Pest Control Solicitation 12445021Q0008.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

F31B

PALMER PR 00721

ROAD 191 KM 44

EI YUNQUE CATALINA SERVICE CENTER

USDA FOREST SERVICE

F31B CODE 16. ADMINISTERED BYCODE

X

X

X

561710

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR4450

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

11/25/2020

787-387-1356NESTOR RIVERA GONZALEZ

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

12/27/2020 2359 AST

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12445021Q0008

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 53 1018921OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

PALMER PR 00721

ROAD 191 KM 44

EI YUNQUE CATALINA SERVICE CENTER

USDA FOREST SERVICE

15. DELIVER TO

ATLANTA GA 30309-2449

STE 876S

1720 PEACHTREE ST NW

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$12.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA-FS CSA EAST 10

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

El Yunque National Forest (EYNF) Pest Control Services

Offers/Quotes are due on 27 DEC 2020 @11:59PM AST (Atlantic Standard Time). No offers/quotes will be accept via fax. It is Offeror's responsibility to verify proposal has been received.

Offeror must be register in the System for Award Management (SAM) to receive a federal contract.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

INVOICE PROCESSING PLATFORM IPP ALL INVOICES MUST

BE SUBMITTED ELECTRONICALLY THROUGH THE INVOICE

PROCESSING PLATFORM IPP VIA WWW.IPP.GOV

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

53 2 of

Site Visit:

Date: 08 Dec 2020 Time: 0900 hours Site Visit location: El Yunque National Forest

El Portal Road 191 KM 4.4 Rio Grande, Puerto Rico https://goo.gl/maps/ydUEY8PDiL2JmvjE6

EYNF Pest Control Maintenance

Solicitation # 12445021Q0008

SECTION A

ADMINISTRATIVE INFORMATION

1. ADMINISTRATIVE INFORMATION

A. CONTRACTOR: (Contractor’s Name)

(Address)

(City-State-Zip)

(Point of Contact/Title)

PHONE NUMBER:

FAX NUMBER:

E-MAIL ADDRESS:

DUNS NUMBER:

SOCIO ECONOMIC CLASSIFICATION:

B. Nestor Rivera, Purchasing Agent

USDA Forest Service-El Yunque NF

Road 191 KM 4.4

Rio Grande, PR 00921

Phone: 787-387-1356

E-mail: nestor.riveragonzalez@usda.gov

C. FOR INTERNAL USE ONLY:

- Signed SF 1449

- Administrative Information (Section A)

- Quote (Section B)

- Technical (Preventive Maintenance Checklist)

- Representations and Certifications

- Statement confirming at least 50% of the cost of contract performance incurred for personnel, will be expended on direct employees of the prime contractor.

mailto:nestor.riveragonzalez@usda.gov

Solicitation #: 12445021Q0008

SECTION B

SCHEDULE OF ITEMS

B.1 FIXED PRICE

B.2. SCHEDULE OF ITEMS

Description of Requirement

The contractor shall provide all materials, tools & equipment, transportation, labor, and supervision necessary to perform a full range of pest control services at several locations within El Yunque National Forest, Rio Grandes, El Portal Road 191 Km 4.4, Puerto Rico.

The pest control service shall include, but not limited to, general pest/insect and rodent control, termite control, bed bug removal and fumigation services. An initial inspection of the facilities will be reported to the Contracting Officer (CO) and designated representative along with recommended/appropriate service frequency of area(s) and/or building(s). A Quality Control Program shall be developed to ensure systematic inspection of facilities and grounds for pests from verification of work performance and increases/reductions related to pest and a continuous pest prevention education program for FS employees.

