RFQ 1240LS23Q0092 - UTV - 3 Pass - With Add On Options and Trade-Ins.pdf

Solicitation Number: 1240LS23Q0092

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued as an (RFQ) Request for Quotation.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02.

(iv) This procurement is set aside for Small Business, The NAICS code is 336999. Small Business Size Standard is 1000, PSC: 2305

(v) Schedule of Items/Price Schedule Item Supplies/Services Qty Unit Allowance Total Price 01 Year: Color:

Make:

Model:

01 ea $ $

02 Accessories: Hard Roof 01 ea $ $ 03 Accessories: Winch 4,500 lbs or better 01 ea $ $ 04 Accessories: Towing Hitch with 2” ball 01 ea $ $ 05 Accessories: Heavy Duty Skid Plate 01 ea $ $ 06 Accessories: Cargo Box Tilt 01 ea $ $ 07 Trade In Allowance: 2013 - 4XATH76A1D4728723 Ranger $ -$ 08 Trade In Allowance: 2008 - 4XACL5CA48D330326 Sprtsmn $ -$ 09 Trade In Allowance: 2008 - 4XACL50A08D331991 Sprtsmn $ -$ 10 Labor: Hrs $ $ 11 Fees: 01 ea $ $ 12 DELIVERY: Uinta National Forest

2460 S Hwy 40, Heber City, UT 84032-3651 01 tm $ $

Date: You can deliver by: / / 2023 Total $

Name of Company (Please Print):

SAM UID Number (NOT THE DUNS#) UEID:

SAM Expiration Date EXP: mm / dd / yyyy

Company Representative: Typed

Signature of Company Representative:

Date:

Phone Number:

Email Address

A) Quotes are due into my email inbox No Later Than 21 May 2023 08:00am MT. (Do NOT Wait until the last min)!

Deliver Quotes to: B. Shane Webster: barclay.webster@usda.gov (801) 908-1904 B) Questions will not be accepted after 16 May 2023.

C) You MUST FILL IN ALL DATA ABOVE, IN BOTH SECTIONS, COMPLETE WITH SIGNATURE FOR YOUR QUOTE TO BE ACCEPTED.

D) One award will be made from this solicitation, and Contractors must submit pricing for ALL items.

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

mailto:barclay.webster@usda.gov

(vi) Description of Requirement (including a list of any attachments)

GENERAL INFORMATION:

Nomenclature and Quantity: 1ea 6 wheel UTV Manufacturer: Any Model Year: 2022/2023 Passenger Capacity: 3 (Operator + 2 Passengers) # of Wheels: 6 wheels (Not Enclosed Cab)

ENGINE AND DRIVETRAIN

Wheelbase: 90 OR MORE in. min., (6x6 UTV) Ground Clearance: 12 in (min), 14 in (max) Shocks/Suspension: Front Suspension: Arched Double A-arm/10 in (min) – 11 in (max) Front Shocks: Twin tube gas-charged shocks Rear Suspension: Arched TTA with external sway bar 10 in (min), 11 in (max) Rear Shocks: Twin tube gas-charged Engine: 80hp min. V-Twin liquid-cooled, Gas, Displacement: 976cc (min) – 999cc (max) Fuel Capacity: 10 -gallon (min) Fuel System: Electronic fuel injection Brakes: Front and Rear: Dual Disc Brakes (Both front and rear) Transmission/Drivetrain: Continuously variable transmission (CVT) or Multi-geared Auto 2WD/4WD/6WD Selectable or AWD Powertrain: 80 hp (min) Towing Ability: 3,000 LB Cargo Box Dimensions: Length: 70 in min - 73 in max, Width: 54 in min - 55 in max, Height: 10 in min - 12 in max Weight Capacity: 1,000 LB min Warranty: Standard

OPERATIONAL: Accessories Needed:

Hard Roof Standard Winch 4,500 LB, No name brand requirement.

Towing Hitch: Yes, 2 in Standard Receiver Cargo Box Tilt: Tilting capability for cargo box Payload: 1,000 lbs min

Delivery to: 2460 S Hwy 40, Heber City, UT 84032-3651

Trade In Info:

Make Model Year Miles VIN Polaris Ranger 2013 3,884 4XATH76A1D4728723 - It runs and is in fair condition Polaris Sportsman 6x6 2008 1,376 4XACL5CA48D330326 - Do not run, body is in fair condition Polaris Sportsman 6x6 2008 1,361 4XACL50A08D331991 - Do not run, body is in fair condition

(vii) Date(s) and Place(s) of Delivery and Acceptance Deliver To: Uinta National Forest, 2460 S Hwy 40, Heber City, UT 84032-3651 Final Inspection: A final physical inspection shall be made before acceptance. The Vendor shall notify the Inspector at a minimum of 48-hours prior to delivery and final inspection, with up to 4 days’ notice requested.

