RFQ 1240LS23Q0152 - SUPERSTRUCTURE.pdf

Solicitation Number: 1240LS23Q0152

(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.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04.

(iv) This procurement is set aside for SMALL BUSINESS, The NAICS code is 336211 and the Small Business Size Standard is 1,000.

FOB: Destination Origin Payment will be made via EFT. Invoice using IPP.Gov

PSC: K025 NAICS Code: 336211 Size Standard: 1,000 BOC: 3111

Delivery address USFS will drop off and pick up to your location

**MUST HAVE ALL INFORMATION BELOW**

Company Name:

Name-Vendor Rep:

Signature of Rep:

Phone:

Email:

Mailing Address:

UEID #:

UEID EXP Date:

(v) Schedule of Items/Price Schedule

Item Supplies/Services Qty Unit of Issue

Unit Price Total Price

1 Fabricate/Install Helitac Superstructure to spec’s on EN 6564 - 2022 Chevy K5500 4X4 Crew Cab Chassis, 19,000 GVWR, Diesel, 84” Cab to Axle, Bright White

01 ea $ $

2 Labor $ $ 3 $ $ 4 $ $ Totals Date you can complete the work by / / $ $

Schedule Notes:

A) You must be Registered and Active in SAM to submit a quote.

B) Quotes due to barclay.webster@usda.gov by 11 Sep 2023, 0800 AM, MT, no late quotes will be accepted.

mailto:barclay.webster@usda.gov

(vi) Description of Requirement (including a list of any attachments) Install Superstructure on Fleet Rig EN6564

SPECIFICATIONS FOR SUPERSTRUCTURE – CAB TO AXLE 60 INCHES

1. All bodies shall meet U.S. Department of Transportation Standards

2. All measurements are outside measurements

3. Body installers shall fully conform to the body and chassis manufacturer’s instructions and recommendations so as not to void manufacturer’s warranty

4. Body and Bulkhead:

♦ Tapered Panel Body ♦ 4” Structural channel long members ♦ 4 3/16” heavy channel cross members ♦ 14 gauge two-sided A-40 galvanneal steel body shell ♦ Double shell 20-gauge two-side A-40 galvanneal steel hat section, reinforced doors ♦ 16 gauge galvanneal steel fender skirt ♦ 1/8” tread plate steel floor and reinforced rear apron ♦ 8” structural channel drawbar (receiver hitch – Type 4) ♦ Platform, bulkhead, and compartments all painted with phenolic/chromate rust inhibitive primer, finish painted to match cab ♦ Fuel fill cut out prepunched to match factory fuel fill cup ♦ Spare tire carrier mounted under body if possible, if not, inside front of superstructure, under front shelves ♦ The body shall include but not be limited to complete lighting and wiring harness including flush mount, stop, turn, tail markers, clearance lights to include front, side and rear corners (amber front red rear) three light cluster mounted on rear apron and all mounting hardware and components.

LED interior lights shall be hard wired.

♦ Trailer wiring connector; 7 spade standard RV style trailer electrical connector ♦ Bed must fit 60” cab to axle

5. Secure Storage Compartments:

♦ All galvanneal steel construction ♦ Upper compartments to have 16 gauge shells, 20 gauge double panel doors with honeycomb core stiffener, two cable door retainers. All compartments to have key lockable paddle handles ♦ All compartments and doors keyed alike ♦ Full length galvannealed door hinges with stainless steel pin ♦ Full perimeter uninterrupted automotive type door seals – no break at door latches on all compartments ♦ Double spring over center door closures on all vertical doors ♦ Two cable or chain retainers on all horizontal doors ♦ Interior light guards ♦ Two or more removable and adjustable shelves per each vertical cabinet ♦ One or more removable and adjustable shelf per each horizontal cabinet ♦ All cabinets will be vented for flammable liquids, with the exception of the cabinet closet to the cab of the truck on each side

6. Cabinet Arrangements:

♦ Material rails – 200 pound rating with removable sliding hooks (three on each side) ♦ All cabinets will be at a minimum of 20” deep

1. Curb Side: (Passenger Side)

a. One cabinet in vertical configuration in front of the rear axle each with a minimum of 44” height (labeled A on diagram)

b. One cabinet configured horizontally – minimum of 24” tall and 6’ long (labeled B on diagram)

c. One cabinet behind rear axle to fill space beneath the horizontal cabinet – minimum of 20” (labeled C on diagram)

2. Street Side: (Drivers Side)

a. One cabinet in vertical configuration in front of rear axle (labeled D on diagram)

b. One cabinet configured horizontally with a minimum of 24” tall and 44” wide (labeled E on diagram)

c. One cabinet behind rear axle – minimum of 44” tall (labeled F on diagram)

