S01 1449 RFQ 12FPC421Q0022.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

FPAC-HQ-APD-NC

RALEIGH NC 27609

4407 Bland Rd. Ste. 117 Operations Branch FPAC Business Center

NRCS-VT-121644 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORFPAC-HQ-12FPC4

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/08/2021 1500 ET

06/16/2021

787-370-0562ORIEL VELEZ OLIVIERI

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12FPC421Q0022

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 6 See ScheduleOFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

COLCHESTER VT 5446

356 MOUNTAIN VIEW DR., STE. 105

USDA-NRCS-VERMONT STATE OFFICE

15. DELIVER TO

WASHINGTON DC 20250

1400 INDEPENDENCE AVE SW, RM 6801-S

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FPAC BUS CNTR-ACQ DIV-OPS BRANCH-SE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The United States Department of Agriculture (USDA)Natural Resource Conservation Services (NRCS) Vermont State Office requires the obtain services for treatment of invasive species at various WRP properties in Addison and Rutland Counties.

The USDA NRCS has authority to administer voluntary conservation easement programs. All properties involved with this purchase order are enrolled in the former Wetland Reserve Program

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

AMY D. STONEBRAKER

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

(WRP), which is now called the Agricultural

Conservation Easement Program Wetland Reserve

Easement component (ACEP-WRE). The Federal government has an in-perpetuity obligation to manage these lands as restored wetlands and wildlife habitat.

Invasive herbaceous plants including common reed

(Phragmites australis) and reed canarygrass

(Phalaris arundinacea) are established in these former agricultural fields, now restored wetlands. These invasive plants need to be controlled because they are outcompeting native vegetation and decreasing wildlife habitat quality for native reptiles, amphibians, mammals, and birds.

The Contractor shall follow the Statement of

Work, applicable Federal, State, and Local regulations, and conservation practice standards and specifications to provide Herbaceous Weed

Treatment services for the associated properties.

The services entail the following:

Herbaceous Weed Treatment (315) controlling a minimum of 90% of the invasive herbaceous plant species within targeted areas while minimizing impacts to non-target plants and animals.

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

6 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 6

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12FPC421Q0022

The Contractor must have current commercial pesticide applicator Core and Category 2 Forest

Pest certifications with the Vermont Agency of

Agriculture. The Contractor will provide a copy of these certifications along with their quote for performing these Herbaceous Weed Treatment services.

The work is composed of three groups as follows:

GROUP 1 - ADDISON AND RUTLAND COUNTIES

-TCN WRP

-Oliver Ketcham WRP

-Bertrand 162 WRP

-Stone East WRP

-Estate of Barbara Ketcham WRP

GROUP 2 - ADDISON COUNTY

-Gorton WRP

-Payne WRP

-SD Ventures WRP

GROUP 4 - RUTLAND COUNTY

-Maroney WRP

-Pomainville WRP

Interested offerors will meet at 9:30 AM Eastern

Standard Time, June 28th, 2021 in the parking lot of the Pomainville Wildlife Management Area located along route 7 in Pittsford, Vermont.

https://goo.gl/maps/MeAG72LTYQgwPqMPA.

Work will be phased out as follows:

Base/Year One treatment will be during the months of August and September 2021. Invasive treatment for the subsequent years, year 2 and 3, will be applied during the months of May through

September. The project shall be completed no later than October 1, 2025. Acceptance of the work will be at the USDA NRCS Vermont State

Office, Attn: James Eikenberry.

Questions must be submitted in writing, via email to Mrs. Oriel Vélez-Olivieri, Contracting

Officer, oriel.velez@usda.gov.

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

4 6

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12FPC421Q0022

0001 1 EA

All Contractors must be registered in the

Beta.SAM, prior to award of a Federal Contract.

For information regarding registration visit https://www.beta.sam.gov

This acquisition is a 100% set aside for Small Business vendors. The applicable North American Industry Classification System (NAICS) code is 115310 - Forestry Services. The small business size standard is $8.0 million. For more information on size standards, please visit http://www.sba.gov/size.

