Equine Boarding Services_Sol_1240LQ23Q0103.pdf

Solicitation 1240LQ23Q0103 GMUG National Forests Equine Boarding Services This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

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

There are 6 attachments to this RFQ:

1) Technical Proposal Questionnaire

2) Quality Assurance Surveillance Plan

3) Wage Determination 2015-5435 Rev 22 Dated 7/25/23

4) Colorado CDA Noxious Weed List

5) Henneke Body Condition System

6) Forest Service Staff Contact List & Notification Plan

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04.

This procurement is total small business set aside. The NAICS code is 115210 and the Small Business Size Standard is $11.

Schedule of Items/Price Schedule

Project Description: Equine Boarding Services

Vendor Name: __________________________________Vendor UEI:___________________

Item Animal Quantity

Unit Price/ Animal

Days

Total Price = Qty x Unit Price x 213 Days

100 Daily care & forage per animal (No. of days x No. of animals; "horse day") -based on 16 animals (minimum) 16 $ 213 $

200 Daily care & forage per animal (No. of days x No. of animals; "horse day") -based on 23 animals (maximum)

23 $ 213 $

Schedule Notes: November 1, 2023, to May 31, 2024, is calculated to be 7 months (213 days).

a) One award will be made from this solicitation. Contractors must submit pricing for both line items and fill out the technical proposal questionnaire.

b) The awarded purchase order will be firm-fixed price.

Equine Boarding Services

Performance Work Statement

General Information

1.0 Background and Purpose

The Grand Mesa, Uncompahgre, and Gunnison (GMUG) National Forests, located at 2250 South Main Street Delta, CO 81416, has a requirement for equine boarding services, including daily care and forage, for 16 to 23 horses for 7 months (213 days) from November 1, 2023, through May 31, 2024.

2.0 Definitions

FS – Forest Service GMUG – Grand Mesa, Uncompahgre, & Gunnison Equine – horse or mule; also referred to as animals Pasture – enclosed land covered with grass and other plants providing forage for horses or mules Pen - enclosed land devoid of vegetation (dry) capable of holding horses or mules to be fed forage; also sometimes referred to as a corral or dry lot Minor injury – cuts or lacerations not requiring stiches, scrapes, bruises, not lameness-inducing Forage – hay or pasture vegetation CDA – Colorado Department of Agriculture Supplemental feed – grain or other feed products that are not defined as forage

Contractor Requirements

3.0 Technical Requirements / Tasks

The horse boarding facility must be in a location that is readily accessible to Forest Service (FS) staff and provide basic needs to maintain equine health.

The facility will be located within a 25-mile radius of any of the following Colorado cites: Montrose, Olathe, Delta, Paonia, Crawford, or Grand Junction.

The contractor will provide all of the following to cover basic equine needs, except where indicated, which the FS will provide:

Facility Requirements

Facility must be comprised of pen(s) and/or pasture(s) enclosed by fencing and capable of safely containing animals.

A minimum of 400 square feet (ft2) per animal will be provided to allow animal movement and access to feed, salt, and water.

Facility will be available to FS staff at all times for FS contract inspections, equine pickup, drop-off, contract inspections, veterinary visits, farrier visits, and staff checking of equines and conditions.

Facility will have vehicular access providing safe ingress, egress, and turnaround room for trucks and 4-horse length stock trailers (approximately 36-ft trailer length).

Facility will have adequate and available parking for at least two trucks and two 4-horse stock trailers when FS, Equine Boarding Services veterinary, and farrier visits are occurring.

Facility will include a small corral or trap pen capable of containing at least 2 animals at a time when horses are being caught for transport and veterinary and/or farrier visits are occurring.

Facility will be clear of debris, objects, or equipment that could injure animals where animals are present.

Facility will be clear of any hazardous conditions for animals, including but not limited to the following: holes in the ground without exit, varmint holes, varmint presence potentially transmitting infectious disease such as bubonic plague, concrete ditches and structures without exit, tight corners without exit where animals can be cornered and injured, and mud bogs.

