B02 USDA Food CNPP Request for Quote 05302024 AMD0001.pdf

Food and Nutrition Service, Braddock Metro Center, 1320 Braddock Place, Alexandria, VA 22314

USDA is an Equal Opportunity Provider, Employer, and Lender

Issuance Date: May 10, 2024

Deadline for Receipt of Questions: May 24, 2024, 12 PM EDT

Responses to Questions: May 31, 2024

Closing Date and Time: June 24, 2024, 12 PM EDT

Estimated Contract Effective Date: September 30, 2024

The purpose of Amendment 0001:

a. Provide a revised Performance Work Statement AMD0001

b. Provide an updated RFQ Pricing Sheet AMD0001

c. Provide the Past Performance Questionnaire AMD0001

d. Provide Question and Answers AMD0001

e. Update the Closing Date for Quotes to June 24, 2024, 12 PM EDT

SUBJECT: Request for Quote (RFQ) No. 12319824Q0021 Classifying and Measuring Household

Food Waste

Dear Offeror:

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, Streamlined Solicitation for Commercial Products or

Commercial Services, and FAR Part 13, Simplified Acquisition Procedures as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation 12319824Q0021, as referenced above, is issued as a Request for Quotation (RFQ).

This solicitation documents and incorporates provisions and clauses in effect through FAC

2024-04, fiscal year 2024.

https://www.usda.gov

Solicitation 12319824Q0021 is 100% Small Business Set-Aside

North American Industry Classification System (NAICS) Code: 541611 – Administrative

Management and General Management Consulting Services, small business size in millions is

$24.5 million.

North American Industry Classification System (NAICS) Code: 541720 – Research and

Development in the Social Sciences and Humanities, small business size in millions is $28 million.

North American Industry Classification System (NAICS) Code: 541990 – All Other Professional, Scientific, and Technical Servic28, small business size in millions is $19.5 million.

1. CONTRACT LINE ITEM / PRICING

Contract Type: Firm-Fixed-Price (FFP)

Contract with a 60-month period of performance. The specific details and descriptions of the Contract Line-Item Numbers (CLINs) are described in the pricing sheet (ATTACHMENT 2).

DELIVERABLE & PAYMENT SCHEDULE

Firm Fixed Price Milestone Payment Schedule and Deliverable Schedule

Payment will be made to the Offeror based upon delivery and acceptance of the tasks performed. Please submit a monthly payment and deliverable schedule in accordance with the PWS deliverables.

Please send Technical and Price Quotation regarding the RFQ via email to the Contract

Specialist, Danette Cole at Danette.Cole@usda.gov. No phone calls will be accepted.

All questions must be received using the Question Format (ATTACHMENT 3) no later than

(NLT) 12PM Eastern Daylight Time, by May 24, 2024. The due date for quotes to be received mailto:Danette.Cole@usda.gov is NLT than 12PM Eastern Daylight Time, June 24, 2024. Send quotation via email to

Danette Cole at Danette.Cole@usda.gov.

Thank you in advance and we look forward to reviewing your quotation/proposal.

Sincerely, Danette Cole

Contract Specialist

Contract Management Division (CMD)

Food, Nutrition, and Consumer Services (FNCS)

1. GENERAL INFORMATION

1.0 The United States Department of Agriculture (USDA), Food, Nutrition and

Consumer Service (FNCS), Center for Nutrition Policy and Promotion (CNPP) anticipates awarding a Firm-Fixed Price Contract for non-personal services under

NAICS Code: 541611 – Administrative Management and General Management

Consulting Services, NAICS Code: 541720 – Research and Development in the

Social Sciences and Humanities, and 541990 – All Other Professional, Scientific, and Technical Services, for the project titled, “Classifying and Measuring

Household Food Waste”, in accordance with the attached Performance Work

Statement (ATTACHMENT 1).

1.1 The Offeror shall provide all management, supervision, labor and equipment, planning, scheduling, and coordinating to ensure effective performance of all services and/or supplies as described in this RFQ.