CLIN

Period of

Performance Description

Unit of

Measure Quantity Price/Unit Total

0001 Base Award

EYNF Stone House

Base Award – Pest Control Service

11 Jan 2021 - 10 Jan 2022 month 12 $ $

0002 Option Year 1

EYNF Stone House

Option Year 1 - Pest Control Service 11 Jan 2022 - 10 Jan 2023 month 12 $ $

CLIN

Period of

Performance Description

Unit of

Measure

Quantity basic year/ times by year

Price/Unit Total

0003 Option Year 2

EYNF Stone House Pest Control Service

Option Year 2

11 Jan 2023 - 10 Jan 2024 month 12 $ $

0004 Option Year 3

EYNF Stone House Pest Control Service

Option Year 3

11 Jan 2024 - 10 Jan 2025 month 12 $ $

0005 Option Year 4

EYNF Stone House Pest Control Service

Option Year 4

11 Jan 2025 - 10 Jan 2026 month 12 $ $

0006 Emergency Call Emergency Calls Stone House Pest Control

Service each 1 $ $

0007 Base Award

EYNF Supervisor Office Pest Control Service

Base Award

11 Jan 2021 - 10 Jan 2022 month 12 $ $

0008 Option Year 1

EYNF Supervisor Office Pest Control Service

Option Year 1

11 Jan 2022 - 31 Dec 2023 month 12 $ $

0009 Emergency Call Emergency Calls Supervisor Office Pest Control

Service each 1 $ $

0010 Base Award

EYNF La Coca Falls Store Pest Control

Service

Base Award 11 Jan 2021 - 10 Jan 2022 month 12 $ $

0011 Option Year 1

EYNF La Coca Falls Store Pest Control Service

Option Year 1

11 Jan 2022 - 10 Jan 2023

CLIN

Period of

Performance Description

Unit of

Measure

Quantity basic year/ times by year

Price/Unit Total

0012 Option Year 2

EYNF La Coca Falls Store Pest Control Service

Option Year 2

11 Jan 2023 - 10 Jan 2024 month 12 $ $

0013 Option Year 3

EYNF La Coca Falls Store Pest Control Service

Option Year 3

11 Jan 2024 - 10 Jan 2025 month 12 $ $

0014 Option Year 4

EYNF La Coca Falls Store Pest Control Service

Option Year 4

11 Jan 2025 - 10 Jan 2026 month 12 $ $

0015 Emergency Call Emergency Calls La Coca Falls Store Pest

Control Service each 1 $ $

0016 Base Award

EYNF Water Treatment Plant Pest Control

Service

Base Award 11 Jan 2021 - 10 Jan 2022 month 12 $ $

0017 Option Year 1

EYNF Water Treatment Plant Pest Control

Service

Option Year 1 11 Jan 2022 - 10 Jan 2023 month 12 $ $

0018 Option Year 2

EYNF Water Treatment Plant Pest Control

Service

Option Year 2 11 Jan 2023 - 10 Jan 2024 month 12 $ $

0019 Option Year 3

EYNF Water Treatment Plant Pest Control

Service

Option Year 3 11 Jan 2024 - 10 Jan 2025

CLIN

Period of

Performance Description

Unit of

Measure

Quantity basic year/ times by year

Price/Unit Total

0020 Option Year 4

EYNF Water Treatment Plant Pest Control

Service

Option Year 4 11 Jan 2025 - 10 Jan 2026 month 12 $ $

0021 Emergency Call Emergency Calls Stone House Pest Control

Service each 1 $ $

0022 Base Award

EYNF Yokahu Tower & Bathroom Pest

Control Service

Base Award 11 Jan 2021 - 10 Jan 2022 month 12 $ $

0023 Option Year 1

EYNF Yokahu Tower & Bathroom Pest Control

Service

Option Year 1 11 Jan 2022 - 10 Jan 2023 month 12 $ $

0024 Option Year 2

EYNF Yokahu Tower & Bathroom Pest Control

Service

Option Year 2 11 Jan 2023 - 10 Jan 2024 month 12 $ $

0025 Option Year 3

EYNF Yokahu Tower & Bathroom Pest Control

Service

Option Year 3 11 Jan 2024 - 10 Jan 2025 month 12 $ $

0026 Option Year 4

EYNF Yokahu Tower & Bathroom Pest Control

Service Option Year 4

11 Jan 2025 - 10 Jan 2026

CLIN

Period of

Performance Description

Unit of

Measure

