RFQ_1240LS23Q0072_TrailClearing.docx

Solicitation Number: 1240LS23Q0072 Ashley National Forest, Vernal and Flaming Gorge Ranger Districts

(v) Schedule of Items/Price Schedule

Name of Company (Please Print):

Company Representative: Typed

Signature of Company Representative:

Date:

Phone Number:

Email Address:

Schedule Notes:

a) Quotes are due no later than May 15, 2023 by 1:00pm MT. Quotes shall be emailed to Kaitlin Wagner at kaitlin.wagner@usda.gov.

b) Questions will not be accepted after May 10, 2023.

c) One award will be made from this solicitation, and contractors must provide all requested information above. Failure to sign the solicitation means you do not agree with the terms and conditions and cannot be awarded the contract.

d) Vendor must be registered and active in SAM to submit a quote.

e) It is the quoters responsibility to consider trail conditions prior to submitting a quote. A breakdown of the trail names, numbers, mileages, etc. can be found in section vi below.

(vi) Description of Requirement The Ashley National Forest has a requirement for Trail Clearing Services on the Vernal and Flaming Gorge Ranger Districts. The Contractor shall provide all expertise, labor, supervision, services, equipment, mobilization, tools, supplies, permits, licenses, transportation, and incidentals required to perform trail clearing meeting the specifications provided.

VERNAL AND FLAMING GORGE RANGER DISTRICTS TRAIL CLEARING

ITEM 0001 TRAIL BREAKDOWN

Flaming Gorge-Vernal Ranger District

From Spirit Lake TH to jct. with tr. 1023 near Tamarack Lake & loop back to TH

From Hickerson Park TH off rd. 001 to jct. with tr. 1024 near Tamarack Lake

From Hickerson Park TH off rd. 001 to jct. with tr. 017

From TH off Rd. 096 to TH off Rd. 001 near Spirit Lake

From Road 096 to jct. with Trail 017

From jct. with Trail 017 to Anson Lake (Shown as trail 001 on project map)

Vernal Ranger District

From West Fork Whiterocks TH to the Wilderness Boundary

From jct. with Trail 1047 to jct. with Trail 1047, Loop east to west

End of Forest Road 306 to jct. with Trail 0048 C, includes 3 spur trails 0048D, 0048F, 0048E

Performance Requirements and Specifications:

1. LOGGING OUT

Description. This work consists of removing brush, logs, and down trees from the clearing limits as shown in attachment 911-1 below.

Requirements Clearing Out. Cut and remove all logs that extend across or into the clearing limits. The portions of cut logs that remain on the upper side of the trail shall be either firmly anchored to prevent sliding or rolling onto the trail way or moved across the trail to the lower side and scattered outside the clearing limits.

Fell all trees over 4 inches in diameter that are leaning into the clearing limits and that are within 10 feet above the trail bed. Stump height of leaning trees that are cut outside the clearing limits shall not exceed one (1) foot as measured on the uphill side of the stump. Disposal and payment for the leaning trees described above will be the same as for down logs and trees.

Remove roots and stumps from trees within the trail way that have been uprooted.

Rerouting the trail around windfalls, uprooted trees, and other obstacles will not be permitted. Ramp or reroute sections of the trail tread that have been damaged by uprooted stumps as necessary to provide safe passage on the trail if the damage is within clearing corridor. Note the location of such actions and report to the Contracting Officer’s Representative (COR). Payment for such work will be incidental to the specified work item, and no extra payment will be made.

Remove sticks, limbs or wood chunks exceeding 2 inches in diameter and 1 foot in length that have fallen on to the trail bed.

Scatter the down trees on the lower side of the trail way outside the clearing limits. Do not place such materials in stream channels, drainage ways, ditches, culvert catch basins, or other locations where they would prevent the free flow of water away from the trail bed.

· Performance / Quality Standards

· Logs and Brush are removed from clearing limits on the specified trails as described in attachment 911-1.

· Logs and Brush are dispersed from the trailway and clearing limits as described in attachment 911-1.

· Acceptable Quality Level

· Clearing Limits – 100% of Down Logs and Brush is cleared and dispersed from the trailway as described attachment 911-1.

· Means of Measurement

· Government will make an inspection of the completed trail segments upon notification of completion. The Contractor shall notify the COR when each trail is complete and ready for inspection. If inspection is not performed within 10 days of Contractor’s notification to the COR, the trail will be considered accepted. Contractor is encouraged to observe the inspection.

· Reinspection: If the original inspection results are unacceptable and a second inspection is requested after rework, the inspection procedures shall be the same as the first inspection. Request for reinspection must be made in writing. The Contractor shall pay for inspections necessitated by rework.