1.2 Offeror shall ensure their representations, certifications, and other information on the System for Award Management (SAM) website are accurate and current at the time of quotation submission.

1.3 The resulting Contract will incorporate the Offeror’s completed pricing sheet

(ATTACHMENT 2).

In addition, FNCS requests that the Offeror include any available discounts which can be further added to its current Price List.

2. PERFORMANCE

The period of performance of this Contract is as follows:

Base: (Date of award) – through 60 months

Place of Performance:

The work under this Contract shall be performed at the offeror’s facility.

3. CONTRACT ADMINISTRATION

Contracting Officer (CO): The CO for this effort is as follows:

Name: TBD

Email: TBD

Contract Specialist (CS): The CS for this effort is as follows:

Name: Danette Cole

Email: Danette.Cole@usda.gov

Contracting Officer (CO) mailto:chase.lucas@usda.gov

(a)The Contracting Officer is the only person authorized to approve changes in any of the requirements of the contract. This authority remains solely with the Contracting Officer. In the event the Offeror effects any change at the direction of any person other than the

Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

(b) Only the Contracting Officer, Contract Specialist have the authority to contact the

Offeror to discuss costs and/or technical requirements of the contract.

(c) Contact from other government employees could result in unauthorized commitments. Government representatives who are working on, or asked to work on, a particular contractual issue should inform and coordinate the activity with the Contracting

Officer or COR. The COR must be a part of all contacts and meetings with the Offeror that pertain to scope or cost. Depending on the nature of the meeting, the COR must also give advance notification to the Contracting Officer or Contract Specialist. All contacts with the

Offeror must be documented and retained with the COR’s contract correspondence file.

As deemed appropriate, one copy must be forwarded to the Contracting Officer. Examples of documented contacts are providing technical direction, work plan instructions, deliverable rejection, potential changes to the Performance Based Work Statement or delivery schedule, costs and subcontractor or consultant recommendations.

(d) The Offeror shall designate one individual to be contacted during the period of the contract for handle contract administration in a prompt and timely manner:

Name: * Title: * Phone: * Email: *

*To be provided by Offeror

Contracting Officer's Representative (COR):

Name: TBD

Any correspondence concerning technical matters shall be forwarded directly to the

Contracting Officer’s Representative (COR), with copies to the CO and CS.

A COR will be given authority by the CO to monitor all technical aspects and assist in administration of the contract. The types of action within the purview of the COR are to assure that the Offeror performs all the technical requirements of the contract; to perform or cause to be performed all inspections and acceptance necessary in connection with performance of the contract; and to maintain both written and oral communication with the

Offeror concerning technical aspects of the requirements. The COR shall monitor the Offeror’s performance under the contract and notify the Offeror and the CO of any deficiencies observed, as well as to coordinate Government Furnished Property (if applicable) and to provide for site entry of Offeror personnel, if required.

Definitions:

“Contracting Officer’s Representative” – The Contracting Officer’s Representative (COR) is designated by the Contracting Officer, in writing, and is contract order specific. The COR is the technical representative for all technical requirements of the specific contract. “Contracting

Officer” – The Contracting Officer (CO) is the exclusive agent of the Government with the authority to enter and administer contracts. Thus, the CO has the responsibility to see that all requirements of the law and regulation are followed. The CO is the only individual with authority to enter, administer, or terminate contracts. The CO ensures performance of all necessary actions for effecting contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships.

The COR is not authorized nor has authority to:

• Award, agree to, or sign any contract, delivery order or Contract. All contractual agreements, commitments, or modifications shall be made only by the CO.

• Make any commitments or otherwise obligate the Government, or to make any changes to the contract.

• Grant deviations from or waive any of the terms and conditions of the contract.

• Impose or place a demand upon the Contractor to perform any task or permit any substitution not specifically provided for in the contract.

• Increase the dollar limit of the contract or authorize work beyond the dollar limit of the contract or authorize the expenditure of funds.

• Give direction to the Contractor or to the employees of the Contractor except as provided for in the contract.

• Change the period of performance.

• Authorize the purchase of equipment, except as required under the contract.

• Authorize the furnishing of Government property, except as required under the contract.

• Authorize subcontracting or the use of consultants.

• Approve shifts of funding between line items of the budget.

• Approve travel and relocation expense over and above that provided for in the contract.

• Authorize the use of overtime.

• When, in the opinion of the Contractor, the COR requests effort outside the existing scope of work, the Contractor shall promptly notify the contracting officer in writing.

No action shall be taken by the Contractor under such direction until the contracting officer has issued a modification to the contract; or until the issue has been otherwise resolved.

INVOICE REQUIREMENTS Submission of Invoices:

(a) Invoices shall be submitted in accordance with the “Authorized Payment Schedule” for each contract/task/order. The submission of an acceptable, progress update to the

Government is a condition precedent to processing of the Offeror’s pay request for the monthly invoice.

To constitute a proper invoice, the invoice must include the following information and/or attached documentation:

1. Name and address of the business concern;

2. Invoice number and invoice date;

3. Contract number, Delivery Order number, Purchase Order number, Contract number, or other authorization for delivery of property or services actually delivered or rendered;

4. Description, unit price, extended price, and quantity of property and services actually delivered or rendered with supporting documentation (i.e., travel receipts, etc.).

5. Shipping and payment terms;

6. Name, title, phone number, and complete mailing address of responsible official to whom payment is to be sent;

7. A certification statement saying that the funds have only been used for work for this contract;

8. Name, title, phone number, and mailing address of person to notify in the event of a defective invoice;

9. Taxpayer Identification Number (TIN) or DUNS+4; and

10. Offerors MUST note FINAL INVOICE on the final invoice when submitted upon final delivery of all supplies/equipment or completion of the contract. USDA and the Invoice Processing Platform (IPP) – http://www.ipp.gov/Offerors/index.htm.

http://www.ipp.gov/Contractors/index.htm

The IPP is a government-wide secure web-based payment information service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s

Financial Management Service (FMS).

One-time enrollment in IPP means that you will receive a series of emails from Treasury services. The first email will have the IPP Logon ID and link to the IPP application. A second e-mail, containing the password will be sent within 24 hours. Once you receive these emails, please login to the IPP application and complete the registration process.

Benefits of registering with IPP include the ability for your company to create invoices directly from a contract award and submit them electronically.

The IPP Customer Support Desk is available to assist users Monday through Friday (excluding bank holidays) from 8:00AM - 6:00PM ET, including answering any questions related to accessing IPP or completing the registration process. Their toll-free number is 866-973-3131 or they can be reached at: IPPCustomerSupport@fms.treas.gov. If you have any questions or concerns, please contact the Controller Operations Division Help Desk at: 1-877-243-3072 or via email at: cod.help@usda.gov.

1. INSTRUCTIONS

FAR 52.212-1 Addendum

General

a. Any questions concerning this RFQ must be submitted via email to the

Contract Specialist, Danette Cole at Danette.Cole@usda.gov by 12:00 PM

EDT May 24, 2024. All (timely) questions received and responses to these questions will be provided to the Offeror via email. Offeror shall not direct mailto:IPPCustomerSupport@fms.treas.gov mailto:cod.help@usda.gov any questions concerning this RFQ to anyone other than the Contract

Specialist.

b. This RFQ does not commit the Government to pay any costs incurred in the submission of any quotation or in making necessary studies for the preparation thereof. Nor does it commit the Government to procure or contract for said services. The Contracting Officer is the only individual who can commit the Government to the expenditure of public funds in connection with this proposed procurement. Costs shall not be incurred by the recipients of the solicitation document in anticipation of receiving direct reimbursement from the Government. The Government will not reimburse for quotation preparation. This solicitation and resulting award shall not cover charges for any items which are not specifically provided for by this solicitation. Offerors are cautioned that if it provides services or supplies not specifically covered during the performance of any subsequent award, regardless of who requested them (including the COR), payment will not be made.