Quantity basic year/ times by year

Price/Unit Total

0027 Emergency Call Emergency Calls EYNF Yokahu Tower &

Bathroom Pest Control Service each 1 $ $

0028 Base Award

EYNF Palo Colorado Store & Bathroom Pest

Control Service

Base Award 11 Jan 2021 - 10 Jan 2022 month 12 $ $

0029 Option Year 1

EYNF Palo Colorado Store & Bathroom Pest

Control Service

Option Year 1 11 Jan 2022 - 10 Jan 2023 month 12 $ $

0030 Option Year 2

EYNF Palo Colorado Store & Bathroom Pest

Control Service

Option Year 2 11 Jan 2023 - 10 Jan 2024 month 12 $ $

0031 Option Year 3

EYNF Palo Colorado Store & Bathroom Pest

Control Service

Option Year 3 11 Jan 2024 - 10 Jan 2025 month 12 $ $

0032 Option Year 4

EYNF Palo Colorado Store & Bathroom Pest

Control Service

Option Year 4 11 Jan 2025 - 10 Jan 2026 month 12 $ $

0033 Emergency Call Emergency Calls EYNF Palo Colorado Store &

Bathroom Pest Control Service each 1 $ $

CLIN

Period of

Performance Description

Unit of

Measure

Quantity basic year/ times by year

Price/Unit Total

0034 Base Award

EYNF El Verde Historic House Pest Control

Service

Base Award 11 Jan 2021 - 10 Jan 2022 month 12 $ $

0035 Option Year 1

EYNF El Verde Historic House Pest Control

Service

Option Year 1 11 Jan 2022 - 10 Jan 2023 month 12 $ $

0036 Option Year 2

EYNF El Verde Historic House Pest Control

Service

Option Year 2 11 Jan 2023 - 10 Jan 2024 month 12 $ $

0037 Option Year 3

EYNF El Verde Historic House Pest Control

Service

Option Year 3 11 Jan 2024 - 10 Jan 2025 month 12 $ $

0038 Option Year 4

EYNF El Verde Historic House Pest Control

Service

Option Year 4 11 Jan 2025 - 10 Jan 2026 month 12 $ $

0039 Emergency Call Emergency Calls Stone House Pest Control

Service each 1 $ $

0040 Base Award

EYNF El Portal Building Pest Control Service

Base Award

11 Jan 2021 - 10 Jan 2022

CLIN

Period of

Performance Description

Unit of

Measure

Quantity basic year/ times by year

Price/Unit Total

0041 Option Year 1

EYNF El Portal Building Pest Control Service

Option Year 1

11 Jan 2022 - 10 Jan 2023 month 12 $ $

0042 Option Year 2

EYNF El Portal Building Pest Control Service

Option Year 2

11 Jan 2023 - 10 Jan 2024 month 12 $ $

0043 Option Year 3

EYNF El Portal Building Pest Control Service

Option Year 3

11 Jan 2024 - 10 Jan 2025 month 12 $ $

0044 Option Year 4

EYNF El Portal Building Pest Control Service

Option Year 4

11 Jan 2025 - 10 Jan 2026 month 12 $ $

0045 Emergency Call Emergency Calls EYNF El Portal Building Pest

Control Service each 1 $ $

0046 Base Award

EYNF Catalina Building Pest Control Service

Base Award

11 Jan 2021 - 10 Jan 2022 month 12 $ $

0047 Option Year 1

EYNF Catalina Building Pest Control Service

Option Year 1

11 Jan 2022 - 10 Jan 2023 month 12 $ $

0048 Option Year 2

EYNF Catalina Building Pest Control Service

Option Year 2

11 Jan 2023 - 10 Jan 2024 month 12 $ $

0049 Option Year 3

EYNF Catalina Building Pest Control Service

Option Year 3

11 Jan 2024 - 10 Jan 2025

CLIN

Period of

Performance Description

Unit of

Measure

Quantity basic year/ times by year

Price/Unit Total

0050 Option Year 4

EYNF Catalina Building Pest Control Service

Option Year 4

11 Jan 2025 - 10 Jan 2026 month 12 $ $

0051 Emergency Call Emergency Calls EYNF Catalina Building Pest

Control Service each 1 $ $

SECTION C - CONTRACT CLAUSES

This solicitation is being issued as a request for quotation (RFQ) IAW FAR Part 13.

This solicitation incorporates provisions and clauses in effect through Federal Acquisition

Circular (FAC) 2020-07 and Agriculture Acquisition Circular (AAC) 96-04.

CLAUSES INCORPORATED BY REFERENCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

https://www.acquisition.gov http://www.dm.usda.gov/procurement/policy/agar.htm

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

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

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

52.212-4 Contract Terms and Conditions - Commercial Items (JUL 2020)

Addenda to 52.212-4:

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

DEVIATION 2017-1 (AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40

U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly

American; and 41 U.S.C chapter 21 relating to procurement integrity.

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (SEP 2013)

52.228-5 Insurance – Work on a Government Installation (JAN 1997)

52.232-18 Availability of Funds (APR 1984)

52.232-19 Availability of Funds for Next Fiscal Year

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

(DEVIATION APR 2020) (31 USC 3903 and 10 USC 2307)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.244-6 Subcontracts for Commercial Items (JUN 2020) https://www.acquisition.gov/ http://www.dm.usda.gov/procurement/policy/agar.htm

52.249-4 Termination for Convenience of the Government (Services) (Short Form) (APR 1984)

CLAUSES INCORPORATED BY FULL TEXT

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

Orders – Commercial Items (OCT 2020) (DEVIATION JUL 2020)

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

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

2015)

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws

108-77 and 108-78 (19 U.S.C. 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 items:

[Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved].

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

Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Oct 2018) (41 U.S.C. 2313).

(10) [Reserved].

(11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15

U.S.C.657a).

[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.

(ii) Alternate I (Mar 2020) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer)

(15 U.S.C. 657a).

(ii) Alternate I (Mar 2020) of 52.219-4.

(13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15

U.S.C.644).

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

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

644).

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

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

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

(17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) of 52.219-9.

(18) (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

(19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

[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.

(20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C.

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

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Mar 2020) (15 U.S.C. 657f).

[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.

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (May

2020) (15 U.S.C. 632(a)(2)).

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

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

[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) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned

Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar

2020) (15 U.S.C. 637(m)).

[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.

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020)

(15 U.S.C. 644(r)).

(26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)

(DEVIATION JUL 2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

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

_X_ (32) (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.

(33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter

78 and E.O. 13627).

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

(36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(37) (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.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

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

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(40) (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.

(41) (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.

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42

U.S.C. 8259b).

(43) (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.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (Jun 2020) (E.O. 13513).

(45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

(48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

(49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014)

(DEVIATION JUL 2020) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19

U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-

42, and 112-43.

(ii) Alternate I (May 2014) of 52.225-3.

(iii) (ii) Alternate II (May 2014) (DEVIATION JUL 2020) of 52.225-3.

(iv) (iii) Alternate III (May 2014) of 52.225-3.

(50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C.

2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

(52) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302 Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov 2007) (42 U.S.C. 5150).

(55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

(56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

(41 U.S.C.4505, 10 U.S.C.2307(f)).

(57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41

U.S.C.4505, 10 U.S.C.2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (Oct 2018) (31 U.S.C. 3332).

(59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

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

(60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

(61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

(63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

(iii) Alternate II (Feb 2006) 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 items:

[Contracting Officer check as appropriate.]

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

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29

U.S.C. 206 and 41 U.S.C. chapter 67).

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

_Pest Controller, WG10 $25.50 per hour

_X_ (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).

http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3

_X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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 items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract

(except subcontracts to small business concerns) exceeds the applicable threshold specified in

FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

U.S.C.793).

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

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

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

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter

78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (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 (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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

13706).

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

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

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

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun

2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause

52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

52.213-2 Invoices (APR 1984)

The Contractor’s invoices must be submitted before payment can be made. The Contractor will be paid on the basis of the invoice, which must state—

(a) The starting and ending dates of the subscription delivery; and

(b) Either that orders have been placed in effect for the addressees required, or that the orders will be placed in effect upon receipt of payment.

52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The

Contracting Officer may exercise the option by written notice to the Contractor within 15 days.

52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 07 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months (5 years and 6 months, inclusive of the 6-month extension in accordance with FAR 52.217-8).

52.252-6 Authorized Deviations in Clauses (APR 1984)

(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 Department of Agriculture Regulations (48 CFR

4 ) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.211-74 Period of Performance (FEB 1988)

One (1) year after award with four (4) options years.

(End of Clause)

452.228-71 Insurance Coverage (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in

States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least

$200,000 multiplied by the number of seats or passengers, whichever is greater.

452.237-74 Key Personnel (FEB 1988)

The Contractor shall assign to this contract the following key personnel:

Maintenance Technician

Supervisor/Manager (Point of Contact)

(End of Clause)

LIMITATION OF SUBCONTRACTING

Performance under this contract requires that at least 50 percent of contract performance incurred for personnel, shall be expended on direct employees of the prime contractor.

452.246-70 Inspection and Acceptance (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at:

(1) El Yunque National Forest

Stone House

Road 191 KM 12.4

Rio Grande PR, 00921

(2) Temporary Supervisor Office (SO)

Crespo Building 3rd Floor

Road #3, KM 23.9

Rio Grande PR, 00745

(3) El Yunque National Forest

La Coca Falls store

Road 191 KM 8.1

Rio Grande PR, 00921

(4) El Yunque National Forest

Water Treatment Plant

Road 988 (Interception RD 191) KM 0.1

Rio Grande PR, 00921

(5) El Yunque National Forest

Yokahu Tower site & bathrooms

Road 191 KM 9.0

Rio Grande PR, 00921

(6) El Yunque National Forest

Palo Colorado store & bathrooms

Road 191 KM 12.0

Rio Grande PR, 00921

(7) El Yunque National Forest

El Verde Historic House, Garage (office space) & Ranger house

Road 191 KM 22.1

Rio Grande PR, 00921

(8) El Yunque National Forest

El Portal Building

Road 191 KM 4.2

Rio Grande PR, 00921

(9) El Yunque National Forest

Catalina Building

Road 191 KM 4.4

Rio Grande PR, 00921

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

52.211-73 Attachments to Statements of Work/Specifications (FEB 1988)

The attachments to the Statement of Work/Specifications are hereby made part of this solicitation and any resultant contract.

Attachment 01: Statement of Work (SOW, 6 pages): Pest Control Services – For three (3)

Buildings (offices) and six (6) field sites attached to the solicitation.

Attachment 02: Site Maps

Attachment 03: Service Contract Act WD # 2015-5708, Rev 14 (15 pages)

(End of Clause)

SECTION E - SOLICITATION PROVISIONS

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):

https://www.acquisition.gov http://www.dm.usda.gov/procurement/policy/agar.htm

52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial Government Entity Code Reporting (JUL 2016)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (OCT 2020)

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 Items. 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 https://www.acquisition.gov/ http://www.dm.usda.gov/procurement/policy/agar.htm telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August

13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It ☐will, ☐will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The

Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the

Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

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

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

and item description, as applicable); and

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

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

and item description, as applicable); and

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

(ii) For covered services—

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

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

52.212-1 Instructions to Offerors – Commercial Items (JUN 2020)

Addenda to provision 52.212-1:

To be considered for award, Offerors shall submit the following to Nestor Rivera Gonzalez via e-mail at nestor.riveragonzalez@usda.gov no later than the date and time shown in Block 8 of the solicitation:

(1) A signed SF-1449

(2) Completed Bid Schedule (Section B)

(3) Technical: Pest Control checklist to be used under the contract. Checklist shall identify all requirements to be covered in regular tasks and service.

(4) Completed Reps and Certs (unless completed in SAM)

• Fill in check boxes for provisions 52.204-24, 52.212-3 unless completed in SAM.

Copy and paste the completed provisions onto your company letterhead and included your DUNS number.

(5) Completed Contractor Information Section (see Section A, Administrative Information)

(6) A statement confirming that at least 50% of the cost of contract performance incurred for personnel, will be expended on direct employees of the prime contractor.

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

The Offerors shall submit their offer to Nestor Rivera Gonzalez, Purchasing Agent by email at nestor.riveragonzalez@usda.gov with a courtesy copy to the Contracting Officer Amelia Davila at amelia.davila@usda.gov by the response date and time in block 8 of the SF1449.