The following items will be submitted with your quote:

Attachment 1 - Price Schedule- CONTRACTOR INFORMATION - COPY of Pest Control Certificate -

RETURN WITH QUOTE

Attachment 5 - Certifications - RETURN WITH QUOTE Attachment 7 - Conservation Cooperator Acknowledgement - RETURN WITH QUOTE

EVALUATION FACTOR 1 - TECHNICAL CAPABILITY -

RETURN WITH QUOTE

EVALUATION PAST PERFORMANCE FACTOR 3 - RETURN

WITH QUOTE

QUOTES THAT ARE RECIVED INCOMPLETE WILL BE

REJECTED AND WILL NOT BE CONSIDERED FOR AWARD.

ENSURE THAT YOUR QUOTE CONTAINS ALL DOCUMENTS

ABOVE.

Documents will be sent to the Contract Specialist Ms. Oriel Velez no later than 3:00pm EST on July 8, 2021 at oriel.velez@usda.gov

Period of Performance: 08/02/2021 to 10/01/2025

GROUP 1 - Invasive Plant Treatment for Wetland Reserve Program Easement Sites

0001a - TNC WRP Initial Treatment, Year 1 Monitoring & Follow up - $ Year 2 - Monitoring & Follow up - $ Year 3 - Monitoring & Follow up - $

0001b - OLIVER KETCHAM WRP

Initial Treatment, Year 1 Monitoring &

Follow up - $ Year 2 - Monitoring & Follow up - $ Year 3 - Monitoring & Follow up - $.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 6

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12FPC421Q0022

0002 1 EA

0001c - BERTRAND 162 WRP

Initial Treatment, Year 1 Monitoring &

Follow up - $ Year 2 - Monitoring & Follow up - $

Year 3 - Monitoring & Follow up - $

0001d - STONE EAST WRP

Initial Treatment, Year 1 Monitoring &

Follow up - $ Year 2 - Monitoring & Follow up - $

Year 3 - Monitoring & Follow up - $

0001e - ESTATE OF BARBARA KETCHAM WRP

Initial Treatment, Year 1 Monitoring &

Follow up - $ Year 2 - Monitoring & Follow up - $

Year 3 - Monitoring & Follow up - $

Requisition No: 1038754

GROUP 2 - Invasive Plant Treatment for

Wetland Reserve Program Easement Sites

0002a - GORTON WRP

Initial Treatment, Year 1 Monitoring &

Follow up - $ Year 2 - Monitoring & Follow up - $

Year 3 - Monitoring & Follow up - $

0002b - PAYNE WRP

Initial Treatment, Year 1 Monitoring &

Follow up - $ Year 2 - Monitoring & Follow up - $

Year 3 - Monitoring & Follow up - $

0002c - SD VENTURES WRP

Initial Treatment, Year 1 Monitoring &

Follow up - $ Year 2 - Monitoring & Follow up - $ Year 3 - Monitoring & Follow up - $ Requisition No: 1038758

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

6 6

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12FPC421Q0022

0003 1 EAGROUP 4 - Invasive Plant Treatment for

Wetland Reserve Program Easement Sites

0003a - MARONEY WRP

Initial Treatment, Year 1 Monitoring &

Follow up - $ Year 2 - Monitoring & Follow up - $

Year 3 - Monitoring & Follow up - $

0003b - POMAINVEILLE WRP

Initial Treatment, Year 1 Monitoring &

Follow up - $ Year 2 - Monitoring & Follow up - $

Year 3 - Monitoring & Follow up - $

Requisition No: 1038765

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

12FPC421Q0022

United States Department of Agriculture Natural Resources Conservation Service

INVASIVE PLANT TREATMENT

WRE LOCATIONS

ADDISON AND RUTLAND COUNTIES, VERMONT

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. FAR Part 13.5 General. This announcement constitutes the only solicitation. Quotes are being requested and a written solicitation will not be issued.

Solicitation number 12FPC421Q0022 is issued as a request for quotation (RFQ). The acquisition procedures at FAR Part 13.5 are being utilized. The Government anticipates this solicitation will result in a firm fixed price commercial contract, to the responsible Contractor whose quote conforms to the solicitation and will be most advantageous to the government.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05 / 3-10-2021which can be found at http://www.acquisition.gov/far/index.html.

This acquisition is a 100% set aside for Small Business vendors. The applicable North American Industry Classification System (NAICS) code is 115310 - Forestry Services. The small business size standard is $8.0 million.