c. The Government will award a single Firm-Fixed-Price Contract resulting from this RFQ to the Offeror if the quotation meets the Government requirements after evaluation.

d. Offeror shall provide sufficient information for the Government to determine its level of confidence in the ability of the Offeror to perform the requirements of the solicitation based on an assessment of the Offeror’s technical capability information submitted in its quotation. Offeror shall submit a complete and acceptable quotation in accordance with the instructions contained herein. Such a quotation: (1) is for the total requirement and scope stated in the RFQ and (2) accepts each of the requirements, provisions, terms and conditions, and clauses stated in all sections of this RFQ. Alternate quotations will not be considered.

e. Quotation shall remain valid for a minimum of 90 calendar days from the deadline for receipt of quotation.

1.1 Quotation Submission

a. Quotation submitted in response to this RFQ shall be formatted in accordance with the instructions provided in this section. The quotation must be received no later than Monday, June 24, 2024, at 12:00 PM EDT.

b. In addition, the Offeror shall set forth any assumptions used in development of its pricing. Any exceptions taken to the terms and conditions of the RFQ shall be stated in the price quotation. For each exception, the Offeror shall identify the term or condition, state the reason for the exception, and provide any other information concerning the exception. The Government reserves the right not to accept any exceptions to this RFQ.

Quotations shall consist of three volumes, as follows:

Volume 1 – Technical Capability - Includes Technical Approach & Management Approach

Volume 2 - Past Performance

Volume 3 - Price

TECHNICAL CAPABILITY (VOLUME 1) – NTE 20 Pages Total

1. The length of the technical capability volume shall not be more than 20 pages total.

Offeror is encouraged to submit the fewest number of pages responsive to the Performance

Work Statement requirements using the quotation section page limits as cited within this section. The Pricing information SHALL NOT be included in the technical quote.

Quote shall be submitted via email with the solicitation number in the subject line. All files shall be compatible with Microsoft Office product(s) and/or Adobe software.

2. Cover Page (not to exceed 1 page) –

At a minimum, this page shall include the Offeror’s name, address, taxpayer ID number, CAGE code, unique Employer Identification Number; Offeror’s Point of Contact to include name, title, phone number, and email address; the solicitation number and date of submission. This page shall also include a quotation validity date of no less than 90 days.

3. Executive Summary (not to exceed 2 pages)

The Executive Summary shall provide a concise narrative summary of your technical quotation, highlighting any key or unique features.

4. Technical Capability (not to exceed 17 pages)

TECHNICAL AND MANAGEMENT APPROACH (VOLUME 1)

At a minimum, the following shall be addressed:

a. A description (in the Offeror’s own words) of the technical approach that satisfies the requirements of the Performance Work Statement (PWS). The offeror must submit a comprehensive plan detailing their methodology for classifying and measuring household food waste. This discussion shall clearly demonstrate the Offeror’s understanding for performing and managing the work, including the proposed methods to ensure that schedules are met, the methods for achieving the goals and objectives stated herein, and any other information (i.e., difficulties, uncertainties, and risks associated with the work) that may bear on your ability to perform the PWS requirements successfully. At a minimum, the comprehensive plan must include the tasks and deliverables described in the PWS as well as details of the Offerors’ plans to achieve these tasks and complete these deliverables. A simple repetition and/or paraphrasing of the requirements set forth in this solicitation is unlikely to provide for an adequate demonstration by prospective Offerors of a proper understanding of the scope of effort required and may be judged as insufficient for establishing technical capability.

b. Offerors must outline their project management plan, emphasizing the structure and roles of the project team, the timeline for project milestones, and strategies for ensuring project deliverables are met on time. Offerors must describe their approach to protecting potentially sensitive and/or personally identifiable information throughout the project lifecycle. Key personnel qualifications, especially in areas relevant to food waste analysis, economics, and nutrition, should be highlighted. The Offeror shall describe its management plan, clearly outlining how it plans to accomplish the requirements of the PWS. The narrative shall address the Offeror’s plan to provide a clear chain of responsibility, quality control plan, cost control method, contract administration, and retention of qualified personnel to fill vacant positions and maintain continuity of personnel throughout performance of the contract.

