Combined Synopsis 1240BF21Q0083 Cordova Trail Brushing.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; OFFERS

ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED.

The Combined Synopsis/Solicitation number is 1240BF21Q0083 and is issued as a Request for Quote (RFQ).

This combined synopsis/solicitation incorporates provisions and clauses for commercial items in effect through Federal Acquisition Circular 2021-06 effective July 12, 2021.

The NAICS Code is 115310 with a size standard of $8M.

This procurement is 100% set aside for small business.

The U.S. Forest Service in Anchorage, Alaska intends to award a firm-fixed price Contract for a non-personal services contract to clear vegetative growth and brush located along approximately 8.5 miles (base item, and an additional 5.5 miles option item) of trail on the Cordova Ranger District, Chugach National Forest.

See Attachment 1 for the schedule of items.

Service period of performance (POP) will be a 12-months. Tentative POP:

a. Base Items 1 shall be: 20 September 2021 through 19 December 2022.

b. Option item 2 may be: 20 September 2021 through 19 December 2022.

FAR 52.212-1 Instructions to Offerors—Commercial Items (Jul 2021) ADDENDUM TO FAR 52.212-1 Instructions to Offerors – Commercial Items

1. SOLICITATION/OFFEROR REQUIREMENTS

a. OFFER SUBMISSION

(1) Offers shall consist of three volumes. The volumes/sections shall include the following:

Volume/Section Content Number of Hard or Digital Copies (CD/ DVD ROM/Email)

Page Limit

I.

General/Technical Capability 1 20

II.

Past Performance 1 N/A

III. Price/Bid Sheet 1

N/A

(2) The offer shall be submitted to the below email address.

raymond.padgett@usda.gov

(3) The Contracting Officer (CO), Raymond Padgett, is the points of contact (POC) for this acquisition.

(4) Address all questions or concerns you may have to the CO. Please identify the applicable performance work statement (PWS) paragraph number or solicitation reference with each question. All questions regarding this solicitation shall be submitted in writing via email to:

raymond.padgett@usda.gov

Questions shall be submitted no later than 5 p.m. Alaska Time on 09 September 2021. Responses to questions will be posted within three (3) business days of questions submission due date.

Offers shall be submitted no later than 12 p.m. Alaska Time 15 September 2021

(5) The hardcopy/digital submission is considered the official offer. If there are any discrepancies between submitted offers the original offer submitted version will take precedence.

(6) Delivery Instructions. Any of the below mentioned methods of delivery is allowed, however, your offer must be received no later than

The Digital email volumes shall be submitted in one email with separate labeled documents. The email shall be marked as below:

(1) Email Title: Solicitation number (1240BF21Q0083)

(2) Content’s title

(3) Offeror’s name

(4) Offer email and all electronic documents shall be marked “SOURCE

SELECTION SENSITIVE”

b. GENERAL INSTRUCTIONS

(1) The selection of a source for award purposes will be conducted utilizing simplified acquisition procedures as delineated in FAR Part 13.106-2, Evaluations of Quotations or Offers. Offers will be evaluated using the criteria under addendum to 52.212-2, “Evaluation – Commercial Items.”

(2) It is the Government’s intention to award without discussions, however the Government retains the right to conduct discussion if needed. Offerors are encouraged to present their best technical offer and prices in their initial offer mailto:raymond.padgett@usda.gov mailto:raymond.padgett@usda.gov submission. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(3) In accordance with FAR Subpart 4.8 Government Contract Files, the Government will retain one copy of all unsuccessful offers. Unless the offeror requests otherwise, the Government will destroy extra copies of such unsuccessful offers.

(4) If an offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the offeror shall immediately notify the CO in writing with supporting rationale. The offeror is reminded that the Government reserves the right to award this effort based on the initial offer, as received, without clarifications.

(5) All referenced documents for this solicitation are available on the Federal System for Award Management (SAM) web site at http://www.sam.gov. Potential offerors are encouraged to subscribe for real-time e-mail notifications when information has been posted to the website for this solicitation.

c. OFFER PREPARATION INSTRUCTIONS

(1) Offer Limitation. The Government will not accept any changes to the contractor’s offer after the closing date of the solicitation. If clarifications become necessary, page limitations may be placed on responses. The specified page limits for responses will be identified in the letters forwarding the items of clarification to the offerors.

