RFQ 12318724Q0303- USDA FS LEI R13 Zone 9 Vehicle Upfitting.pdf

United States Forest Washington Office 201 14th St, SW Department of Service Procurement & Washington, DC 20250 Agriculture Property Services

Caring for the Land and Serving People

COMBINED SYNOPSIS / SOLICITATION – Request For Quote (RFQ)

This is in accordance with Federal Acquisition Regulation (FAR) 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services” and FAR 13.5, “Simplified Procedures for Certain Commercial Products and Commercial Services.”

U.S. Forest Service Washington Office - Law Enforcement and Investigation Vehicle Upfitting

1.Action Code: Not Applicable.

2.Date: 5 June 2024

3. Contracting Office Zip Code: 20024

4.Product or Service Code (PSC): 2590 — Miscellaneous Vehicular Components

5.Contracting Office Address:

U.S. Forest Service, National Contracts Branch Sidney R. Yates Federal Building 201 14th Street Southwest Washington D.C. 20024

7. Subject: Forest Service Law Enforcement vehicle upfitting, including pickup from and delivery back to Forest Service listed addresses.

8. Proposed Solicitation Number: 12318724Q0303

9. CLOSING RESPONSE DATE: 28 June 2024, 5:00PM Eastern Daylight Time (EDT)

10. Contact Point(s) or Contracting Officer(s):

POINT(S) OF CONTACT

Primary: Mr. Drackus Thomas, Ms. Nicole Green, Contracting Officer, Contract Specialist, National Contracts Branch (NCB) U.S. Forest Service, Texas

National Contracts Branch (NCB), National Procurement Operations (NPO), Procurement & Property Services (PPS) U.S. Forest Service, Washington D.C.

Drackus.thomas@usda.gov

Nicole.Green2@usda.gov

All Offeror or Quoter communications shall be directed to the above cited individuals via e-mail, in the order indicated.

mailto:Drackus.thomas@usda.gov mailto:Nicole.Green2@usda.gov

RFQ: 12318724Q0303

U.S. Forest Service Law Enforcement & Investigation

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PRE-QUOTE QUESTIONS

All relevant Offeror Questions must be provided on the Written Form enclosed as ATTACHMENT 5, “Question Form.” This Form shall be directed to Mr. Drackus Thomas, Contract Specialist, at this electronic mail address: Drackus.thomas@usda.gov. These Written Questions all have a submittal deadline of no later than 5:00PM, Eastern Daylight Time (EDT), on Friday, 21 June 2024.

This is prior to the Quote Deadline for this acquisition. It is the responsibility of the Offeror to ensure that the Forest Service, on or prior to 5:00PM EDT, 21 June 2024, receives any Offeror Questions.

Both Questions and Answers may be shared with all Offerors, in writing, without attribution. As a result of Questions submitted by Offerors, the Forest Service may issue an Amendment to this Request For Quote. Questions submitted after 21 June 2024 will not be answered. Likewise, Questions not submitted on ATTACHMENT 5 will not receive a reply. Telephone Call Questions from Offerors will not be accepted, either.

11. Contract Award and Solicitation Number: The Solicitation Number is:

12318724Q0303. The Contract Award Number is: To Be Determined.

12. Contract Award Dollar Amount is: To Be Determined.

13. Line Item Number: A Contract Line will be established for each Forest Service Item and Delivery Location. Anticipated Contract Line Items are contained in ATTACHMENT 1, “Schedule of Items.”

14. Contract Award Date: Expected Award Date is 3 July 2024. The effective period of the proposed contract will be 120 days from Contract Award Date.

15. Contractor: To Be Determined.

16. Description: Please refer to the paragraphs below:

The U.S. Forest Service Law Enforcement & Investigation Program is seeking to upfit current various types of duty vehicles in accordance with Forest Service Law Enforcement National Standards and Specifications. The Contractor will provide all parts and material along with picking up the duty vehicles from various National Forest locations listed. The upfitting will take place at the contractors determined location, and once work is completed the vehicle will be returned to the listed Forest Service delivery address by a predetermined, mandatory delivery date.

Please refer to Request For Quote (RFQ) ATTACHMENT 2, “Statement of Work,” and RFQ ATTACHMENT 3, “LEI Marking and Decals” for further details.

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The proposed equipment will be used in support of Federal Government Law Enforcement activities. The USDA Forest Service Law Enforcement Region 13 Zone 9 serves as the Central Ordering Office for the Forest Service Law Enforcement & Investigation National Fleet in the Continental United States. The Contractor is responsible for the performance of all Inspection requirements and Quality Control.

The Forest Service is seeking Free On Board (FOB) Destination Pricing, unless otherwise specified in the Contract. An Offeror shall complete the RFQ ATTACHMENT 1, “Schedule of Items,” with its proposed pricing for the work.

The anticipated Delivery Date of the Upfitted Law Enforcement Duty vehicle, built according to USDA Forest Service Law Enforcement Specifications, will be no later than 120 days from date of award or notice to proceed. Forest Service Destination Information or Delivery Addresses are identified in RFQ ATTACHMENT 4, “Delivery Addresses LEI Vehicle Upfit.” (These locations may be subject to change based on unforeseen circumstances, such as inclement weather, Fire conditions, etc.).

The Forest Service intends to award a Firm Fixed Price Contract resulting from this notice to the responsible Offeror whose Quotation conforming to the RFQ is the most advantageous to the Forest Service, as outlined in FAR 52.212-1 and FAR 52.212-2, below.

17. Place(s) of Contract: As previously mentioned, the RFQ ATTACHMENT 4 provides a list of the Delivery locations. Government Inspection, Government Acceptance and FOB Point shall be: DESTINATION.

18. Set-aside Status: This is a Total (100%) Small Business Set Aside.

i. This is a Combined Synopsis/Solicitation for Commercial Items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This Announcement constitutes the only Solicitation. Quotes are being requested and a written Solicitation will not be issued, other than this document. FAR provision 52.212-1, “Instructions to Offerors – Commercial Products and Commercial Services,” applies to this acquisition.

ii. Competitive quotes are being requested under this Forest Service RFQ Number:

12318724Q0303.

iii. This Combined Synopsis/Solicitation document and incorporated PROVISIONs and

Clauses are those in effect through Federal Acquisition Circular (FAC) 2024-05, effective 22 May 2024, except for Items I though III, which are effective 26 May 2023.

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iv. Again, this is a Total (100%) Small Business Set Aside. A "set-aside for small business" is the limiting of an acquisition exclusively for participation by Small Business concerns.

The North American Industry Classification System (NAICS) Code applicable to this acquisition is: 336320. The Small Business Size Standard, in Number of Employees, is:

1,000.

v. Schedule of Items/Price Schedule: Please refer to RFQ ATTACHMENT 1. Offeror shall complete ATTACHMENT 1, for all equipment and services it proposes to provide in response to this RFQ. Offeror should ensure that FOB Destination Shipping Costs are included in the Pricing. To be considered acceptable and eligible for award, Quotes must be provided for all the Items and Quantities listed in the Schedule of Items. The Forest Service will not consider Quotes or Offers for partial items or quantities.

vi. Description of Requirement. Please refer to Paragraph 16, above.

vii. Date(s) and Place(s) of Delivery and Acceptance/Location: Please refer to RFQ ATTACHMENT 4 for Forest Service Delivery locations. (These locations may be subject to change based on unforeseen circumstances such as inclement weather, Fire conditions, etc.). All Items must be delivered by stated Delivery Date. Delays beyond this time frame will only be considered with at least sixty (30) days advanced notification from the vendor and must be approved and accepted through a Contract Modification issued from the Contracting Officer. No other person or entity is authorized to modify or change the Delivery Date other than the Contracting Officer. Only bona fide USDA or Forest Service employees are authorized to accept delivery of items.

viii FAR 52.212-1 - Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023) (PROVISION)

Addenda to provision FAR 52.212-1:

For this acquisition, the words “quote” or “quoter” is used interchangeably with the words “offer” or “offeror.”

Addenda to FAR provision 52.212-1 Paragraph (b), “Submission of Offers”:

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

2) Offers submitted in response to this solicitation shall include a Technical Proposal, a Price Proposal, and Contractor Representations and Certifications.

A. TECHNICAL PROPOSAL – The Technical Proposal shall address the Evaluation

Factors in FAR 52.212-2. At a minimum, the Technical Proposal shall include:

https://www.sam.gov/SAM/

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Technical Capability – As a minimum, please provide a list of equipment and relevant key personnel (with qualifications) that will be used to complete this project. The information provided should address the specification requirements in RFQ ATTACHMENT 2 and

ATTACHMENT 3.

Relevant Past Performance – Please provide a list of similar projects completed by your firm over the past three (3) years. Include a brief description of the project, dollar amount, year completed, and project owner contact information (name, phone, and email) Please refer to RFQ ATTACHMENT 6. The Government may use Past Performance information from any available source. If a company does not have Past Performance information available, information may be provided for predecessor companies, key personnel, or subcontractors. In the event that there is no Past Performance Information available, the Offeror will receive a Neutral Rating in this Factor.

B. PRICE PROPOSAL – Please include the following: 1) the completed Schedule of Items (RFQ ATTACHMENT 1) from Paragraph (v) of this solicitation, and 2) Acknowledgement of any Amendments to this solicitation by following the instructions that accompany the Amendment(s).

Commercial Warranty: If available, provide the terms and length of the Workmanship and/or Manufacturer Warranty on the products(s) and/or Services proposed included in the proposed purchase price.

C. REPRESENTATIONS AND CERTIFICATIONS – Please Fill in or check the boxes for provisions FAR 52.204-24, FAR 52.209-7, and FAR 52.212-3, found in Paragraph (x) of this solicitation and include a copy of these Representations and Certifications with your offer.

Please submit your Offer by email to Mr. Drackus Thomas at Drackus.thomas@usda.gov so that it is delivered into the cited e-mail inbox by 28 June 2024, 5:00PM Eastern Daylight Time (EDT). T h e O f f e r Email should contain three (3) separate attachments (TECHNICAL PROPOSAL, PRICE PROPOSAL, and the Offeror’s REPRESENTATIONS AND CERTIFICATIONS) in Microsoft Word, Microsoft Excel, and/or Adobe PDF format.

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Please be advised that large attachments may increase the time required to deliver an email.

Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in this solicitation. It is the Offeror’s responsibility to confirm Mr. Drackus Thomas’ timely receipt of the offer.

Please address any questions about this solicitation to Mr. Drackus Thomas at Drackus.thomas@usda.gov by 21 June 2024, 5:00PM Eastern Daylight Time (EDT) on the mandatory Form, ATTACHMENT 5, RFQ Question Form.

Addenda to provision FAR 52.212-1, Paragraph (f) Late submissions:

Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. Accordingly, FAR 52.212-1 (f)(2)(i), Paragraphs A, B, and C are deleted for this acquisition.

(ix) FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV

2021) (PROVISION)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1 – Technical Proposal

I. Technical Capability – Please provide a Detailed Narrative describing the vendor’s expertise in upfitting emergency vehicle to include marked and unmarked Law Enforcement vehicles. T h i s Narrative should include a list all relevant certifications and registrations. The Detailed Narrative should describe the vendor’s capability to provide a Upfitted Law Enforcement vehicle in accordance with Forest Service specifications. The Technical Proposal shall address the Specifications under RFQ ATTACHMENT 2, “Statement of Work,” and RFQ ATTACHMENT 3, “LEI Marking and Decals”. Please provide a list of equipment and key personnel (with qualifications), if applicable.

II. Relevant Past Performance – Vendors shall provide at least one (1) Past Performance

References with requirements of similar size and cost; adherence to delivery schedule and pricing structure. Please refer to ATTACHMENT 6, Past Performance Questionnaire.

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Factor 2 – Price

Offerors shall propose fully-loaded, firm fixed pricing for all items in the Schedule of Items/Price Schedule (ATTACHMENT 1). For unit price items, ensure the estimated quantity multiplied by the unit price (proposed) equals the extended price exactly. The Offeror must propose on all line items to be considered responsive.

The Evaluation Factors Other Than Cost or Price, are in descending order of importance, and when combined, are Significantly More Important than Cost or Price.

(a) The Technical response and Price Proposal are two separate, distinct documents. All vendors shall submit a technical proposal to respond to the issued specification. No pricing information is to be included in the technical document. All technical proposals submitted with pricing in the technical document will be rejected. All price proposals submitted with no technical response will be rejected. Vendors shall greatly minimize the use of exclusions in their Proposal.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

(x) REPRESENTATIONS AND CERTIFICATIONS (Please complete highlighted items in this section and return with your Offer).

VENDOR NAME:

VENDOR UNIQUE ENTITY IDENTIFIER (UEI):

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (PROVISION)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in

Caring for the Land and Serving People 8 paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

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

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

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

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

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

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

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

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(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.

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(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.

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FAR 52.209-7 Information Regarding Responsibility Matters (OCT 2018) (PROVISION)

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (May 2024) (DEVIATION DEC 2022) (DEVIATION NOV

2022) (PROVISION)

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

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 https://www.sam.gov/ https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550

Caring for the Land and Serving People 13 is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

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

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

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

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(xi) FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (Nov 2023) (DEVIATION 2017-1)

(xii) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (MAY 2024)

(DEVIATION 2017-1, DEVIATION DEC 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.

115- 91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.3903 and 10 U.S.C. 3801)

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876 https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

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

[Contracting Officer check as appropriate.] ☒ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with

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

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

3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☒ (4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1)

☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

☒ (8) 52.209-6, 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 (Oct 2022) (15

U.S.C.657a).

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

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

☐ (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 2022) (15 U.S.C. 637(d)(2) and

(3)).(DEVIATION DEC 2022)

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).

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

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

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

☐ (v) Alternate IV (Sep 2021) of 52.219-9.

https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

Caring for the Land and Serving People 15

☐ (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 (Oct 2022) (15 U.S.C.637s) [Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

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

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

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

☐ (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 (Oct 2022) (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 (Dec

2022) (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).

Caring for the Land and Serving People 16

☐ (36) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

☐ (ii) Alternate I (Oct 2022) of 52.225-1 ☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (19

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

chapter 29 (sections 4501-4732), Public Law. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

☐ (ii) Alternate I [Reserved] ☐ (iii) Alternate II (dec 2022) of 52.225-3 ☐ (iv) Alternate III (Jan 2021) of 52.225-3.

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

Caring for the Land and Serving People 17

☐ (50) 52.225-5, Trade Agreements (Dec 2022) (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. Subtitle A, Part V, Subpart G 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 Products and Commercial Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.3805).

☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial

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

☒ (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) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

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

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

Contracting Officer check as appropriate.] ☐ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☐ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

Caring for the Land and Serving People 18

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

Employee Class

Monetary Wage/Fringe Benefits

To Be Determined

☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

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

U.S.C. 1792).

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract.

Caring for the Land and Serving People 19

If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

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

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor PROVISIONs in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

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

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

U.S.C.793).

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

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

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

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

(xiii) (A) 52.22222 U.S.C. chapter 78 and E.O 13627).-50, Combating Trafficking in

Persons (Nov 2021) (

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

Caring for the Land and Serving People 20

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

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

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

(Jan 2022).

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

13706).

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G 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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801)

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

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

xiii) Additional Requirements/Terms and Conditions

Clauses:

FAR 52.203-3 Gratuities (APR 1984)

FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

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

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

Caring for…