c. The Offeror shall include its organizational structure and its staffing plan, which clearly outlines staffing levels that align personnel by proposed labor category and staffing information to support the proposed level of effort. The staffing plan shall address how the

Offeror will manage employee absenteeism as it relates to impact on operations and PWS requirements. The Offeror’s staffing plan shall specifically address the Offeror’s approach to staffing positions requiring appropriate security clearances and certification levels. The

Offeror shall submit a resume (restricted to two (2) pages) for each Key Personnel which clearly indicates required qualifications, certifications, and experience, along with statements of availability and letters of commitment for Key Personnel.

NOTE: The Offeror must notify the Contracting Officer if, between the time of quotation submission and award, their proposed key personnel will be unavailable to perform under the contract post-award.

PAST PERFORMANCE (VOLUME 2)

Offerors must provide past performance information in accordance with the instructions and format provided in (ATTACHMENT 4). It is the Offeror’s responsibility to send the Past

Performance Questionnaire to its customers and direct the customer to submit the completed survey to Danette Cole at Danette.Cole@usda.gov, no later than Monday, June

24, 2024, by 12:00 PM EDT. Past Performance Surveys received after the due date will be deemed late and may not be considered.

Offerors must provide evidence of their experience in projects related to food waste, nutrition, or similar fields. This should include examples of past projects that involved data collection, analysis, and reporting on food waste or similar projects. Offerors shall provide examples of three (3) past projects performed within the past five (5) years to include Task

Orders or Contracts for work of the same or similar to the requirements specified in the PWS, including timeliness and quality of services provided and brief descriptions of how the projects relate to this project and how the success of prior projects was determined. This list must include the contract number, value, description, and technical/contracting points of contact (POC’s). The POC’s names, telephone numbers, agency and e-mail addresses must also be included. These past projects will be evaluated for relevancy to the scope and requirements of this PWS.

If the reference does not submit a past performance questionnaire, the reference will not be considered in the relevancy and evaluation of the Offerors past performance.

PRICE (VOLUME 3)

Offer must be made on all tasks. The total price shall include the unit price, quantity, discount terms, and the total price. Offerors are required to submit a detailed budget that outlines all costs associated with the project, including personnel, data collection, analysis, reporting, and peer review. The budget should also include a justification for each cost item, demonstrating how it contributes to the project's objectives.

The price quotation shall include the following:

1. Your company’s Taxpayer Identification Number (TIN) and Dun & Bradstreet Number

(DUNS). Your company must have an active System for Award Management (SAM) registration.

2. Using (ATTACHMENT 2), the Offeror shall list each labor category it proposes to use in performance of the PWS, indicate the fully burdened unit price (hourly rate) for each proposed labor category, and indicate the proposed number of hours for each labor category listed.

(End of FAR 52.212-1 Provision)

2. ADDENDUM FAR 52.212-2 (EVALUATION)

BASIS OF AWARD:

Award shall be made to the responsible Offeror whose quote, in conforming to this Request for Quote, provides an overall best value to the Government. Technical factors and past performance when combined are more important than price. A single Firm-Fixed Price

Contract for 60 months will be awarded to the offeror who is deemed responsible in accordance with FAR Part 9, as supplemented, whose quotation conforms to the solicitation’s requirements, (to include all stated terms, conditions, representations, certifications, and all other information required by the FAR 52.212-1 Addendum of this solicitation) and is judged, based on the evaluation factors to be the best value for the Government. CPARS and FAPIIS searches will be conducted to determine if the selected awardee is a responsible Offeror.

The Government reserves the right not to make an award as a result of this competition if, in the opinion of the Government, none of the submissions would provide satisfactory performance at a price that is considered fair and reasonable and/or economically feasible.

