RFQ.pdf

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(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 businesses. The NAICS code is 562991 and the Small Business Size Standard is $8.0.

(v) Schedule of Items/Price Schedule

Schedule of Items

Project Description: Columbine Ranger District Vault Toilet Pumping

Vendor Name: __________________________________Vendor UEI:___________________

Period of Performance - 08/01/2023 – 02/29/2024

Item Locations

Estimated Pumps

Per Season

Unit Price Total Price

Upper Lemon

1 Double Unit - CXT 2- 1000 Gal Vaults

1 $ $

Junction Creek Trailhead

1 Double Unit – CXT 2 – 1000 Gal Vaults

1 $ $

Lower Hermosa Trailhead

1 Single Unit – CXT 1 – 750 Gal Vault

1 $ $

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Upper Hermosa Trailhead 1 Double Unit – Romtec

2 – 1000 Gal Vaults 1 $ $

Coalbank Interpretive Site

1 Double Unit 2 – 1000 Gal Vaults

2 $ $

Andrews Lake Fishing

1 Single Unit 1 – 1000 Gal Vault

3 $ $

Molas Overlook 1 Double Unit

2 – 1000 Gal Vaults 4 $ $

Colorado Trail Trailhead

1 Double Unit - CXT 2 – 1000 Gal Vaults

4 $ $

Little Molas Campground

1 Single Unit - CXT 1 – 750 Gal Vaults

3 $ $

S. Mineral Dispersed Kendall

1 Single Unit - CXT 1 – 750 Gal Vault

2 $ $

S. Mineral Dispersed Goldenhorn

1 Single Unit - CXT 1 – 750 Gal Vault

2 $ $

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La Plata Canyon Miner’s Cabin 1 Single Unit

1 – 750 Gal Vault

1 $ $

La Plata Canyon La Plata City 1 Single Unit

1 – 750 Gal Vault

1 $ $

South Mineral Canyon South Mineral Fee

Campground 1 Double Unit

2 – 1000 Gal Vaults

2 $ $

La Plata Canyon Madden Creek 1 Single Unit

1 – 750 Gal Vault

1 $ $

Total Price $

*Total Price for each of the 16 locations must include all travel related costs, pumping costs, and dumping costs.

Emergency Pumping $

Dump Fee per Gallon $

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

Project SJNF Columbine Ranger District Vault Toilet Pumping

General Information

1. Scope of Work

The Contractor shall provide all labor, supplies, supervision, tools, materials, equipment, and transportation necessary to provide pumping services for sixteen vault toilets in a manner that will maintain a satisfactory facility condition and present a clean, neat, and professional appearance. The requirement is for vault toilet pumping only and does not include cleaning the restroom other than assuring pumping area is clean. The vault restrooms are mostly CXT Inc. and Romtec concrete buildings, which are self-contained toilets that do not require water, sewer, or electricity. There are also several older models wood or brick buildings.

2. Background

The Columbine Ranger District of the San Juan National Forest manages many recreation sites that provide toilet facilities for the public. These recreation sites are located at Vallecito and Lemon Reservoirs, La Plata Canyon, Hermosa Area and along the US HWY 550 corridor to South Mineral Creek located north of Silverton, Colorado and at several other locations. These sites are not in fee campgrounds.

Terrain features are mountainous, travel over passes on state highways and graveled forest service roads.

3. Description of Agreement

Multiple Blanket Purchase Agreements (BPA) may be established to provide for Vault Toilet Pumping at USDA Forest Service managed recreation sites located across Columbine Ranger District as identified in the Schedule of Items.

The BPA will be reviewed annually.

These services are normally required before and during the operating season, which normally runs from May 15 through October 15 annually. Some locations also require services at the end of each season.

Additionally, some toilets may require winter pumping. Emergency services will be performed on a call as needed basis. Occasional emergency pumping may be required outside the normal workday constraint.

Response time for any emergency will be by mutual agreement between the Government and Contractor.

The number of sites and frequency of service may be increased or decreased throughout the life of the BPA and are subject to the changes clause.

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Vault capacity is identified in the schedule of items above. Vaults need to be pumped when they reach 80% Capacity, with 90% of the vault contents removed per standard commercial practices. All vault

1240LQ23Q0036, Columbine Vault Toilet Pumping, SJNF Page 6 of 26 waste shall be disposed of at a commercial treatment facility off National Forest Lands. Applicable OSHA, State and Local laws and regulations will be followed. It shall be the responsibility of the Contractor to secure permission from local municipal plants to add such waste to their system with any cost to be at the Contractor’s expense.

4. Extent of Obligation

The Government is only obligated to the extent of authorized calls actually placed against this BPA by authorized personnel, against authorized items.

5. Purchase Limitations

BPA Calls should not exceed $250,000 annually.

The limitation for each individual call order under this BPA shall not exceed $50,000.

6. Individuals Authorized to Order Under this BPA

- Any Intermountain FPO Contracting Officer/Contracting Specialist/Purchasing Agent

*Government micro purchase card may be used for emergency orders not to exceed $2,500.

7. Delivery tickets

All Order under this agreement shall be accompanied by an itemized invoice and shall contain the following information:

(i) Vendor Name.

(ii) Contact information email and phone number

(iii) BPA number and BPA Call Order number

(iv) Date of service.

(v) Itemized list of services corresponding to the Schedule.

(vi) Quantity, unit price and extension of each item

Additional dump fee tickets shall be submitted with invoice. Tickets must show the location(s) from which the sewage was pumped.

8. Invoices

An individual invoice will be required for each delivery or as specified and allowed by each call. The “Submit Invoice-to” address for all orders is the Department of Treasury’s Invoice Processing Platform (IPP). The Contractor shall register and submit all invoices via IPP unless otherwise noted in an individual call. This platform is managed by the U.S. Department of Treasury and additional information is available at this website: https://www.ipp.gov/index.htm.\

Vendors register at: https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account.

9. Placement of Calls

Agency personnel authorized to place calls against this BPA MUST furnish a list of calls placed to the COR and Contracting Officer monthly.

https://www.ipp.gov/index.htm./

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10. Completion Date of Calls

The completion date for calls shall be established when each call is placed.

11. Payment and Acceptance

Payments will be made through (Electronic Funds Transfer (EFT) via IPP (see Paragraph 8 above) unless otherwise noted on a specific call.

12. Cancellation of BPA

The United States Government reserves the unilateral right to cancel this BPA by providing written notification to the Contractor. The Contractor may withdraw from this BPA upon written request to the Contracting Officer. Withdrawal from the BPA does not affect awarded calls.

13. Points of Contact and Mailing Address

Molly Donoghue, Purchasing Agent USDA Forest Service 1617 Cole Blvd.

Building 17 Lakewood, CO 80401 molly.donoghue@usda.gov

14. Period of Performance

Date of Award estimated 08/01/2023 through 02/29/2024 and may be renewed annually not to exceed 5 years.

The agreement shall be reviewed annually and updated as necessary 30 calendar days before expiration of date to conform to the requirements of the Federal Acquisition Regulation.

15. Modifying the BPA

This Blanket Purchase Agreement shall be changed only by modifying the agreement itself and not by individual orders issued under it. Only the Contracting Officer, or their designated successor, may modify this BPA.

16.Technical Specifications

Contractor Equipment shall meet or exceed these minimum requirements:

1.Pumper tank capacity of 1500 gallons.

2.Vacuum pump.

3. 3-inch diameter intake valve and 200 feet of hose.

4. Long handled grappling device.

5. Capability of carrying extra water for cleaning purposes and for re-charging.

6. Back-up warning devices.

Pumping Procedures when an outside Manhole is Available mailto:molly.donoghue@usda.gov

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As long as the outside pump-out access is in excess of 20 inches in diameter (or 20 inches square) the Contractor shall not be allowed to remove the vault contents through the toilet riser.

After removing the manhole cover, use the clam rakes or long handles grabber to remove as much of the debris as possible before trying to pump out the waste. This procedure will help stir up the contents of the vault and breakup the dense concentration of waste typically located just under the toilet riser (the impact zone).

By removing most or all of the debris before pumping, the Contractor will find that the hose will not clog so often, and the liquid portion of the contents will not be removed before the thicker solids are removed.

All Debris Removed From The Vault Shall Be Placed Into A Leak Proof Container So That No Contamination To The Surrounding Ground Will Result.

If the bottom of the vault is flat, then the waste shall be removed down to within 4-5 inches of the bottom.

At this point the hose will begin to suck air (vortexing) and further removal will be slow. At this time remove any further debris that was not removed during the initial raking and removal. Using a high-pressure jet washer system, wash down the interior walls of the vault before the clinging debris has a chance to dry. If at this time there is a heavy concentration of solids on the bottom of the vault, use the high-pressure jet washer system to break up and dilute the solids and then pump this diluted waste, down again until the suction hose begins to suck too much air to make further pumping practical. The flat bottomed vault shall now be pre-charged with enough clean, fresh water to bring the depth of water up to 10 inches.

If the bottom of the vault is sloped (all vaults should be sloped a minimum of 1 inch per ft.), then pump the waste down (at the deep end) to where the hose begins to suck air. Remove any remaining debris and then go inside the building with the high-pressure jet washer system and wash the remaining waste down the sloped bottom. Wash down the vault walls from inside the building or from the outside manhole, whichever is easier. Now pump out the remaining waste and the water that was just added by the high-pressure jet washer until the suction hose begins to suck too much air to make further pumping impractical.

Pre-charge the vault with clean, fresh water so that there is 10 inches of water covering the bottom under the toilet riser. Add the recommended amount of Citrus deodorizer (or equivalent) to deodorize the remaining vault contents.

Thoroughly clean and disinfect all contaminated areas resulting from the pumping process. Either sweep or wash all waste that is deposited on the concrete surrounding the manhole cover, back into the vault if possible. The waste that runs off the edge of the concrete, onto the dirt or into the gravel edge, will be an attractant for flies, a potential health risk and an odor problem. This problem should be avoided. Clean

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1240LQ23Q0036, Columbine Vault Toilet Pumping, SJNF Page 8 of 23 thoroughly around the manhole cover gasket area and replace the cover. The manhole cover MUST fit with an airtight seal so that the venting process of the vault toilet is not interfered with. If there is not an airtight seal, the Contractor shall notify the COR and District Representative.

Pumping Through the Toilet Riser When There Is No outside Manhole

The Contractor shall remove the toilet riser prior to pumping or removing debris. The Contractor shall not remove debris through or pump through the toilet riser without removing the riser. Remove the debris and pump in accordance with 4-1.

Extra care shall be taken to prevent waste spillage onto the interior floor and wall surface while removing debris and while pumping. The toilet paper dispenser and toilet riser shall be protected from damage and the toilet paper shall be covered with a waterproof material prior to removing debris or pumping, in order to prevent the paper from getting contaminated.

During the final cleanup, the interior floor surface and any wall surface that was contaminated by waste shall be thoroughly disinfected. Again, every effort shall be made to sweep or wash the spilled waste back into the vault. The Contractor shall not allow the spilled waste to be washed or swept out through the front door because the waste will collect at the edge of the concrete and the dirt (or gravel) will become an attractant for flies, a possible health risk for barefoot persons and an odor problem. Thoroughly wash and disinfect both the inside and outside of the toilet riser and the seat and cover before replacing the riser. The toilet riser and seat shall be dry before the Contractor leaves the work site. Remove the waterproof covering that was protecting the toilet paper and make sure the paper did not get contaminated. If the paper did get contaminated, The Contractor shall notify the COR or District Representative. The door handles or knobs shall also be disinfected and dry before the Contractor leaves the job site.

Each unit shall be available for immediate use after the pumping and final cleanup. The Contractor shall not leave any toilet location until final cleanup is accomplished.

Offsite Disposal of Sewage and Debris

The Contractor shall be properly licensed and shall be responsible for making disposal arrangements, including disposal of all effluent, debris, and trash, and payment of all fees.

Disposal shall conform to all Federal, State and Local laws and ordinances. COR shall approve all disposal sites before pumping begins.

The Contractor shall be responsible to prevent spillage and to haul all waste material (sewage and debris) in watertight containers. Handling of all waste material shall be in accordance with all applicable health regulations.

“The Contractor shall dispose of all effluent in a State approved water disposal facility and shall furnish certifications of written evidence that only such approved facilities are used. Dumping at sanitary landfills shall not be permitted. No septic or vault waste shall be dumped on agricultural lands or private properties. Dumping shall only occur in Forest Service lagoons with written approval.”

Conduct of Personnel

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The Contractor and his/her employees shall make every reasonable effort to prevent interference with the normal use and occupancy of recreation areas while engaged in the performance of the agreement. Due to the nature of the duties under the agreement, the Contractor and his/her employees shall keep themselves and equipment presentable at all times. The Contracting Officer may, in writing, require the Contractor to remove from the work site any employee the Contracting Officer deems incompetent, careless, discourteous to the public or is otherwise objectionable, or for theft, possession and/or removal of materials, supplies, equipment or any Government-owned property.

Resource Damage

Any damage or defacement that occurs to government property or land resources during the Contractor’s operations shall be repaired at the Contractor’s expense to its original condition. Onsite Inspection will be made by the COR or District Representative prior to acceptance of work.

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

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

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

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

a) Technical – The technical response shall address the evaluation factors in 52.212-2. At a minimum technical response shall include:

i) Past Performance – provide a list of similar projects completed by your firm over the past three years. Include a brief description of the project, dollar amount, year completed, and project owner contact information (name, phone, and email). The government may use past performance information from any available source. If a company does not have past performance information available, information may be provided for predecessor companies, key personnel, or subcontractors. In the event that there is no past performance information available, the offeror will receive a neutral rating in this factor.

b) Price – Include the following: 1) the completed Schedule of Items from Section B of this solicitation, and 2) acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment(s).

c) Representations and Certifications – Fill in the check boxes for provisions 52.204-24, 52.212-3, and Employment of Eligible Workers-Workforce Certification found in paragraph x of this solicitation and include a copy with your offer.

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

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3) Submit offer by email to molly.donoghue@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Past Performance, Price, and Representations and Certifications) in Microsoft Word, Excel, 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 Molly Donoghue.

4) Address questions about this solicitation to Molly Donoghue at molly.donoghue@usda.gov.

(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 factors considered. The following factors shall be used to evaluate offers:

Past Performance and Price.

Past Performance and Price, when combined, are equal.

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

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(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.

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(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—

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(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:

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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.

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 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

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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:

(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:

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

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

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

3509)).

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

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

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

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

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

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

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

☐ (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

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

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

☐ (11) [Reserved].

☐ (12) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15

U.S.C.657a).

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

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

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

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

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

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

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

(3)).(DEVIATION DEC 2022)

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

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

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

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

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

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

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

☐ (20) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s) [Contracting Officer check as appropriate.]

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

☐ (21) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

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

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

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

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

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

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

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

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

☐ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022)

(E.O.13126).

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

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

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

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

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

☒ (33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

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

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

☒ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

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

E.O. 13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

☐ (37) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

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

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

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

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

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

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

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

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

8259b).

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

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

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

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

☐ (47) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

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

☐(ii) Alternate I (Oct 2022) of 52.225-1 ☐ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (19

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

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

☐(ii) Alternate I [Reserved] ☐(iii) Alternate II (Dec 2022) of 52.225-3.

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

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

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

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

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

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

5150).

☐ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

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

☐ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

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

☐ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services

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

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☒ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

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

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

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

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

☐ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov

2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

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

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

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

23370 GENERAL MAINTENANCE

WORKER

The General Maintenance Worker performs general maintenance and repair of equipment and buildings requiring practical skill and knowledge (but not proficiency) in such trades as painting, carpentry, plumbing, masonry, and electrical work. Work involves a variety of the following duties: replacing electrical receptacles, wires, switches, fixtures, and

WG-8 / $27.01

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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Employee Class Monetary Wage/Fringe Benefits motors, using plaster or compound to patch minor holes and cracks in walls and ceilings, repairing or replacing sinks, water coolers, and toilets painting structures and equipment; repairing or replacing concrete floors, steps, and sidewalks, replacing damaged paneling and floor tiles, hanging doors and installing door locks, replacing broken window panes, and performing general maintenance on equipment and machinery. Excluded are: a. Craft workers included in a formal apprenticeship or progression program based on training and experience; b. Skilled craft workers required to demonstrate proficiency in one or more trades; c. Workers performing simple maintenance duties not requiring practical skill and knowledge of a trade (e.g., changing light bulbs and replacing faucet washers)

☒ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

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

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

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

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

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

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

U.S.C. 1792).

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

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(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…