(2) Page Limit Includes: All appendices, charts, graphs, diagrams, tables, photographs, drawings, etc.

(3) Page Limit does not include covers for volumes, tables of contents, glossary of abbreviations and acronyms, indices, title pages, cross reference indices, and section dividers/tables if they are inserted solely to provide ease to the reader in locating parts/sections of the offer. They will be counted if they contain any other information, i.e., diagrams, extraneous data, etc. Pages marked “This page intentionally left blank” will not be counted. Pages that exceed the page limit will not be reviewed.

(4) Offer Content

(a) Volume/Section I –GENERAL/TECHNICAL CAPABILITY. Volume I shall contain the accurate, fully completed, and signed original of all documents requiring signatures of the offeror. Volume I shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims in the Offer. Legibility, clarity and coherence are very http://www.sam.gov/ important. Offers will be evaluated in accordance with the addendum to FAR 52.212-2, Evaluation- Commercial Items. The General/Technical Capability Volume/Section shall be organized and contain the identified information as applicable.

- Table of Contents

- Exceptions/Assumptions (Identification and explanation of any exceptions or deviations). Additionally, identify any assumptions used in preparing the offer.

- Evaluation Criteria (Factors and Sub-factors)

- A Brief description of the company’s profile and the type of work/expertise organic to the company and its sub-contracting associates, if any, and their expertise.

- Exceptions/Assumptions (if required) - Identification and explanation of any exceptions or deviations. Additionally, any assumptions used in the offer preparation must be identified.

- The offeror shall provide the name, title, company DUNS and telephone number of the company/division point of contact regarding decisions made with respect to your offer and who can obligate your company contractually.

- Representations, Certifications, and Other Statements of Offerors– The offeror shall ensure that Representations, Certifications, and Other Statements of Offerors are submitted thoroughly completed with all blocks in each certification/representation completed truthfully and completely.

This requirement shall be fulfilled using the System for Award Management (SAM’s) website, https://sam.gov/content/home.

- The offer shall provide convincing rationale to address how the offeror intends to meet performance work statement (PWS) requirements.

Offerors shall assume that the Government has no prior knowledge of their facilities or experience and will base its evaluation on the information presented in the offer. Elaborate brochures or documentation, binding, detailed art work or other embellishments are unnecessary and are not desired.

(c) Volume/Section II - PAST PERFORMANCE. The Past Performance evaluation will be accomplished by reviewing aspects of an Offeror's recent and relevant Past Performance, focusing on and targeting performance which is relevant to the effort as it directly relates to the work being procured under this solicitation and as defined in Addendum to FAR 52.212-2 Evaluation – Commercial Items.

https://sam.gov/content/home

Past Performance information described herein is required on the offeror and all subcontractors, teaming partners, and/or joint venture partners proposed to perform 15% of the proposed effort based on the total proposed price.

a. The offeror shall include documentation regarding their relevant past performance as it directly relates to the work being procured under this solicitation. The offeror SHALL NOT go back any farther than 3 years for the submitted data. The past performance data shall document a successful history of past contract performance.

b. In conducting the Past Performance evaluation, the Government reserves the right to use both the information provided in the offeror’s Past Performance Volume and information obtained from other sources, such as the Past Performance Information Retrieval System (PPIRS) or similar systems, The Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov, Defense Contract Management Agency (DCMA) and commercial sources. Offerors are reminded that both independent data and data provided by offerors in their offers may be used by the Government to evaluate offeror past performance. However, the burden of providing thorough, complete, and current past performance information as requested in this paragraph remains with the offerors.

Offers that do not contain the information requested by this paragraph risk receiving an unacceptable performance rating by the Government. The overall past performance evaluation is a subjective decision based on the whole of all data received. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

c. Submission Requirements. The offeror shall provide documentation outlining the offeror’s past performance with contracts, as a prime or major subcontractor, which is the same or similar in nature, size, and complexity to the services being procured under this Solicitation. The submittal shall include rationale supporting your assertion of relevance and how it was determined that the work performed previously was the same or similar in nature, size, and complexity to the work specified by this solicitation.