7. Utility Body Profiles:

♦ Standard Profile approximate measurements Minimum Height: 40” Minimum Width: DRW - Dual Rear Wheels 89” Minimum Length: 60” Cab to Axle Length

8. Super Structure Body: The utility body shall be provided with an enclosed center load space with inside shelves on each side of the enclosed super structure. Front of superstructure shall have 1 shelf. A fixed weather tight roof (super structure) over the load space and double doors at the rear. Interior height shall be minimum 55”. The double rear doors shall be hinged at the sides and completely enclose the body

B

A

C Wheel

Diagram Not To Scale

E

D F

Wheel

Not To Scale interior. Door locks with cylinder locks and retainers for keeping the doors in the open position. The doors shall be equipped with seals to prevent the entry of dust and water.

9. Shore Power Hookup System or similar in the located in the super structure which can be hooked to a generator. The Shore Power Hookup System should be similar to an RV setup connected to the truck battery and would have two 110 plugs and 4 USB plugs in the rear of the super structure body by back door.

VEHICLE INFORMATION

Equipment Number 6564 Replacement For 5091 Vehicle will be delivered to chosen vendor.

Job Code 98656423 – BOC 3111 – Override 0403 Vehicle Type:

2022 Chevy K5500 4X4 Crew Cab Chassis, 19,000 GVWR, Diesel, 84” Cab to Axle, Bright White

NOTE: Below are pictures of the inside of the super structure currently being utilized. The interior of super structures requested shall be configured similar as this configuration which works well for our helideck crews. The upfront shelves shown in the pictures were added by the Forest Service after previous superstructure was received.

The front shelves are included in these specifications and will be factory built.

Wind Deflector (does not have to be exactly like example picture)

(vii) Date(s) and Place(s) of Delivery and Acceptance USFS will drop off and pick up when complete. (340 North Cache Street, Jackson, WY 83001-0001)

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

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) Acknowledge any amendments issued on sam.gov by signing the posted SF-30 if one is posted.

3) Price Proposal – Include the following: completed price schedule on pg1.

4) All Vendor information must be completed (pg1). Failure to sign means disqualification from award.

5) Quotes due NO LATER THAN 11 Sep 2023, 08:00 AM, MT. No late quotes will be accepted.

No questions will be taken after 06 Sep 2023.

Deliver Quotes to: B. Shane Webster: barclay.webster@usda.gov (801) 908-1904

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

(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 solicitation will be most advantageous to the Government, price and other, “trade off”, factors considered. The following factors shall be used to evaluate offers.

1. Price: Lowest price may not always win the award when other factors are included. Fill in pricing on pg1.

2. All Specifications/Requirements Met: (Color, Capability, Equipment, ALL Minimum Specifications in section (vi), MUST BE MET! – 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. 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 a consideration

3. Delivery Date: You must be able to deliver by a reasonable date. The COR will decide if the date offered is acceptable.

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

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 (Cause) or (Default) are negative but 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 (pg1) will disqualify your quote.

A: You must be active (not expired) in SAM to submit a quote or have it evaluated or receive an award.

B: You must provide your UEID and expiration date on pg 1.

C: You must sign the solicitation, accepting the terms, for your quote to be evaluated or receive an award.

D: Do NOT provide a separate quote from this document. All information must be filled in on Pg 1. You may add too, but not change or take away from anything written herein. Inclusion of any added terms or conditions instantly disqualifies your quote, with the exception of warranties. You may add warranty information as needed.

(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 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.

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

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

☒ (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117-328).

☒ (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.

☒ (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.

☒ (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.

☒ (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.

☒ (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. chapter78 and E.O. 13627).

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

☒ (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 ☒ (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).

☒ (59) 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:

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 Johnson, Melissa -FS Use in solicitations and contracts exceeding the micro-purchase threshold when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied this part in accordance with 19.000(b)(1)(ii) – outside the US and its outlying areas.

Johnson, Melissa -FS Use in solicitations and contracts above the micro-purchase threshold, when the contract will be performed in the United States, unless allowing FPI to participate.

Johnson, Melissa -FS Use in all solicitations and contracts for the acquisition of supplies that are expected to exceed the micro-purchase thresholds.

Johnson, Melissa -FS Use if Clause 52.222-26 is required.

Johnson, Melissa -FS Use if the contract will exceed $10,000 or the aggregate value of all prime contracts or subcontracts awarded to a contractor in any 12-month period exceeds, or can reasonably be expected to exceed, $10,000. If the contract is exempt from one or more, but not all, of the requirements of E.O.11246, the contracting officer shall use the clause with its Alternate I.

Johnson, Melissa -FS Use in solicitations and contracts that exceed or are expected to exceed $15,000. If the Director of OFCCP or agency head waives one or more (but not all) of the terms of the clause in accordance with 22.1403(a) or 22.1403(b), use the basic clause with its Alternate I.

