Solicitation 1284LL23Q0091.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

84LL0281 CODE 16. ADMINISTERED BY

USDA-FS CSA INTERMOUNTAIN 1

3232 WEST NURSERY ROAD

COEUR D' ALENE ID 83815

CODE

X

X

X

488490

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR84LL

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

08/18/2023

651-666-0257ANNA LEITZKE

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

09/15/2023 1700 PT

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1284LL23Q0091

5. SOLICITATION NUMBER

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

1 3 1102352OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

COEUR DALENE ID 83815

3232 WEST NURSERY ROAD

SUPERVISORS OFFICE

IDAHO PANHANDLE NATIONAL FORESTS

15. DELIVER TO

7.

2. CONTRACT NO.

EFFECTIVE DATE

$18

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)

9. ISSUED BY

USDA-FS CSA INTERMOUNTAIN 1

3232 WEST NURSERY ROAD

COEUR D' ALENE ID 83815

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.

Snow Removal Services

Period of Performance: 10/01/2023-09/30/2024

Location: Idaho Panhandle National Forests, INRC & Fernan Office

See Section B for Schedule of Items/Price Schedule & Statement of Work. Refer to page 24 - Submission of Quotes.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

SARAH L. ACKERMAN

. 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.

INRC-Fernan Snow Removal-USFS-Fernan Ranger

Station

INRC-Fernan Snow Removal-USFS-INRC

INRC-Fernan Snow Removal-BLM-INRC

INRC-Fernan Snow Removal-FWS-INRC

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice

Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury.

All invoices are to be submitted via the electronic 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

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

1284LL23Q0091

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.

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

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION B – CONTINUATION OF SF-1449

Schedule of Items/Price Schedule

Site 1: INRC and Interagency Dispatch Center Base Year: 10/1/2023 – 9/30/2024 Item Supplies/Services Est Qty Unit of

Issue Total Price

0001 Parking Lot Snow Plowing 1 EA $ per visit

0002 Parking Lot Sanding 1 EA $ per visit

0003 Sidewalk Shoveling & Deicing 1 EA $ per visit

0004 Loading & Hauling Snow As Needed

10 HR $ per hour

0005 Parking Lot Street Sweeping End of Season

1 EA $ per visit

Site 2: Fernan Office Base Year: 10/1/2023 – 9/30/2024 Item Supplies/Services Est

Qty Unit of Issue

Total Price

0006 Parking Lot Snow Plowing 1 EA $ per visit

0007 Parking Lot Sanding 1 EA $ per visit

0008 Sidewalk Shoveling & Deicing 1 EA $ per visit

0009 Loading & Hauling Snow As Needed

10 HR $ per hour

0010 Parking Lot Street Sweeping End of Season

TOTAL PRICE BASE YEAR $

Option Year One: 10/1/2024 – 9/30/2025

Item Supplies/Services Est Qty Unit of

Issue Total Price

0011 Parking Lot Snow Plowing 1 EA $ per visit

0012 Parking Lot Sanding 1 EA $ per visit

0013 Sidewalk Shoveling & Deicing 1 EA $ per visit

0014 Loading & Hauling Snow As Needed

10 HR $ per hour

0015 Parking Lot Street Sweeping

Option Year One 10/1/2024 – 9/30/2025 Item Supplies/Services Est

Qty Unit of Issue

Total Price

0016 Parking Lot Snow Plowing 1 EA $ per visit

0017 Parking Lot Sanding 1 EA $ per visit

0018 Sidewalk Shoveling & Deicing 1 EA $ per visit

0019 Loading & Hauling Snow As Needed

10 HR $ per hour

0020 Parking Lot Street Sweeping End of Season

TOTAL PRICE OPTION YEAR 1 $

Option Year Two: 10/1/2025 – 9/30/2026 Item Supplies/Services Est Qty Unit of

Issue Total Price

0021 Parking Lot Snow Plowing 1 EA $ per visit

0022 Parking Lot Sanding 1 EA $ per visit

0023 Sidewalk Shoveling & Deicing 1 EA $ per visit

0024 Loading & Hauling Snow As Needed

10 HR $ per hour

0025 Parking Lot Street Sweeping

Option Year Two: 10/1/2025 – 9/30/2026 Item Supplies/Services Est Qty Unit of

Issue Total Price

0026 Parking Lot Snow Plowing 1 EA $ per visit

0027 Parking Lot Sanding 1 EA $ per visit

0028 Sidewalk Shoveling & Deicing 1 EA $ per visit

0029 Loading & Hauling Snow As Needed

10 HR $ per hour

0030 Parking Lot Street Sweeping End of Season

TOTAL PRICE OPTION YEAR 2 $

TOTAL PRICE: BASE & OPTION YEARS 1-2 $

EA – EACH

HR – HOUR

Schedule Notes:

(a) One award shall be made from this solicitation. Contractor must submit pricing for all items.

