Combined Synopsis-Solicitation RFQ 1115428.docx

Solicitation Number: 12970224Q0003

(v) Schedule of Items/Price Schedule (Contracting Officer to insert applicable information. A sample from the USDA desk book is included below. Tailor to fit your needs or insert your own schedule here.)

Project Description: Greater Payson Heritage Survey Vendor Name: __________________________________Vendor UEI: ___________________

Schedule Notes:

Payments Procedure

The contracting officer will authorize payments per phase of the project as follows:

· Completion of pre-field literature search and fieldwork (delivery of draft literature search tables/figures, site forms, sketch maps, topographic maps and geospatial data), and upon acceptance of work by Contracting Officer’s Representative (within fifteen (15) business days of receiving deliverables) 50% of contract price per phase.

· Completion of draft report (delivery of one electronic copy of the draft report photographs, electronic data/files, digital images, maps), and upon acceptance of the work by the Contracting Officer’s Representative (within fifteen (15) business days of receiving deliverables) 25% of contract price.

· Completion of final report (delivery of one unbound paper copies of the final report and one electronic copy of the final report, all forms, photographs, electronic data/files, digital images, maps, along with final geospatial data and return of all unused Government Furnished Property), and upon acceptance of the work by the Contracting Officer’s Representative (within fifteen (15) business days of receiving deliverables) 25% of contract price.

· Contractor will be responsible for preparation and submission of proper invoices. Invoices shall contain the Contract Number, Vendor Identification Number, invoice number, remit to name and address, and the specific line items that are being billed.

Contracting Officer’s Representative will inspect and accept or reject work as appropriate. Upon rejection work will be returned to Contractor for correction. If work is accepted, then recommendation for payment of invoice will be forwarded to Contracting Officer.

Archaeological Survey Definitions

Site Definition: For the purposes of this contract, a site is defined as a location of purposeful prehistoric or historic human activity. An activity is considered to have been purposeful if it resulted in a deposit of cultural material beyond the level of one or a few accidentally lost artifacts. Loci of human activity not classifiable as sites by this definition should be considered and recorded as isolated occurrences.

A cultural resource qualifying as a site under this definition should exhibit at least one of the following:

· At least one formal tool if associated with other cultural materials (note that utilized flakes are not considered formal tools).

· An occurrence of cultural materials (such as pottery sherds, chipped stone, or historic items) that contains one of the following:

· three or more types of artifacts or raw materials (note that different colors of lithic materials do not count as different materials).

· two types of artifacts or materials in a density of at least 10 items per 100 square meters (m2).

· single type of artifact or material in a density of at least 35 items per 100 m2.

General exceptions to these criteria are as follows:

· A protohistoric locus is considered a site unless the TNF specifically concurs in the designation of an IO.

· Historic remains not associated with tribal activities, if representing casual episodes of trash discarding, shall be deemed an IO.

· A locus of sherds that appear to be from the same vessel and interpreted to be a "potbust" can be considered an isolated occurrence.

· A locus of chipped stone that appears to be from the same nodule, suggesting core reduction or tool manufacture, can be considered an IO.

· Artifact scatters where the density/and or quantity of cultural materials are low and the area is confined, coupled with the determination that the information potential of the scatter is extremely limited, can in some cases be recorded as IOs.

These criteria may be modified, where appropriate, based on a professional cultural resource specialist’s judgment, and with prior approval of the COR. Any deviation from the standard definition should be discussed in the resulting cultural resource report. As a general rule, site designations are reserved in the case of historic remains for those at least 50 years old.

All sites will be recorded in their entirety, even if the boundaries go outside of the identified survey boundary – the exception to this is if the site goes onto private land. The Contractor is not to go onto private land to record site information unless private property is explicitly included in the contract. In the event that long linear sites or other atypically large sites extend outside the survey boundary, the extent of recording will be discussed with the CO/COR.

100% Archaeological Pedestrian Survey: For the purposes of this survey, a 100% archaeological pedestrian survey is defined as the systematic intensive inspection of the project area using parallel transects spaced no more than 15 meters apart. Areas to be surveyed may include linear areas (for example, roads or trails), corridors, contiguous blocks, a conglomeration of small blocks within a defined project area (for example cutting units within a timber sale), or any combination of these. Any proposed deviations from this transect interval must be identified and justified in the offeror’s technical proposal.

Government-Furnished Property

Upon award of a contract, the Tonto National Forest shall furnish to the contractor the following listed property and supplies, referred to as “Government- Furnished Property”.

1. 1:24,000 scale maps showing project boundaries, GIS files of project boundaries in Forest Service GIS format, and any other imagery, either electronic or hard copy.

