Solicitation Package 12639524Q0083 .docx

INSTRUCTIONS TO OFFERORS

1. The United States Department of Agriculture (USDA), Animal Plant Health Inspection Services (APHIS), Wildlife Services (WS) program intends to award a 5-year Firm Fixed-Price, Indefinite Delivery Indefinite Quantity (IDIQ) contract for Rodent Feed.

2. 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: 311119- Other Animal Food Manufacturing;

Size Standard: 650 employees.

3. Interested vendors must submit all requested information by the time specified in the solicitation to be considered for award (See Provision 52.212‐2 at the end of this document for complete information). 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). Missing, incomplete, or ambiguous information may result in an unacceptable rating.

A COMPLETE QUOTATION PACKAGE MUST CONTAIN THE FOLLOWING ITEMS:

Part 1: Technical Quotation 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) Provide a unit price for each line item specified in the Pricing Schedule. 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 10) Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment if applicable. Reference the provision below in Part 6.0 PROVISIONS to determine if it is applicable.

☐ Provision 52.204-26 (page 12) 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.

4. Submit all questions by email to Jeanine Goral, Jeanine.J.Goral@usda.gov. Questions should be submitted no later than three (3) days prior to the response deadline, March 11, 2024, to ensure adequate time is available to respond and to amend the solicitation if necessary.

5. Vendors must be registered in the System for Award Management (https://sam.gov/), including current online representations and certifications, no later than the solicitation response date by March 14, 2024 @10:00 am Mountain Time.

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 Animal and Plant Health Inspection Service (USDA APHIS) is an agency of the Federal Government and is tax exempt (Tax ID # 41‐0696271).

Part 2: Product Sample

One (1) product sample of Rodent Feed, as specified, no less than 5 pounds.

Submit product samples to the address below for testing by the required response before March 14, 2024. Mark with the solicitation number, company name, and point of contact information. Samples shall be submitted at no expense to the Government and will not be returned.

USDA APHIS WS

233 Pangelinan Way Barrigada, Guam 96913-1277

The Government may waive the requirement for the product sample where supplies identical to those called for in the schedule have been previously furnished by the quoter and have been accepted by the Government. The quoter may request a waiver.

Ordering Period 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.

Contractor shall furnish all the needed personnel, supervision, transportation, material, equipment, services as described in the statement of work, to perform the required maintenance for the USDA, APHIS, WS, Guam. **All pricing to include 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.

Ordering Period 1: (Contract Award Date through Month 12) 0001 Rodent Feed 31,200 LB $____________ $____________ Vendor to deliver up to 600 pounds per week for 52 weeks

Ordering Period 2 (Month 13 through Month 24) 2001 Rodent Feed 31,200 LB $____________ $____________ Vendor to deliver up to 600 pounds per week for 52 weeks

Ordering Period 3 (Month 25 through Month 36) 3001 Rodent Feed 31,200 LB $____________ $____________ Vendor to deliver up to 600 pounds per week for 52 weeks

Ordering Period 4 (Month 37 through Month 48) 4001 Rodent Feed 31,200 LB $____________ $____________ Vendor to deliver up to 600 pounds per week for 52 weeks

Ordering Period 5 (Month 49 through Month 60) 5001 Rodent Feed 31,200 LB $____________ $____________ Vendor to deliver up to 600 pounds per week for 52 weeks

Total Contract Price:______________________________

Product Manufacture Location: ______________________________________________ Proposed Delivery Timeframe:_______________________________________________ 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.

1.0 Statement of Work

The United States Department of Agriculture (USDA), Animal Plant Health Inspection Services (APHIS) Wildlife Services (WS) intends to award a five-year Firm Fixed Price, Indefinite Delivery Indefinite Quantity (IDIQ) contract with economic price adjustment for approximately 156,000 pounds of Rodent Feed limited to the USDA APHIS Wildlife Services Guam Program located at 233 Pangelinan Way, Barrigada, Guam 96913-1277.

The work to be performed under this contract consists of furnishing all materials, equipment, supplies, labor and transportation as required by the Pricing Schedule of the contract, and in accordance with these specifications. All work materials and services not expressly called for in this performance work statement but are necessary for completion of the contract requirements shall be performed and furnished by the Contractor at no additional cost to the Government.

1.1 Background

The USDA, Animal and Plant Health Inspection Service (APHIS), Wildlife Services (WS) intends to procure feed for the live mice that are used as attractants in Brown Tree snake (BTS) traps located in Guam and islands of the Commonwealth of the Northern Marianas. The health and well-being of the live mice are of paramount importance in awarding this contract. The feed supplied must be up of the highest quality. The contractor will provide up to 600 pounds of rodent feed, every Monday (or Tuesday if Monday is a Federal Holiday) for the duration of the contract.

1.2 Product Specifications

The rodent feed supplied must be of the highest quality and all products must meet the following specifications:

Rodent Feed

Ingredients Wheat, Red and White Milo, 28% Pellet (de-hulled Soybean Meal, Wheat Middlings, Ground Wheat, Canola Meal, Ground Corn, Corn Gluten Meal, Rice Bran, Corn Germ Meal, Maize Distillers, Dried Grains, with Vitamins and Minerals.

1.3 Inspection

Independent analysis of rodent feed may take place at any time to ensure quality of product.

Vendor to provide stringent quality control measures to ensure product is of less than 1% spoilage, free of insects, mold, or rot. USDA Wildlife Services will provide a minimum of twenty-four (24) hour notice.

1.4 Period of Performance

This will be a five-year Indefinite Delivery Indefinite Quantity (IDIQ) contract. Funds will be obligated by delivery orders when rodent feed is needed.

1.5 Delivery Quantity and Schedule

On a weekly basis, up to 600 pounds of rodent feed will be delivered every Monday (Tuesday if Monday is a Holiday) for 52 weeks beginning on Contract Date of Award. Vendor to ensure an uninterrupted supply of rodent feed is delivered weekly unless occurrences beyond vendors control dictate a shortage. In this instance, the vendor will provide the maximum amount available and make up shortages in successive deliveries. Alternatively, the customer will pick up feed due to occurrences that may prevent delivery. Bags can be in either 50 lbs. / 12 bags or 75 lbs. / 8 bags.

Rodent Feed shall be delivered within 1 week following the issuance of a delivery order. This is a firm delivery requirement.

Contract and delivery order minimums and maximums are addressed in the following clauses: 52.216‐19, Order Limitations” and 452.216‐73 “Minimum and Maximum Contract Amounts”. The line item quantities listed in the Pricing Schedule are not intended to convey either a minimum or maximum quantity that will be ordered by the Government. Delivery Order prices will be in accordance with the fixed rates established in the Pricing Schedule. The unit price that will be paid for any line item will not be changed based on the quantity actually ordered by the Government. The ultimate contract price for any given ordering period will be the sum of the delivery orders issued during that period.

1.5.1 Ordering Instructions

Orders may be placed by phone or email. A list of individuals authorized to place the order will be provided by the Contracting Officer. Unless otherwise directed, orders will occur automatically per the instructions in 1.5 Delivery Quantities.

1.5.2 Delivery Location:

Shipment will be FOB Destination and inspection and acceptance is in accordance with FAR Clause 52.212-4(a), and performance requirements. Delivery location will be specified in each Delivery Order.

USDA APHIS Wildlife Services 233 Pangelinan Way Barrigada, GU 96913-1277

Deliveries shall be made Monday through Friday between 7:00 a.m. and 3:30 p.m.

1.6 First Article Testing

Prior to award, the contractor shall supply a 5 pound sample (First Article) that will be representative of all future Rodent Feed shipments for testing by the Government. The sample shall be delivered to: USDA APHIS Wildlife Services; 233 Pangelinan Way, Barrigada, GU 96913-1277 Attention: Chad Richardson and should be labeled as such.

First article testing shall be performed in accordance with contract clause 52.209‐4 First Article Approval - Government Testing. The sample will be tested for compliance with Product Specifications (Section 1.2). Sample evaluation will begin by the government within 5 working days from the date received. The Contractor will be notified by the Government of the results of Pass or Fail. If the results pass the item will be deemed acceptable. If the results fail, the quoter’s offer of such rodent feed as equal will be denied.

1.7 Packaging and Delivery:

Affixed to the outside of the shipping container in waterproof plastic pouch each shipment shall include the following:

Packaging Marketing:

Each bag product shall contain (50 lb. /bag) and must be identified with the following information on the individual bag:

· Name of product

· Lot number

· Manufacturing date

· Expiration Date

The shipping container shall have a permanently affixed label or printing that provides the following information with a minimum text height of 3/8 of an inch:

· Content Rodent Feed

· USDA APHIS WS

· Manufacturing Date ______________

· Lot/Batch Number__________________

· Contract Number ______________

· Do Not Crush ________________

· Manufacture’s Name _____________

Packaging: Affixed to the outside of the shipping container in waterproof plastic pouch each shipment shall include the following:

· Material Safety Data Sheet (MSDS)

· Certificate of Analysis

· Packaging slip identifying the following:

· Contract Number

· Item Shipped

· Quantity

· Manufacture

The product shall be packaged suitable for shipment by common carriers. The bags shall be protected and be of sufficient strength to allow stacking to a height of 60 inches without crushing or breaking bags at the bottom of the stack.

If shipped via pallets, height of the cargo may not exceed 65” (inclusive of the pallet height).

1.8 Contract Administration

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 Shipment will be FOB Destination and is in accordance with FAR 52.212-4 (a) (1) & (2) Contract Terms and Conditions - Commercial Items.

PROCEEDING WITH WORK WITHOUT PROPER CONTRACTUAL COVERAGE AND APPROVAL OF THE CO COULD RESULT IN A BREACH OF CONTRACT AND NONPAYMENT.

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

Technical Point of Contact: (TPOC) Lourdes Jubilado (Admin Assistant) 671-635-4400 lourdes.c.jubilado@usda.gov.

or

Chad Richardson (Supervisor Biologist) 671-635-4400 chad.d.richardson@usda.gov.

Jeanine Goral – Contracting Officer USDA APHIS MRPBS AAMD Contracting Fort Collins, CO 80256 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.

1.9 Invoicing

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).

Please see https://www.ipp.gov/vendors/enrollment-vendors.htm and submit invoices through the Invoice Processing Platform (IPP). Enroll at https://www.ipp.gov/.

The Contractor shall submit an original invoice (or electronic invoice, if authorized,) to the address designated in the contract to receive invoices (https://www.ipp.gov).

A proper invoice must include:

(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

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

2.0 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

(End of Provision)

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 (Sept 2023)

452.204-70 Inquiries (Feb 1988)

2.1 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.

(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

(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)

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.

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;

(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.

(End of provision)

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.

52.212-2 Evaluation - Commercial Products and Commercial Services (Nov 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible firm whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Quotes will be evaluated in accordance with Simplified Acquisition Procedures (FAR 13.106-2). 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 (Ordering Periods). The Government will evaluate quotes 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).

52.212-3 Offeror Representations and Certifications - Commercial Products and Commercial -Services (Feb 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;

(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;

(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.

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 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 least 51 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) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that—

(i) It ☐ is, ☐ is not a small business concern; or

(ii) It ☐ is, ☐ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it ☐ is, ☐ is not a veteran-owned small business concern.

(3) SDVOSB concern. [ Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it ☐ is, ☐ is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it ☐ is, ☐ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(5) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(6) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it ☐ is, ☐ is not a women-owned small business concern.

(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it ☐ is, ☐ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it ☐ is, ☐ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.] Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

(9)…