Combined Synopsis - Scott Valley Pasture Rental and Hay Purchase.pdf

Solicitation Number: 127EAY25Q0017

Contents Schedule of Items

52.212-1 Instructions to Quoters – Commercial Products and Commercial Services

52.212-2 Evaluation – Commercial Products and Commercial Services

Representations and Certifications

Statement of Work

Scope of Work:

Period of Performance:

Contractor Requirements:

Government Furnished:

Evaluation Factors:

Date, Time, and Place Quotes are due

Government Point of Contact

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued as a Request for Quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-02.

(iv) This procurement is set aside for Total Small Business.

NAICS Code is 531190 Grazing land rental or leasing.

Small Business Size Standard is $34.0 million.

Product/Service Code is X1JZ Lease/Rental of Miscellaneous Buildings.

(v) Schedule of Items/Price Schedule

Schedule of Items

Project Description: Scott Valley Pasture Rental and Hay Purchase

Vendor Name: __________________________________

Vendor UEI: ___________________

Item Supplies/Services Qty Unit of Issue Price Per Unit

Total Price

0001 Pasture Rental for Pack Stock 12 Months $ $ *Optional Line Items *0002 Grass Hay (Bales) 1,200 EA $

Total Price $

Schedule Notes:

a) Please see the Statement of Work section within this solicitation document for the specific requirements pertaining to each of the above items.

b) Items labeled as optional are not required to be exercised by the government. If exercised, the contractor will be required to perform the optional work in accordance with the terms and conditions of this contract.

c) b) One award will be made from this solicitation, contractors must submit pricing for all items.

(vi) Description of Requirement (including a list of any attachments) Provide exclusive pasture and holding space for an estimated 25 head of FS stock for a 12-month period. Contractor shall provide stock access to feed, shelter, salt, and fresh water. Fencing shall be adequate to safely contain stock, and fenced area shall be free of hazards to stock.

Shelter may include topographic features or trees which provide adequate coverage for stock from natural elements including wind, rain, snow, and sun. Contractor shall always provide stock access to an adequate and reliable water source. FS shall monitor available forage and feed stock from purchased hay supply when available forage is insufficient.

List of Attachments:

Wage Determination - 11 Pages

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location Period of Performance: 04/17/2025 - 04/16/2026.

Location:

Pasture site shall be no more than 30 miles from the following facilities: Ft Jones District Office, the USFS Robinson pasture facility, and area trailheads as a factor in determining adequacy.

(viii) 52.212-1 Instructions to Quoters – Commercial Products and Commercial Services (SEP 2023) (Provision)

Addenda to provision 52.212-1:

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

1) Quoters must have an active entity registration in the System for Award Management in order to submit a quote. https://www.sam.gov/SAM/

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

a) Technical Proposal – The technical proposal shall address the evaluation factors in 52.212-2. At a minimum technical proposal shall include:

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

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

ii) Technical Capability – Provide a list of equipment and key personnel (with qualifications) that will be used to complete this project. The narrative response to the technical capability should be in as much detail as the quoter considers necessary to fully explain their proposed technical approach or method. The technical capability should reflect a clear understanding of the nature of the work being undertaken and an understanding of the acceptable quality level.

b) Price Proposal – Include the following: 1) the completed Schedule of Items from Section B of this solicitation, and 2) acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment(s).

c) Representations and Certifications – Fill in the check boxes for provisions 52.204-24 and 52.212-3, and Employment of Eligible Workers-Workforce Certification found in paragraph x of this solicitation and include a copy with your quote.

3) Submit quote by email to Jasmine.Williams@usda.gov so that it is delivered into this inbox by the due date and time. Please ensure that the solicitation name and number is in the subject line of the email. Emails should contain three separate attachments (Technical Proposal, Price Proposal, and Representations and Certifications) in Microsoft Word, Microsoft Excel, or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the quoters responsibility to confirm receipt of the quote from Jasmine Williams.

4) Address all questions about this solicitation to Jasmine Williams at Jasmine.Williams@usda.gov.

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

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

1. Price

2. Technical Capability: Technical capability is a measure of the degree to which the vendor presents their understanding of the requirements and the challenges of this project as well as their ability to mitigate those challenges and complete the project as specified.

The narrative response to the technical capability should be in as much detail as the quoter considers necessary to fully explain their proposed technical approach or method. The technical capability should reflect a clear understanding of the nature of the work being undertaken and an understanding of the acceptable quality level.

3. Relevant Past Performance: Past performance is a measure of the degree to which a vendor, as an organization, has satisfied its customers, and complied with federal, state, and local laws and regulations. The Government may inquire about the following elements, which are all of equal importance in relation to each other, (1) quality of the work; (2) customer satisfaction; (3) timeliness of the Firm during performance and the final completion of the project; and (4) overall business relations.

The Government will award a contract resulting from this solicitation to the responsible, responsive Quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

(1) The Government will determine responsibility by analyzing whether the apparent successful Quoter complies with the requirements of FAR 9.1 including:

(i) Have adequate financial resources to perform the contract, or the ability to obtain them;

(ii) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments.

(iii) Have a satisfactory performance record. A prospective contractor shall not be determined responsible or non-responsible solely on the basis of a lack of relevant performance history;

(iv) Have a satisfactory record of integrity and business ethics;

(v) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors).

(vi) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

(vii) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

(2) To be determined responsive, a responsive quote must comply in all material respects with the solicitation. Examples of solicitation requirements that could determine responsiveness include:

(i) acknowledgement of amendments (if any);

(ii) completed representations and certifications; and

(iii) Quoters not furnishing prices for each item listed in the Schedule requiring a unit price. If the quoter fails to insert a unit price in the appropriate blank for required item(s), but does furnish an extended total, or an estimated amount for such item(s), the Government shall deem the unit price to be the quotient obtained by dividing the extended amount for that line item by the quantity. Should any mathematical check made by the Government show a mistake in the extended amount quoted the corrected unit price extension shall govern. If a quoter omits both the unit price and the extended amount or estimated amount for any item, its quote shall be declared nonresponsive and therefore ineligible for award. Pricing shall be submitted for all items.

(3) The following factors will be used to evaluate quotes:

(i) Price Factor: The Government intends to assess price to determine realism and reasonableness (reflective of the Quoters understanding of the work and ability to perform the work).

In supplying a quote, the quoter shall complete and return the Standard Form 1449 (Boxes 17, 23, 24, & 30. Box 12 is optional).

(ii) Technical Capability: Quoters shall respond to this factor in a format of the quoters choosing.

Technical Capability: Technical capability is a measure of the degree to which the vendor presents their understanding of the requirements and the challenges of this project as well as their ability to mitigate those challenges and complete the project as specified.

The narrative response to the technical capability should be in as much detail as the quoter considers necessary to fully explain their proposed technical approach or method. The technical capability should reflect a clear understanding of the nature of the work being undertaken and an understanding of the acceptable quality level. The narrative need not be lengthy but shall at a minimum address the following information:

1) Location and Access - Contractor shall provide address and description of property

2) Pasture Characteristics

3) Holding Space Characteristics

4) Water and shelter source(s) and access

5) Hay storage

6) Supplemental Feed Quality and Quantity

Relevant Past Performance. Past performance is a measure of the degree to which a vendor, as an organization, has satisfied its customers, and complied with federal, state, and local laws and regulations. The Government may inquire about the following elements, which are all of equal importance in relation to each other, (1) quality of the work; (2) customer satisfaction; (3) timeliness of the Firm during performance and the final completion of the project; and (4) overall business relations.

Performance information for their firm and any proposed major subcontractors performing more than 20% of the work shall be submitted with a minimum of three references within the last three years.

Include the following information for each reference:

1. Reference name

2. Company or organization

3. Current telephone number

4. Project name or contract number

5. Project Size in dollars and acreage

6. Location

7. Approximate completion date, or anticipated completion date if in progress

The Government may contact references beyond those identified by the quoter to obtain additional information in the evaluation of the quoters past performance. Performance information may be obtained on any federal, state, local, and commercial contract performance of the quoter that is known to the Government and may include information from existing contract files. Additionally, personal experience and an evaluator personal knowledge of quoters performance may be used.