(b) Optional Items are contingent upon funding. Optional Items are not all guaranteed to be funded or requested but are provisional in the event funding becomes available. Funded Optional Items shall require a modification to the contract.

(c) Award anticipated to be a firm fixed price contract.

The awarded dollar amount is an estimated amount. The contractor shall be paid for actual quantities and worked performed. Any remaining funds on the contract at the end of the period of performance may be de-obligated at the CO’s discretion.

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

1.0 SCOPE OF WORK. The Contractor shall provide snow removal services within all designated parking lots and sidewalks. Snow removal services shall include snow plowing for designated parking lots and parking lot sanding or deicing as needed. Work also includes snow shoveling and deicing along all designated sidewalks, walk areas, as well as entrances to all exterior doors and all designated gates and other designated areas such as fire hydrants and dumpsters as shown on the attached site maps. In the event the Government determines there is a need to haul excess snow from any of the premises of either site, the Contractor shall be compensated at the hourly rate listed in the schedule of items. At the end of the winter season, the Contractor shall set up parking lot street sweeping to clean-up the parking lots and sidewalks of all sand material used during the winter months. The collected material from the street sweeping shall become the responsibility of the contractor to dispose of unless otherwise determined by the Contracting Officer (CO).

All equipment shall be in good mechanical and operating condition and shall be operated by skilled operators experienced in the type of work for which the equipment is being ordered.

2.0 LOCATION AND DESCRIPTION

Site 1 - INRC and Interagency Dispatch Center. The INRC, which includes the Coeur d’Alene (CdA) Interagency Dispatch Center building and Interagency Warehouse Storage parking lot, the Interagency Fleet parking lot and the Employee parking lot all as one site. The address is 3260 West Nursery Road, Coeur d’Alene, Idaho 83815.

The INRC office building is located at 3232 West Nursery Road and includes 1) Visitor parking and 2) Employee parking.

Site 1 consist of the following for snowplowing services:

• Sidewalks and walkways between all the buildings and parking lots,

• Parking lots:

o CdA Dispatch Center parking lot, o Warehouse Storage parking lot, o Interagency Fleet parking lot, and;

o Employee parking lot

The INRC has one automatic gate for vehicles and one manual personnel gate to access the Fleet parking lot over by the Dispatch. The remaining site for INRC is open, however, contractor shall take care for the placement of snow, it is critical to protect multiple drainage features located through the entire site. Both gates will require a Key Card to be used and will be issued to the Contractor by the COR or other Government designated representative upon award.

Site 2 - Fernan Office. The Fernan Office located on the Coeur d’Alene Ranger District, Idaho Panhandle National Forests is at 2502 East Sherman Avenue in Coeur d’Alene, Idaho 83814.

Site 2 for the Fernan site consists of the following for snow plowing services:

• Visitor parking lot,

• Fleet parking lot,

• Employee parking lot, and

• Sidewalks and walkways in between the parking lots and buildings.

The Fernan office employee parking lot has two automatic slide gates and a code will be issued to the Contractor by the COR or another Government designated representative upon award. This code may be changed at any time by the Government and the Contractor will be notified immediately of the change and provided a new access code by the COR or other Government designated representative.

Contractors can contact the sites by calling the following: Site 1, the INRC at 208-765-7223 (Front Desk) and Site 2 the Fernan Office at 208-769-3000 (Front Desk).

3.0 CONTRACT AUTHORITIES

Contracting Officer Representative (COR). The COR is the Contracting Officer’s (CO) representative on site who will ensure that the Government’s technical objectives are met. To this end, the COR will provide necessary information, direction, coordination, monitor, and recommend necessary actions to the CO within the contractual work description. The COR is not authorized to change any of the terms and conditions of this contract regarding money, time, and/or scope of the contract.

• COR for Site 1 INRC: Richard Smith 208-277-4865 or richard.smith2@usda.gov

• COR for Site 2 Fernan: Josh Nelson 208-769-3015 or joshua.nelson@usda.gov

Government Technical Monitor (GTM). The GTM is the designated representative to ensure technical objectives are met and assist the COR and Contracting Officer (CO) as an inspector to monitor contractor performance. Only the CO can delegate authority under this contract. Only the CO has the authority to make any commitments or changes that affects price, quality, quantity, delivery, or other terms and conditions of the contract.

Contracting Officer (CO). The CO is the contract authority to enter into, administer, and/or terminate contracts and make related determinations and findings. Only the CO has the authority regarding period of performance, government funding, or changes to the terms and conditions of the contract. The term includes certain authorized representatives of the contracting officer (e.g. COR and GTM) acting within the limits of their authority as delegated by the CO.

mailto:richard.smith2@usda.gov mailto:joshua.nelson@usda.gov

4.0 SNOW PLOWING REQUIREMENTS

Site 1 (INRC) and Site 2 (Fernan Office). The Contractor shall perform snow removal services automatically at both sites upon the accumulation of one and one-half inches or more of snow. All snow removal services shall be completed between the hours of 1900 (7:00 PM) through 0600 (6:00 AM) prior to the start of a business day. Business days are Monday through Friday, 0600-1630, excluding Federal holidays. It will be at the Contractor’s determination the accumulation snow depth during a snow event and how to complete all snow removal service work before 0600. If snow levels are higher than specified above at 0600 and another service is required, the additional service will count as a single service. If snowfall continues after 0600 and services are requested by the COR, the requested services will count as an additional service.

Federal Holidays are excluded. The Contractor is not required to provide service on Federal Holidays.

Federal Holidays are observed as follows:

• New Year’s Day, January 1*

• Birthday of Martin Luther King, Jr., third Monday in January

• Washington’s Birthday, third Monday in February

• Memorial Day, last Monday in May

• Juneteenth, June 19*

• Independence Day, July 4*

• Labor Day, first Monday in September

• Columbus Day, second Monday in October

• Veteran’s Day, November 11*

• Thanksgiving Day, Fourth Thursday in November

• Christmas Day, December 25*

*Government facilities observe Federal Holidays that fall on a weekend as follows: 1) Government facility will be closed the Friday before a holiday which falls on a Saturday; and 2) Government facility will be closed the first Monday after a holiday which falls on a Sunday.

Employee/Visitor/Fleet Parking Lots. The snow shall be pushed into the designated snow storage areas to the farthest locations feasible, providing adequate storage for most all the accumulation in a year (see the attached site maps for designated snow storage locations). The primary designated snow storage areas shall be utilized to its maximum capacity and verified from the COR before storing snow into the secondary storage areas. Storage should start at the farthest point and as snow accumulates throughout the season, pile snow towards the parking lot area the snow is cleared from.

Protection Markers. The Contractor shall install and remove markers to protect various features.

Drainage Features/Drywells. The Contractor shall protect the drainage features throughout the sites while performing snow plowing services. Where the drywells are located, snow piles shall not block the natural flow of water.

Curbs/Trees/Vegetation. Concrete curbs are along many of the parking lots and driveways with some storage areas located beyond the curbs. The Contractor shall protect the concrete curbs, lawns, large trees, and natural vegetation such as natural grasses and shrubs.

Fire Hydrants. The Contractor shall protect the fire hydrants throughout the sites while performing snow plowing services.

Sprinkler System. Fernan has an underground sprinkler system that shall be protected when storing snow on lawn areas.

Fences/Gates/Sidewalks/Vehicles. Snow shall not be piled on fences or snow pushed up against fences or buildings or other structures. Snow, slush, or ice shall not be deposited or left in berms along sidewalks, fences, gates, or near buildings or vehicles. This may cause ponding during a melting event and the Contractor shall remove any standing water caused by berms. Care shall be given to retain all snow storage from building on the fences. Contractor shall buffer the fence areas by a minimum of 8 inches but adequately allow for drainage.

Snow Accumulation Parked Vehicles/Buildings. Snow removal shall be no farther than 18 inches measured laterally from vehicles or buildings and no more than 8 inches in height near any vehicle or buildings. If accumulations near parked vehicles are greater than 8 inches in height, then arrangements will be made with the Contracting Officer (CO) or Contracting Officer Representative (COR), to have vehicles moved so that Contractor can remove snow accordingly. Notification to Contracting Officer or Contracting Officer Representative for vehicle moving would have to be minimum of 24 hours prior to conducting the snow removal service work where vehicles are requested to move. For snow removal near vehicle parking where vehicles are requested to be moved, the Contractor shall be compensated at the per site visit rates listed in the bid schedule and may invoice as an additional visit accordingly.

Additional plowing may be requested by the Contracting Officer or designated Contracting Officer’s Representatives, either during business hours or after business hours which will be determined at the time of request. Any additional plowing requested, the Contractor shall be compensated at the per site visit rates listed in the Schedule of Items and billed as an additional visit accordingly, unless determined by the Contracting Officer as a call-back for inadequate snow removal from a previous visit.

5.0 SANDING. Sanding shall be performed immediately following any snowplowing at both sites and shall be completed no later than 6 a.m. Sand shall be dispersed over plowed areas in quantities sufficient to provide adequate traction for vehicular and foot traffic within the parking lot areas. Extra emphasis shall be made for sanding on critical areas such as the approaches to the gates, handicap parking stalls and entrances to sidewalks, walkway areas, building entrances, and any other areas designated on the site maps or as determined by the COR or other Government designated representative.

Additional sanding may be requested by the COR or other Government designated representative dependent on weather and site conditions. However, inadequate sanding will be cause for requests to re-sand the inadequate areas. Re-sanding will not be compensated as additional sanding but will be considered completion of the original sanding task.

6.0 SHOVELING & DEICING.

Shoveling or snow removal of the sidewalks, walkway areas and building entrances, gates and fire hydrants shall be automatic in the event of accumulations of one and one-half inches or more of snow. Contractor to obtain approval from the COR or other Government designated representative of any mechanical means to conduct snow removal from the sidewalks and walkway areas prior to any use.

Deicing shall be performed automatically after shoveling and shall be completed no later than 6:00 a.m. Contractor shall use an environmentally friendly Deicer product with the CO and COR approval before use. Deicer shall be dispersed over shoveled sidewalks or walkway areas in quantities sufficient to provide adequate traction for foot traffic safety, however not so much quantity to cause long term damage to sidewalks or nearby vegetation or wood structures.

Additional areas to shovel will be along manual foot traffic personnel gates and automatic vehicle gates where the gates track along the fence to the end of the gate in the open position in order to allow the gates to function properly during snow events. Remove snow to native ground along the gate track as shown on the attached site maps. Included in the additional areas for snow shoveling are areas near the four fire hydrants for INRC Site 1 and two fire hydrants for Fernan Site 2. All fire hydrants are identified on the attached site maps. A minimum eight (8) foot diameter area shall be shoveled around each hydrant to native ground as well as two paths to the hydrant shoveled area so that the hydrants remain visible from the parking lot. These areas (gate tracks and fire hydrants) are not required for deicing.

7.0 LOADING & HAULING FOR SNOW REMOVAL. Plowed snow shall be deposited in areas designated by the COR and shall be piled in a manner maximizing the amount of space available for snow disposal. If the amount of snow accumulated reaches a point where it can no longer be contained within designated disposal areas, it shall become the responsibility of the Contractor to haul excess snow to an alternative disposal site pre-approved and authorized by the COR. The alternate disposal site(s) shall be mutually agreed upon by the Contractor and by the Government BEFORE disposal is initiated, and before hauling expenses are incurred. In the event the CO or COR determines there is a need to haul excess snow from any of the premises, the Contractor shall be compensated at the hourly rate as listed in the schedule of items.

8.0 GOVERNMENT FURNISHED PROPERTY. Limited parking for Contractor’s equipment is available. Key Cards for fleet parking area will be provided after award. Key cards shall be returned prior to the end of the contract.

9.0 MINIMUM EQUIPMENT REQUIREMENT. The following are the minimum equipment requirements for Sites 1& 2 - Fernan Office location. Other equipment may be used upon approval and agreement by the CO.

Rubber-Tire End Loader

• The engine shall be rated at least 70 horsepower

• Rubber tired

• The minimum capacity of the end loader bucket shall be 1 ½ -cubic yard.

10.0 DELIVERY SCHEDULE.

CONTRACT TIME. Contract time will be from the date on the Notice to Proceed issued at the pre-work meeting through the period/snowplowing season specified in the Schedule of Items. This contract is for the period from the date of award through September 30, 2024, with the option to renew for two (2) subsequent years, subject to the availability of funds and sustained satisfactory performance by the Contractor. The Period of Performance is for the following:

PERIOD START DATE END DATE CONTRACT TIME

Base Year 10/01/2023 09/30/2024 365 days

Option Period 1 10/01/2024 09/30/2025 365 days Option Period 2 10/01/2025 09/30/2026 365 days

11.0 REPLACMENT OF EQUIPMENT. Contractor shall provide quality equipment capable of safely performing the work under the terms of the contract. If equipment is not in a a workman like condition, including but not limited to safety and operability, or if it becomes inoperative, the Contractor shall repair immediately or furnish a replacement equipment to meet the contract requirements for snow plowing. All repairs to equipment are the total responsibility of the Contractor.

12.0 SAFETY. Contractors shall comply with OSHA regulations and provide employees a work environment that is sanitary and not hazardous. Contractors are responsible for risk management regarding contractor/employee and public safety, which includes the experience of operator to handle the equipment, getting to the worksite, and coordinating with other users.

RFQ 1284LL23Q0091

Snow Removal Services-IPNF

SECTION C - CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

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 and Commercial Services

(DEC 2022) (DEVIATION 2017-1)

Addenda to 52.212-4:

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (DEC 2022) (DEVIATION 2017- 1, DEVIATION APR 2020, and DEVIATION DEC 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.

115-91).

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

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

(5) 52.233-3, 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. 3805note)).

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

(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:

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

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

3509)).

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

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

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

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

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

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

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

6101note).

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

☐ (11) [Reserved].

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

U.S.C.657a).

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

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

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

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

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

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

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

(3)).(DEVIATION DEC 2022)

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

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

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

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

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

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

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

☐ (ii) Alternate I (MAR 2020) of 52.219-13 ☐ (20) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s)

[Contracting Officer check as appropriate.] ☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

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

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

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

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

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

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

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

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

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

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

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

(E.O.13126).

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

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

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

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

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

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

U.S.C.793).

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

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

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

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

☒ (36) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

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

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

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

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

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

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

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

8259b).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5150).

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

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

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

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

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

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

☒ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(Oct 2018) (31 U.S.C. 3332).

☐ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C.3332).

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

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

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

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

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

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

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

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

Contracting Officer check as appropriate.] ☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

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

206 and 41 U.S.C. chapter 67).

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

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

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

Employee Class Monetary Wage/Fringe Benefits

Automotive Worker-05070 $21.12

☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

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

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

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

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

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

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

U.S.C. 1792).

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

3509).

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

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

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

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

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

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

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

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

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

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

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

13706).

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801)

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

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

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a)The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b)If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c)The total duration of this contract, including the exercise of any options under this clause, shall not exceed three (3) years.

52.232-18 Availability of Funds (APR 1984)

52.232-19 Availability of Funds for Next Fiscal Year (APR 1984)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.242-17 Government Delay of Work (APR 1984)

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR __4_) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.204-70 Modification for Contract Closeout (DEVIATION JUL 2022)

Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from 10/01/2023 through 09/30/2024 with two additional option years.

PERIOD START DATE END DATE

Base Year 10/01/2023 09/30/2024

Option Period 1 10/01/2024 09/30/2025

Option Period 2 10/01/2025 09/30/2026

452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at TBD.

https://www.usda.gov/sites/default/files/documents/agar-class-deviation-contract-closeout-clause.pdf

SECTION E - SOLICITATION PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to provisions may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

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

For simplified acquisitions, the word quote or quoter is substituted in provision 52.212-1 for the word offer or offeror https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

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

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

(2) Offers submitted in response to this solicitation shall include a priced proposal, a technical proposal, and contractor representations and certifications. Your offer shall include the following;

a) Completed & Signed SF-1449 (pg.1). Complete sections 17a., 30a-30c.

b) Acknowledge amendments, if any, issued on sam.gov for this solicitation by completing and signing any posted SF-30

c) Completed Section B. Schedule of Items with Prices (pg. 3)

4) Completed (i) Past Performance, Page 24.

5) Completed (ii) Technical Capability, Page 25.

NOTE: Failure to submit the required documents as part of the Price Quote will result in NOT being considered for award.

(i) Past Performance.