Audio/Visual Equipment and installation in Palmetto, FL
(I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Quotes are being requested and a written solicitation will not be issued.
(ii) This solicitation number 12639523Q0050 is being issued as a, request for quotation (RFQ)
(iii) In accordance with Federal Acquisition Regulation (FAR) clause 52.252-2 The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular. Applicable FAR clauses are incorporated by reference and may be viewed on the following website (s)
https://www.acquisition.gov/
https://www.dm.usda.gov/procurement/policy/agar_x/agar02/subchaph.html
(iv) This requirement is being issued as a Small Business Set set-aside in accordance with Federal Acquisition Regulation (FAR) 52.219-6. In accordance with Agricultural Acquisition Regulation ( AGAR )452.219-70 Size Standard and NAICS Code Information :
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 listed below:
NAICS 517121 Telecommunications Resellers
Size Standard 1,500 Employees
(v) Item Description
Audio/Visual Equipment and installation in Palmetto, FL. Pricing shall include all costs necessary to accomplish the services in the statement of work (including but not limited to: overhead, general and administrative, profit, insurance, transportation, labor hours, equipment and supplies)
See Site Plans in Attachment_2
In accordance with Federal Acquisition Regulation/Provision 52.237-1 - Site Visit. (Apr 1984);
Interested parties are urged and expected to inspect the site where work is to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.
Site visits are at the discretion of the facility and are by appointment only. Proper government issued identification is required.
Please contact the following individual(s) at the facility to find out what days they will be receiving vendors so that the proper security arrangements may be made.
Abbie Fox
Director FFED/USDA, APHIS, PPQ
1724 20th St. E.
Palmetto, FL. 34221
941 723-8911 office
941 650-3598 mobile
Email: abbie.j.fox@usda.gov
Pete Belisle
Facility Manager, Florida and Puerto Rico
USDA, APHIS, PPQ, Field Operations
1724 20th Street E. Palmetto, FL. 34221
Tel No: (305) 278-4910
Cell No: (786) 472-0158
Email: pete.belisle@aphis.usda.gov
The USDA/APHIS/PPQ/FFED / facility in Palmetto FL is a secure facility. Contractors must be escorted at all times while on site. Contractors must provide photo ID and sign in/sign out when entering/leaving the facilities at all times.
The entry of privately owned vehicles into USDA/APHIS/PPQ/FFED requires a valid State Driver’s License.
The vendor shall assure that applicants are prescreened for background, drug use, etc. and may be asked to provide documentation thereof.
USDA/APHIS/PPQ/FFED is a drug/weapons free workplace.
Please check with your local Point of Contact regarding what COVID -19 Government Protocols are now in place at this Facility.
(vi) Description of Requirement:
Project Background:
Existing Conference Room is unequipped with Audio Video Conferencing and training capabilities. SOW is to provide such capabilities to the Conference Room.
Project Description:
This Statement of Work (SOW) is to provide Audio Video Capabilities to (one) Conference Room.
Selected Contractor to provide a fully functional Video Conferencing and Presentation system with following capabilities:
Users will be able to make Video Calls utilizing USDA or DPI provided dedicated PC’s.
Contractor to provide and install a Video Camera. Type and model to be selected by APHIS upon acceptance of submittals.
Contractor to provide and install (three) 85” Commercial Grade TV Monitors., Type and model to be selected by APHIS upon acceptance of submittals
Additionally, the contractor is to provide and install a Remote Control with Pan, Tilt and Zoom Functions (two) Ceiling Mounted Microphones routed to (four) ceiling mounted speakers and an HDMI input for connection ( Two) Pair of EXTRON FF 220T Full Range Flat Field Speakers with Low Profile Enclosure 70/100 V Tran. Or suitable substitute / Equivalent)
System Programming is to be included.as well as all Cabling, Hardware and equipment.
Project Data:
If available, as-built or record drawings e.g. site plan, aerial photo of site, etc. shall be provided to the contractor. The following information and design criteria are also available for the Contractor’s use and compliance:
USDA Facilities Design Standards, ARS 242-01M
http://www.afm.ars.usda.gov/ppweb/PDF/242-01M.pdf
APHIS Environmental Protection Program:
http://inside.aphis.usda.gov/mrpbs/publications/ep_manual/downloads/environmental_protection_program.pdf
Preferred Bio-based Products.
http://www.biopreferred.gov/ProductCategories.aspx
Recommended Recycled-Content Construction Material. http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm#construct
“Designated Green Products for Federal Procurement.” www.doi.gov/greening/procurement/All%20Green%20Products.xls
“USDA Green Purchasing Affirmative Procurement Program.” http://greening.usda.gov/gpapp08.pdf
SCOPE OF CONTRACTOR SERVICES: Specific Contractor services to be provided under this task order are summarized below.
General: Prior to the start of construction, Contractor shall submit for review and approval drawing submittal(s) for all proposed work including manufacturers’ catalog cut-sheets for all materials. Construction drawings and specifications should show all proposed work items. Submittals shall meet the requirements of section 6.0 “Project Submittals.” Construction drawings shall meet the requirements of paragraph 4.3 “Compliance with Building Codes.”
Contractor shall pull all applicable permits prior to the start of construction. The contractor shall adhere to the latest editions of National Codes and regulations, and federal, state, and local laws including, but not limited to, the following:
International Building, Plumbing and Mechanical Codes
National Fire Protection Code (NFPA)
National Standard Plumbing Code
National Electrical Code (NEC)
National Life Safety Code
OSHA Regulations
Americans with Disabilities Act (ADA)
Uniform Federal Accessibility Standards
Environmental Protection Agency (EPA)
National Earthquake Hazardous Reduction Program (NEHRP) provisions for seismic requirements in new buildings
USDA Facilities Design Standards - ARS 242-01M
Pre-design Phase/Contractor Services: The Contractor shall provide all services necessary to execute the SOW including but not limited to the following tasks marked by an “X”.
[ ] Pre-Fee meeting to determine Contractor resources required
[ ] Interview meetings with end-users and record meeting minutes
[X] Field investigate site conditions
[X] Identify potential environmental issues
[X] Space programming and conceptual floor plans
[ ] Structural seismic evaluation
[ ] NEPA documentation
[ ] Operating cost model - of the projected energy (i.e. gas, water, electricity, etc.) maintenance (including anticipated staffing needs), and other applicable operating costs associated with the proposed facility. Analyses shall be based on projects in the surrounding area of similar construction, square footage and operations, etc.
[ ] Order or magnitude project cost estimate including construction costs and all soft costs - design, environmental assessment, permitting, inspection services/contract administration and designer of record services during construction. An estimated total project cost shall be prepared for each option.
PROJECT REQUIREMENTS:
Field Investigation and Site Survey: The Contractor shall coordinate with the PM and PPM and inform the CO and EPM of all scheduled site investigations. Contractor shall investigate proposed construction site to ascertain project boundaries, site conditions prior to construction. Contractor shall evaluate capacity of site utility systems to support the proposed construction and any equipment installations.
Compliance with Building Codes: In accordance with Public Law 100-678, Federal Agencies must comply with National Building Codes, Local Building Codes, and Zoning Ordinances. The Contractor shall comply with the appropriate statutes governing the signing and sealing of engineering reports and drawings. Project design shall comply with USDA Facilities Design Standards provided in paragraph 1.4 “Project Data.”
Coordination with Local Building Officials: Public Law 100-678 requires Federal Agencies to offer Local Building Officials the opportunity to review projects for code conformance. The design effort must include coordination efforts with the Local Building Officials including Officials at the Airport, Military Base, etc. The federal Government will not pay for reviews but is amendable on a case-by-case basis. If the code authority declines to review the project without payment, the Contractor shall document the effort was made to coordinate with the code authority, but that they declined the offer. If the code authority chooses to review the design without payment, the Contractor shall coordinate all project submissions with the local code authorities.
Code Analysis: The Contractor shall submit a code analysis indicating compliance with applicable codes including environmental regulations and permitting requirements.
Electronic Files: Drawings related to this effort will be prepared using computer aided design and drafting (CADD), AutoCAD for Windows, and will be in .DWG files. Electronic and hard copy formats of the drawings and specifications will be provided to USDA.
Construction Submittal Register: The Contractor will provide an electronic copy of the submittal register to the Government. The submittal register shall list all submittals required, including construction drawings/specifications, product data, samples, test results, certificates, operation and maintenance (O&M) manuals, warranties, start of warranties, and length of warranties.
Cost Estimates: The cost estimates shall include all associated parts of the repair such as subcontractor overhead and profit, contingencies, general requirements, etc.
Meeting Minutes: The Contractor shall document and distribute all project meeting minutes. Include a copy of all meeting minutes in each progress submission. The meeting minutes need only record the date, time, location, attendees, major issues discussed, and conclusions reached.
PROJECT SUBMITTAL SCHEDULE:
The project submittal schedule: The Contractor shall provide the CO/COR with a proposed schedule for all tasks.
Any request for time extensions or other deviations from this schedule must be submitted to the CO in writing. Each request must include specific and detailed reasons in support of the scheduled alterations. Only the CO can approve time extensions or other changes to the contract/task order provisions. Approvals for deviations will be at the discretion of the CO.
Within 15 calendar days after the award of the task order, the Contractor will provide the CO with a proposed schedule (subject to negotiation) of actual dates in bar chart format for individual submittals and Government review time. The schedule provided must indicate project requirements for each submission and review stage. Schedule shall establish contract time requirements for meeting contract submissions and construction deadlines. The number of days indicates the time duration to complete a task upon completion of the preceding task. The Government requires a minimum of 14 calendar days to review.
c) Contractor shall submit design progress drawings and specifications in accordance with the submittal schedule for each design discipline. Each submission shall include drawings, specifications, and itemized construction costs that represent the design stage. All details, elevations, sections, diagrams, etc. shall be included as required to fully develop the proposed work. Drawings shall be completely noted and fully dimensioned. Specifications shall be typed in final format with all provisions included. It is expected that the Contractor will use professional judgment in determining that a sufficient amount of information is included in each submittal to enable the Government to perform a thorough review.
Schedule for Proposed Tasks
Estimated Start Date Work
Date to Start Work
Field Investigation and Site Survey
Shop Drawings/Cut Sheet Submittal Specifications/Product Data Sheets
Government Review
Repair Work
Final Documentation Turnover/Redline Drawing Submittal (Construction Drawings/Specifications/warranties
Total estimation of days needed to complete project
FINAL DOCUMENT TURNOVER:
All warranty, data sheets, soil boring reports, calculations, etc. shall be submitted within twenty (20) days of project completion. Contractor shall coordinate with the Government the format for the project closeout data.
(vii) Location:
USDA APHIS PPQ
1724 20th Street E.
Palmetto, Florida 34221
PLEASE CHECK location address and be sure transportation cost is feasible. There will be no reimbursement for transportation or communication costs for this location.
For Invoice Processing and Payment.
Net 15dys ARO
in accordance with OMB Dated 06/07/2012 Accelerating Payments to Small Businesses for Goods and Services
USDA uses the Invoice Processing Platform (IPP) for electronic submission and tracking of purchase orders, invoices, and payment information to its suppliers of goods and services: Enroll at https://ipp.gov. The IPP is a government-wide secure web-based invoice processing service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s Financial Management Service (FMS).
Upon contract award, you will receive a notification of your one-time enrollment requirement in an automatic invoice payment notification system available through IPP. This one-time enrollment in IPP means that you will receive a series of e-mails from Treasury services.
Contractors must submit invoices and attach all supporting documentation as required within 5 business days of completion of services provided. Supporting documentation include ,for example; maintenance inspection checklist, timecard for labor, travel receipts etc.. The COTR will review the supporting documents before approving invoices in IPP, if supporting documentation is not provided the invoice will be rejected. IPP will issue a notification to contractor that they must submit supporting documentation and resubmit the invoice.
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/
IPP is a secure, web-based system that manages government invoicing.
(viii) 52.212‐1 Instructions to Offerors – Commercial Items, is replaced in its entirety See Attachment_1.
(ix) Evaluation:
Evaluation will be in accordance with Federal Acquisition Regulation sub parts 13.106-1 and 13.106-2
FAR 13.106-1(2) States that the Government will award a contract resulting from this solicitation to the responsible Quoter whose Quote conforming to the solicitation will be the “Best Value” and most advantageous to the Government.
