1240LP23Q0071 RFQ BCH Vault pumping BPA.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

40LP

OGDEN UT 84401-2310

324 25TH ST

USDA-FS CSA INTERMOUNTAIN 4

CODE 16. ADMINISTERED BYCODE

X

X

X

562991

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR40LP

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/06/2023 1600 MT

05/25/2023

605-673-9348TINA FRANKENBERY

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1240LP23Q0071

5. SOLICITATION NUMBER

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

1 25 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

AS INDICATED ON EACH BPA CALL

15. DELIVER TO

OGDEN UT 84401-2310

324 25TH ST

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$9

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA-FS CSA INTERMOUNTAIN 4

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Medicine Bow-Routt National Forest, Brush Creek/Hayden (BCH) Ranger District, Vault Pumping Services

A Blanket Purchase Agreement will be established to provide vault pumping services at Forest Service managed recreation sites located in the BCH Ranger District, near Saratoga, Wyoming.

See Schedule of Items, Purpose/Scope, and the Statement of Work for more details.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

STEPHEN D. HOLLY

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 06/15/2023 to 05/31/2028

As Indicated on each BPA Call

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

25 2 of

MEDICINE BOW-ROUTT NATIONAL FOREST

BRUSH CREEK/HAYDEN RANGER DISTRICT

VAULT PUMPING BLANKET PURCHASE AGREEMENTS (BPA)

(i) This is a synopsis/solicitation for commercial items 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; proposals are being requested and a written solicitation will not be issued.

(ii) Solicitation Number 1240LP23Q0071 is issued as a Request for Quote (RFQ) under the authority of FAR 13.5.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02. The NAICS code assigned to this project is 562991 Septic Tank and Related Services and the size standard is $9.0 M.

(iv) This acquisition is being advertised as Total Small Business set aside. The award will be multiple Firm Fixed Price Blanket Purchase Agreements (BPA) that will be used to compete future requirements.

Description of Requirement

The USDA, Forest Service, Medicine Bow-Routt National Forest has a recurring need for pumping and disposal of toilet waste from vault toilets, septic tanks, and other holding tanks at the Forest Service Developed Recreation Areas and Administrative Sites. When a specific requirement is identified it will be competed against all contractors with BPAs resulting from this solicitation.

Additional BPAs may be awarded against this RFQ if qualified vendors are identified in future years.

The contractor shall furnish all necessary labor, supervision, equipment, incidentals, and transportation for performing the required services.

Location

The services are required at recreation and administrative sites on the Brush Creek/Hayden (BCH) Ranger District, in the vicinity of Saratoga, Wyoming.

Period of Performance

The effective date of the BPA will be stipulated in the award document. The BPA period of performance is estimated to start around June 15, 2023. The BPA shall be valid for up to a period of four years from the effective date of the BPA. Maximum prices submitted shall remain in effect for one full year from date of award and may be revised at the anniversary of the BPA award, upon agreement of the parties. The Government may cancel this BPA at any time.

SECTION B – CONTINUATION OF SF-1449

Schedule of Items/Price Schedule

Brush Creek/Hayden Ranger District (in Wyoming) Vault Pumping at Recreation Sites

Item General Location Location No. of vaults

Vault size (Gallons)

Estimated pumps per year

Estimated Miles from

Saratoga

Price $ per vault

Total Price $

1 Bow River CG 18N 80W

2 1000-

0-4 59 2 Bow River Work Center

18N 80W

1 1000 0-1 58

3 Bow River Work Center bi

18N 80W

2 2500 0-1 58 4 Deep Creek CG 17N 79W 9 2 1000 0-1 55 5 Sheep Lake Trail Head d 17N 79W 9 1 1000 0-1 55

6 Silver Lake CG 16N 80W

3 1000 0-1 29 7 Mirror Lake PG 16N 79W

4 1000 0-1 32

8 West Lake Marie 16N 79W

2 1000 0-2 31 9 Snow Survey Cabin 16N 80W

1 1000 0-1 27

10 South Brush Creek CG &

16N 81W

5 1000-

0-4 20 11 Lincoln Park CG & Host 16N 81W 8 3 750-2000 0-3 23 12 Kennedy Peak LO 17N 81W

