Combo RFQ 127EAS24Q0038 (Post to GPE).pdf

127EAS24Q0038

USDA Forest Service Southwestern Region

Sierra National Forest LE Patrol Vehicle Modifications

This is a combined synopsis/solicitation for commercial services prepared in accordance with (IAW) the format prescribed in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation 127EAS24Q0038 is issued as a request for quote (RFQ).

This procurement is being issued as a 100% SMALL BUSINESS SET ASIDE.

North American Industrial Classification Standard (NAICS) 811111, Size standard of $9 Million.

This solicitation document incorporates provisions and clauses of those in effect through Federal

Acquisition Circular 2024-02 and Agriculture Acquisition Regulation (AGAR) last updated 11 March

2021. The result of this requirement will be a firm fixed priced (FFP) contract.

ATTACHMENTS:

1. Schedule of Items (SOI)

2. Evaluation Criteria

3. RFQ Provisions and Clauses

CONTRACTOR MUST SUBMIT:

Completed and Signed SOI

Technical Document/Parts List

Evidence of Past Performance

Contractor Representations and Certifications

• Please see evaluation criteria attachment for further information.

All questions pertaining to this acquisition shall be asked no later than, 29 March 2024 at 10:00AM, PST.

Questions shall be sent to Perry Rinato via email at perry.rinato@usda.gov. Email must be titled, “127EAS24Q0038 – RFQ Question”.

It is the responsibility of the offeror to view the website for any changes or amendments to this RFQ.

Quotes are due to Perry Rinato via email at perry.rinato@usda.gov no later than, 4 April 2024 at 10:00AM, PST. Quote emails must be titled, “127EAS24Q0038 – RFQ Submission”.

Schedule of Items/Price Schedule

SCHEDULE OF ITEMS

PROJECT

Sierra National Forest LE Patrol Vehicle

Modifications

UNIT Sierra NF

SOL # 127EAS24Q0038

PR # 1121952

ITEM

NO. DESCRIPTION

UNIT

of

ISSUE

UNIT

QTY

UNIT

PRICE TOTAL PRICE

The contractor shall provide all personnel, equipment, parts, tools, materials, supervision, labor, warranties and other items and services necessary to provide the required parts upgrades with installation as specified in the

SOW.

Lot 1 $_________ $_________________

TOTAL $

NOTES 1. Responses for quantities less than those listed in the numbered items may be rejected

2. Responses without prices for each item and sub-item may be rejected.

3. All quotes must identify each proposed part’s manufacture and item information to be installed for evaluation and approval purposes.

PRICE SUBMITTED BY

Signature

Phone:

Vendor Fax:

Address Email:

Cage

Code POC:

UEI

Evaluation Criteria

The Government intends to award a firm fixed price contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the

Government, price and other factors considered.

Offerors that do not submit all sections of evaluation factors may not be considered for contract award.

Responses should be submitted on the most favorable terms that the offeror could make to the

Government.

The Government reserves the right to reject any or all offers or to make award without conducting negotiations.

The following factors shall be used to evaluate offers:

The Government will evaluate proposals using a tradeoff process to determine the best value to the

Government. This process permits tradeoffs among cost or price and non-cost factors and allows the

Government to determine a quote the most advantageous proposal based upon the evaluation factors specified in the solicitation.

The evaluation factors for this acquisition are: (1) Technical, (2) Past Performance, and (3) Price. The

Government may perform a comparative evaluation (comparing offers to each other) to select the contractor that provides the best value, considering the evaluation factors in this solicitation.

The Government will evaluate proposals based on the perceived value of the proposed technical capabilities of quoted equipment, past performance, and quoted price.

All quoted parts items must include manufacture’s make and model identification for acceptability determination.

The USFS will deliver and retrieve the vehicle from the awardees service location.

Quote Submission Instructions

Please submit with your quote the following:

- A completed SOI. (Schedule of Items document)

- A technical document identifying all parts/equipment being quoted, with specifications if quoting an equal alternative item.

- No more that 3 examples of previous offroad vehicle builds to demonstrate knowledge and capabilities building advanced offroad capable vehicles of similar size and scale.

Technical: Please provide a list of all parts and upgrades being quoted for the award. All requested parts are requested as “brand name or equal” meaning that the contractor can quote the requested part or provide an equal or better alternative to the requested parts to serve the same function with equal or greater capabilities. If quoting an equal alternative to the requested part please submit with your quote, information on each alternative part with specifications.

Past Performance: The contractor must provide no more than 3 examples of previous vehicle builds/major upfitting, as proof of history working on, modifying and repairing advanced off road vehicles particularly jeeps if available. Please submit the type of vehicle and the modifications that were performed and the date of the modification. This proof of past performance will assist the evaluation team determine the quoter’s experience with this type of project and help establish if the needs of the Forest Service, which is more advanced than that of a typical recreational user can be met.

Price: Please complete and sign the attached Schedule of Items (SOI) document with your quote.

Quotes that do not conform to any or all the requirements specified in the instructions to offerors section of this document may be removed from consideration for award for noncompliance.

STATEMENT OF WORK

General Information

The USFS is in need of a qualified automotive shop to install aftermarket parts on a specialized Law

Enforcement Jeep patrol vehicle.

Background

The USFS is in possession of a 4 door V6 e-torque 2023 Wrangler Rubicon 4x4 that requires upfitting to increase patrol presence and safety in off-road areas that are not easily or usually accessible by normal vehicles or standard 4-wheel drive vehicles on the Sierra National Forest.

Specifications for Installer

All work must be completed within a 250 mile distance from the Sierra NF Supervisors Ofiice, 1600

Tollhouse RD Clovis, CA 93611. Quotes where work will be performed outside of this distance may be rejected.

Work will need to be completed by a contractor with extensive experience outfitting advanced offroad vehicles, specifically Jeep modifications.

Work will be done on a 4 door V6 e-torque 2023 Wrangler Rubicon 4x4.

A flex test shall be issued on site to ensure quality before final acceptance.

On-site fabrication machinery will be necessary for contract consideration.

The contractor must also have knowledge or experience of Sierra Neva off-road trails, such as the Dusy

Ershim, Fordyce, King of the Hammers, or similar. This is to ensure that the build and modification of the jeep can safely carry staff and passengers to the specifications and rigors of those trails.

Required Upgrade Specifications:

1. Remove tire deflection bracket.

2. Remove axles from stock suspension and cut off stock suspension mounts, install long arm kit with king shocks and related customer chosen Metalcloak components.

(KING 25001-375A, KING 25001-376A, MC 7671, MC 7672, MC 7040, MC 7043, MC 7015,

MC 7276)

3. install Dana Spicer ultimate 60 axles (D/S10056030, D/S10048784, ELECTRIC LOCKER

WIRING HARNESS)

4. Wire electric lockers to an S-pod panel

5. Remove interior center console and install emergency break cables (C660116, UD60BRAKEHARDWARE)

6. Install King 2.5” reservoir shocks (KING 25001-375A, KING 25001-376A)

7. Install yoke and driveline for ultimate 60 axles (DM4500, PM 35112-CV01, CV DRIVESHAFT, JL FRONT UD60, CV DRIVESHAFT JL REAR UD60)

8. Need to install a PSC kit, more than likely a big bore kit with a hydro assist (SK691RBK2-6.75-

NC)

9. Install heavy duty tie rod

10. Install draglink and set toe

11. Will need to mount and balance 5 Hutchinson DOT legal beadlock wheels (HUT60669-017-1

(BLACL, NIT205- 980/40X13.50/R17LT TRAIL GRAPPLER

12. Will need to install and program tazer programmer for gear ratio, tire size and axle upgrade.

(PALJL-TAZER-MINI)

13. Will need to remove rock stock sliders and install customer requested motobilt heavy duty weld on sliders modify to work with long arm suspension and paint to match existing. (MB 1158 FRAME

MOUNTED ROCKER GUARDS FOR JL 4DR)

14. Need to remove stock front bumper, install customer requested rage 4th front bumper and skid plate, wire customer requested rigid industries SAE fog lights to factory fog light switch and wire customer requested rigid industries light bar to s-pod auxiliary switch panel. (RG4 JS-JL-FBO, RG4 JSJL-FSO, RIG120312, RIG504816 D SERIES SAE, WAR89611, F55 00250-03, F55 0381)

15. install and wire warn Zeon 10s winch. (WAR89611)

16. spool warn Zeon 10s winch rope on winch. (WAR89611)

17. install customer requested rage 4th rear bumper and wire customer requested rigid industries arm reverse lights to factory reverse light circuit. (RG4 JS-JL-RBO, RIG 980013)

18. Mount Customer requested poison spyder frame mounted swing out tire carrier with rage 4th rear bumper. (PS 19-62-031 TP1)

19. Install customer requested rigid industries rock lights and wire to s-pod auxiliary switch panel.

(RIG 400253)

20. Remove passenger front seat, install, plumb and wire ARB dual air compressor.

21. Will need to modify, fit and install customer requested metalcloak skid plates with long arm suspension. (MC 6360)

22. Install s-POD switch panel and under hood bracket and control box. (BX-TSBJL, RAM-B-348U, RAP B-201U-A, CMMCMM109AB)

23. Will need to remove stock fender flares, fit and install customer requested genright high clearance fenders before powder coating and reinstall fenders after powder coating. (GENRIGHT FRONT

AND REAR ALUMINUM FENDER PACKAGE)

24. install customer requested American adventure lab quick release inner fenders. (AAL JL/JY

QUICK RELEASE INNER FENDERS PC TEXTURE BLACK, AAL JL REAR QUICK

RELEASE INNER FENDERS PC TEXTURE BLACK, AAL FENDER RETENTION

HARDWARE)

25. Install a rear cargo basket.

26. Complete a 4 wheel alignment after suspension and steering install.

27. Shop will have to apply a flex test, and will need to trim as needed, along with an on road test upon acceptance of the vehicle to verify that all installed parts are in proper working order. The contractor shall also center the steering wheel and test all systems before finalizing vehicle for completion.

28. The contractor shall provide a brief demo of the installed equipment to show proper working functionality.

Additional Requirements:

All work must be performed in, and the vehicle must be stored in a secure facility limiting access from non contractor employees. The contractor shall have the appropriate insurance, surveillance, and physical barriers necessary to deter theft and illegal entry while in possession of federal law enforcement equipment.

It is expected that the contractor will require in house fabrication capabilities.

The contractor shall provide warranties on all work performed.

Contract Provisions and Clauses

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 to submit an offer. https://www.sam.gov/SAM/

2) Offers submitted in response to this solicitation shall include a technical document/parts list, a completed and signed SOI, evidence of past performance, 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:

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. If there is no past performance information available, the offeror will receive a neutral rating in this factor.

ii) Technical Capability – Provide a list of equipment and key personnel (with qualifications) to be used to complete this project.

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, 52.204-29, 52.209-7, 52.212-3, and 452.211-71 found in the Reps and Certs section of this solicitation and include a copy with your offer.

2) Submit offer by email to Perry.rinato@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain three separate attachments (Technical Proposal, Price

Proposal, and Representations and Certifications) in Microsoft Word, Microsoft Excel, or Adobe https://www.sam.gov/SAM/

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.

Addenda to Provision 52.212-1 paragraph (f) Late submissions:

Replace (f)(2)(i) with the following:

Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. Delete 52.212-1

(f)(2)(i) paragraphs A, B, & C.

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 offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The Government will evaluate proposals using a tradeoff process to determine the best value to the

Government. This process permits tradeoffs among cost or price and non-cost factors and allows the

Government to determine a quote the most advantageous proposal based upon the evaluation factors specified in the solicitation.

The evaluation factors for this acquisition are: (1) Technical, (2) Past Performance, and (3) Price. The

Government may perform a comparative evaluation (comparing offers to each other) to select the contractor that provides the best value, considering the evaluation factors in this solicitation.

The Government will evaluate proposals based on the perceived value of the proposed technical capabilities of quoted equipment, past performance, and quoted price.

All quoted parts items must include manufacture’s make and model identification for acceptability determination.

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.

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV

2023)

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

Commercial Products and Commercial Services (DEC 2023)[DEVIATION JAN 2024] https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31

U.S.C.3903 and 10 U.S.C. 3801)

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78

(19 U.S.C. 3805note)).

(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) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Nov

2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

☐ (3) 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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (Whistleblower Guidance to

Contractor Employees)

☐ (5) 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) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of

Div. C).

☐ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)

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

☒ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

☐ (10) 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)

☐ (11)(i) 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 52.204-30.

☐ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

☐ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

(41 U.S.C. 2313).

https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK

☐ (14) [Reserved].

☐ (15) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.657a).

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

2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (17) [Reserved]

☒ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

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

☐ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

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

☐ (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)).

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

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

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

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

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

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

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

☐ (23) 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) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15

U.S.C. 657f).

☒ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023) (15 U.S.C.

632(a)(2)).

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

☐ (27) 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) 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) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☒ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023) (E.O.13126).

[DEVIATION JAN 2024]

☒ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222-26.

☐ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (Jul 2014) of 52.222-35.

☒ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

☐ (ii) Alternate I (Jul 2014) of 52.222-36.

☐ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf

☐ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

☒ (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.

13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

☐ (40) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

☐ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items

(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☒ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(Jun 2016) (E.O. 13693).

☒ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

☐ (44) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Oct 2015) of 52.223-13.

☐ (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and

13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

☐ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

☐ (47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s

13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-16.

☒ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020)

(E.O. 13513).

☒ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☒ (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).

☐ (51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

☒ (52)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

☐(ii) Alternate I (Oct 2022) of 52.225-1

☐ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29

(sections 4501-4732), Public Law. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-

283, 110-138, 112-41, 112-42, and 112-43.

☐(ii) Alternate I [Reserved]

☐(iii) Alternate II (Dec 2022) of 52.225-3.

☐(iv) Alternate III (Nov 2023) of 52.225-3 [DEVIATION JAN 2024].

☐(v) Alternate IV (Oct 2022) of 52.225-3.

☐ (54) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf

☐ (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

Subtitle A, Part V, Subpart G Note).

☐ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

☐ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services

(Nov 2021) (41 U.S.C.4505, 10 U.S.C.3805).

☐ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021)

(41 U.S.C.4505, 10 U.S.C.3805).

☒ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31

U.S.C. 3332).

☐ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul

2013) (31 U.S.C.3332).

☐ (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46

U.S.C. 55305 and 10 U.S.C. 2631).

☐ (ii) Alternate I (Apr 2003) of 52.247-64.

☐ (iii) Alternate II (Nov 2021) of 52.247-64.

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

Contracting Officer check as appropriate.]

☐ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☐ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of

Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage/Fringe Benefits http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

Employee Class Monetary Wage/Fringe Benefits

☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May

2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.

chapter 67).

☒ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

☐ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

☐ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.

1792).

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712)

(iii) 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)).

(iv) 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).

(iv) 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).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

Division R of Pub. L. 117-328)

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition. (Dec

2023) (Pub. L. 115-390, title II)

(B) Alternate I (Dec 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212).

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

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

(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O

13627).

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

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41

U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan

2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

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

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

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)

(31 U.S.C. 3903 and 10 U.S.C. 3801)

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46

U.S.C. 55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause

52.247-64.

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

Additional Requirements/Terms and Conditions

Clauses:

52.204-13 System for Award Management Maintenance (OCT 2018)

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

52.242-17 Government Delay of Work (APR 1984)

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)

Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452)

FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

52.252-6 Authorized Deviations in Clauses (NOV 2020)

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

1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.204-70 Modification for Contract Closeout (DEVIATION JUL 2022)

Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting

Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://www.usda.gov/sites/default/files/documents/agar-class-deviation-contract-closeout-clause.pdf the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

Provisions:

52.201-1 Acquisition 360: Voluntary Survey (SEP 2023)

(a)All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link:

https://www.acquisition.gov/360.

(b)The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

52.204-7 System for Award Management (OCT 2018)

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

52.211-6 Brand Name or Equal (AUG 1999)

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)

Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452)

FAR and AGAR Deviations to provisions may be viewed at: Policies & Regulations | USDA

52.252-5 Authorized Deviations in Provisions (NOV 2020)

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

https://www.acquisition.gov/360 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations

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

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

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

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;

https://www.acquisition.gov/far/part-52#unique_629880050 https://www.acquisition.gov/far/part-52#unique_629880050 https://www.sam.gov/ https://www.acquisition.gov/far/part-52#unique_629880050 https://www.acquisition.gov/far/part-4#FAR_4_2303

(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.

52.212-3 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.

file:///C:/Users/melissaajohnson/Downloads/(DEVIATION%20NOV%202022)%20–%20Offerors%20that%20are%20representing%20as%20joint%20ventures%20should%20submit%20their%20socio-economic%20status%20in%20the%20space%20provided%20above%20until%20such%20time%20that%20SAM.gov%20has%20been%20updated%20to%20include%20the%20joint%20venture%20representations%20contained%20within 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

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.]

452.211-71 Equal Products Offered (NOV 1996)

(a) Offerors proposing to furnish an "equal" product, in accordance with the "Brand Name or

Equal" provision of this solicitation, shall provide the following information for each offered

"equal" product:

Contract Line Item Number (if any): _____________________________

Brand Name or Equal Product identified by the Government in this solicitation:

Offered Product Name:___________________________________________

Catalog Description or part number:_________________________________

Manufacturer's Name:____________________________________________

Manufacturer's Address:__________________________________________

(b) Offerors are responsible for submitting all additional information on the above product necessary for the Contracting Officer to determine whether the product offered meets the "brand name or equal" product's salient characteristics listed in the solicitation.

Addenda to 452.211-71 – This information may be provided as part of the technical quote on the parts list.

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014)

(a) The services under this…