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

• 52.204-16 Commercial and Government Entity Code Reporting.

• 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

• 52.211-6 Brand Name or Equal

Addenda to paragraph (b) Submission of Offers:

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

2) Offers submitted in response to this solicitation shall include a technical Specifications sheet addressing the evaluation factors in 52.212-2 of the item(s) offered and a price proposal (section (v)).

ii) Technical Capability – Provide a detailed description of the product offered. Provide Specification Sheets where available.

b) Price Proposal – Include the following:

1) completed price schedule from section v of this solicitation,

2) Acknowledge any amendments issued on sam.gov for this solicitation by completing and signing the posted SF-30 if one is posted.

c) Representations and Certifications – Fill in the check boxes for provisions 52.204-24, 52.212-3, and the Equal Product information found in paragraph (xiv) of this solicitation and submit with your offer.

3) Submit offers by e-mail to barclay.webster@usda.gov so that they are delivered into this inbox by the due date and time. Emails should contain 2 separate attachments (Technical Specifications and the Price Proposal (PG1) with Representations and Certifications (Pg 5,6,7) in this document, in Microsoft Word or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer from barclay.webster@usda.gov.

4) Address questions about this solicitation to B. Shane Webster at 801-908-1904. barclay.webster@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 (ix) item (5)(D) below for details.

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

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

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. Delete 52.212-1 (f)(2)(i) paragraphs A, B, & C.

(ix) 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 “Best Value to the Government (Trade Off)” solicitation will be most advantageous to the Government, price and all other factors considered. The following factors shall be used to evaluate offers:

1. Price: (Trade-in allowance considered as well when applicable). Lowest price may not always win the award when all Other factors are included.

2. All Technical Requirements Met: (Color, Capability, Equipment, etc) You may NOT submit a product offering that does not meet ALL specifications, unless you are adding ALL items needed to make it meet specifications before delivery. This must be included in the total price quoted on pg 1. ALL Minimum Specifications in section (vi), (pg 2) MUST BE MET!

If you want to substitute one item for another, you may ask during the solicitation phase. An SF30 will be posted showing the alternate that was approved.

Product quality is an important consideration. Using “Off Brand”, “Unnamed”, odd, unknown, or unfamiliar brands will Negatively affect your ability to be awarded this contract. The offering must have a long history of operational integrity, parts availability, serviceability, and functionality, as well as warranty history and a network of shops to work on the item when needed. Off brands do not provide that level of certainty we require. National Brands only will be accepted.

https://www.sam.gov/SAM/ mailto:barclay.webster@usda.gov mailto:Barclay.webster@usda.gov mailto:Barclay.webster@usda.gov

Example: Off Brands like Massimo, Axis, Odes…etc, will not be accepted or evaluated regardless of specifications.

Example: National Name Brands like Polaris, Honda, Yamaha, Can-Am, Kawasaki, CAT, John Deer…etc, will be accepted.

3. Delivery Date: You must be able to deliver ALL products in a complete state by the date you signified on page 1.

(This is a slightly flexible category based on the customers (COR/POC) willingness to accept delays that may be offered by vendors.) It is possible the lowest quote might lose because you cannot deliver for 10 months while a competitor can deliver in 3 months. Failure to put a date on page 1 disqualifies your quote

4. Past Performance: Vendor must not have any negative data in SAM, FAPIIS, CPARS or other report systems.

(Termination For Convenience of the Government) is not an automatic negative entry. Only negative CPARS, SAM, FAPIIS and other reporting system entries will be considered negative. Terminations for (Default) are negative and will be evaluated on a case-by-case basis to determine if the entry should still be held against the vendor.

Technical and past performance, when combined, are in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price and product offered and delivery time frame.

5. Data Verification: Failure to provide requested information in this solicitation will disqualify your quote.

5A: You must provide product (vehicle) information (Manufacturers Specification page) with your quote so your offering can be evaluated. You must identify Year, Make, Model, Brand-Name and date you can deliver by on pg 1. Failure to fill out any portion on Pg1) WILL Disqualify your quote.

5B: You must provide your UEID and expiration date on pg 1. You must be active (not expired) in SAM to submit a quote.

5C: You must submit the name brands of all accessories. (ie: Warn winch) (Warn was only used as an example, and is not a brand name requirement). Using “Off”, “Unnamed”, or odd, unknown, or unfamiliar brands will affect your ability to be awarded this contract. Unknown quality, serviceability or maintenance history, warranty history of an item is a factor. See #2.

Example: Off Brands like Massimo, Axis, Odes…etc, will not be accepted or evaluated regardless of specifications.

Example: National Name Brands like Polaris, Honda, Yamaha, Can-Am, Kawasaki, CAT, John Deer…etc, will be accepted.

5D: Do NOT provide a separate quote from this document. All information must be filled in on Pg 1 and you can make notes under or next to each item on pg2 but may not change anything I have written. You may add too but not change or take away from anything written herein. You may add notes without changing or taking away anything I have written. Inclusion of any added terms or conditions instantly disqualifies your quote with the exception of warranties. You may add warranty information as needed.

(c) A written notice of award or acceptance of an offer, e-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 (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.]

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

Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION 2017-1 (AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf file:///C:%5CUsers%5Cmelissaajohnson%5CDownloads%5C(DEVIATION%20NOV%202022)%20%E2%80%93%20Offerors%20that%20are%20representing%20as%20joint%20ventures%20should%20submit%20their%20socio-economic%20status%20in%20the%20space%20provided%20above%20until%20such%20time%20that%20SAM.gov%20has%20been%20updated%20to%20include%20the%20joint%20venture%20representations%20contained%20within http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876 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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American;

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

The following clauses are added to the terms and conditions in FAR 52.212-4

SYSTEM FOR AWARD MAINTENANCE (FAR 52.204-13) (OCT 2018)

COMMERCIAL & GOVERNMENT ENTITY CODE MAINTENANCE (FAR 52.204-18) (AUG 2020)

INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (FAR 52.204-19) (DEC 2014) PROHIBITION ON CONTACTING FOR CERTAIN TELECOMMUNICATIONS AND- (FAR 52.204-25) (NOV 2021)

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NDAA 889)

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES REPRESENTATION (FAR 52.204-26) (OCT 2020) REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX- (FAR 52.209-11) (FEB 2016)

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (REPS & CERTS)

OFFEROR REPRESENTATIONS AND CERTIFICATIONS, COMMERCIAL PRODUCTS- (FAR 52.212-3) (DEC 2022)

AND COMMERCIAL SERVICES

BUY AMERICAN-SUPPLIES (FAR 52.225-1) (Oct 2022)

UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (FAR 52.232-39) (JUN 2013)

PROVIDING ACELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (FAR 52.232-40) (MAR 2023)

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

APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (FAR 52.233-4) (OCT 2004)

GOVERNMENT DELAY OF WORK (FAR 52.242-17) (APR 1984)

DEFAULT (FIXED-PRICE SUPPLY AND SERVICE (FAR 52.249-8) (APR 1984)

AUTHORIZED DEVIATIONS IN CLAUSES (FAR 52.252-6) (NOV 2020)

MODIFICATION FOR CONTRACT CLOSEOUT (452.204-70) (JUL 2022)

(xii) 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:

☒ (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).

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

☒ (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.

☒ (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).

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

☒ (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 ☒ (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).

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4701 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 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

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

(c) (Deleted, Applies to Services Only)

(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) 52.219-8, 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) 52.222-50, 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.

(xiii) Additional Requirements/Terms and Conditions Clauses:

52.252-2 Clauses Incorporated by Reference (FEB 1998) 52.252-6 Authorized Deviations in Clauses (NOV 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.242-17 Government Delay of Work (APR 1984) 52.252-2 Clauses Incorporated by Reference (FEB 1998)

52.252-6 Authorized Deviations in Clauses (NOV 2020) 452.204-70 Modification for Contract Closeout (DEVIATION JUL 2022)

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) 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 provisions may be viewed at: Policies & Regulations | USDA

52.252-5 Authorized Deviations in Provisions (NOV 2020)

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

(b) The use in this solicitation of any Agriculture Acquisition Regulation (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(xiv) Defense Priorities and Allocation System (DPAS) Rating: N/A

(xv) Date, Time, and Place Offers are due Quotes are due into my email inbox No Later Than 21 May 2023 08:00am MT. (Do NOT Wait until the last min)!

Deliver Quotes to: B. Shane Webster: barclay.webster@usda.gov (801) 908-1904 Questions will not be accepted after 16 May 2023.

(xvi) Government Point of Contact B. Shane Webster: barclay.webster@usda.gov (801) 908-1904 https://www.usda.gov/sites/default/files/documents/agar-class-deviation-contract-closeout-clause.pdf https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations mailto:barclay.webster@usda.gov mailto:barclay.webster@usda.gov