The Government will determine the acceptability of each quote on a pass or fail basis considering the following factors:

1) A quoter takes exception to the any of the terms and conditions of the RFQ, including attachments;

2) A quoter is not currently registered in the System for Award Management (SAM) by the closing date of the solicitation;

3) A quoter cannot be verified as a Small Business as shown in SAM or other proof as submitted by the quoter; and

4) An incomplete quote that lacks sufficient information for the government to perform a technical evaluation to determine acceptability.

(b) Options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote 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 a quote, mailed or otherwise furnished to the successful Quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the Quoters specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Section 1: Evaluation Methodology:

Ratings based on Technical aspects of a quote/proposal will utilize the Adjectival Rating, Go/No Go and/or Confidence Ratings systems (defined below).

1. Location and Access: Go/No Go and Confidence Rating

2. Pasture Characteristics: Confidence Rating

3. Holding Space, Corral, or Dry Pasture Characteristics: Confidence Rating

4. Supplemental Feed Quality and Quantity: Confidence Rating

Section 2: Evaluation Factors:

The award decision is based on evaluation factors and significant subfactors that are tailored to the acquisition.

Information about the evaluation factors, their importance compared to cost or price and their order of importance.

1. Location relative to program facilities and operations and physical access for USFS to park multiple trucks and trailers to feed, check on stock, move stock in and out, and tie off stock while loading and unloading.

2. Pasture characteristics to determine sufficiency to support 25 head of stock for at least 6, preferably 7 months without supplemental feed, safety, water, shelter, and adequate fencing characteristics.

3. Holding space, dry pasture, or corral characteristics to determine sufficiency to support stock during the primary work season while on supplemental feed, safety, water, shelter, adequate fencing, access.

4. Supplemental feed quality and quantity assured

All factors when combined are (1) approximately equal to cost or price and (2) all of equal importance.

Subfactor 1.1.1 Subfactor 1: Location Submission Requirements: Address of Property What USDA will use to evaluate this subfactor: Address of property, distance from Fort Jones District Officer, Robinson Flat facility, area Trailheads. Maximum distance 30 miles, more convenient locations will be preferred as this materially affects FS personnel time investment in feeding, monitoring, and utilizing stock for program support.

Evaluation Criteria/Methodology:

Adjectival Rating, Go/No Go and/or Confidence Ratings, and the relationship between the methodology. For example: The adjectival rating and the confidence rating are of equal importance.

Go/No Go re: 30-mile maximum distance.

Subfactor 2: Safe area for multiple trucks and trailers to pull in and park, load and unload and tie off stock safely Submission Requirements: Description of adequate access for multiple trucks and trailers to pull in and park, load and unload and tie off stock safely.

What USDA will use to evaluate this subfactor: Ease of access for truck and trailer, space to turn around with multiple vehicles present, safety considerations (i.e. highway traffic) to both irrigated pasture and holding space/corral/dry pasture.

Evaluation Criteria/Methodology:

Adjectival Rating, Go/No Go and/or Confidence Ratings, and the relationship between the methodology. For example: The adjectival rating and the confidence rating are of equal importance.

Confidence Rating

1.2 Factor 2: Pasture Characteristics

1.2.1 Subfactor 1: Sufficient Pasture Acreage and forage density Submission Requirements: Description of how many months of forage will be available for 25 head of stock. Acreage and expected available forage. (ex: 84-acre parcel would support 25 head for 3 months).

Must provide forage for 25 head for minimum of 6 months (preference for 7+, program has generally had at least some of the stock grazing for 7 months each year).

Evaluation Criteria/Methodology:

Confidence Rating: Note: a proposal which provides 7 months of forage will be better cost to the government than one which provides 4 months, for example, as supplemental hay would have to be purchased to make up the difference.

1.2.2 Subfactor 2: Adequate and reliable fresh water source:

Submission Requirements: Provide a description of water source for 25 head of stock, up to 700 gallons per day, judgement of reliability of water source for duration of pasture use, and description of mechanism for turning water on and off, if applicable.

Evaluation Criteria/Methodology:

Technical Confidence Rating: Will this water source freeze?