2. Tonto National Forest Site Form and other applicable forms in digital format.

3. Geodatabase template, if necessary, for submitting digital locational information to conform to Forest standards.

4. Project number and site numbers (may request additional if needed during project)

Contractor Furnished Critical Items/Services

The Contractor shall furnish all personnel, facilities, equipment, materials, supplies and services and otherwise do all things necessary for heritage resources field inventory and other associated activities. Equipment will include, but not be limited to, GPS units, cameras, etc.

Performance Work Statement Tasks and Critical Subtasks

Intensive Survey The contractor shall be required to survey in according to USDA-Forest Service Region 3 Cultural Resources Handbook.

Records Search - The contractor shall review appropriate literature and documents sufficient to become familiar with the history of archaeological work and site documentation for project areas.

In addition, the contractor will review the survey reports and records available at the Tonto National Forest Supervisor’s Office, which deal with previous USDA-Forest Service and other archaeological fieldwork in the vicinity of the project area sufficient to describe the results of a literature search for a project area.

Locate, identify, and describe/document all cultural resource sites and isolated occurrences which can reasonably be detected from a pedestrian survey. Potential Traditional Cultural Properties (TCPs) shall be referred to COR for further evaluation.

Locate, identify, and describe/document all previously recorded cultural resources sites which can reasonably be detected from a pedestrian survey. Any site which has been previously determined to be not eligible will not be updated, unless, upon inspection, a change in the status of the National Register eligibility of the site is determined to be warranted.

Performance Standards – Intensive Survey: The contractor shall conduct a 100 % Inventory in the manner specified in the USDA-Forest Service Region 3 Cultural Resources Handbook.

Acceptable quality level: 100% compliance with the USDA-Forest Service Region 3 Cultural Resources Handbook.

Means of measurement: A field inspection of up to 10% of the survey area by the Government and the review of the contractor’s Quality Control records. If the inspections show that sites were missed by the contractor, field inspection of up to an additional 10% of the survey area may be conducted at the Government’s discretion.

Site Recording:

· At a minimum the contractor shall record all cultural resource sites located in the project area to the level to meet the standards listed in USDA-Forest Service Region 3 Cultural Resources Handbook.

· Locational information will be collected in UTMs, NAD 1983 datum using a suitable hand-held GPS device with a minimum accuracy of 1 meter.

· Photographs will be taken of each site and feature.

· Data entry of cultural resource site information into the NRM is included.

· Evaluate each cultural resource site and make a recommendation regarding its eligibility to the National Register of Historic Places using all criteria listed in 36 CFR 60.6, USDI-National Register Bulletin 15, and provide all appropriate site, feature, and artifact documentation as required in the specifications as justification for a determination of eligibility. An eligibility recommendation of “Undetermined” may be made, with justification, when eligibility if inconclusive based on surface observations and no additional testing has been authorized.

· All previously recorded sites located within the survey area will also be documented. All site records shall be updated as needed using the National Forest Service Site Form. In the case of those sites that have not received an eligibility determination, site updates shall include an evaluation of the site’s eligibility to the National Register of Historic Places where possible. An eligibility recommendation of “Undetermined” may be made, with justification, when eligibility if inconclusive based on surface observations and no additional testing has been authorized. All appropriate documentation shall be provided as a justification for a determination of eligibility. Any site which has been previously determined to be not eligible will not be updated, unless, upon inspection, a change in the status of the National Register eligibility of the site is determined to be warranted.

· The following may apply to the first phase of the inventory project. The site boundary shall be marked with white flagging tape (or other method, depending on the type of project and appropriate Forest standards as specified in the associated task order and/or during pre-work meeting) in such a manner that a person who has not previously seen the site can easily identify it. Flagging on trees on the perimeter of the site should be inter-visible and not obscured by branches or foliage. Site boundaries marked on the ground should correspond to the boundaries as mapped. The site boundaries shall also be recorded using a GPS device with a minimum accuracy of 1 meter, in UTMs, using the NAD 83 CONUS datum and the appropriate UTM zone. A datum tree or other convenient, permanent object, such as a fence post, will be established as near as possible to the center of the site or next to a prominent feature of the site. The location of the datum shall be recorded using a GPS device with a minimum accuracy of 1 meter, in UTMs, using the NAD 83 CONUS datum and the appropriate UTM zone.

Native American Graves Protection and Repatriation Act Notification: The contractor shall provide strict compliance with all Native American Graves Protection and Repatriation Act (NAGPRA) regulations as they apply to the inadvertent discovery of Native American human remains or associated cultural items. Upon the inadvertent discovery, the contractor shall provide immediate telephone notification of the discovery to the Contracting Officer’s Representative or Tonto Forest Archaeologist. The contractor shall provide written confirmation of the inadvertent discovery to the Forest Archaeologist within five days of the discovery.

Tribal Consultation: The Forest Service will conduct all government-to- government tribal consultation.

Performance Standards – Site Recording: The contractor has recorded all sites on specified forms in accordance with the USDA-Forest Service Region 3 Cultural Resources Handbook.

Acceptable quality level: 100% compliance with the USDA-Forest Service Region 3 Cultural Resources Handbook.

Means of measurement: A field inspection of a maximum of 10% of the newly recorded sites and/or previously recorded sites or a minimum of 2 sites and the review and verification of the contractor’s Quality Control records. If the inspections show that sites were not recorded in accordance with Sections 5.2.6 and 5.2.7 of this contract, field inspection of up to an additional 10% of the newly recorded sites and/or previously recorded sites may be conducted at the Government’s discretion.

Recording Non-Site Cultural Remains When an isolated occurrence (I.O.) is encountered, it shall be accurately recorded using a suitable hand-held GPS device with a minimum accuracy of 1 meter, in UTMs using the NAD 83 CONUS datum and the appropriate UTM zone. Each I.O. shall be plotted on the appropriate 7.5-minute USGS map in the same manner as described for site locations. I.O.’s shall be briefly documented, including the area of artifact dispersement (when applicable), artifact type, and frequency. I.O.’s should be photographed (at least one minimum of area and associated diagnostics photographed with scale); diagnostic artifacts can also be sketched. Date ranges for diagnostic artifacts shall be included in their descriptions. Detailed plan view maps are not required for I.O. locations.

Performance Standards – Recording Non-Site Cultural Remains: All isolated occurrences that were encountered during the survey have been documented on isolated occurrence recording forms if required; diagnostic artifacts, lithic and ceramic, have been drawn or photographed and the Isolated Occurrence location has been plotted on the appropriate topographic map.

Acceptable quality level: 100% documentation of encountered isolated occurrences.

Means of measurement: A field inspection by the Government, the verification of the contractor’s Quality Control records, and the data documented in the contractor’s report.

Report: After fieldwork is complete, the contractor will provide a report, which describes the survey and results. the report will be used for National Historic Preservation Act, Section 106 consultation between the USDA- Forest Service and consulting parties, including the Arizona State Historic Preservation Office, as such, shall provide sufficient information with which to conduct these procedures.

All site locations will be marked on the topographic maps in accordance with standards set forth in the USDA-Forest Service Region 3 Cultural Resources Handbook. All topographic maps included in the report shall contain a heading in accordance with the standards set forth in the USDA-Forest Service Region 3 Cultural Resources Handbook. All written GPS coordinate descriptions shall use the NAD 83 CONUS datum and the appropriate UTM zone.

Site forms will be submitted separately from the reports. Site inventory forms, all associated site documentation materials (including, but not limited to, plan and location maps, photographs, artifact and feature drawings, artifact documentation forms, copies of associated relevant historic documents, and other materials) as well as the necessary number of 7.5-minute USGS topographic maps required to show clearly the locations of all cultural resources found, the site boundaries, the survey boundaries, and the project location.

Unused government-furnished property will be returned to the Contracting Officer’s Representative with the report.

The contractor is required to utilize GIS for project vicinity, project location, site location, and I.O. location map production. Use of a GIS system provides for more accurate maps and site plots. All GPS data collected shall be provided to the Forest Service electronically in a geodatabase. The contractor shall provide copies of maps in electronic format as well as hard copy. This data will be used to populate the Forest's electronic site atlas. The US Forest Service currently utilizes ArcGIS mapping software.

Report Production: One electronic copy of the draft report in Microsoft Word format, one unbound paper copies of the final report, and one electronic copy of the final report in Microsoft Word format will be delivered to the Contracting Officer’s Representative. The reports shall include all required site inventory forms (separated from the report) all associated site documentation materials (including, but not limited to, plan and location maps, photographs, artifact and feature drawings, artifact documentation forms, copies of associated relevant historic documents, and other materials) as well as the necessary number of 7.5 minute USGS topographic maps required to show clearly the locations of all cultural resources found, the site boundaries, the survey boundaries, and the project location. Electronic copies shall be provided on a CD/DVD, USB-type portable hard drive (flash drive), or other readily readable digital media in Microsoft Word format. The draft and final reports shall contain all appropriate maps, forms and photographs as described in section 5.4. The pages must be unbound and standard size (8 1/2” x 11”). Photographs may be digital photographs, of sufficient quality as to be clear on reproduction, minimally 300dpi. The cover and title page shall carry the statement that the work was “Prepared for the USDA-Forest Service, Tonto National Forest, Arizona”. The title of the report shall conform to the title of the project as determined by the Forest Service. All hand prepared pages such as maps and drawings must be of professional quality and legible. All maps and line drawings must be legible and suitable for reproduction in black and white. Offset printing or high-quality photocopying will be acceptable for the text. Color copies are required for duplicate copies of report sections and site recording materials where originals are in color. The report must be clean and suitable for reproduction. The various recording forms and the topographic maps showing project and cultural resource locations should be originals. All written GPS coordinate descriptions shall use the NAD 83 CONUS datum and the appropriate UTM zone. The report will be returned to the contractor if there are editorial or typographic errors, reproduction or production flaws, format/content discrepancies or any other problems, which cause it to be of less than professional quality. Any additional costs to bring the report to acceptable quality will be at the contractor’s own expense.

Geospatial Data Submittal: All GIS/GPS data shall be submitted in a geodatabase format on a CD/DVD, USB-type portable hard drive (flash drive), or other readily readable digital media to the Contracting Officer’s Representative at the time of the completion of the fieldwork. The geodatabase shall include feature classes that conform to Forest standards provided by the COR prior to survey implementation. All locational data, survey polygons and site polygons shall use the NAD 83 CONUS datum and the appropriate UTM zone.

Performance Standards – Report: The contractor provides a report that meets the specifications described in this contract and is in accordance with the standards set forth in the USDA-Forest Service Region 3 Cultural Resources Handbook.

Acceptable quality level: Clear, concise, proper grammar and format, and contains all required Government data.

Means of measurement: 100% review and verification of the contractor’s records, data, and report.

NRM Data Entry: The contractor shall be required to enter all information for existing and new sites into the NRM after a draft report has been submitted to the Tonto National Forest. The contractor will request an NRM data package from the COR. The completed data packages will be return to within 20 Standard days.

Performance Standards-NRM all of the sites identified within the project areas will be entered into the NRM program correctly.

Acceptable Quality Level-site descriptions are clear, concise and use proper grammar, all appropriate data fields are completed, and the site location information is accurate.

Means of Measurement. 10% review and verification of the records entered into the NRM program.

(vi) Description of Requirement (including a list of any attachments) A 5-phase Class I records search and Class III cultural resources survey is required in the following areas:

· Phase 1, North Payson 4977 acres

· Phase 2, Star Valley 2768 acres

· Phase 3, Southeast Payson 3466 acres

· Phase 4, South Payson Phase 2 3569 acres.

· Road inventory. 115 acres.

A report summarizing the findings and National Register of Historic Places determinations will be completed for each phase individually.

Access to the individual project areas will likely using existing Forest Roads. Some roads will be rugged and will likely require high clearance vehicles at the very least. Having access to a 4-wheel drive vehicle is advisable. The forest would provide keys and/or numbers to locks on gates, when feasible. Potential cultural context includes possible Paleo, Archaic, Central Arizona Tradition, Hohokam, Anchan, Mogollon, Salado, Protohistoric (particularly Apachean), and Historic (e.g., homesteading/ranching, mining, CCC).

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location The 4 project areas and roads are located around the City of Payson, AZ in the Tonto NF.

· Phase 1 Heritage need report by Dec 31, 2023, North Payson 4,977 acres.

· Phase 2 Heritage need report by June 15, 2024, Star Valley 2,768 acres.

· Phase 3 Heritage need report by December 31, 2024, Southeast Payson 3,466 acres.

· Phase 4 Heritage need report by June 15, 2025, South Payson Phase 2 3,569 acres.

· Road inventory date to be accomplished will be determined during contract initiation meeting. 115 acres.

Specific start and completion dates per phase maybe adjusted after the contract is awarded.

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

Addenda to Provision 52.212-1:

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

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

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

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

3) Submit offer by email to gus.altschuler@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Technical Proposal, Price Proposal, and Representations and Certifications) in Microsoft Word, Excel, or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer from Gus Altschuler.

4) Address questions about this solicitation to Gus Altschuler at gus.altschuler@usda.gov.

(ix) 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) (Provision) Basis for Award. The Government intends to award a Firm Fixed Price contract to the responsible quoter whose quotation, conforming to the solicitation, will be most advantageous to the Government with price and other factors considered. The award will be made based on a Comparative Best Value Analysis.

The following factors shall be used to evaluate quotations:

· Technical

· Past Performance

· Price Evaluation Approach. The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2 (b) (3), where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting or accepting alternate quotations. The evaluation will consider the following:

Technical or Quality: The quotation will be evaluated to the extent to which it can meet and/or exceed the Government’s requirements as outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation.

To be technically acceptable offers must include evidence of or provide explanation for the following items.

1. The contractor must have knowledge and experience with the Natural Resource Management program.

2. The contractor must currently hold or be able to obtain a permit to conduct archaeological investigations in the Tonto National Forest prior to beginning work.

3. Per Section 112 of the National Historic Preservation Act and the Section 106 regulations all contractor employees must meet professional standards as determined by the Secretary of the Interior which can be found in Appendix A of 36 CFR Part 61 and provided by request.

Past Performance: The past performance evaluation will assess the relative risks associated with a quoter’s likelihood of success in fulfilling the solicitation’s requirements as indicated by the quoter’s record of past performance. The past performance evaluation may be based on the contracting officer’s knowledge of and previous experience with the supply or service being acquired; Customer surveys, and past performance questionnaire replies; Contractor Performance Assessment Reporting System (CPARS) at http://www.cpars.gov/; or any other reasonable basis.

1. Identify number of years of experience performing archaeological surveys on comparable tracts of land within similar areas of Arizona and New Mexico.

2. Identify number of years of experience performing archaeological surveys on federal lands following federal guidelines.

3. Provide a list of at least three archaeological surveys and clearances on similar land in New Mexico or Arizona completed within the past ten years. The list should include general description of the project (clearance type, location, acreage, month, and year of report) and contact information for the client for reference use. If experience is not available in New Mexico or Arizona, please provide information on work considered similar and the how you can become geographically competent.

Price: The Government will evaluate the price by adding the total of all line-item prices, including all options. The Total Evaluated Price will be that sum.

If the contractor is awarded the assignment, no other subcontractors may work on the project without prior written authorization from the CO. If the contractor does not list any subcontractors, then proposal must state that the contractor will do 100 percent of the research, surveying, and writing of reports.

If the contractor needs more information to thoroughly answer the above questions, please contact Gus Altschuler at gus.altschuler@usda.gov Technical and past performance, when combined, are approximately equal to price.

(b) 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.

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

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Provision) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

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

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

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

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

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

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

(d) Representation. The Offeror represents that—

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (Dec 2023)

(a) Definitions. As used in this provision, covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures.

(1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government.

(2) Name of the covered article or source subject to a FASCSA order.

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

(4) Brand.

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number).

(6) Item description.

(7) Reason why the applicable covered article or the product or service is being provided or used.

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

52.209-7 Information Regarding Responsibility Matters (OCT 2018)) (Provision) (a)Definitions. As used in this provision— Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

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

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

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

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

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

(i)In a criminal proceeding, a conviction.

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

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

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

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

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

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (NOV 2023) (DEVIATION NOV 2022) (Provision) [If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:] (b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

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

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

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

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

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] Employment of Eligible Workers - Workforce Certification (Provision) Contractors are required to provide certification under this solicitation in compliance with the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) and Farm Labor Contractor (FLC) Certificate of Registration requirements describing the workforce they will utilize to fulfill the contract requirements under this solicitation and any resulting contract. If the Contractor will supply workers under the H-2B Program, the Contractor is required to provide a copy of the Temporary Employment Certificate issued by DOL.

Subcontractors are bound by the same requirements for licenses and permits under this contract. If a Prime Contractor identifies a Subcontractor as part of their workforce to accomplish the work under this solicitation, the Prime Contractor shall submit the Subcontractor's signed certification with their response to the solicitation.

H-2B Workers: (http://www.foreignlaborcert.doleta.gov/) Company certifies it will not be utilizing H2B Workers under any resulting contract of this solicitation.

Company will be utilizing H2B Workers (under any resulting contract of this solicitation. Provide a copy of Temporary Employment Certificate.) MSPA Workers: (http://www.dol.gov/whd/mspa/) Company certifies it will not be utilizing MSPA workers under any resulting contract of this solicitation.

Certifies has valid FLC certificate of registration. (Attach a copy of current certification.) Authorization includes:

Transporting workers Driving Housing workers Company has applied for a Certificate of Registration on ______________.

Contractors not currently having obtained a certificate (for each partner, if partnership) will be requested to furnish proof of having obtained a Certificate of Registration prior to award of contract. If the contractor does not provide the required Certificate in a reasonable timeframe, the contractor will not be eligible for the contract award. Partnerships must furnish proof of registration of their assumed business name, if any, with the State of registration.

State of ______________ No.______________ Information about licensing requirements and procedures may be obtained from the following:

I, on behalf of said Company, certify to the above responses.

(xi) 52.212-4…