For more information on size standards, please visit http://www.sba.gov/size.

Questions MUST be submitted to the Contracting Specialist via e-mail – oriel.velez@usda.gov. E-mail questions MUST include solicitation 12FPC421Q0022 in the subject line to avoid oversight.

a. Description of Requirement:

The United States Department of Agriculture (USDA) NRCS has authority to administer voluntary conservation easement programs. All properties involved with this purchase order are enrolled in the former Wetland Reserve Program (WRP), which is now called the Agricultural Conservation Easement Program Wetland Reserve Easement component (ACEP-WRE). The Federal government has an in-perpetuity obligation to manage these lands as restored wetlands and wildlife habitat. Invasive herbaceous plants including common reed (Phragmites australis) and reed canarygrass (Phalaris arundinacea) are established in these former agricultural fields, now restored wetlands.

These invasive plants need to be controlled because they are outcompeting native vegetation and decreasing wildlife habitat quality for native reptiles, amphibians, mammals, and birds.

The Contractor shall follow the Statement of Work, applicable Federal, State, and Local regulations, and conservation practice standards and specifications to provide Herbaceous Weed Treatment services for the associated properties. The services entail the following:

Herbaceous Weed Treatment (315) – controlling a minimum of 90% of the invasive herbaceous plant species within targeted areas while minimizing impacts to non-target plants and animals.

The Contractor must have current commercial pesticide applicator Core and Category 2 Forest Pest certifications with the Vermont Agency of Agriculture. The Contractor will provide a copy of these certifications along with their quote for performing these Herbaceous Weed Treatment services.

The work is composed of three groups as follows:

GROUP 1 – ADDISON AND RUTLAND COUNTIES

- TNC WRP

- Olive WRP

- Bertrand 162 WRP

- Stone East WRP

- Estate of Barbara Ketcham WRP http://www.acquisition.gov/far/index.html http://www.sba.gov/size mailto:oriel.velez@usda.gov

GROUP 2 – ADDISON COUNTY

- Gorton WRP

- Payne WRP

- SD Ventures WRP

GROUP 4 – RUTLAND COUNTY

- Maroney WRP

- Pomainville WRP

b. Site showing. Interested offerors will meet at the 9:30 AM Eastern Standard Time, June 28th, 2021. Meet in the parking lot of the Pomainville Wildlife Management Area located along route 7 in Pittsford, Vermont.

https://goo.gl/maps/MeAG72LTYQgwPqMPA.

c. Date(s) and Place(s) of Delivery and Acceptance. Work will be phased out as follows:

Base Year treatment will be during the months of August and September 2021 and will continue to monitor and Follow up. Invasive treatment for years 2 and 3 will be applied during the months of May – September. The project shall be completed no later than October 1, 2025. Acceptance of the work will be at the USDA NRCS Vermont State Office, Attn: James Eikenberry.

d. INSTRUCTIONS FOR SUBMITTING QUOTES.

The following items will be submitted with your quote: QUOTES THAT ARE RECEIVED INCOMPLETE WILL

BE REJECTED AND WILL NOT BE CONSIDERED FOR AWARD.

All Contractors must be registered in the Beta.SAM, prior to award of a Federal Contract. For information regarding registration visit https://www.beta.sam.gov

The below List of Attachments are incorporated and made part of this solicitation and award:

Attachment 1 – Price Schedule – RETURN WITH QUOTE

Attachment 2 - Contains the following documents:

GROUP 1 - SOW/LOCATION MAPS

GROUP 2 - SOW/LOCATION MAPS

GROUP 4 - SOW/LOCATION MAPS

Attachment 3 – Contains the following documents:

GROUP 1 - INVASIVE CONTROL MAPS

GROUP 2 - INVASIVE CONTROL MAPS

GROUP 4 - INVASIVE CONTROL MAPS

Attachment 4 – Contains the following documents:

GROUP 1 - CONTROL PLAN

GROUP 2 - CONTROL PLAN

GROUP 4 - CONTROL PLAN

Attachment 5 – Certifications – RETURN WITH QUOTE Attachment 6 - Service Contract Labor Standards Wage Determinations/County Attachment 7 - Conservation Cooperator Acknowledgement – RETURN WITH QUOTE

TECHNICAL CAPABILITY – FACTOR 1 – RETURN WITH QUOTE

PAST PERFORMANCE – FACTOR 3 – RETURN WITH QUOTE

https://goo.gl/maps/MeAG72LTYQgwPqMPA https://www.beta.sam.gov/

The provision at FAR 52.212-1, Instructions to Offerors-Commercial (JAN 2017), applies to this acquisition.

e. FAR provision 52.212-2, Evaluation-Commercial Items applies to this solicitation.