3. Subfactor 3: Adequate Shelter Submission Requirement: Describe available shelter, may include trees or topographic features

Evaluation Criteria/Methodology:

Technical Confidence Rating

Adequate to shelter 25 head, can be minimal but must be present (ex: small hill provides wind break)

4. Subfactor 4: Adequate Fencing to safely contain stock Submission requirement: Description of type and condition of fencing to be in place by the initiation of the contract, improvements that may occur over the course of the contract, description of where fencing may need to be reinforced based on risk assessment of adjacent hazards (i.e. highway traffic, tempting alfalfa fields, adjacent livestock). Timeframe for completing any fencing repair or reinforcement, to be 90 days less from initiation of the contract period.

Ex: 4 strand barbed wire with t-posts: x feet of fencing along adjacent alfalfa field will be repaired or replaced by x date.

Evaluation Criteria/Methodology:

Technical Confidence Rating

Condition of fencing- safety criteria: no down and broken barbed wire fencing

Condition of fencing- adequate to contain stock

Condition of fencing- areas proposed to be repaired or reinforced and timeframe for doing so: 90 days or less from initiation of the contract period.

1.3 Factor 3: Holding Space, Corral or Dry Pasture Characteristics

1.3.2 Subfactor 1: Area between 5 -50 Acres

Submission Requirement: Description of Holding Space, Corral, or Dry Pasture.

Evaluation Criteria/Methodology:

Technical Confidence Rating

If all 25 head will be in this area during the field season (May-September), the higher end of the 5-to-50-acre spectrum is preferred. If some combination is available, this can be flexible.

1.3.2 Subfactor 2: Adequate and reliable fresh water source

Submission Requirements: Provide a description of water source for 25 head of stock, up to 700 gallons per day and judgement of reliability of water source for duration of pasture use, and description of mechanism for turning water on and off, if applicable.

Evaluation Criteria/Methodology:

Technical Confidence Rating: Will this water source freeze?

1.3.3 Subfactor 3: Adequate Shelter

Submission Requirement: Describe available shelter, may include trees or topographic features

Evaluation Criteria/Methodology:

Technical Confidence Rating

Adequate to shelter 25 head, can be minimal but must be present (ex: small hill provides wind break)

1.3.4 Subfactor 4: Adequate Fencing to safely contain stock

Submission requirement: Description of type and condition of fencing to be in place by the initiation of the contract, improvements that may be made over the course of the contract, description of where fencing may need to be reinforced based on risk assessment of adjacent hazards (i.e. highway traffic, tempting alfalfa fields, adjacent livestock). Timeframe for completing any fencing repair or reinforcement, to be 90 days less from initiation of the contract period.

Ex: 4 strand barbed wire with t-posts

Evaluation Criteria/Methodology:

Technical confidence rating Condition of fencing- safety criteria: no down and broken barbed wire fencing Condition of fencing- adequate to contain stock Condition of fencing- areas proposed to be repaired or reinforced and timeframe for doing so: 90 days or less from initiation of the contract period.

1.4 Factor 4: Supplemental Feed

1.4.1 Subfactor 1: Quantity of Grass Hay or Nutritionally Equivalent Hay available for USFS purchase at market price

Submission Requirements: Confirm availability of sufficient quantity of grass hay or nutritionally equivalent hay to be made available for USFS purchase each year to provide for 25 head of stock for duration of any amount of time forage is not available. Expected minimum purchase of 35 tons per year.

Evaluation Criteria/Methodology:

Technical Confidence Rating

25 head of stock require 7.5 tons (or 150 bales) of hay per month when that is the sole source of nutrition.

1.4.2 Subfactor 2: Quality of Grass Hay or Nutritionally Equivalent Hay available for USFS purchase Submission Requirements: Describe quality of hay to be provided for USFS purchase to include characteristics such as free of mold, substantially weed free, from the most recent year, and of suitable nutritional value.

Evaluation Criteria: Technical Confidence rating

1.5 Factor 4: Past Performance

1.5.1 Past Performance

Submission Requirements: Prior business transactions with USFS for pasture rental and/or hay purchase, brief description of property and land use over past five to ten years.

