RFQ 1240LS24Q0080 - Boundary Survey Markers.pdf
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Department of Agriculture Forest Service
About this file
This document is a Request for Quotation (RFQ) for the procurement of boundary survey markers by the U.S. Department of Agriculture Forest Service. The solicitation requires the following items: 750 2.6"-wide, Single-Rib Fiberglass Boundary/Survey Markers in brown, 1,600 2.6"-wide, Single-Rib Fiberglass Boundary/Survey Markers in orange, and 2,350 yellow and black strip decals for the markers. All items are to be delivered to Boise, Idaho. The solicitation is set aside for Small Businesses under NAICS code 332999 with a size standard of 750 employees. Quotes are due by July 19, 2024 at 8:00 AM Mountain Time and will be evaluated on price, technical requirements, delivery date, and past performance. The contract will be awarded to the responsible offeror whose quote conforms to the solicitation and is most advantageous to the Government.
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Solicitation Number: 1240LS24Q0080
FAC 2024-03 February 23, 2024
(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
(ii) This solicitation is issued as an ___________. (Invitation to Bid (IFB), Request for Quotation (RFQ), or Request for Proposal (RFP)).
(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal
Acquisition Circular 2024-05.
(iv) This procurement is set aside for Small Business. The NAICS code is 332999 and the Small Business Size Standard is 750.
(v) Schedule of Items/Price Schedule
FOB: X Destination Origin Payment will be made via EFT. Invoice using IPP.Gov Set Aside For: Large Small WOSB SDVOSB Hubzone 8(a)
Must be to quote x
NAICS Code & Size 332999 at 750 PSC 5340 Delivery address 1918 COMMERCE AVE, BOISE, ID 83705-5313
**MUST HAVE ALL INFO BELOW**
Company Name:
Rep’s Name:
Signature: (Must Sign)
Phone:
Email:
Mailing Address:
SAM UEID #
SAM Expiration
Date you can deliver
Item Description QTY U/ I Unit Price Extended Price
01: 2.6"-wide, Single-Rib Fiberglass Boundary/Survey Marker, w/ one pointed end - (66-inch; 01-Brown) 750 EA $ $
02: 2.6"-wide, Single-Rib Fiberglass Boundary/Survey Marker, w/ one pointed end - (66-inch; 03-Orange) 1,600 EA
03: Affix 2.375 x 16 Strip Decal - "Property Boundary - National Forest
- Land Behind - This Sign", USFS Logo, Yel/Blk, EG
2,350 EA
04: Shipping to: 1918 COMMERCE AVE, BOISE, ID 83705-5313 01 LS $ $
Total $
Schedule Notes: **QUOTES ARE DUE BY: 07/19/2024 by 08:00 MT** Note: Vendor is required to quote on all items.
Note: Vendor may not submit a quote that does not meet ALL specifications of ALL items as written.
Note: Vendor must be registered and active in SAM as a SB to submit a quote.
Note: No late quotes will be accepted for any reason.
Note: Deliver Quotes to: B. Shane Webster: barclay.webster@usda.gov (801) 908-1904 mailto:barclay.webster@usda.gov
(vi) Description of Requirement (including a list of any attachments) 750ea - 2.6"-wide, Single-Rib Fiberglass Boundary/Survey Marker, w/ one pointed end - (66-inch; 01-Brown) 1,600 ea - 2.6"-wide, Single-Rib Fiberglass Boundary/Survey Marker, w/ one pointed end - (66-inch; 03-Orange) 2,350 ea – Affix 2.375 x 16 Strip Decal - "Property Boundary - National Forest - Land Behind This Sign", USFS Logo, Yel/Blk, EG Shipping to: 1918 COMMERCE AVE, BOISE, ID 83705-5313
(vii) Date(s) and Place(s) of Delivery and Acceptance/Location
1918 COMMERCE AVE, BOISE, ID 83705-5313
(viii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023) (Provision) Addenda to provision 52.212-1: For simplified acquisitions, the word quote or quoter is substituted in provision 52.212-1 for the word offer or offeror.
Addenda to Provision 52.212-1: paragraph (b) Submission of Offers:
1) Offerors must have an active entity registration in SAM, the System for Award Management, in order to submit an offer and be a SB. https://www.sam.gov/SAM/
2) Acknowledge any amendments issued on SAM.gov for this solicitation by completing and signing the posted SF-30 if one is posted.
3) Price Proposal – Include the following: completed price schedule from section (v) of this solicitation for all items.
4) All Vendor information blocks must be completed (pg1). Failure to sign means disqualification from evaluation and award.