Noxious weeds must be under control at the facility. No Colorado Department of Agriculture (CDA) List A or B species will be on site, and CDA List C and watch list species will be minimal (Attachment 4). The following plant species are toxic to equines shall not be present at the facility:

Common name Scientific Name CDA-listed noxious weed Senecio Senecio spp. No Russian knapweed Acroptilon repens List B Yellow Starthistle Centaurea solstitialis List A Houndstongue Cynoglossum officinale List B Purple locoweed Oxytropis lamertii No White locoweed Oxytropis sericea No Woolly locoweed Astragalus mollissimus No Sand sage Artemisia filifolia No Fringed sage Artemisia frigida No Bracken Fern Pteridium aquilinum No Water Hemlock Cicuta spp. No Monkshood Aconitum spp. No Milkweed Asclepias spp. No Horse Nettle Solanum carolinense No Horse Tail Equisetum arvense No Oak Quercus spp. No Nightshade Solanaceae spp. No

The following plants may be present at the facility but must be limited or managed in such a way that equines do not overconsume them causing health issues:

Common name Scientific Name CDA-listed noxious weed Gum weed Grindelia spp. No Penstemon Penstemon spp. No Prince’s plume Stanleya pinnata No Saltbush Artemisia spp. No Woody aster Xylorrhiza spp. No Milk vetch Astragalus spp. No Leafy Spurge Euphorbia esula List B Field Bindweed Convolvulus arvensis No Yellow Sweet Clover Melilotus officinalis No Alsike Clover Trifolium hybridum No

Equine Boarding Services

Animal Interaction

If other non-FS equines are boarded at the facility, they will have proof of negative Coggins test(s) and vaccinations for the following viruses: eastern and western equine encephalitis, tetanus, west nile, and rabies.

If animals are fighting, such that injuries are occurring beyond those that are minor, animals will be moved or separated as needed to prevent further injury. This includes any non-FS animals.

Forage/Hay

01. An adequate supply of forage will be provided for each animal in order to maintain body weight and a subsequent Henneke body condition score between 4-7 (Attachment 5). If an animal’s body condition score is outside this range due to potential health concerns (e.g., teeth issues), the contractor will notify the FS to allow the animal’s health to be evaluated. Contractor will adjust feeding (increase or decrease) to bring body condition score into 4-7.

02. Forage will be comprised of pasture and/or hay to maintain health and body condition. When pasture is not available, inadequate to maintain animal health, or does not exist on site (e.g., pen only), the amount of hay is expected to be approximately 20 pounds per animal per day. Hay needs per day may be higher if environmental conditions such as snow and cold increases animal daily caloric needs to maintain body condition score within 4-7 and animal health.

03. Hay will be high-quality and safe and suitable for equines. Hay will be dry, clean, mold-free, have an adequate stem to leaf ratio, have less than 5% weeds, and have a protein level between 14-20%. Hay will be composed predominately of palatable grasses (e.g., smooth brome, timothy, orchard grass), and may include alfalfa, but will be comprised of at least 50% grass.

04. Hay will be distributed to equines to allow animals access for daily needs.

05. Pasture grass will be predominantly palatable grasses, such as smooth brome, timothy, orchard grass, or wheatgrass.

Pasture may include legumes such as alfalfa or clover but will be at least 50% grass.

06. Pasture will be monitored from April 15 to May 31, 2023, to prevent potential early plant-growth caused issues such as laminitis (founder). If animals are transitioning from hay only to rich spring pasture, animals will be introduced to spring pasture in limited increments of time to prevent health issues such as colic.

Supplemental Feed

FS may provide supplemental feed for certain animals as needed. Storage will be provided for supplemental feed.

Supplemental feed will be fed to animals as directed by the FS.

Salt, Trace Mineral, Protein, and Vitamin Blocks

Adequate salt and trace minerals will be provided to animals.

FS will provide any additional protein or vitamin blocks.

All salt, trace mineral, protein, and vitamin blocks will be placed at facility in locations to allow animal accessibility to them at all times.