2 1000 0-1 30

13 Ryan Park Snowmobile

1 750 0-1 20 14 Ryan Park CG & Host 16N 81W

6 1000-

0-4 19

15 Brush Creek Visitor

2 500-1000 0-4 18 16 Brush Creek Work Center 16N 81W

5 1000-

0-4 18

17 Bottle Creek CG 14N 85W

4 1000 0-2 24 18 Lost Creek CG 14N 86W

2 1000 0-1 24

19 Hog Park PG 12N 84W 1 2 1000 0-1 31 20 Lake View PG 12N 84W 8 2 750 0-1 32 21 Hog Park CG & Host 12N 84W 8 9 1000-

0-4 32

22 Red Mountain TH 14N 85W

2 1000 0-1 29 23 Battle Town Site 14N 85W

2 1000 0-1 29

24 Jack Creek CG 15N 87W

1 1000 0-1 25 25 Jack Creek Barracks 15N 87W

1 2000 0-1 25

26 Jack Creek WC 15N 87W

2 750 0-1 26 27 Sandstone WC, Shop, Residence, Trailer Pads, C bi

13N 87W

6 750-1000 0-2 41

28 Blackhall Mountain LO 12N 80W 5 1 500 0-1 45 29 Six Mile CG, TH 11N 80W 2 3 750 0-3 42 30 Routt Access 15N 81W

1 750 0-1 50

31 French Creek CG CCC 18N 80W

2 1000 0-1 36 Total

Schedule Notes: The locality of each site above is referenced from Saratoga, Wyoming. Offeror can include their own mileage within their cost per vault. Offerors should submit prices for all line items.

B.1 Recreation Site Locations: There are 31 site locations and their respective numbers of vault toilets, septic systems, and capacities. Vaults and Septic Systems will be pumped once they reach 75% of capacity and directed to be pumped by a Forest Service representative. Vault pumping frequencies will vary based on the amount of public use at each recreation site. The Schedule of Items is an established baseline for the service charge per site location, providing clear and consistent invoicing.

B.2 Minimum of 3 vaults: A minimum of 3 vaults will be pumped per request. Total price per vault should include all costs to remove waste/clean/recharge and all actions in line with industry practices. Mileage cost should be included in overall cost per vault. Mileage calculations will be .33 of total miles as the call order will include 3 vaults minimum. NOTE: Effort will be made by the contractor and the Forest Service to combine trips to pump restrooms in the same general location to save mileage and costs.

OFFEROR TO COMPLETE INFORMATION

Company Name ____________________

Company Representative_______________________________________

Mailing Address ________

City, State, Zip _ ________

Telephone # E-Mail Address __________

UEI Number (from active SAM registration)

Provide information on type of service truck/equipment. Example: International 1900-gallon tank

Information on Service Truck #1: _________________________________________________________

Information on Service Truck #2: _________________________________________________________

Attach a brief narrative about your company to include years in business, geographic area covered, and profiles of key employees. Follow the instructions to offerors in Section E of this solicitation.

Purpose/Scope

The Forest Service intends to establish a multiple-award Blanket Purchase Agreement (BPA) to provide pumping services for vault toilets and septic tanks at USDA Forest Service managed recreation and administrative sites located on the Brush Creek/Hayden Ranger District of the Medicine Bow-Routt National Forest, in Wyoming, as identified in the Schedule of Items.

After award of the BPAs, the work under this BPA will be competed against all contractors with BPAs and then ordered by the issuance of one BPA Call per occurrence. The BPA Call will be issued by a warranted Contracting Officer (CO) within the Intermountain Zone. The Forest Service, Intermountain Zone, CO is the only individual authorized to make changes to the BPA Call once issued.