Evaluation Criteria/Methodology:

Ratings will be based on: Relevancy, Recency (to be defined in each solicitation, not using FAR terms and definitions), Quality defined in: FAR 42.1503.

Performance confidence assessment of past dealings with USFS and provision of pasture and/or hay (can be own operation as a working ranch or pasture rental and hay sales over past five years)

1.6 Factor 5: Cost/Price

1.6.1 Contract Cost/Price

Submission Requirements: Cost for pasture rental either total or broken down by type i.e.

pasture with forage x months, corral/dry pasture/holding space x months, price of grass hay or nutritionally equivalent hay.

Evaluation Criteria/Methodology:

Consistent with prevailing market rates. Cost may be itemized according to pasture type or lumped into rental and hay sale categories.

Section 3: Definitions

2.2 Go/No Go Ratings

The term “Pass/Fail” will not be utilized in any rating; instead “Go/No Go” will be utilized.

When Go/No Go ratings are utilized the following sentence shall appear in the request “Specifically, for a vendor to be considered for an award, the proposed solution must meet the minimum technical criteria listed.”

Adjectival Ratings

Adjectival Rating Definition

Exceptional Quote contains no deficiencies and fully addresses all aspects of the criteria and demonstrates an excellent approach/solution and understanding of the requirements. Many strengths exist, far outweighing any weaknesses. The highest quality of contract performance is anticipated with very low risk.

Very Good Quote contains no deficiencies; fully addresses all aspects of the criteria and demonstrates a very effective approach/solution and understanding of the requirements. Some weaknesses may exist; however, the weaknesses, if any, are outweighed by strengths. A high quality of contract performance is anticipated with low risk.

Satisfactory Quote contains no deficiencies; addresses all aspects of the criteria and demonstrates an adequate approach/solution and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. A quality contract performance is anticipated with an acceptable amount of risk.

Marginal Quote may contain deficiencies; fails to address all of the criteria and does not demonstrate an adequate approach/solution or understanding of the requirements. One or more weaknesses exist which are not offset by strengths. Contract performance is anticipated with high risk.

Unsatisfactory Quote contains many deficiencies and does not address all aspects of the criteria and/or does not present evidence demonstrating an adequate approach/solution and understanding of the requirements. Many weaknesses and/or omissions exist creating an unacceptable risk.

Technical Confidence Rating Confidence Rating Definition

High Confidence

(Low Risk)

The Government has high confidence the vendor understands the requirement, proposes a sound approach, and will be successful in performing the contract with little or no Government intervention.

Some Confidence

(Moderate Risk)

The Government has some confidence the vendor understands the requirement, proposes a sound approach, and will be successful in performing the contract with some Government intervention.

Low Confidence

(High Risk)

The Government has low confidence the vendor understands the requirement, proposes a sound approach, or will be successful in performing the contract even with Government intervention.

Past Performance Confidence

Performance Confidence Assessment

Rating Description

Relevant Past/present performance effort involved much of the similarity, magnitude of effort and complexities this solicitation requires.

Somewhat

Relevant

Past/present performance effort involved some of the similarity, magnitude of effort and complexities this solicitation requires.

Not

Relevant

Past/present performance effort did not involve any of the similarity, magnitude of effort and complexities this solicitation required.

Rating Description

Substantial Confidence Based on the quoter’s performance record, the government has a high expectation that the offeror will successfully perform the required effort.

Quote/Proposal Metrics When identifying the merits of a quote/proposal the following three terms shall be utilized along with the definitions.

Narrative Element Definition

Strength A significant, outstanding, or exceptionally positive aspect of a Quote.

Weakness Any aspect of a Quote increasing the potential for problems and issues with regard to contract performance. The Quote provides a minimally acceptable response to the Government’s requirements. The response leaves the evaluator with uncertainty as to the understanding of the work, capability to successfully perform the work, or capability to effectively manage the work effort.

Deficiency A material failure of a Quote to meet a Government requirement or a combination of significant weaknesses in a Quote increasing the risk of unsuccessful contract performance to an unacceptable level.

Satisfactory Confidence Based on the quoter’s performance record, the government has an expectation that the offeror will successfully perform the required effort.

