Solicitation Package 1153395 .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-126395CODE 16. ADMINISTERED BY

USDA APHIS

250 MARQUETTE AVE

SUITE 410

MINNEAPOLIS MN 55401

CODE

X

X

X

332311

SIZE STANDARD:

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

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/25/2025 @10:00 AM MT612-396-3895JEANINE GORAL

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION 5. SOLICITATION NUMBER

1153395

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

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

17a. CONTRACTOR/

15. DELIVER TO

USDA AMS Seed Regulatory & Testing Division 801 Summit Crossing Place Gastonia, NC 28054

7.

2. CONTRACT NO.

EFFECTIVE DATE

employees

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

9. ISSUED BY

USDA APHIS

250 MARQUETTE AVE

SUITE 410

MINNEAPOLIS MN 55401

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Firm fixed price Purchase Order to provide Greenhouse sunshade replacement per the Statement of Work for USDA AMS Seed Regulatory & Testing Division facility located in Gastonia, NC

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED . 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)

JEANINE J. GORAL

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

VENDOR NAME:

ADDRESS:

PHONE NUMBER:

POINT OF CONTACT:

Unique Entity ID (UEI)#:

EMAIL ADDRESS:

08/15/2025

X X xxxxxxxxxxxxx xxxxxxxxx

Solicitation #1153395

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Instructions to offerors

1. The United States Department of Agriculture (USDA), Agricultural Marketing Service (AMS) program intends to award a single Firm Fixed-Price Purchase Order to replace the Greenhouse sunshade.

2. The period of performance is one year. Quoted prices shall include all the costs necessary to perform the work.

3. Simplified acquisition procedures will be used for this requirement per Federal Acquisition Regulation (FAR) Part 13. This solicitation is being offered as a 100% Small Business Set‐Aside in accordance with Federal Acquisition Regulation (FAR) 52.219-6. The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation is:

NAICS Code: 332311 Prefabricated Metal Building and Component Manufacturing Size Standard: 750 employees

4. Submit all questions by email to Jeanine Goral at Jeanine.J.Goral@usda.gov. Questions should be submitted no later than three (3) days prior to August 22, 2025 to the response deadline to ensure an adequate time is available to respond and to amend the solicitation if necessary

5. ALL CONTRACTORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD

MANAGEMENT (SAM) PRIOR TO CONTRACT AWARD. Go to www.sam.gov to register.

If already registered, please make sure that your registration is up to date and that you have completed all FAR representations and certifications.

6. In accordance with Federal Acquisition Regulation (FAR) Subpart 9.1, a prospective contractor may be requested to provide additional information in order to assist the Government in making a responsibility determination.

7. The U.S. Department of Agriculture is a tax-exempt agency. (Exempt from State and Federal tax) Tax ID Number: 41-0696271. Tax exempt# 4700.

8. Evaluations will be conducted under Simplified Acquisition Procedures (FAR Part 13) with award based on best value (See provision 52.212‐2 for factors).

9. Interested vendors must submit all requested information to be considered for award (See Provision 52.212‐2 at the end of this document for complete information). The quoted price shall include all costs necessary to perform the work. Quoters are responsible for ensuring completeness of quotations. The Government may evaluate solely on the information provided in the quotation.

Quotations that include additional terms may be excluded from consideration. Alternate Pricing Schedules will not be considered. Quotations must include a price for all items in the solicitation to be eligible for award. The Government will evaluate offers for award purposes by adding the total price for the options to the total price for the basic requirement. Evaluation of the option(s) will not obligate the Government to exercise the option(s).

10. This solicitation is issued as a 100% small business set‐aside.

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A COMPLETE QUOTATION PACKAGE MUST CONTAIN THE FOLLOWING ITEMS:

Submit quotes by email to Jeanine.J.Goral@usda.gov by the time specified in the solicitation.

Submit the items listed below to Jeanine Goral @ Jeanine.J.Goral@usda.gov.

☐ Signed Standard Form (SF) 1449 Schedule with blocks 30 a, b and c completed. Reference the solicitation number and include company name, address, Unique Entity ID (UEI) number and point of contact information.

☐ Completed Pricing Schedule (page 3) Quoters are responsible for ensuring completeness of quotations. The Government may evaluate solely on the information provided in the quotation.

Quotations that include additional terms may be excluded from consideration. Quotations must include a price for all items in the solicitation to be eligible for award). Alternative pricing schedules will not be considered.

☐ Past Performance Information Provide at least three (3) past performance references for recent and relevant work performed by the quoter within the last three years. Include project title, description, dollar value, dates performed, location, and contact information (name, title, valid email address, and phone number).

☐ Provision 52.204-24 (page 11) Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment if applicable. Reference the provision below in Part 5.0 PROVISIONS to determine if it is applicable.

☐ Provision 52.204-26 (page 14) Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment if not completed in the System for Award Management database.

☐ Acknowledgement of any amendments to this solicitation.

mailto:Jeanine.J.Goral@usda.gov

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1.0 PRICING SCHEDULE

Quoter is responsible for ensuring completeness of quotations. The Government may evaluate solely on the information provided in the quotation. Quotations that include additional terms may be excluded from consideration. Alternative Pricing Schedules will not be considered. Quotations must include a price for all items in the solicitation to be eligible for award.

The contractor shall furnish all the needed personnel, supervision, transportation, material, equipment, and services as described in the statement of work, to perform the required maintenance for the USDA, APHIS, AMS, North Carolina **All pricing includes any and all costs but not limited to overhead, general and administrative costs, profit, insurance, and transportation.** Shipment will be FOB Destination and inspection, and acceptance is in accordance with FAR Clause 52.212-4(a), and performance requirements.

Item Description Total 0001 Replace Greenhouse Sunshade Per the Statement of Work $________________

TOTAL $_______________________

Upon counsel of USDA Acquisition, USDA MRPBS Contracting Personnel been advised that "Any other terms, including those on a purchase order, in a vendor registration application, or part of an RFP, are considered void and shall have no force or effect.”

USDA MRPBS Contracting Personnel are not permitted to sign your Quote/Proposal as it may have terms and conditions which cannot be approved and therefore would make the acquisition invalid.

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In Accordance with Federal Acquisition Regulation (FAR) 52.237-1 - Site Visit (Apr 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(End of Provision)

Site visits are at the discretion of the facility and are by appointment only. Proper Government issued identification is required. Please contact the following individual at the facility listed below at least 24 hours prior to doing a site visit so that the proper security arrangements may be made.

Dates and times available: Monday through Friday from 8:00 am - 4:00 pm.

Points of Contact (POC) Dr. Yujia Wu yujia.wu@usda.gov.

704-747-0839 or Anitra Walker as an alternate.

anitra.walker@usda.gov.

704.810.7269

SECURE FACILITY

The USDA AMS LSP SEED BR is a secure facility. Contractors must be escorted at all times while on site. Contractors must provide photo ID and sign in/sign out when entering/leaving the facilities at all times.

SAFETY AND SECURITY REQUIREMENTS

During the performance of work herein, the contractor shall take all reasonable precautions to guard secrecy of the tenant’s records and information, shall limit access to records and information of the tenant to authorized employees or agents of the contractor only, and shall inform all such authorized personnel of the confidential nature of records and information of the tenant and of the applicable laws regarding security of communication.

mailto:yujia.wu@usda.gov mailto:anitra.walker@usda.gov

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2.0 Specifications

2.1 Scope of Work

The USDA Seed Regulatory and Testing Division (SRTD) needs to replace the sunshade including any additional parts and labor.

2.2 Background

The USDA Seed Regulatory and Testing Division (SRTD) uses the greenhouse for Trueness-to- Variety (TTV) testing. The greenhouse is essential for these grow-outs when the Seed Regulatory and Testing Division (SRTD) does not have space in the fields. Also, since all seeds cannot be directly planted in the fields, the Seed Regulatory and Testing Division (SRTD) plant some seed kinds to grow out in the greenhouse for variety confirmation. The sunshade will ensure that our test results reach its highest potential for mission critical work.

2.3 Contractor Technical Requirements / Tasks

• Make an itemize list of all parts needed to replace the sunshade

• Measure the greenhouse for the size of the sunshade needed •The inside estimate of the greenhouse measures 36 x 22 feet and the outside is 42 x 24 feet

• Order the sunshade and either ship to building or pick up prior to replacing

• Replacing the sunshade includes, where applicable, cleaning, clearing, and removing any debris and potential blockage.

• Haul away any item’s leftover from the sunshade replacement

2.4 Government Furnished

The contractor will provide any additional materials needed to complete the work. Seed Regulatory and Testing Division (SRTD) staff will provide an explanation/demonstration of how the greenhouse operates, and work with the contractor to ensure the proper functioning of those once the repairs are complete.