(d) Volume/Section III – PRICE. The offeror shall complete the bid sheet on Attachment 2 to the solicitation.

The Government reserves the right to require the submission of Other Than Certified Cost or Pricing Data as is deemed necessary to arrive at a fair and reasonable price.

https://www.cpars.gov/

52.212-2 -- Evaluation -- Commercial Items. (Oct 2014)

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

(a) Factors.

1. FACTOR I – GENERAL/TECHNICAL CAPABILITY

2. FACTOR II – PAST PERFORMANCE

3. FACTOR III - PRICE

(b) Options. The Government will evaluate offers 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 offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

ADDENDUM TO 52.212-2 EVALUATION – Commercial Items

1. BASIS FOR AWARD AND EVALUATION CRITERIA

A. BASIS FOR CONTRACT AWARD

(1) This is a best value source selection conducted in accordance with Federal Acquisition Regulation (FAR) PART 12, Acquisition of Commercial Items and FAR PART 13.5, Simplified Procedures for Certain Commercial Items. Award will be made to a single offeror who is deemed responsible in accordance with the FAR, whose offer conforms to the solicitation requirements, and whose offer, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, is the most advantageous to the Government.

(2) The government reserves the right to conduct a price realism analysis at any point during the evaluation process. The Government will evaluate prices for reasonableness using adequate competition and price analysis techniques.

2. AWARD FOR ALL THE WORK. The Government intends to award a single contract as a result of this solicitation.

3. EVALUATION CRITERIA.

a. Evaluation criteria consist of factors and sub-factors. The offers will be evaluated under three evaluation factors and three sub-factors.

1. FACTOR I – GENERAL/TECHINCAL CAPABILITY

a. Sub-Factor 1: Initial proposed equipment listing

b. Sub-Factor 2: Purposed Work Timeline

c. Sub-Factor 2: Covid 19 response plan

2. FACTOR II - PAST PERFORMANCE

3. FACTOR III - PRICE

b. Factor 1: General/Technical Capability. Factor 1 will be evaluated based on the technical merits stated below. The evaluation method for making this determination on technical merit is set out below.

1. Sub-Factor 1: Initial proposed equipment listing: - To be determined acceptable the offeror shall:

a. Provide a list of proposed equipment to perform the tasks outlined in the attached PWS.

b. Provide a list of items in offerors OSHA approved petroleum spill response kit.

2. Sub-Factor 2: Purposed Work Timeline - To be determined acceptable the offeror shall:

a. Provide a purposed work timeline outlining your sequence of work events and start to finish timeline.

3. Sub-Factor 3: Covid 19 response plan - To be determined acceptable the offeror shall:

a. Describe in detail monitoring and if needed response plan in case of a Covid 19 positive workforce member.

b. Describe in detail the how the plan will meet federal, State and Local government regulations and policies.

3. Each general/technical capability sub-factor will receive one of the adjectival ratings defined below. To receive an acceptable rating for this factor, all sub-factors must be rated acceptable.

Table A-1. Technically Acceptable/Unacceptable Ratings Rating Description Acceptable Offer clearly meets the minimum requirements of the solicitation.

Unacceptable Offer does not clearly meet the minimum requirements of the solicitation.

c. Factor 2: Past Performance: The Past Performance evaluation will assess the relative risks associated with an offeror’s likelihood of success in performing the solicitation’s requirements as indicated by that offeror’s record of past performance. Performance risk is assessed at the factor level after evaluating aspects of the offeror’s recent past performance and focusing on performance that is relevant to the services being procured under this solicitation. Past performance areas of evaluation include:

- Quality of Service

- Timeliness of Performance

- Business Practices

- Customer Satisfaction

- Personnel

- Experience working in remote Alaskan communities, including communities not on the road system

1. Recency Assessment. An assessment of the past performance information will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past three (3) years from the date of issuance of this solicitation. Past performance information that fails this condition will not be evaluated.

2. Relevancy Assessment. To be relevant, the effort must be of similar nature in work, size, magnitude, complexity, and scope. The Government will conduct an in-depth evaluation of all recent performance information obtained to determine if it is the same or similar in nature, size, and complexity to the services/products being procured under this solicitation.

3. Assigning Ratings. The Past Performance Factor will be assigned one of the ratings defined below. An award will not be made to any offeror who receives an “Unacceptable” past performance rating.

4.

Offerors without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, will not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

d. Factor 3: Price. Price is not formally scored but is the primary evaluation factor for determining award. The government expects competitive offers to be submitted for this procurement and will use these competitive offers to determine price reasonableness. If competitive offers are not received, the Government reserves the right to utilize other methods identified in the FAR to determine price reasonableness.

(1) Completeness. Each offeror is required to provide complete pricing for each contract line identified.

(2) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.

Evaluation of options shall not obligate the Government to exercise the options(s).

(3) The Government will evaluate the option contained in clause 52.217-8

– Option to Extend Services by adding to the total price one half the amount of the final year's option price (base year if no options).

Evaluation of this option shall not obligate the Government to exercise this option. The offeror shall not include pricing for this option period on their offer.

(4) The Government will evaluate the option contained in clause 52.217-5, Evaluation of Options by adding the total price of the base plus option item(s). Evaluation of this option shall not obligate the Government to exercise this option.

Table A-2. Past Performance Evaluation Ratings Rating Description Acceptable Based on the offeror’s performance record, the

Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

e. Definitions.

Reasonableness. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business.

Completeness/Accuracy. The offeror is in compliance with the Price Volume instructions in the solicitation.

Contract Clauses and Provisions

The following clauses apply to this acquisition:

This acquisition 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:

1. http://acquisition.gov/comp/far/index.html.

FAR and AGAR CLAUSES:

Clauses Incorporated by reference:

FAR 52.204-13, System for Award Management Maintenance (OCT 2018) FAR 52.204-18, Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-19, Incorporation by Reference of Representations and Certifications (Dec 2014) FAR 52.212-4, Contract Terms and Conditions – Commercial Items (OCT 2018) Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in

DEVIATION 2017-1 (AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

http://acquisition.gov/comp/far/index.html

Clauses by Full Text

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Jul 2021) (DEVIATION Jul 2020)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282)( 31 U.S.C. 6101 note).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

X(14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

X (35) (i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C.

chapter 78 and E.O. 13627).

X(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

X (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021)(41 U.S.C. chapter 83,19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, [19 U.S.C. chapter 29 (sections 4501- 4732),]Pub. L. 103-182, 108-77, 108-78,108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018)(31 U.S.C. 3332).

X (60) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION APR 2020) (31 U.S.C. 3903 and 10 U.S.C. 2307).

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

X (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C.

chapter67).

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

X (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C.

4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020)

(29 U.S.C. 793).

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

4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (DEC 2010) (E.O. 13496).Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C.

chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O.

12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

FAR 52.217-5, Evaluation of Options (July 1990)

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 Contractor within 10 days of contract expiration.

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):

http://acquisition.gov/comp/far/index.html.

FAR 52.252-6, Authorized Deviations in Clauses (Nov 2020)

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

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

FAR and AGAR PROVISIONS:

Provisions Incorporated by reference:

FAR 52.204-7, System for Award Management (OCT 2018) FAR 52.204-16, Commercial and Government Entity Code Reporting (AUG 2020) FAR 52.212-1, Instructions to Offerors -- Commercial Items, (JUL 2021) FAR 52.212-2, Evaluation—Commercial Items, (OCT 2014) FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items. (FEB 2021) FAR 52.217-5, Evaluation of Options. (July 1990) FAR 52.222-22, Previous Contracts and Compliance Reports (Feb 1999) http://acquisition.gov/comp/far/index.html

FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications, (JUN 2020) AGAR 452.204-70, Inquires (FEB 1988)

Provisions by Full Text:

FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998)

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

http://acquisition.gov/comp/far/index.html Deviations to provisions may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

FAR 52.252-5, Authorized Deviations in Provisions (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter

1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

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

SOLICITATION ATTACHMENTS

Attachment 1 - Performance Work Statement (PWS)

Attachment 2 - CLIN Structure/Bid Sheet Attachment 3 - Wage Determination http://acquisition.gov/comp/far/index.html https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm