Sol_12639524Q0247 TB SI.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

APHIS-MN-126395

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

USDA APHIS

APHIS-PPQ-PBWRF-81G5 CODE 16. ADMINISTERED BYCODE

X

X

332721

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MN-126395

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

08/19/2024 1700 ET

07/18/2024

612-336-3465TODD BIERL

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639524Q0247

5. SOLICITATION NUMBER

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

1 4 1124526OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

PHOENIX AZ 85040-2927

3645 EAST CHIPMAN ROAD

USDA APHIS PPQ PBWRF

15. DELIVER TO

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

DUNS Number: Not Available

1.0 Statement of Purpose:

Replacement of twin screw extruder for production of navel orangeworm diet.

2.0 Background:

The Phoenix Rearing Facility (PRF) is a 69,000 square foot facility that produces and ships approximately 1.5 million insects per day and has the capability to produce more on a as needed

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

TODD K. BIERL

. 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 (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

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: REFERENCE

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. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

basis. Producing these insects in the required quantities and quality and on schedule, requires that diet be prepared according to PRF protocol in the required quantities. The twin screw extruder (TSE) is essential to the navel orangeworm diet preparation process.

PRF is located at 3645 E. Chipman Road, Phoenix, AZ 85040.

This solicitation is a Request for Quotes issued in accordance with FAR 12.603.

This solicitation is for Full and Open

Competition

The resulting award will be made to the response that is found to be the Best Value to the federal government in accordance with FAR Part 13 where the following factors will be considered:

Price

Past performance (3 references)

Technical capability

Quality Control

No more than 75 pages

Quotation packets must include:

Complete 1449 with current company information

(UEI and contact information)

Pricing (see schedule in 3.0)

Capabilities

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

4 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

12639524Q0247

How the work will be conducted:

Specifications of the TSE and peripheral equipment that will be installed

Preliminary plans for the design of the mezzanine/catwalk

All quotes must be received by the government not later than 5 PM ET on 19 August 2024

Quotes must be submitted via e-mail to todd.k.bierl@usda.gov.

Questions may be submitted to todd.k.bierl@usda.gov. Questions submitted via phone will be directed to submit via email for tracking and clarity. Questions must be received by the government by 5 PM ET on 17 August 2024.

The government will not respond to questions received after the deadline.

A site visit is scheduled 6 August 2024 9:00 AM -3:00 and 7 August 0900 AM TO 1:00 PM. Quoters must take steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to:

Conditions bearing upon transportation, disposal, handling, and storage of materials

The availability of labor, water, electric power, and roads

The conformation and conditions of the ground

The character of equipment and facilities needed preliminary to and during work performance.

Quoters shall also satisfy themselves as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from any drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government. The

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

12639524Q0247

Government assumes no responsibility for any conclusions or interpretations made by the

Contractor based on the information made available by the Government. Nor does the

Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding, or representation is expressly stated in this contract.

READ SOW AND SPECS!!!

No Late Quotes accepted!!

Delivery: 08/19/2024

Period of Performance: 07/18/2024 to 08/19/2024

0001 Replace Twin Screw Extruder

Todd K. Bierl

(Major Program Contracting Officer)

Emergency Acquisition

USDA MRP AAMD Acquisition

Email: Todd.K.Bierl@usda.gov

Office# (612)336-3465

Cell# (612)500-1321/(763)286-8084

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

Sponsored by GSA

FAR (48 CFR) 53.110

12639524Q0247 TSE 5

Solicitation Notes

- This solicitation is a Request for Quotes issued in accordance with FAR 12.603.

- This solicitation is 100% Full and Open Competition.

- The resulting award will be made to the response that is found to be the Best Value to the federal government in accordance with FAR Part 13 where the following factors will be considered:

o Price o Past performance (3 references) o Technical capability

- Quotation packets must include:

o Complete 1449 with current company information (UEI and contact information) o Pricing (see schedule in 3.0) o Capabilities

▪ How the work will be conducted

▪ Specifications of the TSE and peripheral equipment that will be installed

▪ Preliminary plans for the design of the mezzanine/catwalk

- All quotes must be received by the government not later than 5 PM ET on 19 August

- Quotes must be submitted via e-mail to todd.k.bierl@usda.gov.