2.5 Deliverables / Schedule

Normal business hours are Monday through Friday, 7:00 am to 5:00 pm. If the contractor is available evenings or weekends, this will be coordinated with the Seed Regulatory and Testing Division (SRTD) Point of Contact (POC).

2.6 Location of Service

USDA AMS LSP SEED BR

801 Summit Crossing Pl Suite C Gastonia NC 28054

2.7 Travel

The contractor is responsible for making all travel arrangements.

2.8 Contractor’s Key Personnel

Personnel must have sufficient expertise in this line of work

2.9 Security Requirements

The contractor will be issued visitor ID badges while on site.

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The US Department of Labor Wage Determination 2015-4423 Revision 31 dated 07/07/2025 for Gaston County, North Carolina where the work will be performed, applies to this Service.

Quality Assurance The contractor shall appoint a competent, experienced, and knowledgeable point-of-contact (POC), Supervisor, who shall independently manage, supervise, and act as a representative of the contractor for coordination of all work assignments required under this contract.

The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government.

See FAR clause 52.246-4 -Inspection of Services - Fixed-Price.

Should the contractor fail to successfully perform any of the cleaning deliverables outlined in this SOW, the contractor shall re-perform at no cost to the government. If failure to perform continues, and the contractor does not maintain consistent corrective action, the Government may require the personnel to be removed from the site or termination of the contract.

The government will accept the supplies which conform in all respects with standard commercial requirements, including specifications, drawings, preservation, packaging, marking requirements, and physical item identification (part number), and are in the quantity shown on delivery order.

Inspection and acceptance are in accordance with FAR 52.212-4 (a) (1) & (2) Contract Terms and Conditions - Commercial Items.

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3.0 Contract Administration

The COR is responsible for monitoring the performance of work under this Purchase Order and is the local Government contact. In no event, however, will any understanding, agreement, modification, or other matter deviating from the terms of the IDIQ be effective or binding upon the Government unless a modification to the Purchase Order is issued by the Contracting Officer prior to performing the work.

The COR shall inform the contracting Officer as soon as possible of any understandings, tentative agreements, recommended modifications, and actions or inactions of the Contractor or the Government which could affect the Contractor’s ability to comply with the contract performance requirements or completion times.

Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the Purchase Order, the Contractor shall advise the COR and the Contracting Officer. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer shall be notified immediately.

PROCEEDING WITH WORK WITHOUT PROPER CONTRACTUAL COVERAGE AND

APPROVAL OF THE CO COULD RESULT IN A BREACH OF CONTRACT AND

NONPAYMENT.

The designation (delegation of authority) is provided in writing to the COR and is available to the Contractor. The delegation of authority clearly explains the COR’s roles and responsibilities on the contract and limitations of authority.

The COR does not have the authority to modify the terms and conditions of the contract.

The following contacts are the only people authorized to interact with the contractor on this contract:

Technical Point of Contact: (TPOC) Dr. Yujia Wu yujia.wu@usda.gov 704-747-0839 or Anitra Walker as an alternate.

anitra.walker@usda.gov 704.810.7269

The USDA designated Contracting Officer’s Representative (COR) to coordinate the work to be completed under this contract is:

TBD

mailto:yujia.wu@usda.gov mailto:anitra.walker@usda.gov

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Contracting Officer Jeanine Goral USDA APHIS MRPBS AAMD Contracting Office: 612-396-3895 Jeanine.J.Goral@usda.gov

The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions or other stipulations of this contract. Any other commitment, either explicit or implied, is invalid. The CO is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) obligate or deobligate funds into the contract; or (6) otherwise change any terms and conditions of this contract. No information, other than that which may be contained in an authorized modification to this contract duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.

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4.0 Invoicing

The contractor shall submit invoices and supporting documentation to the COR and submitted via www.ipp.gov. The COR must obtain approval for payment for all invoices.

Please show delivery order number on all invoices.

Payment is 30 days after receipt of a proper invoice, in accordance with the Prompt Payment Act (31 U.S.C. 3903).

Under FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

Agencies shall make their payments to small business contractors as soon as practicable, with the goal of making payments within 15 days.

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 Contractor shall submit an invoice into IPP at (https://www.ipp.gov).

A proper invoice must include the following:

(1) Name and address of the Contractor

(2) Invoice date; Invoice number;

(3) Contract number, contract line item number and, if applicable, the order number;

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

(5) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(6) Name, title, and phone number of person to notify in event of defective invoice; and

USDA is a tax-exempt agency: Tax ID Number: 41-0696271. Tax Exempt # 4700.

The Government reserves the right to reject an invoice that does not include the information above.

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5.0 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): FAR | Acquisition.GOV

52.204-7 System for Award Management Nov 2024

52.204-16 Commercial and Government Entity Code Reporting Aug 2020

52.212-1 Instructions to Offerors - Commercial Items Sept 2023

452.204-70 Inquiries Feb 1988 https://www.acquisition.gov/browse/index/far

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5.1 Solicitation Provisions in Full Text

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212- 3.

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

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

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

(d) Representation. The Offeror represents that—

(1) It ☐ will, ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and https://www.sam.gov/

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(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

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52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) (1) Representation. The Offeror represents that it ☐ does, ☐ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it ☐ does, ☐ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

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52.204-29 Federal Acquisition Supply Chain Security Act Orders - Representation and Disclosures (Dec 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures.

(1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

https://www.acquisition.gov/far/52.204-30#FAR_52_204_29 https://www.acquisition.gov/far/52.204-30#FAR_52_204_29 https://www.sam.gov/ https://www.acquisition.gov/far/52.204-30#FAR_52_204_29 https://www.acquisition.gov/far/4.2303#FAR_4_2303

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(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

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52.212-1 ADDENDUM

FAR 52.212‐1 Instructions to Offerors - Commercial Products and Commercial Services, is replaced in its entirety by this addendum.

(a) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. See also the requirements of 52.219‐14 Limitations on Subcontracting.

(b) Submission of Quotes. Submit quotes to Jeanine Goral at Jeanine.J.Goral@usda.gov. by the date specified in this solicitation. See “Instructions to Offerors” for quotation submission requirements.

(c) Submission deadline. Quotes must be received by the date and time specified in this solicitation.

A late quote will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition. In the case of an emergency or unanticipated event that delays Government operations so that quotes cannot be received, the deadline will be extended by one working day.

(d) Terms of and content. Quotes must be based on the terms of this solicitation. The Government may reject any quote that is not based on these terms in every respect. Quotes must contain all of the information required by the solicitation.

(e) Contract award. The Government intends to evaluate quotes and award a contract without discussions. Therefore, a quote should contain the quoter’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in quotes received.

(f) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the quoter acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the quoter does not become registered in the SAM database by the response date specified in the solicitation, the Contracting Officer will proceed to award to the next otherwise successful registered quoter. Quoters may obtain information on registration and annual confirmation requirements via the SAM database accessed through SAM.gov.

(g) Requests for information. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on award(s) resulting from this solicitation from the contracting officer.

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52.212-2 Evaluation—Commercial Items. (Nov 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers in accordance with FAR Part 13 procedures:

The following factors shall be used to evaluate offers:

(i) Technical capability of the item offered to meet the Government requirement;

(ii) Delivery time frame

(iii) Past performance

(iv) Price

In order to be considered technically acceptable, the offered tubes must meet the specifications outlined in the Specification of Work. Final acceptance of product will be made after delivery for each order to confirm that the offered products meet the specifications.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

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52.212-3 Offeror Representations and Certifications - Commercial Products and Commercial Services (May 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a)Definitions. As used in this provision—

Covered telecommunications equipment or services has the meaning provided in the clause 52.204- 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1)Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2)Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1)PSC 5510, Lumber and Related Basic Wood Materials;

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(2)Product or Service Group (PSG) 87, Agricultural Supplies;

(3)PSG 88, Live Animals;

(4)PSG 89, Subsistence;

(5)PSC 9410, Crude Grades of Plant Materials;

(6)PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7)PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8)PSC 9610, Ores;

(9)PSC 9620, Minerals, Natural and Synthetic; and

(10)PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1)Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2)Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3)Consist of providing goods or services to marginalized populations of Sudan;

(4)Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

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(5)Consist of providing goods or services that are used only to promote health or education; or

(6)Have been voluntarily suspended."Sensitive technology"—

Sensitive technology—

(1)Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i)To restrict the free flow of unbiased information in Iran; or

(ii)To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2)Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act ( 50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern—

(1)(i)Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii)The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2)A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3)Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C.

101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—

(1)Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2)Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

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Small business concern—

(1)Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2)Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that—

(1)Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i)One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;

and

(ii)Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2)The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1)Directly by a parent corporation; or

(2)Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1)Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2)The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is

Page | 23 owned by one or more women; and whose management and daily business operations are controlled by one or more women

Women-owned small business concern means a small business concern—

(1)That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2)Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)(1)Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2)The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v)…