(a) The Government will award a firm fixed contract resulting from this solicitation to the responsible Quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

(1) Technical capability. Technical capability includes qualifications, relevant experience, capacity (see delivery requirement), and management capability if subcontractors are proposed.

(2) Price

(3) Past performance. The Contractor must have experience in Invasive Plant Treatment for Wetland Reserve Program.

Technical ability and past performance, when combined, are equal as compared to price. Pricing that is unrealistically low may be considered an indication that the quoter does not possess adequate understanding of the requirement or the requisite technical capability to successfully perform the work.

g. FAR 52.212-2, Evaluation-Commercial Items (OCT 2014)

(a) The Government will award one firm fixed price contract resulting from this solicitation to the responsible offeror whose quote conforms to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

Evaluation Factor #1 – Technical Capability Provide the firm’s technical capability of performing Herbaceous Weed Treatment services. Include any qualifications including relevant licenses, relevant experience, capacity, and management capability if subcontractors are proposed. Please address if contractor has failed to complete any work and the number of employees that will be working on this project.

Evaluation Factor #2: Price - SEE ATTACHMENT 1 Pricing that is unrealistically low may be considered an indication that the offeror does not possess adequate understanding of the requirement or the requisite technical capability to successfully perform the work.

(a) The Government will evaluate quotes for award purposes by adding the total price of each line item. The Government may determine that a quote is unacceptable if the pricing is significantly unbalanced.

Evaluation Factor #3: Past Performance The Contractor must have experience in Invasive Plant Treatment for Wetland Reserve Program. Please provide the information for each question.

1. Will this be the firm’s first time working with a federal contract on Herbaceous Weed Treatment?

2. What other federal agencies has the firm provided Herbaceous Weed Treatment?

3. Include a summary of the offerors’ most recent three similar projects, maximum 3 pages.

For any past work stated, provide:

• applicable customer name

• size of project (in acres)

• contract dollar values

• description of work performed, and

• period of performance

• name, phone number and e-mail address of the person who can verify your past experience/performance.

4. References must be for similar type and quantity of work.

Factor #1 and #3 must not exceed 8 pages

h. The clause at 52.212-4, Contract Terms and Conditions—Commercial Items (Oct 2018), applies to this acquisition and addenda are not added.

i. The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Items (JAN 2021), applies to this acquisition and the following additional FAR clauses cited in the clause are applicable to this acquisition.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (Jan 2021)

(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 items:

(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 (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(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 items:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub.

L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (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).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved] _X_ (14) (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.

__ (15) (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.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (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 (JUN 2020) of 52.219-9 __ (18) (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.

__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Representation (NOV 2020) (15 U.S.C.

632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

__ (24) 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 (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

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

__ (ii) Alternate I (JUL 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O.

13627).

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

__ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (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.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40) (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.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

__ (43) (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.

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

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

_X_ (48) 52.225-1, Buy American-Supplies (JAN2021) (41 U.S.C. chapter 83).

_X_ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

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 (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C.

5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

_X_ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

__ (63) X (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (FEB 2006) 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 items:

_X_ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

__ (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).

__ (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) ( 29U.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).

_X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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.

(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 items. 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 (JUN 2020) (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 (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

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

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

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

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

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

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

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

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247- 64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

ATTACHMENT 1 – PRICING – CONTRACTOR INFORMATION – PEST CERTIFICATION

Line Item

Description of Services Unit Unit of Issue

Price per Acre Extended Price

0001 GROUP 1 – Invasive Treatment 0001a TNC WRP - Total 1 acre $ $ Initial Treatment, Year 1 Monitoring and Follow up acre $ $

Year 2 - Monitoring & Follow up acre $ $ Year 3 - Monitoring & Follow up acre $ $ 0001b Oliver Ketcham WRP - Total 2 acre $ $ Initial Treatment, Year 1 Monitoring and Follow up acre $ $

Year 2 - Monitoring & Follow up acre $ $ Year 3 - Monitoring & Follow up acre $ $ 0001c Bertrand 162 WRP - Total 0.1 acre $ $ Initial Treatment, Year 1 Monitoring and Follow up acre $ $

Year 2 - Monitoring & Follow up acre $ $ Year 3 - Monitoring & Follow up acre $ $ 0001d Stone East WRP - Total 10.7 acre $ $ Initial Treatment, Year 1 Monitoring and Follow up acre $ $

Year 2 - Monitoring & Follow up acre $ $ Year 3 - Monitoring & Follow up acre $ $ 0001e Estate of Barbara Ketcham - Total 16.5 acre $ $ Initial Treatment, Year 1 Monitoring and Follow up acre $ $

Year 2 - Monitoring & Follow up acre $ $ Year 3 - Monitoring & Follow up acre $ $

Total GROUP 1

0002 GROUP 2 – Invasive Treatment

0002a Gorton WRP - Total 5.1 acre $ $ Initial Treatment, Year 1 Monitoring and Follow up acre $ $

Year 2 - Monitoring & Follow up acre $ $ Year 3 - Monitoring & Follow up acre $ $ 0002b Payne WRP - Total 10.5 acre $ $ Initial Treatment, Year 1 Monitoring and Follow up acre $ $

Year 2 - Monitoring & Follow up acre $ $ Year 3 - Monitoring & Follow up acre $ $

0002c SD Ventures WRP - Total 40.8 acre $ $

Initial Treatment, Year 1 Monitoring and Follow up acre $ $

Year 2 - Monitoring & Follow up acre $ $ Year 3 - Monitoring & Follow up acre $ $

TOTAL GROUP 2 $ $

0003 Group 4 - Invasive Treatment

0003a Maroney WRP - Total 1,400 sq ft $ $ Initial Treatment, Year 1 Monitoring and Follow up sq ft $ $

Year 2 - Monitoring & Follow up sq ft $ $ Year 3 - Monitoring & Follow up sq ft $ $

0003b Pomainville WRP - Total 28 acre $ $ Initial Treatment, Year 1 Monitoring and Follow up acre $ $

Year 2 - Monitoring & Follow up acre $ $ Year 3 - Monitoring & Follow up acre $ $

TOTAL GROUP 4

COMPANY: _________________________________________________

NAME OF OFFEROR: __________________________________ TITLE: ______________________________

PHONE NUMBER: _________________________________

EMAIL: ___________________________________________

SAM / DUNS: ________________________ ACTIVE: ______ Y ______ N

COMMERCIAL PESTICIDE APPLICATOR CORE AND CATEGORY 2 FOREST PEST

CERTIFICATION WITH THE VERMONT AGENCY OF AGRICULTURE

HAVE ____________ COPY ATTACHED

DO NOT HAVE _____________

ATTACHMENT 1 - cont.

Attachment 5 – CLAUSES, PROVISIONS

A. CLAUSES

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements-Representation (Jan 2017) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-3 Protest After Award (Aug 1996)

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

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 calendar days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either—

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if—

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;

provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is 1460 calendar days from date of award.

(End of Clause)

AGAR 452.246-70 – Inspection Acceptance (Feb 1988)

(a) The Contracting Officer or Contracting Officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed after each service requirement is completed.

(End of clause)

B. PROVISIONS

AGAR 452.209-70 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION (DEVIATION 2012-01) (FEB 2012)

(a) Awards made under this solicitation are subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012 (P.L. No. 112-55), Division A, Sections 738 and 739 regarding corporate felony convictions and corporate Federal tax delinquencies.

To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2)

(i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) The Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal or State law in the 24 months preceding the date of offer.

(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of provision)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

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

(i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

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

(d) Representation. The Offeror represents that— (1)It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and (2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

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

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

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii)For covered services— (A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the Product Service Code (PSC) of the service being provided;

and explanation of the proposed use of covered telecommunications services and…