Water

Animals will have access to a continuous supply of fresh and clean drinking water at all times at the rate of approximately 12 gallons per animals per day. Snow will not be considered a continuous supply of fresh drinking water. Water may be

Equine Boarding Services provided by filled tanks or troughs, automatic waterers, ponds, springs, creeks, and/or ditches. Water sources will be clear of ice or other barriers. If ponds, springs, creeks, and/or ditches are utilized, banks will have a 3:1 slope or less and be one foot or less in vertical height to prevent animal injuries. Additionally, if ponds, springs, creeks and/or ditches are utilized, they shall not contain excess natural salts such as selenium or alkali. If naturally occurring water is undrinkable for animals, other water will be provided.

Shelter

Shelter will be provided to allow animals periodic relief from natural elements, including wind and snow. Shelter can be in the form of vegetation (such as trees, natural windbreaks, and haystacks) or man-made structures (such as buildings and fencing). Any natural vegetation will not be hazardous thorn-type shrubs and trees, such as Russian olive (Elaeagnus angustifolia).

Any man-made shelters must not have loose boards, nails, sharp edges, or corners that could cause injury.

Fence Requirements

Fencing providing enclosure of a pen(s) and/or pasture(s) must be in good repair and maintained to a standard that will confine horses and mules. Fences may be wire, electric, wood, natural boundary, panels, and/or pipe. Fence top wire must be a minimum of 48 inches (“) in height.

Gates, rather than cattleguards only, will be used at all fence openings to contain animals within the facility.

Fences must be in a condition to prevent injury, including but not limited to the following: no loose or broken wire, no posts that are loose and not attached to fence, and caps will be on T-posts where animals are confined.

Other

Contractor will provide daily care for animals as directed by the FS when an animal requires short-term special care, such as an animal being confined due to an injury or recovering from an illness.

Due diligence will be provided in animal care. FS will seek damages in cases of extreme negligence.

Contractor will contact FS during emergencies, incidents, and if animals become injured and/or ill. In the event of an emergency the Contractor shall utilize the FS Staff Contact List & Notification Plan in Attachment 6. The FS employees are listed in the order in which they should be contacted. If the first person on the list is unavailable, contact the following individual. In the event that no FS staff can be reached, the Contractor may take emergency action and call a local Veterinarian to examine the animal at the facility or may transport the animal to a veterinarian if necessary.

FS will provide veterinary and farrier care.

Equine Boarding Services

4.0 Deliverable / Schedule

Key Deliverables Item No. Deliverable Objective Due 1 Stock Boarding –

Care and Feeding All daily care to maintain equine health and body condition

Daily from November 1, 2023, through May 31, 2024

2 Stock Boarding – Facility Maintenance

Facility is maintained to control animals and maintain equine health and body condition and safety

Daily from November 1, 2023, through May 31, 2024

3 Stock Boarding – FS Staff Access

Access for FS staff at all times for FS contract inspections, equine pickup, drop-off, veterinary visits, farrier visits, and staff checking of equines and condition with FS staff and equine services vehicular access and parking

Daily from November 1, 2023, through May 31, 2024

5.0 Government Furnished

Key Deliverables Item No. Deliverable Objective Due 1 Supplemental Feed Supplemental feed provided to contractor to be administered daily as needed to maintain equine health and body condition

Daily as needed from November 1, 2023, through May 31, 2024

2 Protein and Vitamin Blocks

Provided to contractor to be administered daily as needed to maintain equine health and body condition

Daily as needed from November 1, 2023, through May 31, 2024

6.0 Travel

NA

7.0 Contractor’s Key Personnel

A point of contact (POC) will be available for daily administration and in the event of an emergency. This POC will work with the FS staff and notification instructions in the FS Staff Contact List & Notification Plan in Attachment 6.

8.0 Security Requirements

Facility will be secure to prevent access by unauthorized persons and will provide reasonable protection for animals from vandalism and predators.

9.0 Data Rights

NA

10.0 Section 508 - Electronic and Information Technology Standards

NA

Equine Boarding Services

11.0 Performance Requirement Measures

Item No.