5) Quotes are due into my email inbox No Later Than 07/19/2024 by 08:00 MT. None late are accepted.
Deliver Quotes to: B. Shane Webster: barclay.webster@usda.gov (801) 908-1904
6) Questions will not be accepted after 15 Jun 2024.
7) One award will be made from this solicitation, and Contractors must submit pricing for ALL items.
8) Mark and sign the reps and certs contained in this document. Do not send your own version.
9) Withdrawal of offers will be accepted at any time.
(ix) 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
1. Price: Lowest price that meets all technical specifications and requirements of this solicitation, sec (vi).
https://www.sam.gov/SAM/ mailto:barclay.webster@usda.gov
2. All Technical Requirements Met: You may not submit a quote for a product that does not meet ALL requirements as listed in the SOW. You must prove you can provide all the items listed by demonstrating a history of delivering said or like products. An SF30 will be posted showing the approved answers to all questions submitted of consequence.
Your signature on this solicitation is your signed statement that you will meet all requirements in the SOW as written without substitution unless you have an approved SF30 allowing the change.
3. Delivery Date: You must be able to deliver all products at the time and date you will specify on pg 1.
This date is required to evaluate your offer.
4. Past Performance: Vendor must not have any negative data in SAM, FAPIIS, CPARS or other report systems.
(Termination For Convenience of the Government) is not an automatic negative entry. Only negative CPARS, SAM, FAPIIS and other reporting system entries will be considered negative. Terminations for (Cause) or (Default) are negative and will be evaluated on a case-by-case basis to determine if the entry should still be held against the vendor. Technical and past performance, when combined, are in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price and product offered and delivery time frame, meeting specifications…etc.
5. Data Verification:
A: Failure to provide requested information (pg1 and 2) will disqualify your quote.
B: You must sign this solicitation, or your quote is disqualified without evaluation for failure to accept terms.
C: You must be active (not expired) in SAM to submit a quote or have it evaluated or receive an award.
D: You must provide your UEID and SAM expiration date on pg 1, and meet business size & type requirement (SB) (WOSB) (VOSB) (SDVOSB) (HUBZONE) (8(a)), etc.
E: Do NOT provide a separate quote from this document. Your quote is what is written on this document.
F: You may add to, but not change or take away from anything written herein. Highlight any additions.
All added terms and conditions from vendors are rejected.
Inclusion of any added terms or conditions disqualifies your quote, with the exception of warranties.
You may add warranty information as needed in a separate document.
G: If you would like a term added to the contract, should you be awarded it, request it in your email containing your quote. I will Negotiate its approval with the COR and add it, if we all parties come to an agreement. If the COR finds it unacceptable and negotiation cannot produce a good term, we will not accept the term and you will be informed and have the choice of accepting current terms or dropping your quote with no adverse actions.
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(x) Representations and Certifications (complete highlighted items in this section and return with your offer)
VENDOR NAME: _____________________________________________
VENDOR UEI: _____________________________________________
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Provision)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(d) Representation. The Offeror represents that—
(1) It ☐ will, ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—
It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2024) (Provision) [If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.
If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:]
(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-4#FAR_4_1201
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(xi) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2023) - Addenda to 52.212-4:
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (FAR 52.203-17) (Nov 2023)
SYSTEM FOR AWARD MAINTENANCE (FAR 52.204-13) (OCT 2018)
COMMERCIAL & GOVERNMENT ENTITY CODE MAINTENANCE (FAR 52.204-18) (AUG 2020)
INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (FAR 52.204-19) (DEC 2014)
PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE AND SERVICES –
DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES. (FAR 52.204-23) (DEC 2023)
PROHIBITION ON CONTACTING FOR CERTAIN TELECOMMUNICATIONS AND- (FAR 52.204-25) (NOV 2021)
VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NDAA 889)
PROHIBITION ON A BYTEDANCE COVERED APPLICATION (FAR 52.204-27) (JUN 2023)
SMALL BUSINESS PROGRAM REPRESENTATIONS (FAR 52.219-1) (FEB 2024)
CHILD LABOR COOPERATION WITH AUTHORITIES AND REMEDIES (FAR 52.222-19) (FEB 2024) (E.O. 13126)
GOVERNMENT DELAY OF WORK (FAR 52.242-17) (APR 1984)
DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (FAR 52.249-8) (APR 1984)
CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)
AUTHORIZED DEVIATIONS IN CLAUSES (FAR 52.252-6) (NOV 2020)
MODIFICATION FOR CONTRACT CLOSEOUT (AGAR 452.204-70) (USDA Deviation Jul 2022)
PERIOD OF PERFORMANCE (AGAR 452.211-74) (FEB 1988)
INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)
(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (FEB 2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)
(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19
U.S.C. 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:
x (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (Whistleblower Guidance to Contractor
Employees) x (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282)
(31 U.S.C. 6101 note).
x (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.
117-328).
x (12) 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).
x (18) (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.
x (26) (i) 52.219-28, Post Award Small Business Program Re-representation (FEB 2024) (15 U.S.C. 632(a)(2)).
☐ (ii) Alternate I (MAR 2020) of 52.219-28.
x (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
x (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024). [ x (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
x (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
☐ (ii) Alternate I (Feb 1999) of 52.222-26.
x (36) (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.
x (39) (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).
x (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 x (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
x (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).
x (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C.
3332).
(c) Deleted (services Only)
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.
Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf 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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).
(iii) 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)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 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).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L.
115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 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.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xiv) 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.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xvi) (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).
(xvii) 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).
(xviii) 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).
(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 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).
(xxiv) 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.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.
3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 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.
(xiii) Additional Requirements/Terms and Conditions:
Clauses:
52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)
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):
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
52.252-6 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.
AGAR 452.204-70 (Feb 1988), 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 de-obligation. 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.
(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for de-obligation. 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.
AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is identified on the 1449
Provisions:
52.204-7 System for Award Management (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)
52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) 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/agar-class-deviation-contract-closeout-clause.pdf
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
52.252-5 Authorized Deviations in Provisions (NOV 2020) (Clause)
(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 Agriculture Acquisition Regulation (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(xiv) Defense Priorities and Allocation System (DPAS) Rating: N/A
(xv) Date, Time, and Place Offers are due QUOTES ARE DUE BY: 07/19/2024 by 08:00 MT Deliver Quotes to: B. Shane Webster: barclay.webster@usda.gov (801) 908-1904
(xvi) Government Point of Contact B. Shane Webster: barclay.webster@usda.gov (801) 908-1904 1749 W 500 S Salt lake City, UT 84104 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations mailto:barclay.webster@usda.gov mailto:barclay.webster@usda.gov
| (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation, as supplemented with additional information included in this notice. This announcement cons... |
| (ii) This solicitation is issued as an ___________. (Invitation to Bid (IFB), Request for Quotation (RFQ), or |
| Request for Proposal (RFP)). |
| (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05. |
| (iv) This procurement is set aside for Small Business. The NAICS code is 332999 and the Small Business Size |
| Standard is 750. |
| (v) Schedule of Items/Price Schedule |
| (vi) Description of Requirement (including a list of any attachments) |
| (vii) Date(s) and Place(s) of Delivery and Acceptance/Location |
| (viii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023) (Provision) |
| (ix) 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) |
| (x) Representations and Certifications (complete highlighted items in this section and return with your offer) |
| (xi) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2023) - Addenda to 52.212-4: |
| CHILD LABOR COOPERATION WITH AUTHORITIES AND REMEDIES (FAR 52.222-19) (FEB 2024) (E.O. 13126) |
| GOVERNMENT DELAY OF WORK (FAR 52.242-17) (APR 1984) |
| DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (FAR 52.249-8) (APR 1984) |
| AUTHORIZED DEVIATIONS IN CLAUSES (FAR 52.252-6) (NOV 2020) |
| MODIFICATION FOR CONTRACT CLOSEOUT (AGAR 452.204-70) (USDA Deviation Jul 2022) |
| (xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (FEB 2024) |
| (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 2.10... |
| (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 specifie... |
| (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 doe... |
| (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 product... |
| (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509). |
| (ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712). |
| (iii) 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 success... |
| (iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91). |
| (v) 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). |
| (vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328). |
| (vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II). |
| (B) Alternate I (Dec 2023) of 52.204–30. |
| (viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 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 app... |
| (ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). |
| (x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246). |
| (xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212). |
| (xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793). |
| (xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212). |
| (xiv) 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. |
| (xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67). |
| (xvi) (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). |
| (xvii) 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). |
| (xviii) 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). |
| (xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989). |
| (xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022). |
| (xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). |
| (xxii) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a). |
| (B) Alternate I (Jan 2017) of 52.224-3. |
| (xxiii) 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). |
| (xxiv) 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. |
| (xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40. |
| (xxvi) 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. |
| (xiii) Additional Requirements/Terms and Conditions: |
| Clauses: |
| Provisions: |
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