Umatilla NF Combined SS RFP.pdf

Solicitation Number: 12048924R0027

FAC 2024-03 February 23, 2024

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued as a Request for Proposals (RFP).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-03.

(iv) This procurement is set aside for Total Small Business. The NAICS code is 541620, the PSC is F018, and the Small Business Size Standard is $19 million.

(v) Schedule of Items/Price Schedule

Project Description: Umatilla National Forest Plant and Whitebark Pine Survey

Vendor Name: __________________________________ Vendor UEI: ___________________

Item Supplies/Services Qty Unit of Issue Unit Price Total Price

Vascular Plant and Whitebark Pine (WBP, Pinus albicaulis) presence/absence surveys. Unit 1

1,238 AC $ $

Vascular Plant and Whitebark Pine (WBP, Pinus albicaulis) presence/absence surveys. Unit 2

818 AC $ $

Vascular Plant and Whitebark Pine (WBP, Pinus albicaulis) presence/absence surveys. Unit 3

643 AC $ $

TOTAL 2,699 AC $

Schedule Notes:

a) Work will begin after pre-work meeting in Spring, 2024. All work shall be completed by October 31, 2024.

b) One award will be made from this solicitation, contractors must submit pricing for all items.

c) See Attachments for additional terms and conditions.

(vi) Description of Requirement (including a list of any attachments)

Introduction/Background:

The work to be performed consists of botanical field surveys to detect and document vascular Regional Forester Sensitive Species and ORBIC List 1 and 2 species in specified polygons

FAC 2024-03 February 23, 2024

(subunits) in proposed vegetation management areas on the North Fork John Day Ranger District of the Umatilla National Forest. This work is in Grant County, in northeastern Oregon.

The surveys will also include efforts to detect and document the presence and absence of the ESA threatened Pinus albicaulis (Whitebark Pine) and Pinus monticola (Western White Pine).

While the tree of interest is Whitebark Pine, occurrences of Western White Pine (the only other five-needle pine occurring on the forest) will also be documented. Whitebark Pine has been recently documented in the Blue Mountains at elevations as low as 5,000 feet; these occurrences have primarily been stunted individuals amongst lodgepole pine. Two units are targeted for survey under this solicitation: Sharp’s Ridge (700-1,000 acres) and Summit Camp (400 acres).

List of Attachments:

The following attachments are made a part of this solicitation and any resultant contract.

Attachment A Maps: General Vicinity, Units 1, 2 and 3 Attachment B Vascular Sensitive Plants - Umatilla Attachment C Field Survey Form Attachment D Element Occurrence Form Attachment E Element Occrurrence Field Guide Attachment F Umatilla Invasives Attachment G Wage Determination

Time Limits:

The deadline for all data and final reports for this project is October 31, 2024. Typically, the area will be accessible for survey work in June through early September.

Definitions:

Complete Survey Method: For smaller areas (less than two acres) of high probability habitat, conduct a complete survey. These surveys are defined as a 100 percent visual exam of the area.

Forest Service vascular sensitive plants (Attachment B): Regional Forester’s Sensitive Species species that are either documented or suspected of occuring on the Oregon portion Umatilla National Forest.

Intuitive Controlled Survey Method: For large areas (greater than one hectare or 2.47 acres), an intuitive controlled survey should be used. This method includes a complete survey in habitats with the highest potential for locating Whitebark Pine. The surveyor traverses through the project area enough to see a representative cross section of all major habitats and topographic features, looking for the target species while en route between different areas. When a surveyor arrives at an area of high potential habitat, a complete survey for the target species should be made. Each unit shall be surveyed intensively enough to locate special habitats and high probability areas. For these particular surveys, intuitive level surveys can generally be accomplished by physically covering at least 75% of the ground and leaving no un-surveyed areas greater than 5% of the total unit size within any given survey unit, unless they are dense or impenetrable areas of lodgepole pine.

Occurrence(s): An individual, or group of individuals of a botanical species of interest (see above) in close proximity to each other, or a group of individuals that occur scattered throughout what appears to be contiguous habitat.