Deliverable Performance Standard Method of Surveillance Negative Incentive % for NOT meeting the Deliverable

1 Stock Boarding – Care and Feeding:

Henneke body condition score 4-6 on each animal and animals are free of injury beyond minor with all performance of work Section 3 technical components

Daily during the performance period from November 1, 2023, through May 31, 2024

FS staff monthly inspection by the 10th day of each month; FS will determine cause of body condition or injuries not meeting deliverables

If deliverables do not meet performance standard due to contractor, FS will withhold the equivalent of the monthly price for each affected animal(s) until contractor remedies situation to deliverable standard

2 Stock Boarding – Facility Maintenance: Facility is maintained to control animals and maintain equine health and body condition and safety with all performance of work Section 3 technical components

Daily during the performance period from November 1, 2023, through May 31, 2024

FS staff monthly inspection by the 10th day of each month

If deliverables do not meet performance standard, FS will withhold 10% of total monthly price per incident until contractor remedies situation to deliverable standard

3 Stock Boarding – FS Staff Access: FS staff and equine services personnel (veterinary, farrier) have facility access, including vehicular, with all performance of work Section 3 technical components

Daily during the performance period from November 1, 2023, through May 31, 2024

FS staff monthly inspection by the 10th day of each month

If deliverables do not meet performance standard, FS will withhold 10% of total monthly price per incident until contractor remedies situation to deliverable standard

Equine Boarding Services Date(s) and Place(s) of Delivery and Acceptance

November 1, 2023, within a 25-mile radius of any of the following Colorado cities:

Montrose, Olathe, Delta, Paonia, Crawford or Grand Junction.

2.212-1 Instructions to Offerors – Commercial Products and Commercial Services (MAR 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 questionnaire, a price proposal (schedule of items), and contractor representations and certifications.

a) Technical Proposal Questionnaire – The technical proposal shall address the evaluation factors in 52.212-2.

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

c) Representations and Certifications – Fill in the check boxes for provisions 52.204-24, 52.209-7, 52.212-3, and Employment of Eligible Workers-Workforce Certification found in Section x of this solicitation and include a copy with your offer.

2) Submit offer by email to rebecca.l.schowalter@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, Microsoft 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 Rebecca Schowalter.

3) Address questions about this solicitation to Rebecca Schowalter at rebecca.l.schowalter@usda.gov.

Equine Boarding Services

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 following factors shall be used to evaluate offers:

Technical Questionnaire

Price Proposal

Representations and Certifications

The technical questionnaire is more important than price.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Equine Boarding Services

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

Equine Boarding Services

(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.

Equine Boarding Services

(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

Equine Boarding Services

(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.

52.209-7 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.

Equine Boarding Services

(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–

(A)The payment of a monetary fine or penalty of $5,000 or more; or

(B)The payment of a reimbursement, restitution, or damages in excess of $100,000.

(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 (DEC 2022) (DEVIATION DEC 2022) (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/.

Equine Boarding Services

(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 ______________.

Equine Boarding Services

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

(DEC 2022) (DEVIATION 2017-1)

Addenda to 52.212-4:

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (JUN 2023) (DEVIATION 2017-1, DEVIATION DEC 2022)

(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 and Other Covered Entities (Nov 2021) (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.)

Equine Boarding Services

(4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1) (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) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(9) 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).

(10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(11) [Reserved].

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

(13) (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).

(14) [Reserved]

(15) (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.

(16) (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.

(17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and

(3)).(DEVIATION DEC 2022)

(18) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (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 2021) of 52.219-9.

(19) (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

(20) 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.

Equine Boarding Services

(21) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

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

(22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

(23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

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

(24) 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)).

(25) 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)).

(26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

(27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

(28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

(29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

(30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

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

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

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

(33) (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.

(34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(36) (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).

(37) 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.)

(38) (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.)

(39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

Equine Boarding Services

(40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(41) (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.

(42) (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.

(43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

(44) (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.

(45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

(46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(47) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

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

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

(50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (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 (Jan 2021) of 52.225-3.

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

(51) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(52) 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).

(53) 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).

(54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

Equine Boarding Services

(57) 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).

(58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.3805).

(59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

(60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

(61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

(62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

(64) (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

___91610 Livestock Caretaker___ ____WG-6____/___$17.94__

(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).

Equine Boarding Services

(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) 52.203-19, 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)).

Equine Boarding Services

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (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).

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

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

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

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

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

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (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).

(xiv) 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).

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

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

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

(Jan 2022).

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

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

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

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

States (Oct 2016) (Section 862, as…