2. Terms, Organizations, and Standards

(a) Specification Terms. These specifications are generally written in the imperative mood. In sentences using the imperative mood, the subject ''the Contractor;' is implied. Also implied in this language is "shall;' "shall be," or similar words or phrases. In material specifications, the subject may also be the supplier, fabricator, or manufacturer supplying material, products, or equipment for use on the project.

Wherever "directed;' "required;' "prescribed;' or similar words are used, the "direction;' ''requirement;' or "order" of the CO is intended. Similarly, wherever "approved," "acceptable;' suitable;' "satisfactory;' or similar words are used, they mean "approved by," "acceptable to;' or "satisfactory to" the CO.

The word ''will" generally pertains to decisions or actions of the CO.

Whenever in these specifications, or in other contract documents, the following terms ( or pronouns in place of them) are used, the intent and meaning shall be interpreted as follows: reference to a specific standard, test, testing method, or specification shall mean the latest published edition or amendment that is in effect at the solicitation issue date for the public works contracts.

(b) Abbreviations and Acronyms

(c) SI slope notation (vertical: horizontal). For slopes flatter than 1:1, express the slope as the ratio of one unit vertical to a number of units horizontal. For slopes steeper than 1:1, express the slope as the ratio of a number of units vertical to one unit horizontal.

3. Definitions When the following terms, or pronouns in place of them, are used in these specifications or on other contract documents, the intent and meaning are as follows:

Base Course. The layer or layers of specified material of designed thickness placed on a trailbed to support surfacing.

Batter. A backward and upward slope of the face of a wall.

Berm. The ridge of material formed on the outer edge of the trail that projects higher than the tread.

Borrow. Suitable materials taken from approved sources designated on the drawings or on the ground, to be used for embankments and backfilling.

Bridge. A structure, including supports, erected over a depression or stream, and having a deck for carry traffic.

Cap Rock. Rock placed in the top or uppermost layer in a constructed rock structure, such as a talus or rubble rock section or rock retaining wall.

Catch Point. The outer limits of a trailway where the excavation and/or embankment intersect with the ground line.

Clearing Limit. The area over and beside the trail that is cleared of trees, limbs, and other obstructions.

Climbing Tum. A reverse in direction of trail grade without a level landing used to change elevation on a steep slope.

Compacted. Consolidation that is obtained by tamping or rolling suitable material until no noticeable displacement of material is observed.

Contracting Officer (CO). An official of the Government with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the CO acting within the limits of their authority as delegated by the CO.

Culvert. A drainage structure composed of rock, metal, or wood that is placed approximately perpendicular to and under the trailway.

Cushion Material. Native or imported material, generally placed over rocky section of unsurfaced trail to provide a usable and maintained traveled way.

Danger Tree. An unstable tree 125 mm or greater in diameter at breast height that is likely to fall across the trail.

Designated on the Ground. The location of materials, work areas, and construction items, including lines and grades, marked on the ground with stakes, flagging, tags, or paint.

Drawings. Documents showing details for construction of a facility, including but not limited to straight-line diagrams, trail logs, standard drawings, construction logs, plan and profile sheets, cross-sections, diagrams, layouts, schematics, descriptive literature, and similar materials.

Duff. Organic material overlying rock or mineral soil.

Embankment. A structure of suitable material placed on the prepared ground surface and constructed to the trailbed elevation.

Excess Excavation. Material in the trailway in excess of that needed for construction of designed trailways.

Ford. A water-level stream crossing constructed to provide a level surface for safe traffic passage.

Full Bench. Trailbed constructed entirely on undisturbed material.

Grade. The vertical distance of ascent or descent of the trail expressed as a percentage of the horizontal distance.

Header Rock. Rock laid with the narrow end towards the face of the wall.

lnslope. Where the trail tread is sloped downward toward the backslope.

Mineral Soil. Soil or aggregate that is free from organic substances and contains no particles larger than 50 mm at their greatest dimension.

Outslope. Where the trail tread is sloped downward toward the embankment or daylight side of the trailway.

Sideslope. The natural slope of the ground, usually expressed as a percentage.

Slough. That material from the backslope or the area of the backslope that has raveled onto the trailbed Slump. Where the trailbed material has moved downward, causing a dip in the trail grade.

Special Project Specification. Specifications that detail the conditions and requirements peculiar to an individual project, including additions and revisions to the standard specifications.

Surfacing. Material placed on top of the trailbed or base course that provides the desired tread.

Suitable Material. Rock that can be accommodated in the trail structure, and soil free of duff with a recognizable granular texture.

Switchback. A reverse in direction of trail grade with a level landing used to change elevation on a steep slope, usually involving special treatment of the approaches, barriers, and drainages.

Trailbed. The finished surface on which base course or surfacing may be constructed. For trails without surfacing the trailbed is the tread.

Trailway. The portion of the trail within the limits of the excavation and embankment.

Tread. The surface portion of the trail upon which traffic moves.

Turnout. A short section of extra trail width to provide fur passage of trail users.

Waterbar. A structure used for turning water off the trail, usually made of logs or stones.

Water Courses. Any natural or constructed channel where water naturally flows or will collect and flow during spring runoff, rainstorms, etc.

4. Maintenance for Traffic Keep existing trails that are undergoing improvements open and maintained in such a condition as to safely accommodate traffic. Provide and maintain temporary detours, approaches, or crossings and intersections with trails, roads, businesses, parking lots, and campgrounds in a safe and passable condition. Perform no work that interferes or conflicts with traffic until a plan for handling traffic has been submitted and approved.

Before any suspension of work, take precautions necessary to prevent damage to the project, such as temporary detours, approaches, crossings, or intersections, and make provisions for normal drainage and to minimize erosion. Leave all trailways in a condition suitable for traffic unless otherwise specified.

The Government may permit use of portions of the project during periods when operations are shut down. All maintenance attributable to permitted use during periods of work suspension will be provided by the Government. The contractor is responsible for any maintenance that is not attributable to use or that is necessary during suspensions resulting from fault or negligence of the contractor.

5. Government Furnished Property There are currently no Government-owned stock holding facilities available for contractor use for the completion of this project. Sites on Government-administered land that are not already designated may be used for storage purposes and for placing equipment only when approved in advance by the CO. If approved, sites shall be restored in accordance with requirements as specified at time of agreement.

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location This project is located within the Vernal and Flaming Gorge Ranger Districts of the Ashley National Forest. See the attached “ANFD1D2_ContractMap_FY23” PDF for a map of trail locations.

(viii) Date, Time, and Place Quotes are due All quotes submitted in response to this solicitation are due no later than 1:00pm MT on May 15, 2023. Quotes shall be emailed to Kaitlin Wagner at kaitlin.wagner@usda.gov.

(ix) Government Point of Contact Purchasing Agent – Kaitlin Wagner, kaitlin.wagner@usda.gov

(x) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (DEC 2022) (DEVIATION 2017-1) Addenda to 52.212-4:

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

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

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

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

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

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

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

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

[Contracting Officer check as appropriate.] ☒ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

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

☒ (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).

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

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

☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☒ (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).

☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

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

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

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

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

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

☒ (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).

(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).

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

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

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

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

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

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

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

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

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as 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.

(xii) Additional Requirements/Terms and Conditions:

Clauses:

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

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

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

52.242-17 Government Delay of Work (APR 1984)

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) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA 52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.204-70 Modification for Contract Closeout (DEVIATION JUL 2022)

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.

452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from June 1, 2023 through October 31, 2023.

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: On Site Rep.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

Provisions:

52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Provisions:

https://www.acquisition.gov/browse/index/far (FAR Provisions begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Provisions: https://www.acquisition.gov/agar (AGAR Provisions begin with 452) FAR and AGAR Deviations to provisions may be viewed at: Policies & Regulations | USDA

(xiii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (MAR 2023) (Provision) Addenda to Provision 52.212-1:

For simplified acquisitions, the word quote or quoter is substituted in provision 52.212-1 for the word offer or offeror.

Addenda to Provision 52.212-1 paragraph (b) Submission of Quotes:

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

2) Quotes submitted in response to this solicitation shall include a technical quote, a price quote, and contractor representations and certifications.

3) Submit quote by email to kaitlin.wagner@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain at a minimum 3 separate attachments (Technical Quote, Price Quote, and Representations and Certifications) in Microsoft Word, Microsoft Excel, or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the quoters responsibility to confirm receipt of the quote from Kaitlin Wagner.

4) Address questions about this solicitation to Kaitlin Wagner at kaitlin.wagner@usda.gov. DO NOT CHANGE THE WORDING OF THIS SOLICITATION OR YOUR QUOTE WILL BE REJECTED AS AN INVALID QUOTE. You may add notes, but may not take away, anything written herein. See section (xiv) item 5C.

Addenda to Provision 52.212-1 paragraph (f) Late submissions:

Replace (f)(2)(i) with the following:

Any quote, modification, revision, or withdrawal of a quote received at the Government office designated in the solicitation after the exact time specified for receipt of quotes is "late" and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition. Delete 52.212-1 (f)(2)(i) paragraphs A, B, & C.

(xiv) 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 quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

Notes:

Failure to provide the requested information may disqualify your quote.

ALL information must be filled in on page 1. You can make notes next to or under each item on pages 1 – 6, but may not change anything written in the solicitation herein. Inclusion of any added terms or conditions instantly disqualifies your quote.

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

(xv) Representations and Certifications (complete highlighted items in this section and return with your offer)

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

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

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

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

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It ☐ will, ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (DEC 2022) (DEVIATION DEC 2022) (DEVIATION NOV 2022) (Provision) [If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:] (b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

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

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.]

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