The Government may waive informalities and minor irregularities in quotes received.

The Government may select outside experts to aid in the review of the quotation.

EVALUATION FACTORS:

The Government reserves the right to incorporate any part of the awardee’s quotation, in part or whole, into the contract. If the Government elects to exercise this right, the Government will address with the awardee whether or not that aspect of the quotation needs to be protected due to being proprietary or a trade secret.

Evaluation Factors

Factor 1: Technical Capability (Technical and Management Approach)

Factor 2: Past Performance

Factor 3: Price

FACTOR 1 - TECHNICAL CAPABILITY (VOLUME 1)

The Government will evaluate the overall quality, reasonableness, and comprehensive understanding of the Offeror’s technical and management approaches as to whether it includes a detailed narrative that clearly outlines the methodology for accomplishing the requirements of the PWS.

Technical & Management Approach

The Government will evaluate the technical approach as to how well it addresses accomplishment of PWS requirements and whether it clearly demonstrates the Offeror’s understanding for performing and managing the work; to include the proposed methods of ensuring schedules are met, goals and objectives are achieved, and any other information that may bear on the Offeror’s ability to successfully perform PWS requirements.

The Offeror’s technical approach will be evaluated to ensure a clear and concise presentation of the technical approaches methodology to accomplish each area of concentration outlined in (ATTACHMENT 1) Performance Work Statement. The technical approach will be evaluated to determine if the Offeror’s offer reflects a substantive understanding of the scope, complexity and requirements associated with the objectives described in the PWS. The proposal will also be evaluated to determine if the Offeror’s technical approach has sufficient details to indicate a technical understanding of, and capability for, performing all the aspect of the PWS.

The following ratings will be applied to Offeror's Technical & Management evaluation:

Adjectival Rating Definition

Exceptional Quote/Offer contains no deficiencies and fully addresses all aspects of the criteria and demonstrates an excellent approach/solution and understanding of the requirements. Many strengths exist, far outweighing any weaknesses. The highest quality of contract performance is anticipated with very low risk.

Very Good Quote/Offer contains no deficiencies; fully addresses all aspects of the criteria and demonstrates a very effective approach/solution and understanding of the requirements. Some weaknesses may exist; however, the weaknesses, if any, are outweighed by strengths. A high quality of contract performance is anticipated with low risk.

Satisfactory Quote/Offer contains no deficiencies; addresses all aspects of the criteria and demonstrates an adequate approach/solution and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. A quality contract performance is anticipated with an acceptable amount of risk.

Marginal Quote/Offer may contain deficiencies; fails to address all of the criteria and does not demonstrate an adequate approach/solution or understanding of the requirements. One or more weaknesses exist which are not offset by strengths. Contract performance is anticipated with high risk.

Unsatisfactory Quote/Offer contains many deficiencies and does not address all aspects of the criteria and/or does not present evidence demonstrating an adequate approach/solution and understanding of the requirements. Many weaknesses and/or omissions exist creating an unacceptable risk.

FACTOR 2 – PAST PERFORMANCE (VOLUME 2)

The Government will review the Offeror’s submitted past performance information for work that was performed within the last five years or is ongoing for relevancy to this requirement based on comparable size/scope and complexity.

The offeror shall be rated in Past Performance on the probability of meeting the solicitation requirements based on the offeror’s demonstrated record of recent and relevant quality work performance in meeting contract requirements. Based on an integrated assessment of recent, relevancy and quality of work, the Government will assign an overall past performance rating as follows:

FACTOR 3 – PRICE (VOLUME 3)

Rating Description

Relevant Past/present performance effort involved much of the similarity, magnitude of effort and complexities this solicitation requires.

Somewhat

Relevant

Past/present performance effort involved some of the similarity, magnitude of effort and complexities this solicitation requires.

Not

Relevant

Past/present performance effort did not involve any of the similarity, magnitude of effort and complexities this solicitation required.