Each BPA Call for services will consist of a Request for Quotes (RFQ) that will allow each contractor to submit a quote for a particular occurrence. See Ordering Procedures explained below. The awarded contractor of a BPA Call will invoice once per month for services performed. The Contracting Officer’s Representative (COR) will be responsible for contacting the contractor to confirm pumping services are completed and will track all services performed.

The Contracting Officer (CO) has the overall responsibility for the administration of this BPA. The CO is authorized to take actions on the behalf of the Government to amend or modify the BPA terms and conditions.

However, the CO may delegate certain administrative duties to his/her authorized representative.

The Contracting Officer’s Representative (COR) has the technical oversight responsibilities as designated, in writing, by the CO. This BPA and individual BPA Calls will have a COR named at the time of award. The COR is responsible for administering the performance of work, inspections, and checking the Contractor’s compliance with the technical requirements in the terms and conditions of the BPA.

Placing Orders against the BPA: Each BPA Call will be a firm fixed priced call against the BPA. BPA Calls are not expected to exceed $15,000 per operating season. The total ordering capacity of this BPA shall not exceed $75,000 as the maximum ceiling of this BPA. NOTE: This is a ceiling only and there are no guarantees for this volume of work. The accumulated value of all BPA Calls issued under this BPA may not exceed this amount without modification to the BPA.

Ordering Procedures - Blanket Purchase Agreement (BPA) Call –

A BPA Call will be solicited through individual Request for Quotes (RFQ). The Contracting Officer (CO) or his/her authorized representative will issue the RFQ. RFQs may include evaluation criteria (i.e.: past performance, etc.) which will require the submission of a technical proposal. All RFQs shall specify the method for award determination and indicate the required response documentation.

Upon the receipt of an RFQ from the Government, the Contractor shall respond as specified.

Each RFQ will address the following:

1. Specific requirements of a project

2. Schedule of Services (site locations, # of vaults, etc.)

3. Any supplemental specifications within the Statement of Work

4. Period of Performance

5. Quote due date with specific instructions for submission of quote.

6. Each RFQ will be competitive in nature.

The RFQ will be issued by email to each contractor listed under the BPA. The contractor is responsible for checking email for RFQ issuances as no other notice will be provided.

All BPA awardees (if multiple) classified as small businesses will be given fair opportunity, as defined in FAR Part 16.505(b)(1), to compete for BPA Calls.

Once an award determination is made, a legally binding, firm-fixed price contract in the form of a BPA Call will be issued to the successful Contractor signed by the Contracting Officer. All BPA terms, conditions, and references apply to subsequent BPA Calls, unless otherwise noted in the BPA Call.

Pre-work instructions from the Contracting Officer’s Representative (COR) will accompany the award.

EXTENT OF OBLIGATION

The Government is obligated only to the extent of authorized purchases made under this BPA by authorized individuals. Funds are obligated when an authorized BPA Call is placed pursuant to this BPA. Each authorized purchaser is obligated only to the extent of the obligation of the issued BPA order that is placed under this BPA.

INVOICES – Payment and Acceptance will be stated and defined on a monthly basis. Payments will be made through Electronic Funds Transfer (EFT) via Invoice Processing Platform (IPP) unless otherwise noted on a specific BPA Call.

Each invoice uploaded in IPP shall contain the following minimum information:

a. Name of Contractor

b. BPA number

c. Date of order

d. Order number

e. Itemized list of services

f. Unit price and extensions of each item.

STATEMENT OF WORK

The Medicine Bow-Routt National Forest requires pumping and disposal of toilet waste from vault toilets, septic tanks, and other holding tanks at the Forest Service Developed Recreation Areas and Administrative Sites. The contractor shall furnish all necessary labor, personnel, supervision, tools, equipment, incidentals, vehicles, and transportation for performing the required services.

The services are required at recreation and administrative sites on the Brush Creek/Hayden Ranger District, in the vicinity of Saratoga, Wyoming. The general locations of each site are referenced via site name and legal locations in the Schedule of Items. There is not an established schedule for work, as the need for the vault pumping is dependent upon variations in use at the recreation areas and cannot be ascertained in advance.

Pumper trucks shall be driven on established roads and spurs only, unless otherwise authorized by the Forest Service. All sites are located on roads accessible by passenger cars.

This project includes the removal of all solid waste from vault toilets/septic system tanks with all waste being removed from the toilet site and deposited in a State approved sewage system. After the requested vault is pumped, the vault will be re-charged with water to a depth of 10 inches from the bottom of the vault. The contractor shall remove and replace any barriers required for access to pump the vault toilets.

Any sewage spilled by the contractor where it may come into contact at the toilet facility, including on the toilet seat, the external riser, the bathroom walls and floor, shall be cleaned and removed with disinfectant. All cans, bottles and other objects are to be placed in plastic garbage bags, furnished by the contractor, and disposed of properly in accordance with Local, State and Federal regulations.

These services are often required before and during the operating season, which normally runs from May 1st through October 30th annually. Some locations also require services at the end of each season.

Emergency services will be performed on an as needed basis. Occasional emergency pumping may be required outside the normal workday constraint. Response time for any emergency will be by mutual agreement between the Government and Contractor. Emergency services may be paid for by the Government Purchase Card, separate from this BPA.

Dump tickets, or other proof of proper disposal, may be requested to verify means of proper disposal.

Tickets must be furnished within 48 hours via hard copy, scan/email, or fax to the designated Forest Service representative. Tickets must show the location(s) from which the sewage was pumped.

The contractor shall be responsible for obtaining any necessary licenses and/or permits and for complying with any Federal, State, and Municipal laws, codes, and regulations applicable to the performance of the work.

The contractor shall be responsible for all damages to persons or property which occurs as a result of the contractor’s performance or negligence.

The Brush Creek/Hayden Ranger District recreation sites contain a total of 31 toilet and septic site locations. There are several different vault toilet designs including:

• Single unit/single vault

• Double unit/double vault

• Double unit/single vault

Septic systems range from one vault per system to 4 vaults per system with access via manhole or capped riser. Vaults and septic tanks range in size from 500 to a maximum capacity of 2000 gallons and need to be pumped when they reach 75% capacity, with 90% of the vault contents removed per standard commercial practices.

All vault waste shall be disposed of at a commercial treatment facility away from National Forest Lands. Applicable OSHA, State and Local laws and regulations will be followed. It shall be the responsibility of the Contractor to secure permission from local municipal plants to add such waste to their system with any cost to be at the Contractor’s expense.

EQUIPMENT REQUIREMENTS

Contractor Equipment shall meet or exceed these minimum requirements:

1. Pumper tank capacity of 1500 gallons.

2. Vacuum pump.

3. 3-inch diameter intake valve and 200 feet of hose.

4. Long handled grappling device.

5. Capability of carrying extra water for cleaning purposes and for re-charging.

6. Back-up warning devices.

BioPreferred® Products: The purpose of the USDA BioPreferred® program is to promote the increased purchase and use of biobased products. The program is expected to promote economic development, creating new jobs and providing new markets for farm commodities. To the extent that the BioPreferred program achieves its purpose, the increased purchase of biobased products will also be expected to reduce petroleum consumption, increase the use of renewable resources, better manage the carbon cycle, and may contribute to reducing adverse environmental and health impacts.

Defined by the 2002 Farm Bill, biobased products are commercial or industrial products (other than food or feed) that are composed in whole, or in significant part, of biological products, renewable agricultural materials (including plant, animal, and marine materials), or forestry materials.

Offerors shall include within their offer an affirmative statement of action(s) they would take during the performance of this contract to include the use of biobased products, such as cleaning agents, unless precluded by performance, cost, or availability. The use/ non-use of biobased products will not be an evaluation factor in any subsequent award; however, failure to address the subject matter within the proposal could render the proposal as non-responsive to the RFQ requirements.

SECTION C - CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998) http://www.biopreferred.gov/Biobased_Products.aspx http://www.biopreferred.gov/files/FarmBill_2002.pdf

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):

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

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

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

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

(DEC 2022) (DEVIATION 2017-1)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (MAR 2023) (DEVIATION 2017-1, DEVIATION 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. (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)).

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

☐ (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 and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1)

☒ (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) 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).

☒ (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. 6101note).

☐ (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 (Oct 2022) (15

U.S.C.657a).

☐ (12) (i) 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] ☒ (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)).(DEVIATION DEC 2022)

☐ (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) [Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (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).

https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023) (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) (15 U.S.C. 637(a)(17)).

☒ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☐ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (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.

☒ (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).

☒ (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. chapter78 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 (Jun 2014) 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.

☒ (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.

☐ (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 (DEC 2022) (19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law. 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 [Reserved] ☐(iii) Alternate II (Dec 2022) 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 (Dec 2022) (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. Subtitle A, Part V, Subpart G Note).

☐ (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 (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.3805).

☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov

2021) (41 U.S.C.4505, 10 U.S.C.3805).

☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

(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. chapter 67).

☒ (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).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage/Fringe Benefits

31362 – Truck Driver, Medium

(WG-7)

$22.76 wage plus $4.80 Fringe Benefits

☒ (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) (29 U.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.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(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. Subtitle A, Part V, Subpart G 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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801)

(xxiii) 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.

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.242-17 Government Delay of Work (APR 1984)

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(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 Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.204-70 Modification for Contract Closeout (DEVIATION JUL 2022)

Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to

FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

https://www.usda.gov/sites/default/files/documents/agar-class-deviation-contract-closeout-clause.pdf

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

452.211-74 Period of Performance (FEB 1988)

The effective date of the BPA will be stipulated in the award document. The BPA concludes four years from the effective date of the BPA. Each BPA Call will have an assigned period of performance at the time of award.

452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror(s) is required. It will be scheduled within 5 days after the date of the award. The conference call will be held at: to be determined.

452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Pumper Driver.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

SECTION D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Title Pages

1. MAP of BCH Vault Pumping Locations 1

2. Wage Determination #2015-5413, Revision #19, Dated 12/27/2022 11

SECTION E - SOLICITATION PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Provisions:

https://www.acquisition.gov/browse/index/far (FAR Provisions begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Provisions:

https://www.acquisition.gov/agar (AGAR Provisions begin with 452) FAR and AGAR Deviations to provisions may be viewed at: Policies & Regulations | USDA

52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

52.207-6 Solicitations and Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple Award Contracts) (DEC 2022)

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (MAR 2023)

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:

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://www.sam.gov/SAM/ i.) Technical Capability – Provide a description of the truck – all equipment shall meet or exceed minimum requirements – pumper truck capacity of 1500 gallons, vacuum pump, 3-inch diameter intake valve and 200 feet of hose, long handled grappling device, capability of carrying extra water for cleaning purposes and recharge, and back-up warning devices.

ii.) Past Performances – Recency and relevancy of present/past performance in relation to this work. Offeror must, at a minimum, provide 3 past experiences on similar type of work. The past experiences should indicate successes of the contractor in completing/meeting delivery dates and customer satisfaction. PAST PERFORMANCE DATA SHEETs are available at the end of this solicitation.

b) Price Proposal – Include the following: 1) the completed, signed SF-1449, 2) acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment(s), and 3) the completed Schedule of Items contained in Section B of this solicitation.

c) Representations and Certifications – Fill in the check boxes for provisions 52.204-24, 52.212-3, found in Section F of this solicitation and include a copy with your offer.

3) Submit offer by email to Tina.Frankenbery@usda.gov so that it is delivered into this inbox by the due date and time no later than Tuesday, June 6, 2023 at 4:00 p.m. Mountain Time.

Emails should contain 3 separate attachments (Technical Proposal, Price Proposal, and Representations and Certifications) in Microsoft Word, Excel, 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 Tina Frankenbery, Purchasing Agent.

4) Address questions about this solicitation to Tina.Frankenbery@usda.gov

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

(a) The Government will award a BPA 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:

Price, Technical, and Past Performances.

Price – Price will be determined fair and reasonable based on…