- Questions may be submitted to todd.k.bierl@usda.gov. Questions submitted via phone will be directed to submit via email for tracking and clarity. Questions must be received by the government by 5 PM ET on 17 August 2024. The government will not respond to questions received after the deadline.

- A site visit is scheduled 6 August and 7 August. Quoters must take steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to:

o Conditions bearing upon transportation, disposal, handling, and storage of materials o The availability of labor, water, electric power, and roads o The conformation and conditions of the ground o The character of equipment and facilities needed preliminary to and during work performance.

o Quoters shall also satisfy themselves as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from any drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government. The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made mailto:todd.k.bierl@usda.gov mailto:todd.k.bierl@usda.gov

12639524Q0247 TSE 6

concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

General Information

1.0 Statement of Purpose:

Replacement of twin screw extruder for production of navel orangeworm diet.

2.0 Background:

The Phoenix Rearing Facility (PRF) is a 69,000 square foot facility that produces and ships approximately 1.5 million insects per day and has the capability to produce more on a as needed basis. Producing these insects in the required quantities and quality and on schedule, requires that diet be prepared according to PRF protocol in the required quantities. The twin screw extruder (TSE) is essential to the navel orangeworm diet preparation process.

PRF is located at 3645 E. Chipman Road, Phoenix, AZ 85040.

Contractor Requirements

3.0 Schedule

CLIN Description Unit Quantity Price 001 Removal of existing TSE and peripheral equipment as described in 3.1.1 1 Ea

002 Production and delivery of TSE and peripheral equipment as described in 3.1.2; includes cost of delivery to facility

1 Ea

003 Design and installation of mezzanine/catwalk as described in 3.1.3

1 Ea

004 Installation of new TSE and peripheral equipment as described in 3.1.4 and provision of documentation and training as described in 3.3

1 Ea

3.1 Technical Requirements/Tasks

The Contractor will remove the existing TSE and peripheral equipment and devices, dispose of all materials, and install the new TSE and peripheral equipment and devices. The tasks outlined below described the work but do not describe all possible tasks. A site visit will be required prior to submitting a quote.

3.1.1 Removal

• Contractor will remove the existing twin screw extruder, an APV Baker model MP80/35, from its current location in the diet preparation area and place the new extruder and its feeders and supply tanks and hoppers in the 12”x20” area from which the old one was removed.

12639524Q0247 TSE 7

• Contractor will remove all old peripheral equipment (feeders, mezzanine, controllers, and metering devices) surrounding the existing TSE.

• The existing TSE is located in a room directly accessible to the outside, no transit through hallways will be required.

• Contractor will removal and dispose of existing TSE and all peripheral equipment in accordance with federal, state, and local laws and regulations.

3.1.2 Specifications of New TSE

• Contractor must provide a new TSE. Not refurbished or rebuilt.

• TSE must be capable of producing 200 to 450 Kg of finished navel orangeworm diet per hour.

• The TSE must be a Coperian ZSK-76Mv Plus or equivalent. Should the contractor propose a TSE that is not the Coperian ZSK-76Mv Plus, specifications of the proposed model must be submitted with the quote and must meet the following minimum requirements:

1. Gearbox:

Gearbox maximum torque per output shaft 2730 Nm Maximum torque (Md) per screw shaft 2275 Nm Maximum motor speed 1904 RPM Gearbox ratio 3.174 Maximum screw speed 600 RPM Maximum allowable horsepower at Output Shaft (NVT) 383 HP

2. General Process Section:

9 barrel sections Length of each barrel section (4 L/D) 270 mm Length of processing section (L) 2430 mm Shaft centerline distance 58.5 mm Diameter of screws (ds) 74.60mm Flight depth 16.6 mm