Johnson, Melissa -FS Use in all solicitations and contracts. Use Alt 1 for contracts to be performed outside of the US.

Johnson, Melissa -FS Use in all solicitations and contracts.

Johnson, Melissa -FS Use in solicitations and contracts for acquisition of services involving the furnishing of supplies.

(a) (1) (i) Insert the clause at 52.225-1, Buy American-Supplies, in solicitations and contracts with a value exceeding the micro-purchase threshold but not exceeding $25,000; and in solicitations and contracts with a value exceeding $25,000 if 225-3 or 225-5 don't apply, except if- (A)The solicitation is restricted to domestic end products in accordance with subpart 6.3;

(B)The acquisition is for supplies for use within the United States and an exception to the Buy American statute applies (e.g., nonavailability, public interest, or information technology that is a commercial product); or (C)The acquisition is for supplies for use outside the United States.

13.302-5 - When an acquisition for supplies for use within the United States cannot be set aside for small business concerns and trade agreements apply (see subpart 25.4), substitute the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, used appropriate alternate instead of the clause at FAR 52.225-1, Buy American-Supplies.

Johnson, Melissa -FS

(ii) The contracting officer shall use the clause with its Alternate I to reflect the domestic content threshold that will apply to the entire period of performance, when the senior procurement executive allows for application of an alternate domestic content test for the contract in accordance with 25.101(d). For contracts that the contracting officer estimates will be awarded in calendar year 2022 or 2023, the contracting officer shall insert “60” in paragraph (1)(ii)(A) of the definition of “domestic end product.” For contracts that the contracting officer estimates will be awarded in calendar year 2024, 2025, 2026, 2027, or 2028, the contracting officer shall insert “65”. For contracts that the contracting officer estimates will be awarded after calendar year 2028 the contracting officer shall insert “75”.

Johnson, Melissa -FS Use in solicitations and contracts, unless an exception applies.

Johnson, Melissa -FS Use in solicitations and contracts that include the provision at 52.204-7 System for Award Management, or an agency clause that requires a contractor to be registered in SAM and maintain registration until final payment, unless–(i) Payment will be made through a third party arrangement or (ii) An exception listed in 32.1103(a) through (i) applies.

☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

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

67).

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

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

Employee Class Monetary Wage/Fringe Benefits

☒ (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).

(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:

(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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 Johnson, Melissa -FS Use in solicitations and contracts if the contract is subject to the Service Contract Labor Standards statute and is-(i) Over $2,500; or (ii) For an indefinite dollar amount and the contracting officer does not know in advance that the contract amount will be $2,500 or less. Do not use if 222-51 or 53 apply.

Johnson, Melissa -FS Use in solicitations and contracts if the contract amount is expected to be over $2,500 and the Service Contract Labor Standards statute is applicable.

Johnson, Melissa -FS Use if clause 52.222-41 is included and work is in the US. US means the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act.

Johnson, Melissa -FS Use if clause 52.222-41 is included and where work is to be performed, in whole or in part, in the United States (the 50 States and the District of Columbia).

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)

(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:

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)

PROHIBITION ON A BYTEDANCE COVERED APPLICATION (FAR 52.204-27) (JUN 2023)

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

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

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

STOP-WORK ORDER (FAR 52.242-15) (AUG 1989)

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

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

CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (Feb 1998)

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

COST REIMBURSEMENT (FAR 52.243-2) (AUG 1987)

MODIFICATION FOR CONTRACT CLOSEOUT (AGAR 452.204-70) (USDA Deviation Jul 2022) PERIOD OF PERFORMANCE (AGAR 452.211-74) (Feb 1988)

Provisions:

FAR 52.204-7 System For Award Management (Oct 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting. (Aug 2020) FAR 52.212-3 Offeror Representations and Certifications, Commercial products and Commercial Services. (DEC 2022) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) FAR 52.204-26 Covered telecommunications Equipment or Services Representation. (OCT 2020) FAR 52.209-11 Representation by Corperations Reguarding Delinquent Tax Liability or a Felony Conviction Under Any Federal Law. (Feb 2016) FAR 52.212-3 Offeror Representations and Certifications, Commercial Products and Commercial Servivces. (Dec 2022) FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) FAR 52.252-5 Authorized Deviations in Provisions (NOV 2020)

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

(xv) Date, Time, and Place Offers are due Quotes due to barclay.webster@usda.gov by 11 Sep 2023, 0800 AM, MT, no late quotes will be accepted.

(xvi) Government Point of Contact Shane Webster 801-908-1904 barclay.webster@usda.gov mailto:barclay.webster@usda.gov mailto:barclay.webster@usda.gov