Limited Confidence Based on the quoter’s performance record, the government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the quoter’s performance record, the government has no expectation that the offeror will be able to successfully perform the required effort.

Unknown Confidence No performance record is identifiable, or the quoter’s performance record is so sparse that no confidence assessment rating can be reasonably assigned.

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

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) (Provision)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) (1) Representation. The Quoters represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the quoter represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

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

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

(a) Definitions. As used in this provision—

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

https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/ https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

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

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

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

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

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

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

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

(d) Representation. The Quoters represents that—

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Quoters represents that— https://www.sam.gov/

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

(B) If not associated with maintenance, the PSC of the service being provided;

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

(End of provision)

FAR 52.212-3 Quoters Representations and Certifications – Commercial Products and Commercial Services (MAY 2024) (Provision)

[If Quoters Representations and Certifications are not complete in SAM the quoter shall submit a completed copy of the provision at FAR 52.212-3, Quoters Representations and Certifications- Commercial Products and Commercial Services, with your quote. The full provision is available from http://www.acquisition.gov/far/.

If Quoters Representations and Certifications are complete in SAM, the quoter shall complete the following:]

(b)(1) Annual Representations and Certifications. Any changes provided by the quoters in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The quoter has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Quoters verifies by submission of this quote that the representations and certifications currently posted electronically at FAR 52.212-3, Quoters Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this quote is submitted and are incorporated in this quote by reference (see FAR 4.1201), except for paragraphs ______________.

[Quoters to identify the applicable paragraphs at (c) through (v) of this provision that the quoter has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.

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

http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876

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

(End of provision)

(xi) FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2023)

Addenda to FAR 52.212-4:

(xii) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (MAY 2024)

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

(1) FAR 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) FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

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

(4) FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

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

(7) FAR 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 products and commercial services:

[Contracting Officer check as appropriate.]

☐ (1) FAR 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655

☐ (2) FAR 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

☐ (3) FAR 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☒ (4) FAR 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

☒ (5) FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (6) [Reserved].

☐ (7) FAR 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-

117, section 743 of Div. C).

☐ (8) FAR 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (9) FAR 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section

102 of Division R of Pub. L. 117-328).

☐ (10) FAR 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal

Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts.

(Dec 2023) (Pub. L. 115–390, title II)

☐ (11)(i) FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders— Prohibition (Dec 2023) (Pub. L. 115–390, title II)

☐ (ii) Alternate I (Dec 2023) of FAR 52.204-30.

☐ (12) FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C.

6101 note).

☐ (13) FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (14) [Reserved].

☐ (15) FAR 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15

U.S.C. 657a).

☐ (16) FAR 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2022) (if the quoter elects to waive the preference, it shall so indicate in its quote) (15 U.S.C. 657a).

☐ (17) [Reserved] ☒ (18) (i) FAR 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C.

644).

☐ (ii) Alternate I (Mar 2020) of FAR 52.219-6.

☐ (19) (i) FAR 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C.

644).

☐ (ii) Alternate I (Mar 2020) of FAR 52.219-7.

https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7

☐ (20) FAR 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C.

637(d)(2) and (3)).

☐ (21) (i) FAR 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

☐ (ii) Alternate I (Nov 2016) of FAR 52.219-9.

☐ (iii) Alternate II (Nov 2016) of FAR 52.219-9.

☐ (iv) Alternate III (Jun 2020) of FAR 52.219-9.

☐ (v) Alternate IV (Sep 2023) of FAR 52.219-9.

☐ (22) (i) FAR 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

☐ (ii) Alternate I (MAR 2020) of FAR 52.219-13.

☐ (23) FAR 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s).

[Contracting Officer check as appropriate.] ☐ By the end of the base term of the contract and then by the end of each subsequent option period; or

☐ By the end of the performance period for each order issued under the contract.

☐ (24) FAR 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

☐ (25) FAR 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

☒ (26) (i) FAR 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of FAR 52.219-28.

☐ (27) FAR 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

☐ (28) FAR 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m).

☐ (29) FAR 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

☐ (30) FAR 52.219-33,…