12405B23Q0195_Combined Synopsis Solicitation_Waterfowl Isolators.pdf

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Pursuant to Federal Acquisition Regulation (FAR) 12.603(a), the Contracting Officer is issuing a combined synopsis/solicitation for the acquisition of waterfowl isolators in support of the USDA, ARS, Poultry

Research Center located in Athens, Georgia.

(i) This is a combined synopsis/solicitation for the acquisition of commercial products prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

quotations are being requested and a written solicitation will not be issued.

(ii) Solicitation Number 12405B23Q0195 is being issued as a Request for Quotation (RFQ). This solicitation will utilize the policies contained in FAR Part 12 in conjunction with the policies and procedures for solicitation evaluation and award prescribed in FAR Part 13, Simplified

Acquisition Procedures, as appropriate for this acquisition.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02 effective February 14, 2023.

(iv) This solicitation is being issued as a 100% total small business set-aside. The NAICS associated with this solicitation is 332999, All Other Miscellaneous Fabricated Metal Product

Manufacturing, with a size standard of 750 Employees.

(v) See the attached Statement of Work (SOW) for detailed requirements (Attachment 1).

(vi) The products to be acquired through this combined synopsis/solicitation are fabricated waterfowl isolators to support the Poultry Research Center in Athens, Georgia.

(vii) Performance location is detailed in the attached SOW (Attachment 1).

(viii) FAR Provision 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition.

Potential offerors shall read and comply with all of the requirements.

(ix) Basis for Award: This is a competitive best value (Lowest Price Technically Acceptable) source selection. To be eligible for award, the offeror must be deemed responsible in accordance with FAR 9.104; provide all documentation/information required in the instruction section of this solicitation, meet all requirements of the solicitation and conform to all required terms and conditions. Failure to comply with the terms and conditions of the solicitation may result in the offeror being ineligible for award. The Government seeks to award to the offeror who provides the best value (lowest price technical acceptable) in meeting the requirements.

(x) Offerors shall include a completed copy of FAR Provision 52.212-3, Offeror Representations and Certifications – Commercial Items, with their quotation.

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(xi) FAR Clause 52.212-4, Contract Terms and Conditions – Commercial Items applies to this acquisition. See Attachment 2 for FAR reference.

(xii) FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders – Commercial Items, applies to this acquisition. See Attachment 2, FAR Clause

52.212-5 for additional information.

(xiii) Additional clauses that apply to this acquisition are provided at Attachment 2. These clauses will be incorporated into the successful offerors’ contract award. Additional provisions that apply to this acquisition are provided at Attachment 3. These provisions are incorporated into this solicitation but will not be incorporated into the successful offerors’ contract award.

(xiv) The Defense Priorities and Allocations System (DPAS) does not apply to this acquisition.

(xv) Quotations are due no later than Thursday, May 11, 2023, by 3:00 p.m. Mountain Time.

Quotations must be submitted via electronic mail to the point of contact listed below in section

(xvi).

Interested parties may submit questions relating to this solicitation via electronic mail to the point of contact listed in section (xvi) and are due no later than Friday, April 21, 2023, by 3:00 p.m. Mountain Time.

(xvi) The following individual is the point of contact for this combined synopsis/solicitation.

Frank Palmer

Contract Specialist

Department of Agriculture

Agricultural Research Service frank.palmer@usda.gov

The following attachments are hereby incorporated into this combined synopsis/solicitation:

Attachment 1 - Statement of Work

Attachment 2 - Clauses

Attachment 3 – Provisions

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Attachment 1 - Statement of Work

Waterfowl Isolators

United States Department of Agriculture (USDA)

Poultry Research Center

1.0 Introduction

1.1 The Agricultural Research Service (ARS) is the U.S. Department of Agriculture's chief scientific in-house research agency with the mission to deliver scientific solutions to national and global agricultural challenges. The ARS has been tasked to find solutions to agricultural problems that affect

Americans every day from field to table. The ARS delivers cutting-edge, scientific tools and innovative solutions for American farmers, producers, industry, and communities to support the nourishment and well-being of all people; sustain our nation’s agroecosystems and natural resources; and ensure the economic competitiveness and excellence of our agriculture.