To be considered for award, the Offeror shall submit prices which comply with the requirements set forth in the FAR 52.212-1 Addendum above. Offerors who fail to comply with these requirements will receive no further consideration and may be eliminated.

For price evaluation purposes, the Government will calculate the total evaluated price (which includes any offered discounts) for the Offeror by adding the total price for the period of performance. The Government will evaluate the Offeror’s quoted prices to assess the reasonableness of the total evaluated price to perform all services. The Government may require submission of information other than cost or pricing data to the extent necessary to evaluate price reasonableness.

The primary criteria evaluated on an Offeror’s price proposal is the discount provided in pricing. The Offeror’s price quote shall be evaluated to determine if the firm-fixed price proposed for each labor category is fair and reasonable for this multi-year contract. The

Government may use various price analysis techniques and procedures to determine fair and reasonableness as follows:

• Comparison of proposed prices received in response to the solicitation.

• Comparison of previously proposed prices and contract prices with current proposed prices for the same or similar end items or services if both the validity of the comparison and the reasonableness of the previous prices can be established.

• Comparison of proposed prices with the Independent Government Cost

Estimate.

• Comparison of proposed prices with prices obtained through market research for the same or comparable items or services.

(End of FAR 52.212-2 Addendum)

1. PROVISIONS AND CLAUSES

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (Feb 1998)

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

The following provision(s) are incorporated by reference:

52.204-7 System for Award Management (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting

52.204-26 Covered Telecommunications Equipment or Services—Representation

52.212-1 Instructions to Offerors – Commercial Products and Commercial

Services

52.212-3 Offeror Representations and Certifications-Commercial Products and

Commercial Services

The following provision(s) are incorporated by full text:

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph

(c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services— https://www.acquisition.gov/far/52.204-26#FAR_52_204_26

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—

1. (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 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

2. (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—

3. (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

4. (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 https://www.sam.gov/ 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:

5. (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.

6. (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:

7. (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.

8. (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.

(End of provision)

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address

(es): www.acquisition.gov

The following clause(s) are incorporated by reference:

52.203-3 Gratuities

52.203-12 Limitation on Payments to Influence Certain Federal Transaction

52.204-13 System for Award Management Maintenance

52.204-18 Commercial and Government Entity Code Maintenance

52.204-19 Incorporation by Reference of Representations and Certifications

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial

Services

52.212-5 Contract Terms and Conditions Required to Implement Statues or

Executive Orders-Commercial Products and Commercial Services http://www.acquisition.gov/

52.222-41 Service Contract Labor Standards (Aug 2018)

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018)

FAR 52.217-2 Cancellation Under Multi-Year Contracts (Oct 1997)

(a) "Cancellation," as used in this clause, means that the Government is canceling its requirements for all supplies or services in program years subsequent to that in which notice of cancellation is provided. Cancellation shall occur by the date or within the time period specified in the Schedule, unless a later date is agreed to, if the Contracting Officer-

(1) Notifies the Contractor that funds are not available for contract performance for any subsequent program year; or

(2) Fails to notify the Contractor that funds are available for performance of the succeeding program year requirement.

(b) Except for cancellation under this clause or termination under the Default clause, any reduction by the Contracting Officer in the requirements of this contract shall be considered a termination under the Termination for Convenience of the Government clause.

(c) If cancellation under this clause occurs, the Contractor will be paid a cancellation charge not over the cancellation ceiling specified in the Schedule as applicable at the time of cancellation.

(d) The cancellation charge will cover only-

(1) Costs-

(i) Incurred by the Contractor and/or subcontractor;

(ii) Reasonably necessary for performance of the contract; and

(iii) That would have been equitably amortized over the entire multi-year contract period but, because of the cancellation, are not so amortized; and

(2) A reasonable profit or fee on the costs.

(e) The cancellation charge shall be computed, and the claim made for it as if the claim were being made under the Termination for Convenience of the Government clause of this contract. The Contractor shall submit the claim promptly but no later than 1 year from the date-

(1) Of notification of the nonavailability of funds; or

(2) Specified in the Schedule by which notification of the availability of additional funds for the next succeeding program year is required to be issued, whichever is earlier, unless extensions in writing are granted by the Contracting Officer.

(f) The Contractor’s claim may include-

(1) Reasonable nonrecurring costs (see subpart 15.4 of the Federal Acquisition Regulation) which are applicable to and normally would have been amortized in all supplies or services which are multi-year requirements;

(2) Allocable portions of the costs of facilities acquired or established for the conduct of the work, to the extent that it is impracticable for the Contractor to use the facilities in its commercial work, and if the costs are not charged to the contract through overhead or otherwise depreciated;

(3) Costs incurred for the assembly, training, and transportation to and from the job site of a specialized work force; and

(4) Costs not amortized solely because the cancellation had precluded anticipated benefits of

Contractor or subcontractor learning.

(g) The claim shall not include-

(1) Labor, material, or other expenses incurred by the Contractor or subcontractors for performance of the canceled work;

(2) Any cost already paid to the Contractor;

(3) Anticipated profit or unearned fee on the canceled work; or

(4) For service contracts, the remaining useful commercial life of facilities. "Useful commercial life" means the commercial utility of the facilities rather than their physical life with due consideration given to such factors as location of facilities, their specialized nature, and obsolescence.

(h) This contract may include an Option clause with the period for exercising the option limited to the date in the contract for notification that funds are available for the next succeeding program year. If so, the Contractor agrees not to include in option quantities any costs of a startup or nonrecurring nature that have been fully set forth in the contract. The

Contractor further agrees that the option quantities will reflect only those recurring costs and a reasonable profit or fee necessary to furnish the additional option quantities.

(i) Quantities added to the original contract through the Option clause of this contract shall be included in the quantity canceled for the purpose of computing allowable cancellation charges.

(End of clause)

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed

6 months. The Contracting Officer may exercise the option by written notice to the Offeror within 30 days before the Call Order expiration.

FAR Subpart 7.5 – INHERENTLY GOVERNMENTAL FUNCTIONS

Pursuant to FAR 7.503, the Offeror shall not perform any inherently Governmental functions under this contract. No Offeror employee shall hold him or herself out to be a Government employee, agent, or representative. No Offeror employee shall state orally or in at any time that he or she is acting on behalf of the Government. In all communications with third parties writing in connection with this contract, Offeror employees shall identify themselves as

Offeror employees and specify the name of the company for which they work.”

FAR Subpart 37.1 SERVICE CONTRACTING

Consistent with FAR 37.104, no personal services shall be performed under this contract. All performance requirements shall flow only from the COR to the Offeror's Project Manager or

Section Leads. No Offeror employee will be directly supervised by the Government. All individual Offeror employee assignments, and daily work direction, shall be given by the applicable Offeror employee supervisor. If the Offeror believes any Government action or communication has been given that would create a personal services relationship between the Government and any Offeror employee, the Offeror shall promptly notify the Contracting

Officer.

The following Department of Agriculture Acquisition Regulations (AGAR) are in full text:

AGAR 452.204-70 INQUIRIES (FEB 1988)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

(End of Provision)

AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996).

A post award conference with the successful offeror is required. It will be scheduled within 7 days after the date of contract award. The conference will be held virtually.

AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Offeror shall assign to this contract the following key personnel:

Position / Labor Category

Determined by Offeror

(b) During the first ninety (90) days of performance, the Offeror shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Offeror shall notify the

Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below.

After the initial 90-day period, the Offeror shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Offeror shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting

Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Offeror within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

AGAR 452.237-75 RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

(a) The Offeror agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the

Government in the strictest confidence. The Offeror also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Offeror's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Offeror agrees to immediately notify in writing, the Contracting

Officer, named herein, in the event that the Offeror determines or has reason to suspect a breach of this requirement.

(b) The Offeror agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer.