PFCSurveyCombSyn.pdf

1240LN22Q0044– Properly Functioning Condition Surveys

Medora Ranger District, Dakota Prairie Grasslands

Solicitation Issue Date June 3, 2022

1240LN22Q0044 – Properly Functioning Condition Surveys, Dakota Prairie Grasslands

Billings County, North Dakota

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

FAR Subpart 12.6 and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

This solicitation is issued as a Request for Quotation.

The solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular 2022-06

This procurement is set aside for 100% Small Business. The NAICS code is 541360 – Geophysical Surveying and

Mapping Services and the Small Business Size Standard is $16.5 Million.

Quotations are due June 17, 2022 at 5:00 p.m. and can be electronically mailed to Cristi Heaney, Contract Specialist, cristina.heaney@usda.gov.

For information regarding this project, inquiries may be submitted by e-mail to the Contract Specialist’s e-mail address listed above.

Per FAR 4.1102, Vendor shall be registered and showing as ACTIVE at the time the quotation is received.

The Government anticipates awarding a firm-fixed priced contract as a result of this Request for

Quotation.

Period of Performance for this project: August 1, 2022 to January 31, 2023 mailto:cristina.heaney@usda.gov

PROPER FUNCTIONING CONDITION SURVEYS

ON THE DAKOTA PRAIRIE GRASSLANDS

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS SCHEDULE OF ITEMS

B.1 SCHEDULE OF ITEMS: Proper Functioning Condition Surveys of streams on The Dakota Prairie Grasslands;

(Little Missouri National Grassland), Medora Ranger District, Billings, Slope, and Golden Valley Counties, North

Dakota.

ITEM DESCRIPTION

MEASUREMENT

QTY

UNIT TOTAL

METHOD* UNIT** PRICE PRICE

TASK 1 Work Plan LSQ LS 1 $ XX.XX $

TASK 2 PFC Field Survey work

N1/2 AQ Miles 240 $ XX.XX $

***TASK 3 *** Additive/Optional PFC

Field Survey work S1/2 AQ Miles 170 $ XX.XX $

TASK 4 Final Report/GIS

Deliverable

LSQ LS 1 $ XX.XX $

TOTAL PRICE: $

***TASK 3 is an additive/optional item. It will determined by the government at time of award whether this line item will be included in the award.

Full Business Name UEI Number Address

Telephone Number Signature

Email

Date

*DESIGNATED METHOD OF MEASUREMENT **PAY UNIT ABBREVIATIONS

LSQ --- Lump Sum Quantity LS ----- Lump Sum

AQ-------Actual Quantity MILES---Miles of stream

SPECIFICATIONS:

Proper Functioning Condition Survey —Medora District, Dakota Prairie National Grasslands

Statement of Work

The contractor will conduct “Proper Functioning Condition” (PFC) surveys on intermittent and perennial streams on

USFS property in summer and autumn 2022. The project area is defined as National Forest Systems lands designated as the Medora District of the Dakota Prairie National Grasslands in Billings, Golden Valley and Slope counties, North

Dakota.

Field work is to begin by August 1, 2022 and finish by October 31, 2022. A final report will be written as requested in

Report Requirements. The final report and other deliverables are due by January 31, 2023.

Locations

PFC surveys will be conducted on up to 450 linear miles of intermittent and perennial streams, excluding the streams found in the 1011 0203 0409 (Magpie Creek), 1011 0205 0101 (Scairt Woman Draw), 1011 0203 0409 (Lower Deep

Creek), 1011 0203 0407 (Upper Deep Creek) and the 1011 0203 0404 (Upper West Fork Deep Creek) HUC12 subwatersheds (see Error! Reference source not found. for map of streams to be surveyed). All stream reaches are within the Little Missouri Grasslands, Medora Ranger District.

Government-Furnished Property and Services

The Government will supply a paper copy of the Visitors Map and a set of topographic maps. The Government has designated the streams to be surveyed and will provide a shapefile. The government will also provide a shapefile of allotments and data from the previous survey. The Government will authorize a permit of off-road use. The contractor shall provide the necessary personnel, equipment (including vehicles), materials, services, refences, forms, and facilities to perform the Statement of Work.

Contractor Qualifications

The offeror shall submit with their offer a statement of their professional qualifications and the qualifications of any other person(s) employed to accomplish the Statement of Work. The offeror’s statement should include information concerning appropriate academic degrees and training and experience in PFC condition surveys. The following criteria may be used for contractor selection.

• B.S., M.S., or PhD. In geology, soil science, hydrology, zoology, biology, range science or related field experience.

• One of more field seasons of experience in conducting PFC inventory.

• One or more field seasons experience as principal investigator on a PFC inventory project.

• Prior Experience/Past Performance: Quality of work: evaluated by compliance with contract requirements, accuracy of reports, and customer satisfaction.

• Timeliness of Performance: evaluated by success of meeting project timelines, responsiveness to technical direction, timely provision of deliverables, adherence to contract schedules.

• Cost Control: evaluated by ability to perform within budget, accurate and timely billing.

Evaluation Criteria

All quoters must submit the following in response to the solicitation:

• a description of their academic qualifications and relevant field experience,

• a detailed proposal of how they would accomplish the survey,

• the name, education, and specialties of all interdisciplinary team members that would conduct field work,

• a listing of the dates that the bidder would do field work,

• and the cost to compete the project utilizing the Schedule of Items table on page 2 of this solicitation.

The Government may reject any or all quotes, issue orders to other than the lowest quote, and waive minor informalities or irregularities in quotes received. If necessary, the Government may conduct discussion with any or all quoters. The successful quoter will be selected based on analysis of quote package. Contractors will be evaluated against the following criteria. The evaluation factors listed below, when combined, are of equal importance to price.

1. Past Performance: provide references and phone numbers for your last three jobs similar to the work called for in this solicitation.

2. Experience: Provide information showing the experience of your company all types of work).

3. Key Personnel: Provide the names and qualifications of key individuals you will use on this project.

Investigative Purpose

This survey’s purpose is to monitor changes in riparian conditions on intermittent and perennial streams on the Medora

Ranger District, as described in the Locations section above. These data will be used to help direct livestock management, prescribed burning, and watershed-habitat enhancement projects in future years.

Projected Productivity

A ten-person crew of contractors preformed similar work in 2012 on the Medora Ranger District, covering 398 linear miles, in 23 field days. Additional time was needed for planning, training, travelling, and report writing.

A nine-person crew of contractors performed similar work in 2016 on the Grand River Ranger District, covering 173 miles, in 25 days. Additional time was needed for planning, training, travelling, and report writing.

These facts are supplied solely as an informational aid to potential contractors.

Field Surveys

The field season for the PFC surveys is defined as the period from August 1 through October 31, 2022. The USDA Forest

Service does not control access to private lands, and no right of access to private lands is hereby given, nor should a right to access private lands be inferred.

Survey Requirements:

• Surveys will be conducted by a team (of at least two people) walking the entire length of selected riparian areas.

Team members will be journey-level resource specialists with expertise in biology, botany, hydrology, and soils.

• Contractor will specify each stream segment using Proper Functioning Condition (PFC) protocol (See TR 1737-

15 2015 Riparian Area Management Proper Functioning Condition Assessment for Lotic Areas). This source may be accessed online: https://www.blm.gov/documents/national-office/blm-library/technical-reference/riparian-area-management.

• PFC survey reaches will be recorded in an ArcMap compatible shapefile, with attributes noting the survey date, ID Team members, Riparian Area ID, Reach ID, PFC Rating, Reach Length, and starting and end point of each stream segment.

• Contractor will record all cold-water seeps, ground water discharges or spring, and stream segment start and stop points, using GPS technology and provide these in an ArcMap compatible shapefile noting the date, Riparian

Area ID, Reach ID, and Feature Description.

• Contractor will record all photo points using GPS technology and provide these in an ArcMap compatible shapefile, with attributes noting photo date, photo ID, Riparian Area ID, Reach ID, and Upstream or Downstream direction. The contractor will classify each selected stream for the following variables, if variables vary substantially by stream reach within a given system, the contractor will note and discuss such variability:

o instream cover: the relative quantity and variety of natural instream structures, such as fallen trees, logs, branches, large rocks, and undercut banks that are available for refugia, feeding, or spawning of fish.

(Note: the most common instream cover in the study area is likely to be undercut banks). Classifications will include:

▪ “optimal”—such habitat is available along more than 50% of the stream’s length

▪ “sub-optimal”—such habitat is available along 31-50% of the stream’s length

▪ “marginal”—such habitat is available along 11-30% of the stream’s length

▪ “poor”—such habitat is available along less than 11% of the stream’s length o embeddedness: the extent to which rocks, and gravel (gravel, cobbles, boulders) are covered or sunken into the silt, sand, or mud of the stream bottom (Note: many of the selected streams in the study area will not have gravel, cobble, or boulder bottoms. This variable would only be relevant where such substrate is present.). Classifications will include:

▪ “optimal”—gravel, cobble, and boulder particles are between 0-25% surrounded by fine sediment

▪ “sub-optimal”—gravel, cobble, and boulder particles are between 26-50% surrounded by fine sediment

▪ “marginal”—gravel, cobble, and boulder particles are between 51-75% surrounded by fine sediment

▪ “poor”—gravel, cobble, and boulder particles are more than 75% surrounded by fine sediment o stream bank conditions—the extend to which erosion is occurring or has the potential to occur. Steep banks are more likely to collapse and suffer from erosion and therefore are considered unstable. Signs of erosion include crumbling, unvegetated banks, exposed tree roots, cattle trails, and exposed soils.

Classifications will include:

▪ “optimal”—banks stable, no evidence of erosion or bank failure

▪ “sub-optimal”—banks moderately stable, infrequent small areas of erosion mostly healed over

▪ “marginal”—moderately unstable, up to 50% of banks have areas of erosion

▪ “poor”—unstable, many eroded areas, “raw” areas frequent, 51-100% of the bank has erosional scars o bank vegetative conditions: the amount of stream bank that is covered by vegetation. Classification will include:

▪ “optimal”—more than 90% of the stream bank is covered in vegetation

▪ “sub-optimal”—71-90% of the stream bank is covered in vegetation

▪ “marginal”—51-70% of the stream bank is covered in vegetation

▪ “poor”—less than 50% of the stream bank is covered in vegetation o extent of grazing pressure: the extent of grazing impacts and its effects o streamside vegetation and instream pools. Classifications will include:

▪ “optimal”—disruption from cattle grazing is minimal or not evident, almost all plants are allowed to grow naturally, little evidence of manure accumulation, little trampling near instream pools https://www.blm.gov/documents/national-office/blm-library/technical-reference/riparian-area-management https://www.blm.gov/documents/national-office/blm-library/technical-reference/riparian-area-management

▪ “sub-optimal”— disruption from cattle grazing is evident but is not affecting plant species composition and had only moderate impacts on stubble height, only scattered manure present, instream pools are being used by cattle but are not significantly impacted

▪ “marginal”—disruption from cattle grazing is obvious, patches of bare soil or closely cropped vegetation areas common, only 50-25% of the potential stubble height is remaining, grazing is affecting plant species composition, manure accumulation is common, cattle are using instream pools and having significant impacts on pool vegetation and water quality

▪ “poor”—disruption from grazing of stream banks vegetation is very high, patches of base soil or closely cropped vegetation are common, less than 25% of the potential stubble height is remaining, grazing of affecting plant species composition, manure accumulation is very high, cattle are using instream pools and having severe impacts on pool vegetation and water quality o stream class: stream reaches typed will be identified based on flow regime, geomorphology, vegetation and professional opinion. Classifications will include:

▪ “ephemeral”—has flowing water only during, and for a short duration after, precipitation events in a typical year. Stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow.

▪ “intermittent”— has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow.

▪ “perennial”— has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow.

• GPS data must be accurate to within 1-2.5 meter and be compatible with ArcGIS products. Data dictionaries that allow sufficient data entry must be used.

Report Requirements

After the field season start date, the contractor shall provide bi-weekly reports in the form of email addressed to the

Contracting Officer Representative and District Contact. At a minimum, these bi-weekly reports shall include a description of where, how, and when PFC surveys were conducted and any problems encountered.