3. Motor Data:

Main drive motor 480V, 3Ph, 60Hz , 1800 RPM, 150 HP Lube oil pump 240/480V, 3PH, 60Hz, 1750RPM, 2HP Cooling Unit 480V, 3Ph, 60Hz, 1750 RPM, 5 HP Side Screw 240/480V, 3PH, 60Hz, 1800 RPM, 10 HP Vacuum Unit 480V, 3Ph, 60Hz, 1800 RPM 15 HP

4. Process Specification:

1 feed barrel 7 closed barrel 1 vent barrel

• One Gravimetric solid materials feeder that processes/delivers at least 200 kilos per hour of flour-like diet ingredients.

o Power supply: 230 VAC, 60 Hz, 1 ph o Hi efficiency belt drive o Extension hopper constructed of high-grade stainless steel with electropolished material contact surfaces

• Two feeders capable of delivering 0.25 – 10 Kg per hour of solid materials the consistency of flour/sugar/wheatgerm.

12639524Q0247 TSE 8

o Power supply 230VAC, 60Hz, 1ph o Twin screw feeder o Hopper: 12 Liter (0.4 cubic foot) hopper welded to feeder bowl, constructed of high grade stainless steel with electropolished material contact surfaces

• Requires 3 loss-in-weight liquid feeders capable of injecting/delivering 10-200 kilos per hour of liquid the consistency of water or corn oil each with a 30 gallon tank with inlet and vent, shut off valve, cleanout port, support legs, drain valve and discharge support.

The skid supporting each feeder must be made of stainless steel.

• We require one injector capable of accurately injecting/delivering smaller quantities (1 to 10 kilos per hour) of liquid such as corn oil or dilute acetic acid with a 2 gallon tank with inlet and vent, shut off valve, cleanout port, support legs, drain valve and discharge support. The skid supporting the feeder must be made of stainless steel.

• Feeders must be controlled by devices that are adjustable for the full range of output delivery and meter the feed rates.

• All new equipment must be compatible with and connect to the existing power supply and temperature control supply. Available connections are as follows:

o Incoming 480-volt 3 phase to main disconnect o Incoming 240 volt power o Both chilled water for cooling and steam for heating are readily available through

1.5” pipe with standard plumbing connections.

3.1.3 Design and Installation of Catwalk

• Contractor must design and install a mezzanine/catwalk to support the screw conveyor and to access the gravimetric feeders. The mezzanine will have a working floor space of at least 48” x 48” and will be designed to fit the extruder and the large solid materials feeder.

• The structure must be designed and installed according to IBC 2012, ASCE7 design load requirements, AISC and applicable standards.

• The contractor will consult with the COR on all aspects of the design and build.

3.1.4 TSE Installation

• Contractor will install and connect the TSE and peripheral devices (feeders, controllers, and meters).

• Contractor will install the mezzanine/catwalk to support the screw conveyor and access the gravimetric feeders.

• Contractor will perform all required performance testing. Performance will not be considered complete until the twin screw extruder is fully functional and meets the criteria as set forth in Section 3.1.2 above.

• Contractor will report to the COR daily with progress updates or deficiencies noted. No changes to performance, deadlines, or other aspects of the contract can be approved at the facility.

3.1.4 Training

• Contractor will be responsible for training facility staff on the newly installed TSE until program staff can successfully operate the instrument independently.

3.1.5 Other Requirements

• Contractor will provide all required tools, personnel, and equipment to complete the work described in this document. Contractor is responsible for removing all leftover materials and debris from performance of this contract in accordance with all Federal, state, and

12639524Q0247 TSE 9

local statutes and regulations. No resources will be provided by USDA other than approved electrical and plumbing connections.

• Safety Data Sheets must be provided to the COR for any products/chemicals that may need to be used in the performance of this contact.

• Water and electrical power will be provided at no cost to the contractor as indicated in Section 3.1.2 above. All connections to this water and/or electrical power must be approved by the COR prior to any connections being made.

• The contractor will be responsible for placing barricades in appropriate locations to protect the well-being and safety of visitors and staff. These barricades will be removed by the contractor when the work is completed.

• Contractor will be responsible for keeping the work site clean, neat, and orderly, ensuring that there are no unnecessary cables, hoses, ladders, or other equipment left in an inappropriate location that could interfere with daily facility operations.

• All equipment used for the work will be removed from any work site that is located within a pedestrian area when work is completed at the end of the workday.

• Equipment being used in mechanical rooms or on roofs may be left overnight provided the equipment is secured and not pose any risk or hazard to the facility and/or it’s personnel. Written documentation of what equipment is left and where it is located will be signed by both the contractor and COR at the end of the workday.

• At no time will equipment that can be accessed by Government employees be left unattended, including on lunches and/or breaks.

• All doorways, hallways, sidewalks, and aisles will be kept clear unless necessary, and as appropriate, been clearly marked or cordoned off.

• Contractor is responsible for providing their own PPE if required.

3.2 Work Schedule

• Removal and installation work must be completed between the hours of 0600-1430 M-F.

Deviations to this schedule must be approved by the PRF Director in advance. Specific installation timing will be coordinated with the program.

3.3 Documentation/Reports

• All manuals, specifications, warranties, and other documentation provided by the OEM must be given to the program at the conclusion of the installation. This applies to all equipment that is installed in the facility.

• Contractor must provide all schematics and blueprints for installation prior to start of installation work.

• Documentation must be furnished for all work performed by the contractor. Contractor must provide documentation digitally to the COR. Installation work must be documented daily and a summary provided to the COR via email at the conclusion of the workday.

• The documentation must include detailed descriptions of the work and contain at a minimum:

o Name of customer.

o Name of technician(s) who performed the service.

o Detailed description of the service performed with dates and parts used.

o Dates the work was performed.

3.4 Site Visit

• Contractor MUST coordinate and complete a site visit before submitting a quote in order to fully understand the scope of work.

12639524Q0247 TSE 10

• All contractors must have a valid picture identification such as a current driver’s license or other state issued ID.

• Sites visits will be coordinated through the COR, Marvin Draper.

4.0 Travel

All costs for transportation of materials and delivery of equipment must be included in the submitted price. All travel expenses for contractors to access the work site must be included in the submitted price. The Government will not be responsible for any travel costs incurred outside those included in the submitted price.

5.0 Security Requirements

Daily sign in at the front gate is required for all personnel entering the facility. Facility personnel will open gates to allow workers into the facility after sign-in. Roll-up external door will be accessible to contractor throughout installation.

6.0 Points of Contact

All contracting questions should be directed to the Contracting Officer. Only the Contracting Officer is authorized to make changes to the contract or obligate funds.

• Caroline Russell, Contract Officer o 612-336-3465 o Todd.k.bierl@usda.gov

• Marvin Draper Equipment Specialist/Contracting Officers Representative o (602) 414-3904 o marvin.draper@usda.gov

7.0 Contract Administration

7.1 Invoice Requirements

The Contractor must submit invoices when the government has verified and confirmed work performed, and the Contractor has submitted invoices in accordance to FAR 52.212-4. Payment shall be based on confirmation of completed deliverables and based on Contractor’s proposed pricing. An invoice must include—

(1) Name and address of the Contractor;

(2) Invoice date; Invoice number;

(3) Task order number, and contract line item number;

(4) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(5) Terms of any prompt payment discount offered;

(6) Name, title, and phone number of person to be notified in event of a defective invoice.

All Invoices must be submitted through the Invoice Processing Platform: This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

mailto:Todd.k.bierl@usda.gov

12639524Q0247 TSE 11

Should the COR determine the Contractor has not met the performance standards, the COR will notify the Contracting Officer (CO) for resolution.

7.2 Payment

Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. Contractors are encouraged to assign an identification number to each invoice. The invoice will be verified by the customer and processed.

The payment provided for in the contract shall constitute full compensation for furnishing all materials and for performing all work under the contract in a complete and acceptable manner.

Payment items for the work of this contract are listed in the Pricing Schedule and described in this Scope of Work. The unit price and payment made for each item listed shall constitute full compensation for providing equipment, tools, supplies, labor supervision, incidental materials, quality control, environmental protection, meeting safety requirements, and performing all work as provided in this contract.

8.0 Contract Type

This will be a firm-fixed price contract.

9.0 Period of Performance

New TSE and peripheral equipment are to be delivered before October 30, 2025, and installation complete before February 1, 2026. Removal will occur prior to installation.

10.0 Clauses

10.1 Clauses Included by Reference

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 the clauses may be accessed electronically at these addresses:

http://www.acquisition.gov/far/ and www.usda.gov/procurement/policy/agar.html

NUMBER TITLE DATE

52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.212-4 Contract Terms and Conditions—Commercial Products Nov 2023 and Commercial Services 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Mar 2023)

Full Text

52.204-13 System for Award Management Maintenance. (Oct 2018) https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.acquisition.gov%2Ffar%2F&data=05%7C01%7C%7C17d575ae861b409b0d1008db4becbbd2%7Ced5b36e701ee4ebc867ee03cfa0d4697%7C0%7C0%7C638187252354448657%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=F%2FgVMw4b5mv%2FMFDExRSE2XV1sClvnKWVKhpVIkbo1Ks%3D&reserved=0 http://www.usda.gov/procurement/policy/agar.html

12639524Q0247 TSE 12

(a) Definitions. As used in this clause—

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that–

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM.

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes.

It includes–

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government.

12639524Q0247 TSE 13

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d) (1) (i) If a Contractor has legally changed its business name or "doing business as" name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to—

(A) Change the name in SAM.

(B) Comply with the requirements of subpart 42.12 of the FAR; and

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(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.

(End of clause)

52.204-14 Service Contract Reporting Requirements (Oct 2016)

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(a) Definition.

First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor’s general and administrative expenses or indirect costs.

(b) The Contractor shall report, in accordance with paragraphs (c) and (d) of this clause, annually by October 31, for services performed under this contract during the preceding Government fiscal year (October 1-September 30).

(c) The Contractor shall report the following information:

(1) Contract number and, as applicable, order number.

(2) The total dollar amount invoiced for services performed during the previous Government fiscal year under the contract.

(3) The number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year.

(4) Data reported by subcontractors under paragraph (f) of this clause.

(d) The information required in paragraph (c) of this clause shall be submitted via the internet at www.sam.gov. (See SAM User Guide). If the Contractor fails to submit the report in a timely manner, the contracting officer will exercise appropriate contractual remedies. In addition, the Contracting Officer will make the Contractor’s failure to comply with the reporting requirements a part of the Contractor’s performance information under FAR subpart 42.15.

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(e) Agencies will review Contractor reported information for reasonableness and consistency with available contract information. In the event the agency believes that revisions to the Contractor reported information are warranted, the agency will notify the Contractor no later than November 15. By November 30, the Contractor shall revise the report, or document its rationale for the agency.

(f) (1) The Contractor shall require each first-tier subcontractor providing services under this contract, with subcontract(s) each valued at or above the thresholds set forth in 4.1703(a)(2), to provide the following detailed information to the Contractor in sufficient time to submit the report:

(i) Subcontract number (including subcontractor name and unique entity identifier); and

(ii) The number of first-tier subcontractor direct-labor hours expended on the services performed during the previous Government fiscal year.

(2) The Contractor shall advise the subcontractor that the information will be made available to the public as required by section 743 of Division C of the Consolidated Appropriations Act, 2010.

(End of clause)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video

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surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations.

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities).

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material).

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered

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telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

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(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification:

the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services.

Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Products and Commercial Services (May 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement

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provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31

U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 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 products and commercial services:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15

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_X_ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

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

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115–390, title II).

_X_ (11)

(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (DEC 2023) of 52.204–30.

_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

_X_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (17) [Reserved] https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4

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_X_ (18)

(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.

__ (19)

(i) 52.219-7, Notice of Partial Small Business Set-Aside…