1.2 The USDA, ARS, Poultry Research Center, located in Athens, Georgia, has a requirement for the fabrication of 20 waterfowl isolators in accordance with the following requirements.

2.0 Objectives

2.1 This requirement is for the fabrication of 20 waterfowl isolators in support of the USDA, ARS, Poultry Research Center located in Athens, Georgia.

2.2 The waterfowl isolators must be fabricated in accordance with the following requirements.

3.0 Requirements

3.1 Material

3.1.1 All material used for the isolator must be made of stainless steel.

3.1.2 All gaskets, barriers and other equipment must be airtight.

3.1.3 Any windows or light-admitting panels must be of suitable plastic.

3.2 Size and arrangement of isolators

3.2.1 Isolators to be supplied must be single isolator on a stainless-steel metal rack with locking casters (that can withstand cleaning and disinfection without corrosion) to allow the rack to easily move for cleaning or repair.

3.2.2 Each unit must have a poly tank mounted that will hold the entire contents of unit when washed down for disinfecting of excrement.

3.2.3 Total size of isolators with fan motors, filters and all attachments, and stand must be approximately 45" wide by 30" deep by 85" high (1.14m wide by 0.76m deep by 2.16m high.

3.2.4 Isolator box interior dimensions must be approximately 42" wide by 24" deep (0.91m wide by

0.61m deep), with a height of 31.5" (0.80m) above the floor level.

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3.2.5 The bottom of the unit must be sloped to facilitate washdown to the center of the floor to a minimum 4” diameter opening with external valve and connection to a sloped floor poly tank mounted under the isolator.

3.2.6 The poly tank must have a 4” gated flush valve to remove contents as well as an access opening to introduce disinfecting agents.

3.2.7 Wash down must be provided by spray nozzles mounted inside the unit and wash down hose with a separate water connection from the drinkers.

3.3 Arrangement and accessibility

3.3.1 The front must be hinged and be gasketed with a water- impermeable, synthetic material to maintain air-tight barrier integrity.

3.3.2 Within the front panel there must be a door for accessing the animal compartment. Doors must have stainless steel hinges. Doors must open down.

3.3.3 Inside of front cover a stainless-steel metal wire screen with a spring-loaded flap door the same size of the outer door (bird-access) opening, and in line with it.

3.3.4 The screen must be easily removable for cleaning but should be secured to prevent shifting during use.

3.3.5 Front panel and door must be a clear plastic such as Lexan® that will remain clear after exposure to disinfection chemicals.

3.3.6 All doors and windows must prevent ingress of outside air when properly latched.

3.3.7 Doors and openings must be constructed so that excess material does not build up between exterior door and feed tray.

3.3.8 Side panels have a majority of the area made of translucent, light-admitting.

3.3.9 The floor must have a suspended plastic flooring designed for poultry and made from a material which is not damaged by disinfectants, of approximately 1" (2.54cm) square mesh that separates the upper area (bird housing) and the lower area (contains bird excrement).

3.3.10 The grate must be removable. The grate must be sufficient to fully support the weight of the birds occupying the isolator without bending. This would be equivalent to 25 pounds (11.3kg) evenly spread across the floor. Flooring grate should be secured so as not to shift during use.

3.3.11 The floor must be removable for cleaning.

3.3.12 Door latches and other surfaces must be snag- and be of stainless-steel construction.

3.3.13 Electronic controls, sensors, and other utilities must be easily disconnected for maintenance and cleaning and be accessible from the front side of the unit assembly.

3.4 Ventilation and Heating

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3.4.1 Heat must be provided by an electric coil heater bar or similar source (determined by customer to meet other units heat solution), integral to the unit and be controlled by a digital thermostat that displays the current isolator temperature.

3.4.2 Temperature must be controllable between room temperature and 95°F (35°C) within +/- 4°F

(+/-2°C) at a normal room temperature of 75°F (24°C).

3.4.3 A thermometer must be provided such that the interior temperature at bird level can be read from the front of the isolator.

3.4.4 The heater unit must be removable, with a removable plate that holds all the necessary cabling and seals. The hole through which the cabling passes shall be at least 7.6cm by 12.7cm (3 in. by 5 in.)

and should be located as close to the center of the top as possible.

3.4.5 A blank plate must be provided to cover this hole when the heater is not used, and the heating unit is removed.

3.4.6 Isolators must have pre-filters and HEPA filters on the intake and exhaust ports. Pre-filters on the intake and exhaust ports shall be easily changed from the exterior of the unit.

3.4.7 Air movement must be by way of a ventilator fan on the exhaust side, providing an air exchange rate of at least 15 times per hour, with a variable speed drive for adjustment.

3.4.8 The isolator must operate at a pressure differential that is negative with respect to the room pressure. Pressure differential shall be shown by means of a Magnehelic gauge or equivalent.

3.5 Feed and Water Supply

3.5.1 Feed supply tubes or equipment must be accessible top and bottom, but not be located within the door.

3.5.2 Feed must be delivered to the middle of the feed bin.

3.5.3 The port for the feed must be at least 1.5 inches in diameter and angled to allow access from the front of the isolator.

3.5.4 The feed port must not have sharp angles.

3.5.5 Feed bins must have a metal screen (approximately 0.5" mesh) on the top to prevent birds from entering the feed bin. That can be removed for cleaning.

3.5.6 Feed bins must be clear or have a window of sufficient size on the side so that the level of feed in the bin can be easily ascertained.

3.5.7 Feed bins must be against the side of the enclosure such that birds cannot go between the feeder and the wall. Feed bin shall extend the full depth of one side (approximately 23”) and be 3” wide. Feed bin should be as tall as possible, but still allow supply tube to drop in middle of the feed bin.

3.5.8 Water must be provided by disc drinkers.

3.5.9 All water piping must be of food-grade.

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3.5.10 Watering equipment must be mounted on the center of the side wall.

3.5.11 Drinkers must be made of durable material.

3.5.12 Drinker water must be supplied by separate connection from wash down water.

3.5.13 The height of feed and water sources must be adjustable and made such that they are secure and will not move due to activity of the birds or due to slippage of the mount or adjustment hardware. Water slides must be constructed so as to NOT entrap birds.

3.6 Other Considerations

3.6.1 Materials used in the construction of the isolators and stands must be resistant to corrosion or other detrimental effects resulting from exposure to various decontamination and cleaning chemicals.

3.6.2 Electronic controls, sensors, and other utilities must be easily disconnected for maintenance and cleaning and be located on the front or on the side at the front of the unit. Side mounted attachments cannot protrude beyond the rack.

3.6.3 All inlet and exhaust ports must have the ability to adapt the unit to a ducted air supply or exhaust.

4.0 Period of Performance

4.1 Delivery and Installation shall be completed within 180 days After Receipt of Order (ARO).

5.0 Inspection and Acceptance

5.1 All inspections shall be performed by the assigned Contracting Officers Representative.

End of Statement of Work

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Attachment 2 – Clauses

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov, https://www.acquisition.gov/agar

52.201-1 Definitions (JUN 2020)

52.203-3 Gratuities (APR 1984)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (Jun 2020)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities. (NOV 2021)

52.212-4 Contract Terms and Conditions - Commercial Items (Nov 2021)

52.223-1 Biobased Product Certification (May 2012)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

(Sept 2013)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.242-15 Stop-Work Order (AUG 1989)

52.244-6 Subcontracts for Commercial Products and Commercial Services (Jan 2022)

52.247-34 F.O.B Destination (Nov 1991)

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52.249-8 Default (Fixed-Price Supply and Service) (APR 1984)

(End Clauses by Reference)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-

Commercial Products and Commercial Services. (DEC 2022)

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

(1)52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2)52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3)52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (Aug2020) (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:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I

(Oct 1995) (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)).

_X_ (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].

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__ (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) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar

2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (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 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (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 (Jun 2020) 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.

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__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637(a)(14)).

__ (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 (Sep 2021) (15

U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Representation (Sep 2021) (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 (Sep 2021) (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 (Sep 2021) (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.

_X_ (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).

_X_ (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).

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__ (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 items as prescribed in 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 (Jun 2014) of 52.223-14.

_X_ (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 (Jun 2016) (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.

_X_ (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021)(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, 12405B23Q0195_Waterfowl Isolators Page 12 of 36

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.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (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 (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (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.

Appx. 1241(b) and 10 U.S.C. 2631).

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

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__ (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 items:

_X_ (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).

_X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (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

12405B23Q0195_Waterfowl Isolators Page 14 of 36 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 items. 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 (Jul 2018) (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 2018) (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 (May2014) (41 U.S.C. chapter

67).

(End of clause)

12405B23Q0195_Waterfowl Isolators Page 15 of 36

FAR 52.252-6 – Authorized Deviations in Clauses

As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert “(DEVIATION)” after the date of the clause:

Authorized Deviations in Clauses (Apr 1984)

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

(b)The use in this solicitation or contract of any Department of the Agriculture Acquisition Regulation

(48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

AGAR Clauses

452.211-74 Period of Performance (Feb 1988)

Delivery must be within 180 days After Receipt of Order (ARO).

452.246-70 Inspection and Acceptance (Feb 1988)

(a) The Contracting Officer or the Contract Officer’s duly authorized representative will inspect and accept supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at delivery location (FOB Destination).

United States Department of Agriculture

Poultry Research Center

934 College Station Rd.

Athens, GA 30605

Invoices: To invoice, a vendor must first enroll in the Invoice Processing Platform (IPP) by visiting https://www.ipp.gov/vendors/index.htm. Once enrolled, all invoices must be submitted electronically through IPP. The IPP is a government-wide secure web-based payment information service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s Financial Management Service (FMS).

http://www.ipp.gov/vendors/index.htm http://www.ipp.gov/vendors/index.htm

12405B23Q0195_Waterfowl Isolators Page 16 of 36

One-time enrollment in IPP means that you will receive a series of e-mails from Treasury services. The first email will have the IPP Logon ID and link to the IPP application. A second e-mail, containing the password will be sent within 24 hours. Once you receive these emails, please login to the IPP application and complete the registration process.

Benefits of registering with IPP include the ability for your company to create invoices directly from a contract award and submit them electronically, as well as:

• E-mail notification when invoice(s) are paid.

• Online payment history

• Remittance download

E-mail notifications of payments are sent when a payment is distributed to your bank account and will include all pertinent payment information. The IPP Customer Support Desk is available to assist users Monday through Friday (excluding bank holidays) from 8:00AM - 6:00PM ET, including answering any questions related to accessing IPP or completing the registration process. Their toll-free number is (866) 973-3131 or they can be reached at:

IPPCustomerSupport@fms.treas.gov.

**END OF CLAUSES**

mailto:IPPCustomerSupport@fms.treas.gov

12405B23Q0195_Waterfowl Isolators Page 17 of 36

Attachment 3 – 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 Provisions – https://www.acquisition.gov/far/

(End of Provision)

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (NOV 2021)

This is a requirement to establish a Firm-fixed price order for the fabrication of 20 waterfowl isolators in accordance with the Statement of Work (SOW). The period of performance will be 180 days from the date of award. This award shall be made based on the Lowest Price Technically Acceptable. Please document the required technical expertise and knowledge required to successfully complete the requirements identified in the SOW and provide a separate pricing schedule. Facsimile submissions are not authorized for this solicitation. This solicitation does not commit the Government to pay any costs for the preparation and submission of a quote in response to this Request for Quote. All technical questions or questions regarding the SOW shall be submitted by email only to frank.palmer@usda.gov. The final day for question submission is Friday, April 21, 2023, at 3:00 pm Mountain Time. The Offeror shall submit an electronic response of the technical quote via email to frank.palmer@usda.gov. The information provided shall be concise, factual, and complete. Proposals that merely offer to provide the services as described in the SOW will not receive further consideration for award. The Offeror shall offer best pricing upfront and shall submit one separate electronic response of the price quotation and past performance. In response to this solicitation, the Contractor shall quote the cost of completing the services identified in the SOW. To be considered responsive, completed technical, pricing, and past performance responses must be sent electronically via email to frank.palmer@usda.gov and received no later than the closing date and time of this solicitation. As a result of this solicitation, the Government intends to establish a firm-fixed price order. Award of the contract resulting from this solicitation will be made to the responsible offeror, as defined by FAR 9.104-1, whose proposal offers the Lowest Price Technically Acceptable to the Government, without tradeoffs. Responsible includes, but is not limited to, providing a detailed technical proposal, satisfactory past performance history, an active registration in the System for Award Management (www.sam.gov), not being debarred or suspended from doing business with the Federal Government, and other factors. Any offeror without an active SAM registration as a small business under NAICS 332999 will be determined non-responsive and will not receive further consideration for award.

ADDENDUM TO 52.212-1

This addendum replaces the term “offer” with “quote” within the provision at 52.212-1.

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (Oct 2018)

12405B23Q0195_Waterfowl Isolators Page 18 of 36

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

(b) The use in this solicitation of any Department of the Interior Acquisition Regulation (48 CFR Chapter 14) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of provision)

AGAR Provisions

452.204-70 INQUIRIES (FEB 1988)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting

Officer issuing the solicitation about any aspect of this requirement prior to contract award.

452.219-70 Size Standard and NAICS Code Information (SEP 2001)

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 are listed below:

Contract line item(s): 0001 -- NAICS Code 332999 – Other Miscellaneous Fabricated Metal Product Manufacturing

-- Size Standard: 750 Employees

52.212-2 EVALUATION – COMMERCIAL ITEMS (Nov 2021)

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

Lowest Price Technically Acceptable

This is a Lowest Price Technically Acceptable (LPTA) source selection. The most important factor is price. The second most important factor is technical acceptability. The third most important factor is past performance. The lowest priced proposal will first be evaluated for technical acceptability. If determined not technically acceptable, it will be removed from competition and the next lowest priced proposal will be evaluated for technical acceptability. This will continue until the lowest price proposal is determined technically acceptable. Once the lowest priced proposal is determined

12405B23Q0195_Waterfowl Isolators Page 19 of 36 technically acceptable, a determination of responsibility will be completed, to include evaluating past performance. If found responsible, evaluations will be closed, and an award will be made.

Proposals will be evaluated for merit and the ability to satisfy the objectives of the acquisition based on the evaluation criteria, factors, and sub-factors listed herein. Cursory responses or responses that merely reiterate or reformulate the requirements of the statement of work will not be considered to meet the requirements of the solicitation. Assurance of experience, capability, and qualifications which clearly demonstrate and support the offeror’s claim are essential. The absence of such evidence will adversely influence the evaluation of the proposal. The Government will award the contract to the responsive, responsible offeror whose proposal provides the lowest price based upon meeting a Go/No-Go on technical acceptability evaluation criteria as follows:

Factor 1 – Price

Factor 2 – Technical Acceptability

Sub-Factor 2.1 – Offeror’s ability to satisfy requirements based upon detailed, descriptive proposal submitted.

Sub-Factor 2.2 – Offeror’s directly relevant experience.

Factor 3 – Past Performance

EVALUATION CRITERIA: The Government will utilize the following evaluation criteria in evaluating Offerors’ proposals:

1. Price: This factor will not be assigned an adjectival rating. Proposals will be evaluated on price and cost realism. The basis for award for the price factor will be lowest price. The Government will evaluate the Offeror’s proposed price for completeness, reasonableness, and realism.

2. Technical: The lowest priced offeror’s technical proposal will be evaluated to assess the technical ability to meet the requirements of the scope of work based on a Go/No-Go rating. As a part of the technical evaluation, the Government will confirm that any offered services meet all applicable requirements. Any offered services that do not meet the minimum technical requirements will cause the proposal to be considered non-responsive.

3. Past Performance: This factor will be evaluated based on the offeror’s capability and capacity to meet the contract requirements, based on past contract performance. Past performance will be assessed based on references provided to the Contracting Officer. Offerors should provide references for at least three similar contracts completed within the last two years. If no references are provided and there is no known past performance with the procurement office, the offeror will be given a neutral rating.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an

12405B23Q0195_Waterfowl Isolators Page 20 of 36 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 ITEMS (NOV 2021)

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. It automatically qualifies as a women-owned small business eligible under the WOSB

Program.

“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;

12405B23Q0195_Waterfowl Isolators Page 21 of 36

(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.

“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”—

(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 concern -

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned 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.

(2) Service-disabled veteran 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).

“Small business concern”

(1) Means a concern, including its affiliates, that is independently owned and operated, not

12405B23Q0195_Waterfowl Isolators Page 22 of 36 dominant in the field of operation in which it is bidding on Government contracts, 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 124.1002, 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 at 13 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 $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR

124.106) by individuals,…