

Firm Fixed Price Milestone Payment Schedule

2.0 Payment will be made to the Offeror based upon delivery and acceptance of the tasks performed.

Please submit a monthly payment schedule in accordance with the PWS deliverables.

Please send Techinical and Price Quotation regarding the RFQ via email to the Contract Specialist, Chantey Bost at chantey.bost@usda.gov. No phone calls will be accepted.

All questions must be received using the Question Format (Attachment 3) no later than (NLT) 12PM Eastern

Daylight Time, by August 9, 2023. The due date for quotes to be received is NLT than 12PM Eastern Daylight

Time, August 23, 2023. Send quotation via email to Chantey Bost at chantey.bost@usda.gov.

Thank you in advance and we look forward to reviewing your quotation/proposal.

Sincerely, Chantey Bost

Contract Specialist

Contract Management Division (CMD)

Food and Nutrition Services (FNS) mailto:chantey.bost@usda.gov

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1. GENERAL INFORMATION

1.0 The United States Department of Agriculture (USDA), Food and Nutrition Service (FNS), Child

Nutrition Programs (CNP) anticipates awarding a Firm-Fixed Price Contract for non-personal services under North American Industry Classification System (NAICS) Code: 722310 – Food

Service Contractor, and (NAICS) Code: 541430 – Graphic Design Services, for the project titled, “Recipe Revision and Standardization Project”, in accordance with the attached Performance Work

Statement (Attachment 1).

1.1 The Offeror shall provide all management, supervision, labor and equipment, planning, scheduling, and coordinating to ensure effective performance of all services and/or supplies as described in this RFQ.

1.2 Offeror shall ensure their representations, certifications, and other information on the System for Award Management (SAM) website are accurate and current at the time of quotation submission.

1.3 The resulting Contract will incorporate the Offeror’s completed pricing sheet (Attachment 2).

In addition, FNS requests that the Offeror include any available discounts which can be further added to its current Price List.

2. PERFORMANCE

The period of performance of this Contract is as follows:

Base: (Date of award) – through 12 months

Option Year One (1): (Date of Option Exercise) – through 12 months

Option Year Two (2): (Date of Option Exercise) – through 12 months

Option Year Three (3): (Date of Option Exercise) – through 12 months

Option Year Four (4): (Date of Option Exercise) – through 12 months

Place of Performance:

The work under this Contract shall be performed at the offeror’s facility.

3. CONTRACT ADMINISTRATION

Contracting Officer (CO): The CO for this effort is as follows:

Name: TBD

Email: TBD

Contract Specialist (CS): The CS for this effort is as follows:

Name: Chantey Bost

Email: chantey.bost@usda.gov

1.0 Contracting Officer (CO)

(a)The Contracting Officer is the only person authorized to approve changes in any of the requirements of the mailto:chase.lucas@usda.gov

4 | P a g e contract. This authority remains solely with the Contracting Officer. In the event the Offeror effects any change at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

(b) Only the Contracting Officer, Contract Specialist have the authority to contact the Offeror to discuss costs and/or technical requirements of the contract.

(c) Contact from other government employees could result in unauthorized commitments. Government representatives who are working on, or asked to work on, a particular contractual issue should inform and coordinate the activity with the Contracting Officer or COR. The COR must be a part of all contacts and meetings with the Offeror that pertain to scope or cost. Depending on the nature of the meeting, the COR must also give advance notification to the Contracting Officer or Contract Specialist. All contacts with the

Offeror must be documented and retained with the COR’s contract correspondence file.

As deemed appropriate, one copy must be forwarded to the Contracting Officer. Examples of documented contacts are providing technical direction, work plan instructions, deliverable rejection, potential changes to the Performance Based Work Statement or delivery schedule, costs and subcontractor or consultant recommendations.

(d) The Offeror shall designate one individual to be contacted during the period of the contract for handle contract administration in a prompt and timely manner:

Name: * Title: * Phone: * Email: *

*To be provided by Offeror

Contracting Officer's Representative (COR):

Name: TBD Any correspondence concerning technical matters shall be forwarded directly to the Contracting Officer’s Representative (COR), with copies to the CO and CS.

A COR will be given authority by the CO to monitor all technical aspects and assist in administration of the contract. The types of action within the purview of the COR are: to assure that the Offeror performs all the technical requirements of the contract; to perform or cause to be performed all inspections and acceptance necessary in connection with performance of the contract; and to maintain both written and oral communication with the Offeror concerning technical aspects of the requirements. The COR shall monitor the Offeror’s performance under the contract and notify the Offeror and the CO of any deficiencies observed, as well as to coordinate Government Furnished Property (if applicable) and to provide for site entry of Offeror personnel, if required.

Definitions:

“Contracting Officer’s Representative” – The Contracting Officer’s Representative (COR) is designated by the Contracting Officer, in writing, and is contract order specific. The COR is the technical representative for all technical requirements of the specific contract. “Contracting Officer” – The Contracting Officer (CO) is the exclusive agent of the Government with the authority to enter and administer contracts. Thus, the CO has the responsibility to see that all requirements of the law and regulation are followed. The CO is the only individual with authority to enter, administer, or terminate contracts. The CO ensures performance of all necessary actions for effecting contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships.

The COR is not authorized nor has authority to:

• Award, agree to, or sign any contract, delivery order or Contract. All contractual agreements, commitments, or modifications shall be made only by the CO.

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• Make any commitments or otherwise obligate the Government, or to make any changes to the contract.

• Grant deviations from or waive any of the terms and conditions of the contract.

• Impose or place a demand upon the Contractor to perform any task or permit any substitution not specifically provided for in the contract.

• Increase the dollar limit of the contract or authorize work beyond the dollar limit of the contract or authorize the expenditure of funds.

• Give direction to the Contractor or to the employees of the Contractor except as provided for in the contract.

• Change the period of performance.

• Authorize the purchase of equipment, except as required under the contract.

• Authorize the furnishing of Government property, except as required under the contract.

• Authorize subcontracting or the use of consultants.

• Approve shifts of funding between line items of the budget.

• Approve travel and relocation expense over and above that provided for in the contract.

• Authorize the use of overtime.

• When, in the opinion of the Contractor, the COR requests effort outside the existing scope of work, the Contractor shall promptly notify the contracting officer in writing. No action shall be taken by the Contractor under such direction until the contracting officer has issued a modification to the contract; or until the issue has been otherwise resolved.

INVOICE REQUIREMENTS

Submission of Invoices:

(a) Invoices shall be submitted in accordance with the “Authorized Payment Schedule” for each contract/task/order. The submission of an acceptable, progress update to the Government is a condition precedent to processing of the Offeror’s pay request for the monthly invoice.

To constitute a proper invoice, the invoice must include the following information and/or attached documentation:

1. Name and address of the business concern;

2. Invoice number and invoice date;

3. Contract number, Delivery Order number, Purchase Order number, Contract number, or other authorization for delivery of property or services actually delivered or rendered;

4. Description, unit price, extended price, and quantity of property and services actually delivered or rendered with supporting documentation (i.e., travel receipts, etc.).

5. Shipping and payment terms;

6. Name, title, phone number, and complete mailing address of responsible official to whom payment is to be sent;

7. A certification statement saying that the funds have only been used for work for this contract;

8. Name, title, phone number, and mailing address of person to notify in the event of a defective invoice;

9. Taxpayer Identification Number (TIN) or DUNS+4; and

10. Offerors MUST note FINAL INVOICE on the final invoice when submitted upon final delivery of all supplies/equipment or completion of the contract. USDA and the Invoice

Processing Platform (IPP) – http://www.ipp.gov/Offerors/index.htm.

The IPP is a government-wide secure web-based payment information service offered free of http://www.ipp.gov/Contractors/index.htm

6 | P a g e charge to government agencies and their suppliers by the U.S. Department of Treasury’s

Financial Management Service (FMS).

One-time enrollment in IPP means that you will receive a series of emails from Treasury services. The first email will have the IPP Logon ID and link to the IPP application. A second e-mail, containing the password will be sent within 24 hours. Once you receive these emails, please login to the IPP application and complete the registration process.

Benefits of registering with IPP include the ability for your company to create invoices directly from a contract award and submit them electronically.

The IPP Customer Support Desk is available to assist users Monday through Friday (excluding bank holidays) from 8:00AM - 6:00PM ET, including answering any questions related to accessing IPP or completing the registration process. Their toll-free number is 866-973-3131 or they can be reached at: IPPCustomerSupport@fms.treas.gov. If you have any questions or concerns, please contact the Controller Operations Division Help Desk at: 1-877-243-3072 or via email at: cod.help@usda.gov.