By November 30, 2022, the contractor shall submit to the Contracting Officer Representative (COR) a draft report for review. The Forest Service shall return comments on the draft report by December 31, 2022. The contractor will submit their final report in both hard copy and electronic format (MS Word), by January 31, 2023. At a minimum, the draft and final reports shall contain:

• An introduction summarizing the purpose of the project.

• A description of the survey areas, methods, and techniques used. The results section giving the location (in both

UTM coordinates and legal description) of each stream segment start and end points; PFC ratting, and notes justifying that rating.

• A discussion section comparing existing and historic PFC data for each stream segment.

• Maps (USGS 7.5-degree topographic quads or acceptable alternatives) indicating PFC rating and Reach IDs.

• Photos of stream segments used to illustrate ratings or show specific issues related to riparian resources.

• An appendix containing a copy of field notes, PFC survey sheets, and ratings of instream cover, embeddedness, stream bank condition, bank vegetative conditions, and extend of grazing pressure.

52.212-1 Instructions to Offerors – Commercial Items (NOV 2021) (Provision)

Addenda to provision 52.212-1:

Those who are interested in submitting a quotation shall provide the following:

- Completed Schedule of Items.

- Outline of active contracts.

- Description of work plan demonstrating ability to accomplish this project in conjuncture with other current contracts.

- Completed Provisions.

- Completed Experience Questionnaire.

- Resume of Personnel reflecting similar type work performed in the past five (5) years.

- Acknowledgement of future amendments to this solicitation if applicable, which will be issued on an SF-30 Amendment of Solicitation.

52.212-2 Evaluation – Commercial Items (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: Price, past performance, experience and key personnel. The nonprice evaluation factors listed, when combined, are of equal importance to price.

52.212-3 Offeror Representations and Certifications – Commercial Items (NOV 2021)

(DEVIATION JUL 2020) (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 Items, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:

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

(2)The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR

52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on

SAM.]

52.212-4 Contract Terms and Conditions – Commercial Items (NOV 2021)

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.

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

Items (JAN 2022) (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 (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) 52.233-3, 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 (Nov 2021) (41 U.S.C. 3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010)

(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☒ (4) 52.204-10, 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. (Nov 2021) (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 (Sep 2021) (15 U.S.C.657a).

☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (13) [Reserved]

☒ (14) (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.

☐ (15) (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.

☐ (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 (Nov 2021) (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.

☐ (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 (Sep 2021) (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 (Sep2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15

U.S.C. 657f).

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (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 (Sep 2021) (15 U.S.C. 637(m)).

☐ (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 (Sep 2021) (15 U.S.C. 637(m)).

☐ (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 (Sep 2021) (15 U.S.C. 637(a)(17)).

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

☒ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (DEVIATION JUL 2020)

(E.O.13126).

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

☒ (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.

☒ (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).

☒ (35) (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).

☐ (36) 52.222-54, Employment Eligibility Verification (Nov 2021). (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.

☒ (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 (Nov 2021) (41 U.S.C. chapter 83).

☒ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (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 (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (iv) (iii) Alternate III (Jan 2021) 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).

☐ (51) 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).

☐ (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 (FEB 2021).

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Nov 2021) (41 U.S.C.4505, 10

U.S.C.2307(f)).

☐ (57) 52.232-30, Installment Payments for Commercial Items (Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☒ (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 (Nov 2021) (46U.S.C. Appx.

1241(b) 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 items: 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

____WG-9 Step 4 _________ $29.24/HR____________________________

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

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

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29

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

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

☒ (7) 52.222-55, Minimum Wages 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 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 (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)).

(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) 52.219-8, 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 (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 (Nov 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (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 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 (Nov 2021) (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.

Additional Clauses:

52.203-3 Gratuities (APR 1984)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (JUN 2020)

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

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

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

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

52.245-1 Government Property (SEP 2021) Alt 1 (APR 2012)

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses:

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

Department of Agriculture Acquisition Regulation (AGAR) Clauses:

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

Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.252-6 Authorized Deviations in Clauses (NOV 2020)

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

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

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.204-70 Modification for Contract Closeout (OCT 2021)

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

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature.

(The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

Provisions:

52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial and 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 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.

(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.

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services

(NOV 2021) (DEVIATION JUL 2020) (Provision)

[If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial

Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:]

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs

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

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

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876

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.