In accordance with FAR FAR 13.106-2 (b) the following are the factors to be considered:
Price Price Sheet with description and pricing breakdown (In accordance with Statement of Work (vi) Project Description)
Product(s) Offered (under (vi) Product Description)
Project Schedule (under (vi) Proposed Schedule for Construction Services)
Warranty of Products and work
Past Performance
Past performance may also be based on government info in the Governmentwide Federal Awardee Performance and Integrity Information System (FAPIIS). In the case of a quoter with no past performance, this factor will not be evaluated favorably or unfavorably. The contracting officer’s or USDA/APHIS/PPQ Program’s knowledge of, and previous experience with the services being acquired may also be considered
Performance References
On a separate sheet(s) Please provide up to 3 recent references for past or current projects (including Federal, State, and local government and private) for efforts similar in size and scope to this solicitation requirement. References listed must be available to respond to inquiries if contacted and the following information must be provided to be considered:
Contract/Reference Number
Company/Entity Name
Point of Contact Name, title, phone number, email
Description – Please identify any problems encountered on the contract and what corrective actions were taken.
(x) Provision at 52.212-3 Representations and Certifications—Commercial Items applies to this solicitation and is to be completed online at www.sam.gov
(xi) The clause at 52.212-4 Contract Terms and Conditions—Commercial Items, applies to this acquisition.
Inspection and acceptance is in accordance with FAR Clause 52.212-4(a)
(xii) The following clause at 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. (OCT 2022), applies to this acquisition.
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (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.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
__ (10) [Reserved].
__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).
__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
__ (13) [Reserved]
X (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
(16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Sep 2021) of 52.219-9.
__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).
__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).
X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Oct 2022) ( 15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).
X (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).
X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
(31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
(33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
X (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
__ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).
__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
X __ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
(48) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Oct 2022) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (Jan 2021) of 52.225-3.
__ (iii) Alternate II (Jan 2021) of 52.225-3.
__ (iv) Alternate III (Jan 2021) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (Oct 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).
X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).
(59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).
__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).
__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
The following clauses and provisions also apply to this acquisition
FAR Clause 52.252-2 Clauses Incorporated by Reference. (FEB 1998)
FAR Clause 52.204-13, System for Award Management Maintenance (Oct 2018)
FAR Clause 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)
FAR Clause 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (Nov 2021)
FAR Clause 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021)
FAR Clause 52.212-4 Contract Terms and Conditions—Commercial Items. (NOV 2021)
FAR Clause 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Nov 2021)
FAR Clause 52.223-99 Ensuring Adequate COVID -19 Safety Protocols for Federal Contractors (OCT 2021) (DEVIATION)
FAR Clause 52.237-2 - Protection of Government Buildings, Equipment, and Vegetation. (Apr 1984)FAR
AGAR Clause 452.204-70 Modification for Contract Closeout. (JULY 2022)
FAR Provision 52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998)
FAR Provision 52.212-3 Offeror Representations and Certifications—Commercial Items. (Oct 2018)
FAR Provision 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Dec 2019)
FAR Provision Federal Acquisition Regulation/Provision 52.237-1 - Site Visit. (Apr 1984)
(xiii) Additional Contract Requirements or Warranty
Warranty
Implied Warranty - The Government’s post award rights contained in 52.212-4 are the implied warranty of merchantability, the implied warranty of fitness for particular purpose and the remedies contained in the acceptance paragraph.
Additional Warranty - : Explain all details of the warranty. If an extended warranty is available explain details of extended warranty including price and availability after initial warranty expires. The Quoter shall extend to the Government the full coverage of any standard commercial warranty normally Quoted in a similar commercial sale, provided such warranty is available at no additional cost to the Government. Acceptance of the standard commercial warranty does not waive the Government's rights under the Inspection clause nor does it limit the Government's right with regard to the other terms and conditions of this contract. In the event of a conflict, the terms and conditions of the contract shall take precedence over the standard commercial warranty. The contractor shall provide a copy of its standard commercial warranty (if applicable) with this response.
(xiv) There is no Defense Priority Allocation for this requirement.
(xv) The date, time and place quotes are due:
February 15, by 4:pm (MST)
Please submit quote package via Email only to Contracting Officer Carol Dingess: carol.dingess@usda.gov
Please include solicitation number 12639523Q0050 on email subject line
Questions are due to no later than 01/31/2023
(xvi) The name and telephone number of the individual to contact for information regarding this RFQ is the same as item (xv)
12639523Q0050 Department of Agriculture Animal and Plant Health Inspection Service Marketing and Regulatory Programs Business Services
1/10/23, 6:25 PM