1. INSTRUCTIONS

FAR 52.212-1 Addendum

General

a. Any questions concerning this RFQ must be submitted via email to the Contract Specialist, Chantey Bost at chantey.bost@usda.gov by 12:00 PM EDT August 9, 2023. All (timely) questions received and responses to these questions will be provided to the Offeror via email. Offeror shall not direct any questions concerning this RFQ to anyone other than the

Contract Specialist.

b. This RFQ does not commit the Government to pay any costs incurred in the submission of any quotation or in making necessary studies for the preparation thereof. Nor does it commit the

Government to procure or contract for said services. The Contracting Officer is the only individual who can commit the Government to the expenditure of public funds in connection with this proposed procurement. Costs shall not be incurred by the recipients of the solicitation document in anticipation of receiving direct reimbursement from the Government. The

Government will not reimburse for quotation preparation. This solicitation and resulting award shall not cover charges for any items which are not specifically provided for by this solicitation.

Offerors are cautioned that if it provides services or supplies not specifically covered during the performance of any subsequent award, regardless of who requested them (including the COR), payment will not be made.

c. The Government will award a single Firm-Fixed-Price Contract with four 12-month option periods resulting from this RFQ to the Offeror if the quotation meets the

Government requirements after evaluation.

d. Offeror shall provide sufficient information for the Government to determine its level of confidence in the ability of the Offeror to perform the requirements of the solicitation based on an assessment of the Offeror’s technical capability information submitted in its quotation. Offeror shall submit a complete and acceptable quotation in accordance with the instructions contained herein. Such a quotation: (1) is for the total requirement and scope stated in the RFQ and (2) accepts each of the requirements, provisions, terms and conditions, and clauses stated in all sections of this RFQ. Alternate quotations will not be considered.

e. Quotation shall remain valid for a minimum of 90 calendar days from the deadline for receipt of quotation.

mailto:IPPCustomerSupport@fms.treas.gov mailto:cod.help@usda.gov

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1.1 Quotation Submission

a. Quotation submitted in response to this RFQ shall be formatted in accordance with the instructions provided in this section. The quotation must be received no later than

August 23, 2023, at 12:00 PM EASTERN.

b. In addition, the Offeror shall set forth any assumptions used in development of its pricing. Any exceptions taken to the terms and conditions of the RFQ shall be stated in the price quotation. For each exception, the Offeror shall identify the term or condition, state the reason for the exception, and provide any other information concerning the exception. The Government reserves the right not to accept any exceptions to this RFQ.

Quotations shall consist of three volumes, as follows:

Volume 1 – Technical Capability - Includes Technical Approach &

Management Approach

Volume 2 - Past Performance

Volume 3 - Price

TECHNICAL CAPABILITY (VOLUME 1) – NTE 20 Pages Total

1. The length of the technical capability volume shall not be more than 20 pages total. Offeror is encouraged to submit the fewest number of pages responsive to the Performance Work Statement requirements using the quotation section page limits as cited within this section. The Pricing information

SHALL NOT be included in the technical quote.

Quote shall be submitted via email with the solicitation number in the subject line. All files shall be compatible with Microsoft Office product(s) and/or Adobe software.

2. Cover Page (not to exceed 1 page) –

At a minimum, this page shall include the Offeror’s name, address, taxpayer ID number, CAGE code, unique Employer Identification Number; Offeror’s Point of Contact to include name, title, phone number, and email address; the solicitation number and date of submission. This page shall also include a quotation validity date of no less than 90 days.

3. Executive Summary (not to exceed 2 pages)

The Executive Summary shall provide a concise narrative summary of your technical quotation, highlighting any key or unique features.

4. Technical Capability (not to exceed 17 pages)

TECHNICAL AND MANAGEMENT APPROACH (VOLUME 1)

At a minimum, the following shall be addressed:

a. A description (in the Offeror’s own words) of the technical approach that satisfies the requirements of the

Performance Work Statement (PWS). This discussion shall clearly demonstrate the Offeror’s understanding for performing and managing the work, including the proposed methods to ensure that schedules are met, the methods for achieving the goals and objectives stated herein, and any other information (i.e., difficulties, uncertainties, and risks associated with the work) that may bear on your

8 | P a g e ability to perform the PWS requirements successfully. A simple repetition and/or paraphrasing of the requirements set forth in this solicitation is unlikely to provide for an adequate demonstration by prospective Offerors of a proper understanding of the scope of effort required and may be judged as insufficient for establishing technical capability.

b. The Offeror shall describe its management plan, clearly outlining how it plans to accomplish the requirements of the PWS. The narrative shall address the Offeror’s plan to provide a clear chain of responsibility, quality control plan, cost control method, contract administration, and retention of qualified personnel to fill vacant positions and maintain continuity of personnel throughout performance of the contract.

c. The Offeror shall include its organizational structure and its staffing plan, which clearly outlines staffing levels that align personnel by proposed labor category and staffing information to support the proposed level of effort. The staffing plan shall address how the Offeror will manage employee absenteeism as it relates to impact on operations and PWS requirements. The Offeror’s staffing plan shall specifically address the Offeror’s approach to staffing positions requiring appropriate security clearances and certification levels. The Offeror shall submit a resume (restricted to two (2) pages) for each Key Personnel which clearly indicates required qualifications, certifications, and experience, along with statements of availability and letters of commitment for Key Personnel.

NOTE: The Offeror must notify the Contracting Officer if, between the time of quotation submission and award, their proposed key personnel will be unavailable to perform under the contract post-award.

PAST PERFORMANCE (VOLUME 2)

Offerors must provide past performance information in accordance with the instructions and format provided in (ATTACHMENT 4). It is the Offeror’s responsibility to send the Past Performance

Questionnaire to its customers and direct the customer to submit the completed survey to Chantey

Bost at chantey.bost@usda.gov, no later than Friday, August 23, 2023, by 12:00 PM EASTERN.

Past Performance Surveys received after the due date will be deemed late and may not be considered.

Offerors shall provide examples of three (3) past projects performed within the past years (5) years to include Task Orders or Contracts for work of the same or similar to the requirements specified in the PWS, including timeliness and quality of services provided and brief descriptions of how the projects relate to this project and how the success of prior projects was determined. This list must include the contract number, value, description, and technical/contracting points of contact (POC’s).

The POC’s names, telephone numbers, agency and e-mail addresses must also be included. These past projects will be evaluated for relevancy to the scope and requirements of this PWS.

If the reference does not submit a past performance questionnaire, the reference will not be considered in the relevancy and evaluation of the Offerors past performance.

PRICE (VOLUME 3)

Offer must be made on all tasks. The total price shall include the unit price, quantity, discount terms, and the total price.

The price quotation shall include the following:

1. Your company’s Taxpayer Identification Number (TIN) and Dun & Bradstreet Number (DUNS).

Your company must have an active System for Award Management (SAM) registration.

2. Using Attachment 2, the Offeror shall list each labor category it proposes to use in performance

9 | P a g e of the PWS, indicate the fully burdened unit price (hourly rate) for each proposed labor category, and indicate the proposed number of hours for each labor category listed.

(End of FAR 52.212-1 Addendum)

2. ADDENDUM FAR 52.212-2 (EVALUATION)

BASIS OF AWARD:

Award shall be made to the responsible Offeror whose quote, in conforming to this Request for Quote, provides an overall best value to the Government. Technical factors and past performance when combined are more important than price. A single Firm-Fixed Price Contract with four 12-month option periods will be awarded to the offeror who is deemed responsible in accordance with FAR Part 9, as supplemented, whose quotation conforms to the solicitation’s requirements, (to include all stated terms, conditions, representations, certifications, and all other information required by the FAR 52.212-1 Addendum of this solicitation) and is judged, based on the evaluation factors to be the best value for the Government. CPARS and FAPIIS searches will be conducted to determine if the selected awardee is a responsible Offeror.

The Government reserves the right not to make an award as a result of this competition if, in the opinion of the Government, none of the submissions would provide satisfactory performance at a price that is considered fair and reasonable and/or economically feasible.

The Government may waive informalities and minor irregularities in quotes received.

The Government may select outside experts to aid in the review of the quotation.

EVALUATION FACTORS:

The Government reserves the right to incorporate any part of the awardee’s quotation, in part or whole, into the contract. If the Government elects to exercise this right, the Government will address with the awardee whether or not that aspect of the quotation needs to be protected due to being proprietary or a trade secret.

Evaluation Factors

Factor 1: Technical Capability (Technical and Management Approach)

Factor 2: Past Performance

Factor 3: Price

FACTOR 1 - TECHNICAL CAPABILITY (VOLUME 1)

The Government will evaluate the overall quality, reasonableness, and comprehensive understanding of the

Offeror’s technical and management approaches as to whether it includes a detailed narrative that clearly outlines the methodology for accomplishing the requirements of the PWS.

Technical & Management Approach

The Government will evaluate the technical approach as to how well it addresses accomplishment of PWS requirements and whether it clearly demonstrates the Offeror’s understanding for performing and managing the work; to include the proposed methods of ensuring schedules are met, goals and objectives are achieved, and any other information that may bear on the Offeror’s ability to successfully perform PWS requirements.

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The Offeror’s technical approach will be evaluated to ensure a clear and concise presentation of the technical approaches methodology to accomplish each area of concentration outlined in Attachment 1- Performance

Work Statement. The technical approach will be evaluated to determine if the Offeror’s offer reflects a substantive understanding of the scope, complexity and requirements associated with the objectives described in the PWS. The proposal will also be evaluated to determine if the Offeror’s technical approach has sufficient details to indicate a technical understanding of, and capability for, performing all the aspect of the PWS.

The following ratings will be applied to Offeror's Technical & Management evaluation:

Rating Definition

Highly Acceptable (HA) The Offerors' quotation exceeded the stated requirements outlined in the PWS.

Acceptable (A) The Offerors’ quotation met the stated requirements outlined in the PWS.

Unacceptable (UA) The Offerors’ quotation did not meet the stated

Requirements

FACTOR 2 – PAST PERFORMANCE (VOLUME 2)

The Government will review the Offeror’s submitted past performance information for work that was performed within the last five years or is ongoing for relevancy to this requirement based on similar size/scope and complexity.

The offeror shall be rated in Past Performance on the probability of meeting the solicitation requirements based on the offeror’s demonstrated record of recent and relevant quality work performance in meeting contract requirements. Based on an integrated assessment of recent, relevancy and quality of work, the Government will assign an overall past performance rating as follows:

FACTOR 3 – PRICE (VOLUME 3)

To be considered for award, the Offeror shall submit prices which comply with the requirements set forth in the FAR 52.212-1 Addendum above. Offerors who fail to comply with these requirements will receive no further consideration and may be eliminated.

For price evaluation purposes, the Government will calculate the total evaluated price (which includes any offered discounts) for the Offeror by adding the total price for the period of performance. The

Government will evaluate the Offeror’s quoted prices to assess the reasonableness of the total evaluated price to perform all services. The Government may require submission of information other than cost or pricing data to the extent necessary to evaluate price reasonableness.

The primary criteria evaluated on an Offeror’s price proposal is the discount provided in pricing. The

Rating Definition

Acceptable Based on the Offeror’s recent/relevant/quality performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort.

Unacceptable Based on the Offeror’s recent/relevant/quality performance record, the Government has no reasonable expectation that the Offeror will successfully perform the required effort.

Neutral No recent/relevant/quality performance record is available, or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reassigned.

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Offeror’s price quote shall be evaluated to determine if the firm-fixed price proposed for each labor category is fair and reasonable for the base and all options periods. The Government may use various price analysis techniques and procedures to determine fair and reasonableness as follows:

• Comparison of proposed prices received in response to the solicitation.

• Comparison of previously proposed prices and contract prices with current proposed prices for the same or similar end items or services if both the validity of the comparison and the reasonableness of the previous prices can be established.

• Comparison of proposed prices with the Independent Government Cost Estimate.

• Comparison of proposed prices with prices obtained through market research for the same or similar items or services.

Options. The Government will evaluate Offerors for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an Offeror is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the

Government to exercise the option(s).

(End of FAR 52.212-2 Addendum)

3. PROVISIONS AND CLAUSES

FAR 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

The following clause(s) are incorporated by reference:

FAR No. Clauses and Provisions Date

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

(Sep 2007)

52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015)

52.204-7 System for Award Management (Oct 2018)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-13 System for Award Management Maintenance (Oct 2016)

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

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

52.204-19 52.204-19 Incorporation by Reference of Representations and Certifications.

(Dec 2014)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

(Jun 2016)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

(Jul 2018)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

(Aug 2020)

52.204-25 Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

(Aug 2020)

52.204-26 Covered telecommunications Equipment or Services-- Representation

(Dec 2019)

52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

(Jun 2020) http://www.acquisition.gov/

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52.209-7 Information Regarding Responsibility Matters (Oct 2018)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018)

52.212-1 Instructions to Offerors-Commercial Items (Mar 2020)

52.212-3 Offeror Representations and Certifications-Commercial Items

(Mar 2020)

52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items

(Mar 2020)

52.219-6 Notice of Total Small Business Set-Aside. (Nov 2020)

52.222-3 Convict Labor (Jun 2003)

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Sep 2016)

52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014)

52.222-37 Employment Reports on Veterans (Jun 2020)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010)

52.222-50 Combating Trafficking in Persons (Jan 2019)

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

(Aug 2011)

52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran- Representation and Certifications

(Aug 2018)

52.227-14 Rights In Data- General (May 2014)

52.232-33 Payment by Electronic Funds Transfer-System for Award Management

(Oct 2018)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.237-3 Continuity of Services (Jan 1991)

52.237-10 Identification of Uncompensated Overtime (Mar 2015)

52.239-1 Privacy or Security Safeguards (Aug 1996)

52.245-1 Government Property (SEP 2021)

FAR 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 hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Offeror within 30 days before the Call Order expiration.

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Offeror within one (1) day;

provided that the Government gives the Offeror a preliminary written notice of its intent to extend at least seven

(7) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed

12 months.

FAR Subpart 7.5 – INHERENTLY GOVERNMENTAL FUNCTIONS

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Pursuant to FAR 7.503, the Offeror shall not perform any inherently Governmental functions under this contract. No Offeror employee shall hold him or herself out to be a Government employee, agent, or representative. No Offeror employee shall state orally or in at any time that he or she is acting on behalf of the Government. In all communications with third parties writing in connection with this contract, Offeror employees shall identify themselves as Offeror employees and specify the name of the company for which they work.”

FAR Subpart 37.1 SERVICE CONTRACTING

Consistent with FAR 37.104, no personal services shall be performed under this contract. All performance requirements shall flow only from the COR to the Offeror's Project Manager or Section

Leads. No Offeror employee will be directly supervised by the Government. All individual Offeror employee assignments, and daily work direction, shall be given by the applicable Offeror employee supervisor. If the Offeror believes any Government action or communication has been given that would create a personal services relationship between the Government and any Offeror employee, the Offeror shall promptly notify the Contracting Officer.

The following Department of Agriculture Acquisition Regulations (AGAR) are in full text:

AGAR 452.204-70 INQUIRIES (FEB 1988)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

AGAR 452.216-74 CEILING PRICE (FEB 1988)

The ceiling price of this contract is $ *. The Offeror shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Offeror's own risk.

AGAR 452.224-70 CONFIDENTIALTY OF INFORMATION (FEB 1988)

(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 Offeror may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Offeror or that the Offeror is expected to generate which is confidential. Similarly, the contracting Officer and the Offeror 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 Offeror 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

14 | P a g 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

Offeror'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 Offeror may proceed with disclosure. Disagreements not resolved by the Offeror and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Offeror 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 Offeror 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.

AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Offeror shall assign to this contract the following key personnel:

Position / Labor Category

Determined by Offeror

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

The Offeror 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 Offeror shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Offeror 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 Offeror 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.

AGAR 452.237-75 RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

(a) The Offeror 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

Offeror also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Offeror's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Offeror agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Offeror determines or has reason to suspect a breach of this requirement.

(b) The Offeror 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 Offeror agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

AGAR 452.237-76 Progress Reporting (FEB 1988)

15 | P a g

The Offeror shall submit a progress report monthly, covering work accomplished during that period of the contract performance. The progress report shall be brief and factual and shall be prepared in accordance with the following format:

(a) A cover page containing:

(1) Contract number and title;

(2) Type of report, sequence number of report, and period of performance being reported;

(3) Offeror's name and address;

(4) Author(s); and

(5) Date of report.

(b) SECTION I - An introduction covering the purpose and scope of the contract effort. This shall be limited to one paragraph in all but the first and final month's narrative.

(c) SECTION II - A description of overall progress plus a separate description of each task or other logical segment of work on which effort was expended during the report period. The description shall include pertinent data and/or graphs in sufficient detail to explain any significant results achieved.

(d) SECTION III - A description of current technical or substantive performance, and any problem(s) which may impede performance along with proposed corrective action.

(e) SECTION IV - A planning schedule shall be included with the first progress report for all assigned tasks required under the contract, along with the estimated starting and completion dates for each task. The planning schedule shall be updated and submitted with each subsequent technical progress report, including an explanation of any difference between actual progress and planned progress, why the differences have occurred, and--if behind planned progress--what corrective steps are planned.

(f) SECTION V - If applicable, financial information shall be submitted for each major task or line-item cost.

Data shall include:

(1) The total estimated cost budgeted (fee excluded).

(2) The estimated cost expended during the current reporting period.

(3) Identification of direct labor hours of prime contractor and subcontractor(s) and/or consultant(s), if applicable.

(4) Total project to-date expenditures.

(5) Total remaining funds.

4. SPECIAL REQUIREMENTS

Personal Identity Verification of Offeror Employees

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

(b) Should the USDA Directives 4620-002 require the exclusion of an Offeror's employee, the

Contracting Officer will notify the Offeror in writing.

(c) The Offeror must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 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 Offeror. Offeror employees may be barred by the Government from performance of work should they be found ineligible

16 | P a g 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 Offeror 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

Offeror identity information from * (hours and days) to * (hours and days) at * (office address for registration). The Government will notify the Offeror if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the Offeror's responsibility to meet all aspects of paragraphs (c), (d), and (e).

Quality Assurance:

The Government will evaluate the Offeror’s performance under this contract in accordance with the

Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Offeror has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

Security:

The Offeror shall be responsible for properly protecting all information used, gathered, or developed as a result of this contract. The Offeror shall implement procedures that ensure appropriate administrative, technical, and physical safeguards are established for the security and confidentiality of government information, data, and/or equipment. The Offeror’s procedures shall be consistent with Government, OMB

Circular A-130, Management of Federal Information Resources, the Computer Security Act of 1987, the

Federal Information Security Management Act of 2002 (FISMA), and the Privacy Act. In addition, during all activities and operations on government premises, the Offeror shall comply with the policies, rules, procedures, and regulations governing the conduct of personnel or protection of government facilities and data as expressed by USDA, written or oral.

Sensitive Information Storage and Disclosure

Sensitive-but-Unclassified (SBU) information, data, and/or equipment will be disclosed only to authorize personnel on a Need-To-Know basis. The holder shall ensure that appropriate administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, and/or equipment is properly protected. When no longer required, this information, data, and/or equipment will be returned to Government control; destroyed; or held until otherwise directed. Destruction of items shall be accomplished by tearing into small parts; burning; shredding or any other method that precludes the reconstruction of the material, consistent with GWAC guidelines.

Protection of Information

All information about the USDA networks and/or the security posture of any USDA information asset gathered or created under this contract will be considered SBU information. It is anticipated that this information will be gathered, created, and stored within the primary work location. If the Offeror personnel must remove any information from the primary work area, they should protect it to the same extent they

17 | P a g would their proprietary data and/or company trade secrets. If the Offeror must remove any materials from the primary work location, prior approval must be obtained from the COR.

Security and Privacy

The use of any information that is subject to the Privacy Act will be utilized in full accordance with all rules of conduct as applicable to Privacy Act Information.

Security Classification

The preparation of the deliverables under this contract will be completed at a Sensitive-But-Unclassified

(SBU) level unless otherwise stated, in writing, by the COR.

Special Requirements

All work performed must meet and comply with all National Institute of Standards & Technology (NIST), other government-wide laws and regulations, and USDA and OCIO (Office of the Chief Information Officer) directives, guidelines, and requirements for protection and security of Information Technology. Such directives and guidelines include, but are not limited to:

• Computer Security Act of 1987

• Federal Information Security Management Act (FISMA)

• OMB Circular A-130, Management of Federal Information Resources

• Presidential Directive Decision 63, Critical Infrastructure Protection (CIP)

• Presidential Directive Decision 67, Enduring Constitutional Government and Continuity of

Government Operations

• Homeland Security Presidential Directive 7

• NIST’s Guide for Developing Security Plans for Information Technology Systems (Special

Publication 800-18)

• U.S. Government “Plain Language” Guidelines

• http://www.ocio.usda.gov/directives/files/dm/DM3535-000.htm

Confidentiality and non-Disclosure

The Offeror may have to access proprietary information and shall be required to sign non-disclosure and conflict of interest statements. The preliminary and final deliverables and all associated working papers, and other material deemed relevant by the agency that have been generated by the Offeror are the property of the

U.S. Government and…