Survey Area: The entire area surveyed for botanical species of interest, even if no target Species were detected.

Target Species: Forest Service sensitive plants, ESA threatened species PIAL, 2023 ORBIC list 1 and 2 plants, and Species of Interest (SOI).

Contractor Obligations:

The Contractor shall furnish all labor, personnel, supervision, equipment, materials, supplies, tools, transportation, travel, and incidentals (except those designated as Government-furnished property) to perform all work necessary for completion of the contract. The Contractor has the responsibility for all other data collection and reports that will be used as the basis for deliverables resulting from the contract. The Forest Service retains approval authority for these documents. All federal and state rules and regulations will be followed as well as appropriate federal agency jurisdictional guidelines unique to each agency.

All data, reports, pictures, analysis, etc. collected or produced related to this contract shall remain the property of the government.

The Contractor shall specifically furnish the following items needed to complete the fieldwork (not necessarily all inclusive):

a) A GPS unit capable of recording feature locations within 10-meter accuracy. A phone or tablet with Avenza maps is recommended.

b) Compass with azimuth settings calibrated in 2-degree increments, set to local declination.

c) A tablet, phone, or other device capable of operating the ‘Field Maps’ app.

f) Red paper flagging (or other biodegradable flagging) and blue polka-dot plastic flagging

g) A downloaded version (free) of Field Maps with a loaded basemap

h) Flagging or ‘bulk bin ties’ to label twig vouchers; ultra-fine black marker

i) Hand clippers to cut twig vouchers

Government Furnished Property:

The Government will deliver to the Contractor the following listed materials, supplies, property, and/or services (hereinafter referred to as "Government-furnished property"). This shall be delivered either through email, surface mail, or in person.

a) Ranger District maps (digital and paper copies)

b) Topographic and road maps of the project and survey areas (digital and paper copies)

c) Maps of the project and survey areas overlain with aerial photos (digital and paper copies)

d) Electronic versions of all taxa of interest lists, reporting forms and directions

e) A digital and paper copy of Field Maps data fields (to be used only as backup, if necessary)

f) A USDA e-authentication account (used for Field Maps access)

g) Vegetation classification keys and plant association guides for the Blue Mountain National

Forests (digital and paper copies)

The Contractor shall be liable for all loss or damage of such Government-furnished property until completion and final acceptance of all work required under the contract. The Contractor shall sign a Transfer of Government property receipt upon acceptance of Government-furnished property. All Government-furnished property will be available after award and before the pre-work meeting.

Specific Work Requirements:

Pre-field review and survey planning

a) The Contractor shall familiarize themselves with the target species and the potential habitats in which they are likely to exist. Field Guides to Rare Plants of the Umatilla National Forest provide identification tips, season of identification, photographs, and habitat and distribution information for most of the Forest Service sensitive species.

Digital copies of these guides will be provided to the Contractor immediately after contract award. The Contractor shall familiarize themselves with the traits of Whitebark Pine (WBP) and Western White Pine (WWP) and the potential habitats in which they are likely to exist, with the knowledge that WBP may occur at lower elevations and denser forest than expected. While contractors will not be expected to differentiate between young WBP and WWP, it is expected that mature trees will be positively identified.

b) The contractor shall develop and submit a work plan and survey design. This workplan shall include a pre-filed review list of targeted sensitive species by habitat types, and when to search for each species. This will demonstrate the contractor’s knowledge of potential sensitive plants and associated habitats in the project area.

c) The work plan and survey design shall outline a survey strategy, schedule, and how the results will be reported. The survey design should generally account for areas with low, moderate, or high potential habitat for the various species, and addresses the requirements of the field survey as described below. The Contractor shall prioritize when surveys will take place in various locations, to accommodate the proper timing for identification of each species The work plan shall also include a proposed schedule of when various units and/or habitats will be surveyed.

d) Field Maps set-up: The contractor shall communicate with the COR to set up an e-authentication account. Download the free app and sign into the e-authentication account, which will give the contractor access to the maps established for these surveys.

The contractor will familiarize themselves with the operations of Field Maps and will contact the COR if assistance is desired to gain comfortability with the app or to sideload more detailed basemaps.

e) The contractor shall submit, and the COR shall accept, the pre-field review and work plan and survey design before field surveys commence.

Field Surveys

a) The Contractor shall complete field surveys for botanical target species within designated units within the project areas. The contractor shall use the ‘intuitive’ survey approach for the general forest types (see details under definitions). This requires that all major topographic features and areas of high probability potential habitat for all species of interest are surveyed intensively by walking routes through each unit. All areas with high probability habitats shall be surveyed at the 100% level.

b) All target botanical species that are found will be documented with GPS coordinates and the appropriate reporting data. The information collected varies depending on the species group. All data shall be submitted digitally in a format that allows cutting and pasting the data.

For WBP occurrences, use Field maps to add ‘points’ to the maps; after adding points, a screen will open to drop-down menus and notes fields to enter text. All fields marked as required shall be completed. (Field maps form protocol will be thoroughly covered during pre-field meetings.) For occurrences of small stands, one central GPS point will be taken in Field Maps. If stands are larger than 40 feet in diameter, an aerial imagery map will be marked with the approximate size and location of the stand.

c) GPS tracks of survey routes shall be recorded and submitted. The name of each day’s tracks shall be reported on the field survey form for each unit. GPS tracking for WBP can be turned on via the “add line” option to record routes and areas surveyed when device battery life allows.

d) (WBP) Surveyors will mark paper copies of aerial imagery with areas that are inaccessible due to high densities of lodgepole pine.

e) (WBP) Photos will be taken at all points documented for five-needle pines. These will be taken at the habitat level and notes will be made regarding the direction the photo was taken from.

f) (WBP) Field Maps will be ‘synced’ as soon as surveyors return to cell/wifi coverage.

g) (WBP) Vouchers: Vouchers will be taken for any five-needle pine that is not positively identified. Vouchers are expected for any young five-needle pine, as differentiating between WBP and WWP can be extremely difficult at this stage. Small twigs will be clipped and labeled with flagging or twist-ties and permanent ink. Twigs will be pressed as soon as possible to avoid mold. In the case of young saplings or trees with limited foliage, no voucher shall be collected, and close-up photographs of the needles will instead be taken.

h) A field survey form for each subunit shall be submitted digitally. See Attachment B Field Survey Form for details of the required information.This shall be in a format that allows cutting and pasting the data.

i) If good potential habitat for a species of interest is encountered, but due to season of survey, grazing impacts, or other disturbance it is impossible to identify properly, then the Contractor shall document where the habitat is, when a recheck is recommended, and which species they think may possibly be present. The GPS location of these areas shall be documented on the Field Survey Form. If it is just too early in season to properly identify a species, a second visit to the spot shall occur to search again and/or confirm the identification of an unknown potential species of interest.

Documentation of target species

WBP and WWP occurences will be documented using Field Field maps. For all other sensitive species: Full element occurrence reports are required for all other populations located more than 300 feet apart. See Attachment D Element Occurrence Form and Attachment E Element Occurrence Field Guide. The protocol, specifications, and instructions described in the User Field Guide for the R6 TES Plant Element Occurrence Field Form shall be used to document and map the full extent of the population. All fields with a ® (required) in the R6 TES Plant Element Occurrence Field Form need to be complete. However, some of the required fields and those fields with an ®* (conditionally required) may not need to be completed; these will be discussed at the pre-work meeting.

Relocation directions shall be detailed enough to ensure that the COR (and/or the designated inspector) can find the population without Contractor presence or without the use of GPS or flagging. Relocation directions shall include the nearest road junction, and any other details to assist relocation.

The outside boundaries of each site shall be marked with blue polka-dot plastic flagging on trees or shrubs. If no trees or shrubs are present, use brightly colored pin flags instead. The perimeter of the populations shall be flagged. These flags shall be hung close enough together that the perimeter can be easily seen and followed (genereally about every 100 feet).

For all non-WBP sites, one averaged GPS point in the center of the population is required. In addition, a polygon of the entire population (or a line for linear sites) shall be recorded. This data shall be tracked via recreational grade Garmin (or similar) GPS units. GPS points should have an accuracy of 25-ft. or better; the error distance shall also be recorded. Use of data point averaging is required for the center points. Alternatively, individual GPS points at the four cardinal directions may be recorded for sites smaller than 100 feet by 100 feet.

A voucher specimen shall be collected at each population (if there are more than thirty plants present). Each collection shall include enough material for two sheets of vouchers. The specimen shall be submitted to the COR (and/or the designated inspector) within eight calendar days of discovery. It shall be accompanied by a fully completed R6 TES Plant

Element Occurrence Field Form and digital photos of the occurrence. If the population size does not allow for collection, the COR (and/or the designated inspector) shall be provided with a completed R6 TES Plant Element Occurrence Field Form and digital photos within eight calendar days of discovery. This requirement may be waived after at least one population is confirmed by the COR when mulitiple populations of the same species are found.

Photos of each population to include shots close up enough to identify the species, and habitat shots that will help to relocate the population. Habitat shots must indicate the direction the photographer was facing when they took the photos. These photos shall be submitted as jpeg file type.

Documentation summary

a) Element Occurrence forms for each target species encountered (except WBP and WWP)

b) Field Maps: Completion of all required fields for WBP and WWP points (this will substitue for an Element Occurrence (EO) form)

c) GPS points for all target species

d) Field survey form for each subunit

e) Aerial photos with dense lodgepole stands and large 5 needle pine stands marked

f) Vouchers with appropriate labels corresponding to GPS points

g) Photographs of habitats for all subunits

h) Synced Field Maps

i) Completed project level summary report

Project level summary reports and documenation

A final report summarizing and detailing the findings of the project, as well as all survey forms and reports, shall be submitted both electronically and in hard copy form by October 31, 2024. However, a draft report shall be submitted to the COR (and/or the designated inspector) in time to allow for a minimum two week review and comment period prior to the final report due date. The final report and other documentation shall include the following information:

a) Title page: name and address of Contractor, date of report, and title

b) An overall summary of survey methods, including a table of unit numbers, survey date, and any target species found in each subunit.

c) A complete list, in Excel spreadsheet format, of all target species encountered in the survey units with their corresponding voucher numbers and photo labels.

d) Geospatial data for all survey tracks, and locations of species of interest shall be provided as shapefiles/feature classes or kml files.

e) Results of surveys by unit. All information listed on Attachment B Field Survey Form shall be provided digitally. This shall be in a format that allows cutting and pasting data.

f) Summary list of all voucher specimens and photographs. Appropriately documented vouchers (twigs): For WBP, each twig shall be labeled to correlate it with the voucher label name entered in field maps and its associated habitat photograph.

h) Digital photographs (as jpg files or uploaded to Field Maps) of target species

i) A final ‘sync’ of all data collected via Field Maps

Inspection/Government Quality Assurance

1. The COR (and/or the designated inspector) shall review the Contractor’s work for compliance with contract specifications, completeness and accuracy; however, the responsibility for specification compliance and inspection of work remains the Contractor’s. Failure of the Contractor to meet the specifications shall require prompt corrective action. Repeated failure to meet specifications may be cause for termination.

2. The Contractor shall notify the COR (and/or the designated inspector) when work commences and shall keep the COR (and/or the designated inspector) informed of any changes in the Contractor's work schedule. A specific request for inspection will not be needed.

3. The Contractor shall communicate (via phone, email, or in-person) with the Contracting Officer’s Representative (COR) and/or the designated inspector prior to pre-field review and planning to receive any additional information that may be useful for the pre-field review. The pre-work meeting date and fieldwork start date will also be determined at that time.

4. A pre-work meeting shall be held between the Contractor and the COR (and/or the designated inspector) before fieldwork commences. This will allow a review of the pre-field review and survey design. Any remaining government furnished materials will be provided at this meeting.

5. The Government may accompany the Contractor through the first area to be surveyed to establish field guidelines for survey and documentation. The Government may randomly inspect portions of the project areas. All areas inspected will be surveyed in the manner specified in the contract. The results of the inspector's survey will be compared with those of the Contractor. These results shall agree.

6. Following the first week of surveys, the Contractor shall provide survey and location documentation to the COR (and/or the designated inspector) upon request. This will allow for feedback and any clarifications early in the process.

7. Following the initial first week meeting, communications shall be held between the Contractor and the COR (and/or the designated inspector), at least once every two weeks, to discuss work completed to date. This communication may be done by email, telephone, or in-person. The Contractor may report more frequently if the situation warrants (when an important new find is discovered, or if there is a need for contract clarification). Any questions or problems shall be discussed at these meetings.

8. Field inspections will be performed to determine completeness and accuracy of locations of species of interest. If any occurrences of species of interest (including invasive species) are found, the Government should be able to clearly relocate occurrences. If occurrences are not documented in the field correctly, Contractor is responsible for re-flagging and documenting the site. Government survey results will be compared with those of the Contractor. These results shall agree.

9. All field survey work on this contract shall be accomplished by October 15, 2024. A final inspection shall be held before final payment is approved. The Contractor shall provide all deliverables as outlined in Project level summary reports and documentation. All Government Furnished Property shall be returned before final payment is approved.

10. The Contractor's work will be inspected prior to acceptance through field reviews, examination of survey and site documentation, and review of the final report. All reports and forms will be reviewed for completeness and legibility. Work that does not conform to the specifications will be judged unacceptable, and shall be corrected at no additional expense to the Government. If an inspection locates a species of interest population that was not found by the Contractor a resurvey of the work unit will be required.

11. A final inspection meeting between the Contractor and COR (and/or the designated inspector) shall be held before final payment is approved (this may be done by phone).

Final decisions concerning the technical phases of the work and its acceptance will rest with the Contracting Officer (CO).

Payments

Upon completion and acceptance of the Final Report and all other items listed, the Government will pay 100% of the proposal price for each item of the contracted work.

Measurement All unit acres are estimates, based upon GIS layers. The acreages were measured on the horizontal plane within the established boundaries.

Calculation of Payment

a. After inspection of completed acreage, forms, maps, voucher specimens, and final report, the Contracting Officer’s Representative (COR) will recommend payment.

b. The pay rate will be calculated by acre surveyed.

Final payment will be made on the basis of the number of acres satisfactorily completed as determined by the Contracting Officer’s Representative.

Notification of Subcontracting

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

a) The name, address and telephone number of the subcontractor

b) The date upon which the subcontract was entered into and its duration.

c) A detailed description of the work being subcontracted including a listing of contract items, unit, etc., as appropriate.

d) Documentation of the subcontractor’s representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontracting agreement shall contain all terms and conditions of the prime contract.

(vii) Project Area Locations and Access

All units are accessible from Ukiah (from the west) or Granite (from the east); Forest Road (FR) 10 is the main road between these two very small towns. The nearest developed campgrounds are Olive Lake (a popular recreation location) and Welch Creek. Opportunities for dispersed camping are also available. On all units, thickets of lodgepole regeneration are possible;

surveyors will not be expected to traverse extremely thick portions of units but will be asked to approximately map the perimeter of these very dense lodgepole areas. Binoculars are recommended.

Item 0001 - Unit 1 – Lost Lake to Summit Elevation ranges from 5,550’ near Lost Lake to 6,600’ near Summit Camp. Follow FR 10 to either Lost Lake Trailhead or Summit Camp Trailhead. On the north end, both Forest Road (FR) 020 and the Lost Lake trail provide access. Forest Road 020 is drivable by mid-sized SUV or similar from its junction with FR 45 until Lost Lake; FR 20 is unpassable by vehicle from Lost Lake heading east. The far south and east ends of this unit are accessible by FS Rd 400; FR 405 can be followed by foot. All survey areas are within Developed camping is available nearby at Olive Lake Campground; other dispersed camping opportunities are in the vicinity.

Documented sensitive plants in the area include Botrichyium pinnatum, Botryichium lanceolatum, and Helodium blandowii. The forest type here is a mixed conifer, “cold wet” forest type dominated by subalpine fir, lodgepole, and tamarack. Stringer meadows and special habitats are interspersed throughout the landscape.

Item 0002 - Unit 2 – Oasis to Basin This unit is divided into five subunits ranging in elevation from 5,200’-6,600’. Forest Road 1010, Bull Prairie Trail, and Battle Creek Trail provide access to the northern subunits.

From the north, the larger, southern unit can be accessed by the following route: from Road 10, travel south on FR 1007 several miles to FR 100 just north of the subunit. Alternatively, road 070 travels past Oasis Spring trailhead and provides access to the southern portions of the unit. FR 070 is drivable to its junction with Beeman Creek.

Forest types include cold wet (dominated by subalpine fir, lodgepole, and tamarack), dry to wet grand fir types, and lithosols, and grass/shrubland. Steep sections may require the use of binoculars to assess the possibility of Whitebark Pine; trees that may be PIAL but are difficult to reach for confirmation due to steep slopes may be documented using the ‘unknown 5-needle pine’ selection in Field Maps.

Item 0003 - Unit 3 – Howard Creek to Olive This unit is divided into several subunits ranging in elevation from 5,200’-6,600’. The southern subunits, near Desolation Guard Station and Olive Lake, are all within ½ mi of roads 10 or 1010. The subunits just north of Skinner-Diggins trailhead are accessible via the Skinner Diggins Trail or by walking Forest Roads 020, 010, and 011. The northwest subunit, near Howard Creek, is accessible from the Howard Creek trail or FR 10, though access via the trail offers a gentler incline; it has a maximum distance of one mile from either road or trail.

Forest types include cold wet (dominated by subalpine fir, lodgepole, and tamarack) and dry to wet grand fir; these are interspersed with stringer meadows, grasslands, and lithosols.

General Access Information See the Battle Bruin Vicinity Map (Attachment A) to see the general location of the area.

Survey areas are not physically identified on the ground. Many of them are bounded by elevational gradient, cattle fencing, or differing forest stand conditions. Detailed geo-referenced maps with detailed road and trail information status and aerial imagery will be provided to the successful bidder. Electronic shapefiles, and georeferenced PDF maps of survey units shall also be provided.

Field surveys shall be conducted on Forest Service lands within the delineated boundaries of the National Forests. All work areas may be reached by driving on open Forest Service roads, motorized trails, or by walking on closed roads, trails, and cross country. Walking distances to reach units will vary within the project areas. Most units are generally within one mile of an open road. Areas not adjacent to open roads can be reached by hiking on recreational trails. Walking distances will be considered incidental to the work and no additional payment will be made. The Government will not provide special maintenance (such as clearing of down trees) or snowplowing to keep roads open. More detailed maps with road and trail numbers will be provided to the successful quoter.

(viii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023) (Provision)

Addenda to provision 52.212-1:

(Contracting Officers should indicate any changes or additions to provision 52.212-1 here. Instructions for preparing technical proposals that address the factors in 52.212-2 and submitting an offer can be included here.)

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

1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/

2) Offers submitted in response to this solicitation shall include a technical proposal, a price proposal, and contractor representations and certifications.

a) Technical Proposal – The technical proposal shall address the evaluation factors in 52.212-2. At a minimum technical proposal shall include:

i) Past Performance – provide a list of similar projects completed by your firm over the past three years. Include a brief description of the project, dollar amount, year completed, and project owner contact information (name, phone, and email). The government may use past performance information from any available source. If a company does not have past performance information available, information may be provided for predecessor companies, key personnel, or subcontractors. In the event that https://www.sam.gov/SAM/ there is no past performance information available, the offeror will receive a neutral rating in this factor.

ii) Technical Capability – Provide a list of equipment and key personnel (with qualifications) that will be used to complete this project.

b) Price Proposal – Include the following: 1) the completed Schedule of Items from page 1 of this solicitation, and 2) acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment(s).

c) Representations and Certifications – Fill in the check boxes for provision 52.212-3.

3) Submit offer by email to Margaret.Fowler@usda.gov so that it is delivered into this inbox by 3:00pm/1500hrs EST on Wednesday, 5 June 2024. Emails should contain 3 separate attachments (Technical Proposal, Price Proposal, and Representations and Certifications) in Microsoft Word or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer from Maggie Fowler.

4) Address questions about this solicitation to Maggie Fowler at Margaret.Fowler@usda.gov.

Addenda to Provision 52.212-1 paragraph (f) Late submissions:

Replace (f)(2)(i) with the following:

Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. Delete 52.212-(f)(2)(i) paragraphs A, B, C.

(ix) 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) (Provision)

(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:

1) Technical Proposal is viewed as:

a) Past Performance – provide a list of similar projects completed by your firm over the past three years. Include a brief description of the project, dollar amount, year completed, and project owner contact information (name, phone, and email). The mailto:Margaret.Fowler@usda.gov mailto:Margaret.Fowler@usda.gov government may use past performance information from any available source. If a company does not have past performance information available, information may be provided for predecessor companies, key personnel, or subcontractors. In the event there is no past performance information available, the offeror will receive a neutral rating in this factor.

b) Technical Capability – Provide a list of equipment and key personnel (with qualifications) that will be used to complete this project.

2) Price.

Quotes will be evaluated based on best value to the Government. To provide the best value to the Government, award under this procurement will consider Technical Capability and Price. Quoters must respond to all the factors as described above. Award will be made to the contractors that provide the greatest overall benefit in response to the requirements of this solicitation.

The Government may use information available, including the knowledge of Government employees, in the evaluation of quotes/proposals. The Government may reject any or all quotes, award to other than the lowest quote, and waive minor informalities or irregularities in quotes received. If necessary, the Government may conduct discussions with any or all quoters.

Quotes/proposals shall be submitted in two parts – a technical proposal and a price quote.

Each part shall be separate and complete so that evaluation of one may be accomplished independently from evaluation of the other. The technical proposal must not contain reference to cost/price.

Quoters should submit the proposals/quotes in the following format and quantities:

1 copy of the completed, signed combined synopsis/solicitation 1 copy of the technical proposal 1 copy of the price proposal/quote

The technical proposal and all its sub factors when combined, are more important than price.

(b) 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.

(x) Representations and Certifications (complete highlighted items in this section and return with your offer)

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Provision)

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 Products or Commercial Services. 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.

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (FEB 2024) (DEVIATION NOV 2022) (Provision)

[If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:]

(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 ______________.

DEVIATION NOV 2022] Offerors that are representing as joint ventures should submit their socio-economic status in the space provided above until such time that SAM.gov has been updated to include the joint venture representations contained within provision 52.212-3 paragraph (c).

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.]

file:///C:%5CUsers%5Cmelissaajohnson%5CDownloads%5C(DEVIATION%20NOV%202022)%20%E2%80%93%20Offerors%20that%20are%20representing%20as%20joint%20ventures%20should%20submit%20their%20socio-economic%20status%20in%20the%20space%20provided%20above%20until%20such%20time%20that%20SAM.gov%20has%20been%20updated%20to%20include%20the%20joint%20venture%20representations%20contained%20within http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876 https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

(xi) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2023)

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (FEB 2024)

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

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

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

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

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) (31 U.S.C.3903 and 10 U.S.C. 3801)

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

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

[Contracting Officer check as appropriate.] ☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with

Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☐ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (Whistleblower Guidance to Contractor Employees)

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

☐ (6) [Reserved].

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

☐ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

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

☐ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition. (Dec 2023) (Pub. L. 115-390, title II) ☐ (ii) Alternate I (Dec 2023) of 52.204-30.

☒…