RFQ 1240LN23Q0073 DPG Cultural Surveys.docx

Request for Quotes 1240LN23Q0073 Cultural Resource Inventory and Documentation Dakota Prairie Grasslands, Medora Ranger District Billings and McKenzie Counties, North Dakota

Solicitation Issue Date August 15, 2023

Requirement: The Dakota Prairie Grasslands Medora Ranger District has a requirement for multiple cultural resources surveys.

Method of Solicitation: Request for Quotation (RFQ).

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

The solicitation and incorporated provisions and clauses are those in effect through the most current Federal Acquisition Circular FAC 2023-05.

Responsible sources may submit a quotation which, if timely received, shall be considered by this agency. Per FAR 4.1102, Vendor shall be registered and showing as ACTIVE at the time the quotation is received.

North American Industry Classification (NAICS): 712120 – Historical Sites and the Small Business Size Standard is $13 million.

Set Aside: 100% small business set-aside.

Period of Acceptance for Quotes: The quoter agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers unless another time period is specified in an addendum to the solicitation.

Period of Performance: The period of performance of this contract is tentatively from September 1, 2023 through January 31, 2024. Final dates will be determined at award.

General Information: The intent of this solicitation is to obtain quotes for heritage survey services. See below for complete project description. The Government anticipates awarding a firm-fixed priced contract as a result of this Request for Quotation.

Provide quote by: 4:00 PM, Mountain Standard Time on August 25, 2023.

NOTE: FAR Part 13 will be utilized to accept valid quotes as per the specifications, terms and conditions of the solicitation, and the government reserves the right to review any and all quotes received, regardless of date, prior to making a final award decision.

DOCUMENTS TO RETURN:

The following documents shall be submitted by the quoter for evaluation to be considered responsive:

· Schedule of Items

· Experience Questionnaire or a document demonstrating recent and relevant experience in respect to the size and scope of this project.

· Acknowledge Amendments (per the instructions in Block 11 on the SF-30) if applicable.

Send questions and quotes to Kimberly Hamil, Purchasing Agent, at Kimberly.hamil@usda.gov

Contents

SCHEDULE OF ITEMS

Line Item 001:

PROJECT: Pastures 4 & 6 Juniper

Class I Inventory

Line Item 002 PROJECT: N Tracy Mtn Juniper

Class I Inventory

Line Item 003 PROJECT: Magpie Juniper

Class I Inventory

*NOTE: Contractors are not required to quote on each Project. Separate awards may be made from this Request for Quotes.

Price quotation furnished by:

Name:

Phone:

Address:

Email:

SAM UEID:

Signature/Date of Quote:

DESCRIPTION OF WORK and PROJECT LOCATIONS Line Item 001: PROJECT: McKenzie Pastures 4 & 6 Juniper Project Location The Pastures 4 & 6 Juniper Project is 1736 acres in size located in in McKenzie County on the McKenzie Ranger District of the Dakota Prairie Grasslands within T145N R102W Sections 19, 20, 21, 22, 28, 29, 30 & 31, T145N R103W Sections 13, 24 & 25 Maps of the project area will be included.

Road access is limited, and contractors may not have direct vehicle access to all survey areas. Use of all-terrain vehicles will only be allowed as authorized in writing by the District Ranger.

Cultural Resource Inventory and Documentation

1) Perform a Class I Inventory (Background Research) for the approximately 1736-acre area, wherein juniper treatment may occur (project area). This will be completed in coordination with the Little Missouri River National Grassland archaeologist prior to the commencement of fieldwork and will include a records search at the State Historical Society of North Dakota. Spatial data (shapefiles) including resource boundaries and previous inventory can be provided by the Grassland Archaeologist during the Class I. Some Class I information may still require digitization; however, most of records available at the State Historical Society of North Dakota are available through our agency by request, on a case-by-case basis. Results of the records search will inform the Class III inventory. Portions of the project area that have been previously inventoried may be excluded from the current inventory at the discretion of the zone archaeologist, provided the methods utilized during the inventories are consistent with the current project needs.

2) Perform a Class III cultural resource inventory of the project area (map attached) including pedestrian survey and limited shovel testing. The inventory will meet the Dakota Prairie Grasslands (DPGs) standards for survey, which are consistent with the North Dakota State Historic Preservation Office (SHPO) guidelines, as agreed upon in the existing programmatic agreement between The DPG and SHPO.

Document any newly identified cultural resources, and revisit any previously recorded cultural resources within the project area to perform site updates consistent with current DPG and SHPO standards. Confirm the mapped boundaries of previously recorded resources using GPS.

Complete site forms (NDCRS) for all newly recorded resources, and site form updates for revisited resources. Any North Dakota Cultural Heritage Forms would require participation from a Tribal Historic Preservation Officer or Tribal Cultural Specialist (with delegated authority) prior to submittal to the SHPO.

Conduct limited shovel testing in the location of isolated surface artifacts to explore the soil stratigraphy, develop an understanding of the potential for buried material, and to identify any known disturbance in the vicinity. This is to confirm that the resource meets the definition of an isolated find and not be subject to evaluation as a Historic Property.

3) Provide the results of the Class I and Class III inventories in a professional cultural resources report that meets current DPG and North Dakota SHPO guidelines for reporting. Provide a draft copy (digital) of the report to the zone archaeologist for review once complete.

Upon receiving approval from the zone archaeologist, mail four printed (paper) copies of the report and a digital storage medium (USB flash or dvd) containing a digital copy of the report, a shapefile of the inventory area, and resource shapefiles to the McKenzie Ranger District Offices in Dickinson, North Dakota. As the lead Federal Agency, the Dakota Prairie Grasslands is responsible for consultation, and will therefor submit the reports to consulting parties.

Technical Requirements and Conditions:

1) An annual Archaeological Resource Protection Act (ARPA) permit is required to conduct cultural resource inventories on the DPG. If a contractor does not hold an annual permit, the ARPA permit must be obtained prior to conducting work

2) Resumes/curriculum vitae of Principal Investigators and field leads (as identified in the ARPA permit) must accompany the final report.

3) The contractor shall meet the qualifications found in Appendix A of 36 CFR Part 61.

4) The collection of surface artifacts is NOT authorized under this contract unless the Principal Investigator determines them to be in imminent danger of destruction.

5) No permanent datums are to be installed at sites.

6) The format for reporting inventory results will be approved by the Dakota Prairie Grasslands and the North Dakota SHPO.

7) Units of measurement for historical sites should be Imperial and units for precontact period sites should be metric.

8) Copies of all newly recorded site forms must be provided to the North Dakota SHPO to receive Smithsonian numbers. The DPG will not accept reports with temporary numbers. Prior to submitting the forms, the Zone archaeologist should be contact to ensure that site identification meets the DPGs standards.

9) The Class III inventory is the identification phase of the project. It may be possible that enough information is gathered at this stage to allow for evaluation of some resources. Typically, formal testing including systematic shovel probe and formal unit excavation are needed to evaluate a resource. This level of work may be in excess of the “limited ground disturbance” allowed under the annual ARPA permit. An additional ARPA permit may be required. The zone archaeologist must be notified prior to any ground disturbance within known site boundaries (this does not include suspected isolated finds).

It is important to note that all submissions MUST follow the above standards, or the work will be returned to the contractor for correction. Neither the Forest Service nor the North Dakota State Historic Preservation Office will provide clerical services for the purposes of completing these contract requirements.

GOVERNMENT FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

The Government will provide the following property and services:

PROJECT SCHEDULE AND DELIVERY DEADLINES

· Estimated date for Notice to Proceed: September 1, 2023

· Estimated completion of survey work: November 1, 2023

· Brief summary of findings (to include acres surveyed, new sites located/documented, etc.): Draft submittal: November 15, 2023

· 100% Draft submittal: December 15, 2023

· Final report submittal: January 31, 2024

Line Item 002: PROJECT: N Tracy Mtn Juniper Project Location The North Tracy Mountain Juniper Project is 2031 acres in size located in in Billings County on the Medora Ranger District of the Dakota Prairie Grasslands within T138N R101W Sections 6 & 7, T138N R102W Section1, T139N R101W Sections 17, 18, 19, 20, 29, 30 & 31, T139N R102W Sections 24 & 25. Maps of the project area will be included.

Road access is limited, and contractors may not have direct vehicle access to all survey areas. Use of all-terrain vehicles will only be allowed as authorized in writing by the District Ranger.

Cultural Resource Inventory and Documentation

4) Perform a Class I Inventory (Background Research) for the approximately 2031-acre area, wherein juniper treatment may occur (project area). This will be completed in coordination with the Little Missouri River National Grassland archaeologist prior to the commencement of fieldwork and will include a records search at the State Historical Society of North Dakota. Spatial data (shapefiles) including resource boundaries and previous inventory can be provided by the Grassland Archaeologist during the Class I. Some Class I information may still require digitization; however, most of records available at the State Historical Society of North Dakota are available through our agency by request, on a case-by-case basis. Results of the records search will inform the Class III inventory. Portions of the project area that have been previously inventoried may be excluded from the current inventory at the discretion of the zone archaeologist, provided the methods utilized during the inventories are consistent with the current project needs.

5) Perform a Class III cultural resource inventory of the project area (map attached) including pedestrian survey and limited shovel testing. The inventory will meet the Dakota Prairie Grasslands (DPGs) standards for survey, which are consistent with the North Dakota State Historic Preservation Office (SHPO) guidelines, as agreed upon in the existing programmatic agreement between The DPG and SHPO.

Document any newly identified cultural resources, and revisit any previously recorded cultural resources within the project area to perform site updates consistent with current DPG and SHPO standards. Confirm the mapped boundaries of previously recorded resources using GPS.

Complete site forms (NDCRS) for all newly recorded resources, and site form updates for revisited resources. Any North Dakota Cultural Heritage Forms would require participation from a Tribal Historic Preservation Officer or Tribal Cultural Specialist (with delegated authority) prior to submittal to the SHPO.

Conduct limited shovel testing in the location of isolated surface artifacts to explore the soil stratigraphy, develop an understanding of the potential for buried material, and to identify any known disturbance in the vicinity. This is to confirm that the resource meets the definition of an isolated find and not be subject to evaluation as a Historic Property.

6) Provide the results of the Class I and Class III inventories in a professional cultural resources report that meets current DPG and North Dakota SHPO guidelines for reporting. Provide a draft copy (digital) of the report to the zone archaeologist for review once complete.

Upon receiving approval from the zone archaeologist, mail four printed (paper) copies of the report and a digital storage medium (USB flash or dvd) containing a digital copy of the report, a shapefile of the inventory area, and resource shapefiles to the Medora Ranger District Offices in Dickinson, North Dakota. As the lead Federal Agency, the Dakota Prairie Grasslands is responsible for consultation, and will therefor submit the reports to consulting parties.

Technical Requirements and Conditions:

10) An annual Archaeological Resource Protection Act (ARPA) permit is required to conduct cultural resource inventories on the DPG. If a contractor does not hold an annual permit, the ARPA permit must be obtained prior to conducting work

11) Resumes/curriculum vitae of Principal Investigators and field leads (as identified in the ARPA permit) must accompany the final report.

12) The contractor shall meet the qualifications found in Appendix A of 36 CFR Part 61.

13) The collection of surface artifacts is NOT authorized under this contract unless the Principal Investigator determines them to be in imminent danger of destruction.

14) No permanent datums are to be installed at sites.

15) The format for reporting inventory results will be approved by the Dakota Prairie Grasslands and the North Dakota SHPO.

16) Units of measurement for historical sites should be Imperial and units for precontact period sites should be metric.

17) Copies of all newly recorded site forms must be provided to the North Dakota SHPO to receive Smithsonian numbers. The DPG will not accept reports with temporary numbers. Prior to submitting the forms, the Zone archaeologist should be contact to ensure that site identification meets the DPGs standards.

18) The Class III inventory is the identification phase of the project. It may be possible that enough information is gathered at this stage to allow for evaluation of some resources. Typically, formal testing including systematic shovel probe and formal unit excavation are needed to evaluate a resource. This level of work may be in excess of the “limited ground disturbance” allowed under the annual ARPA permit. An additional ARPA permit may be required. The zone archaeologist must be notified prior to any ground disturbance within known site boundaries (this does not include suspected isolated finds).

It is important to note that all submissions MUST follow the above standards, or the work will be returned to the contractor for correction. Neither the Forest Service nor the North Dakota State Historic Preservation Office will provide clerical services for the purposes of completing these contract requirements.

GOVERNMENT FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

The Government will provide the following property and services:

PROJECT SCHEDULE AND DELIVERY DEADLINES

· Estimated date for Notice to Proceed: September 1, 2023

· Estimated completion of survey work: November 1, 2023

· Brief summary of findings (to include acres surveyed, new sites located/documented, etc.): Draft submittal: November 15, 2023

· 100% Draft submittal: December 15, 2023

· Final report submittal: January 31, 2024 Line Item 003: PROJECT: Magpie Juniper Project Location The Magpie Juniper Project is 3209 acres in size located in Billings County on Medora Ranger District of the Dakota Prairie Grasslands within T144N R101W Sections 6, 7, 8 17, 18 and T144N R102W Sections 1, 2, 12 and 2015 acres in size located in McKenzie County on the McKenzie Ranger District of the Dakota Prairie Grasslands within T145N R101W Sections 20, 21, 22,27, 28, 29, 33 & 34 Maps of the project area will be included.

Road access is limited, and contractors may not have direct vehicle access to all survey areas. Use of all-terrain vehicles will only be allowed as authorized in writing by the District Ranger.

Cultural Resource Inventory and Documentation

7) Perform a Class I Inventory (Background Research) for the approximately 5224-acre area, wherein juniper treatment may occur (project area). This will be completed in coordination with the Little Missouri River National Grassland zone archaeologist prior to the commencement of fieldwork and will include a records search at the State Historical Society of North Dakota. Results of the records search will inform the Class III inventory. Portions of the project area that have been previously inventoried may be excluded from the current inventory at the discretion of the zone archaeologist, provided the methods utilized during the inventories are consistent with the current project needs. Shapefiles of project relevant site and previous inventory data will be provided by the Forest Service.

8) Perform a Class III cultural resource inventory of the project area (map attached) including pedestrian survey and limited shovel testing. Approximately 50% of the area has had previous survey. The inventory will meet the Dakota Prairie Grasslands (DPGs) standards for survey, which are consistent with the North Dakota State Historic Preservation Office (SHPO) guidelines, as agreed upon in the existing programmatic agreement between The DPG and SHPO.

Document any newly identified cultural resources, and revisit any previously recorded cultural resources within the project area to perform site updates consistent with current DPG and SHPO standards. Confirm the mapped boundaries of previously recorded resources using GPS.

Complete site forms (NDCRS) for all newly recorded resources, and site form updates for revisited resources. Any North Dakota Cultural Heritage Forms would require participation from a Tribal Historic Preservation Officer or Tribal Cultural Specialist (with delegated authority) prior to submittal to the SHPO.

Conduct limited shovel testing in the location of isolated surface artifacts to explore the soil stratigraphy, develop an understanding of the potential for buried material, and to identify any known disturbance in the vicinity. This is to confirm that the resource meets the definition of an isolated find and not be subject to evaluation as a Historic Property.

9) Provide the results of the Class I and Class III inventories in a professional cultural resources report that meets current DPG and North Dakota SHPO guidelines for reporting. Provide a draft copy (digital) of the report to the zone archaeologist for review once complete.

Upon receiving approval from the zone archaeologist, mail four printed (paper) copies of the report and a digital storage medium (USB flash or dvd) containing a digital copy of the report, a shapefile of the inventory area, and resource shapefiles to the Medora Ranger District Offices in Dickinson, North Dakota. As the lead Federal Agency, the Dakota Prairie Grasslands is responsible for consultation, and will therefor submit the reports to consulting parties.

Technical Requirements and Conditions:

19) An annual Archaeological Resource Protection Act (ARPA) permit is required to conduct cultural resource inventories on the DPG. If a contractor does not hold an annual permit, the ARPA permit must be obtained prior to conducting work

20) Resumes/curriculum vitae of Principal Investigators and field leads (as identified in the ARPA permit) must accompany the final report.

21) The contractor shall meet the qualifications found in Appendix A of 36 CFR Part 61.

22) The collection of surface artifacts is NOT authorized under this contract unless the Principal Investigator determines them to be in imminent danger of destruction.

23) No permanent datums are to be installed at sites.

24) The format for reporting inventory results will be approved by the Dakota Prairie Grasslands and the North Dakota SHPO.

25) Units of measurement for historical sites should be Imperial and units for precontact period sites should be metric.

26) Copies of all newly recorded site forms must be provided to the North Dakota SHPO to receive Smithsonian numbers. The DPG will not accept reports with temporary numbers. Prior to submitting the forms, the Zone archaeologist should be contact to ensure that site identification meets the DPGs standards.

27) The Class III inventory is the identification phase of the project. It may be possible that enough information is gathered at this stage to allow for evaluation of some resources. Typically, formal testing including systematic shovel probe and formal unit excavation are needed to evaluate a resource. This level of work may be in excess of the “limited ground disturbance” allowed under the annual ARPA permit. An additional ARPA permit may be required. The zone archaeologist must be notified prior to any ground disturbance within known site boundaries (this does not include suspected isolated finds).

It is important to note that all submissions MUST follow the above standards, or the work will be returned to the contractor for correction. Neither the Forest Service nor the North Dakota State Historic Preservation Office will provide clerical services for the purposes of completing these contract requirements.

GOVERNMENT FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

The Government will provide the following property and services:

PROJECT SCHEDULE AND DELIVERY DEADLINES

· Estimated date for Notice to Proceed: September 1, 2023

· Estimated completion of survey work: November 1, 2023

· Brief summary of findings (to include acres surveyed, new sites located/documented, etc.): Draft submittal: November 15, 2023

· 100% Draft submittal: December 15, 2023

· Final report submittal: January 31, 2024

REQUEST ATTACHMENTS

· Maps of Survey Locations

· Experience Questionnaire or a document demonstrating recent and relevant experience in respect to the size and scope of this particular project. (2 pages)

· Wage Determination WD 2015-5381 (Rev. 20) dated 07/25/2023 (11 pages)

CONTRACT CLAUSES

52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JUN 2023)

(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. 3805 note)).

(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 (JUN 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) 52.204-10, 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) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

☒ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

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

☐ (11) [Reserved].

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

☐ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

☐ (14) [Reserved] ☒ (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

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

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

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

☐ (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)).

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

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

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

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

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

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

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

☐ (20) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

☐ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

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

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

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

☐ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

☐ (25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) ( 15 U.S.C. 637(m)).

☐ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

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

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

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

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

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

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

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

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

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

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

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

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

☒ (36) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

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

☐ (37) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

☐ (38) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

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

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

☐ (42) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun2014) of 52.223-14.

☐ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

☐ (44) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

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

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

☐ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

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

☐ (ii) Alternate I (OCT 2022) of 52.225-1.

☐ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

☐ (ii) Alternate I [Reserved].

☒ (iii) Alternate II (DEC 2022) of 52.225-3.

☐ (iv) Alternate III (JAN 2021) of 52.225-3.

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

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

☒ (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

☐ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

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

☐ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

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

☒ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

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

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

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

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

☐ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

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

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

[Contracting Officer check as appropriate.] ☒ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

☒ (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).

Equivalent rate for GS wage is GS 5, Step 6: $21.07 plus benefits.

☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

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

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

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

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

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

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

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

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

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

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

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

(vi) 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.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

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

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

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

(xii) 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.

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

(xiv) (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).

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

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

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

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

(xxi) 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).

(xxii) 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.

(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiv) 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.

(End of clause) 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 (End of clause) 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.

(End of clause) 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.

(End of clause) 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 30 days after the date of contract award. The conference will be held at a date and time to be determined.

INVOICING & PAYMENTS

All payments are processed using The Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

The IPP Customer Support Desk is available to assist users Monday through Friday (excluding Federal holidays) from 8 a.m. to 6 p.m. ET, to answer questions related to accessing IPP or completing the registration process. Their toll-free number is 1-866-973-3131 or they can be reached at IPPCustomerSupport@fms.treas.gov. If you have any additional questions or concerns, please contact the Controller Operations Division Help Desk at 1-877-243-3072 or cod.help@usda.gov.

SOLICITATION PROVISIONS

52.204-7 System for Award Management (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions.