127EAS21R0023.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

9JGPCODE 16. ADMINISTERED BY

USDA FOREST SERVICE

PROCUREMENT & PROPERTY SERVICE

631 COYOTE STREET

NEVADA CITY CA 95959

CODE

X

X

X

113210

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR9JGP

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/22/2021 1600 PT

07/08/2021

530-559-4151ANNIE PROUT-GARCIA

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

127EAS21R0023

5. SOLICITATION NUMBER

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

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

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

7.

2. CONTRACT NO.

EFFECTIVE DATE

$12.00

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)

9. ISSUED BY

USDA FOREST SERVICE

PROCUREMENT & PROPERTY SERVICE

631 COYOTE STREET

NEVADA CITY CA 95959

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.

REGION 05 CONE & NEEDLE COLLECTION BPA

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

ANNIE C. PROUT-GARCIA

. 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.

INVOICE PROCESSING PLATFORM IPP

ELECTRONICALLY THROUGH THE

ALL INVOICES MUST BE SUBMITTED

INVOICE PROCESSING PLATFORM IPP

WWW.IPP.GOV

IPP

USDA FOREST SERVICE

PROCUREMENT & PROPERTY SERVICE

631 COYOTE STREET

NEVADA CITY CA 95959

7EAS

CALIFORNIA, REGION 5

CONE & NEEDLE COLLECTION BPA

DESCRIPTION UNIT PRICE

001 Slingshot/Shooting, etc. without Climbing TREE $

002 Climbing TREE $

003 Mechanical Lift Truck with Cone Testing TREE $

004 Pick Tree after Climbing & Testing BUSHEL $

005 Tree Picking (No Mechanical Truck) BUSHEL $

006 Tree Picking from Felled Trees BUSHEL $

007 Slingshot/Shooting BUSHEL $

008 Needle Collection – Species listed in Section C TREE $

009 Rust Resistant Cone Collection for Testing TREE $

010 Tree Reconnaissance, Tree Sampling & Tree Collection DAY $

011 Mileage (TBD with FTR) MILE N/A ‐ TBD ON CALLS

012 Crew/Travel Cost (Prices TBD with SCA & FTR) DAY N/A ‐ TBD ON CALLS

NOTES * TBD ‐ To Be Determined *SCA ‐ Service Contract Act *FTR ‐ Federal Travel Regulation

Signature

Vendor

Address

Phone:

Email:

POC:

DUNS:Address

Point of Hire (City, St):

SCHEDULE OF ITEMS

SECTION B ‐ REVISED

SUPPLIES OR SERVICES & PRICE/COST

PRICE SUBMITTED BY

1. Responses for quantities less than those listed in the numbered items may be rejected

2. Responses without prices for each item and sub‐item may be rejected.

ITEMS

OPTIONAL PER INDIVIDUAL CALLS

CONE TESTING

CONE COLLECTION

OTHER

ORDERING: FAR 52.216‐19 ORDER LIMITATIONS

This Agreement will service as a Blanket Purchase Agreement (BPA) between the Vendor and the U.S. Forest

Service for our recurring cone and needle collection requirements.

The intention is for multiple award BPAs it to simplify the process of obtaining these services as time is often a concern with this service.

The effective period of this Agreement is from date of award through five years.

When there is a need for the services covered within the BPA, the Forest Service Staff member will reach out to all appropriate Vendors on the BPA to determine best value for their specific project with location, price and capability.

Once the best value is determined the Vendor will be contacted for availability in start dates and schedules.

If that Vendor is not available or cannot meet the target start date/schedule, the Forest Service Staff member will move to the next determined best value Vendor on their list until they can find an available Vendor.

Orders:

Minimum Order/Call: No minimum order thresholds.

Maximum Oder/Call: Maximum $250,000.00 per Project Order/Call.

Orders may be placed against this BPA by USDA Forest Service Region 5’s Forest and District Silviculturists or Foresters. Each BPA order/call will be its own project.

For Orders/Calls under $2500.00, transactions will be paid by a Government Credit Card by a Government Purchase Card holder.

For Order/Calls over $2500.00 all payment requests must be submitted electronically through the US Department of the Treasury’s Invoice Processing Platform (IPP). “Payment request” means any request for Agreement financing payment or invoice payment by the Vendor.

The IPP website address is: https://www.ipp.gov.

The Service Contract Act applies for all orders/calls over $2500.00.

Any Orders or Calls over $2500.00 will include appropriate Wage Determination which can be found here:

https://www.dol.gov/agencies/whd/government‐contracts/service‐contracts/tools

Any Crew Costs that the vendor claims will be calculated before the award of a call and will be included in the total of the order per individual project and location. (ITEM 011).

Please see Section J, Attachments, for an example of an order/call that would be placed against this BPA.

Travel & Mileage:

All travel costs will be based on and shall not exceed, the Federal Travel Regulation (FTR) which can be found here:

https://www.gsa.gov/policy‐regulations/regulations/federal‐travel‐regulation‐ftr.

Mileage for each call will be based from the Point of Hire City and State provided by the Vendor in Section B.

No more than (2) two vehicles can be charged, unless approved by the Ordering Official or the Contracting Officer.

All necessary lodging will be based off of double occupancy.

Any Mileage or Travel Costs that the vendor claims will be calculated before the award of a call and will be included in the total of the order per individual project and location. (ITEM 010).

Pricing:

Pricing will be evaluated yearly for best value and fair market pricing. Any fluctuations in market or conditions requiring changes to pricing outside of the evaluation period shall be submitted to the Contracting Officer for assessment with a minimum of one‐week notice.

Scope of Work

The Forest Service needs the following services to restore and reforest government lands in California.

The resulting Blanket Purchase Agreement will include services for tree climbing, slingshot/shooting, use of mechanical lift truck and picking from felled trees for the collection of a variety of specimen from a variety of species in accordance with all safety requirements for such work as directed by the Government.

When collection services are required the Government will issue a BPA Call identifying the period of performance and services/collections required. Due to unstable and unforeseeable environmental conditions, the Government is not always able to determine needs until it is closer to the suitable conditions varying by location and species. The projects will be time‐sensitive for climbing trees and collecting samples. Specimens collected are perishable and will be required to be treated with great care. The Government anticipates recurring requirements but cannot predetermine the precise requirements during the order contract period.

Collections are typically in the fall months, August thru October, however actual collections are dependent on the location, species and current weather and there is often a very short time period each year that are suitable for successful sample collection. All collections will be dependent on the suitability and success of the proposed project.

Project Locations

California Service Area #1: Klamath, Lassen, Mendocino, Modoc, Shasta‐Trinity and Six Rivers National

Forests

California Service Area #2: Eldorado, Plumas, Tahoe, Inyo, Sierra, Sequoia, Stanislaus National Forests and the Lake Tahoe basin Management Unit.

California Service Area #3: San Bernardino, Cleveland, Angeles and Los Padres National Forests

Also Includes Seed Zones which fall within the Humboldt‐Toiyabe National Forest

Specifications

The Vendor has the option, with the Forest Service’s Technical Expert approval, of deciding the appropriate method of collection. Some options include but are not limited to, tree climbing, mechanical lift truck, felled tree collection, and small quantity collections through sling shot, air gun, shooting with a 0.22 caliber rifle with a scope. Proposers are encouraged to be creative as other methods may be considered and approved if both safe and effective.

Needle & Rust Resistant Cone Collection:

Includes the following Species:

White pines Sugar pine Western White pine Whitebark pine Limber pine Foxtail pine Bristlecone pine

PART II – CONTRACT CLAUSES

SECTION I. CONTRACT TERMS & CONDITIONS

FAR 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 the clauses may be accessed electronically at these addresses:

FAR: www.acquisition.gov/far

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

FEDERAL ACQUISITION REGULATIONS (FAR)

52.223‐2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEP 2013)

AGRICULTURE ACQUISITION REGULATIONS (AGAR)

452.236‐77 Emergency Response (NOV 1996)

52.212‐4 Contract Terms and Conditions – Commercial Items (OCT 2018) Incorporated by Reference

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

Items. (JAN 2021)

(a) The Vendor 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 items:

(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 (Jul 2018)(Section 1634 of Pub. L. 115‐91).

(3) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (Aug 2020)(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. 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 items:

__ (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 (Jun 2020) (41 U.S.C. 3509)).

__ (3) 52.203‐15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun

2010) (Section 1553 of Pub. L. 111‐5).

__ (4) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (Jun 2020) (Pub. L. 109‐

282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204‐14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).

__ (7) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts (Oct 2016) (Pub. L.

111‐117, section 743 of Div. C).

_X_ (8) 52.209‐6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (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 (Mar 2020) (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]

__ (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 (Jun 2020) (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.

__ (19) 52.219‐14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

__ (20) 52.219‐16, Liquidated Damages‐Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219‐27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (Mar 2020)

(15 U.S.C. 657f).

_X_ (22) (i) 52.219‐28, Post Award Small Business Program Rerepresentation (Nov 2020) (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 (Mar 2020) (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 (Mar 2020 ) (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 (Mar 2020) (15 U.S.C. 637(a)(17)).

_X_ (27) 52.222‐3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222‐19, Child Labor‐Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

_X_ (29) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222‐26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222‐26.

__ (31) (i) 52.222‐35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222‐35.

_X_ (32) (i) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

__ (ii) Alternate I (Jul 2014) of 52.222‐36.

__ (33) 52.222‐37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

_X_ (35) (i) 52.222‐50, Combating Trafficking in Persons (Oct 2020) (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 (Oct 2015). (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.

__ (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 (Jan2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225‐3, Buy American‐Free Trade Agreements‐Israeli Trade

Act (Jan 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. 400

1 note, Pub. L. 103‐182, 108‐77, 108‐78, 108‐286, 108‐302, 109‐53, 109‐169, 109‐283, 110‐138, 112‐41, 112‐42, and 112‐43. $25K or more, but under $180K…this clause/alternates do not apply to sm. bus set‐asides, FPI, or

AbilityOne

__ (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 (Jun 2008)(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. 2302 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 (Jun 2020).

__ (56) 52.232‐29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

(41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (57) 52.232‐30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (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 (Feb 2006)

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

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

__ (iii) Alternate II( Feb 2006) 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. chapter 67).

_X_ (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)

(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).

_X_ (7) 52.222‐55, Minimum Wages Under Executive Order 13658 (Nov 2020).

_X_ (8) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215‐2, Audit and Records‐Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs(a),(b),(c), and(d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph(e)(1) in a subcontract for commercial 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 (Jun 2020) (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. (Aug 2020) (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)

(xiii)

(A) 52.222‐50, Combating Trafficking in Persons (Oct 2020) (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 (Oct 2015)(E.O. 12989).

(xvii) 52.222‐55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)

(A) 52.224‐3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224‐3.

(xx) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226‐6.

(xxii) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx.1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause”. when the head of the agency has waived the examination of records by the Comptroller General in accordance with 25.1001

Alternate II. (Nov 2020) As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: if ARRA funded

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section

3 or 8 G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the

Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the

Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause‐

(A) 52.203‐13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(B) 52.203‐15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun

2010) (Section 1553 of Pub. L. 111‐5).

(C) 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).

(D) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115‐232).

(E) 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.

(F) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

(G) 52.222‐26, Equal Opportunity (Sep 2016) (E.O. 11246).

(H) 52.222‐35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(I) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(J) 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.

(K) 52.222‐41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.chapter 67).

(L) ___(1) 52.222‐50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

___(2) Alternate I (Mar 2015) of 52.222‐50 (22 U.S.C. chapter 78 and E.O 13627).

(M) 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).

(N) 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).

(O) 52.222‐54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).

(P) 52.222‐55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(Q) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(R)(1) 52.224‐3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(2) Alternate I (Jan 2017) of 52.224‐3.

(S) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(T) 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.

(U) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of

FAR clause 52.247‐64 .

PART III: LIST OF DOCUMENTS, EXHIBITS & OTHER ATTACHMENTS

SECTION J. ATTACHED DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The attachments listed below form a part of this Request for Quotations and any resultant contract:

Title Pages

STATEMENT/DESCRIPTION OF WORK 08 PAGE

SPECIES CODES 01 PAGES

EXAMPLE ORDER 03 PAGES

NOTE: IN COMPLIANCE WITH THE PAPER REDUCTION ACT, FAR CLAUSES 52.212‐3, 52.212‐1 AND 52.212‐2 AND

ADDENDUMS ATTACHED THERETO, WHICH APPLY ONLY TO THE SOLICITATION PHASE, ARE NOT DUPLICATED

AFTER CONTRACT AWARD. HOWEVER, THEY ARE INCORPORATED BY REFERENCE INTO THE RESULTING

CONTRACT.

PART IV: REPRESENTATION & INSTRUCTIONS

SECTION K. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

52.212‐3 Offeror Representations and Certifications ‐‐ Commercial Items (Jan 2021) Incorporated by Reference

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.

52.204‐7 System for Award Management (Oct 2018) Incorporated by Reference

SECTION L. INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

An Offeror is required to be registered in SAM when submitting an offer or quotation and shall continue to be registered until time of award, during performance, and through final payment of any order contract.

Offers are due by: JULY 22, 2021 at 04:00 p.m. Pacific Time

Offers must be submitted by email to: ANNIE PROUT‐GARCIA annie.prout‐garcia@usda.gov

To be considered for competition, offers must be received, completely, by the closing date and time. Offers must be signed and dated.

To be considered valid, an offer must contain, at minimum:

• Form 1449 signed by authorized person from offering company

• SECTION B: Completed with Individual Item Pricing and Signed, no range pricing or alternative pricing options will be accepted.

• Past Performance information (using the Experience Questionnaire or your own format)

DO NOT return an entire copy of this solicitation. The offer should contain the offeror’s best terms from a price and technical standpoint, and sufficient documentation to support evaluation using the factors listed under

Evaluation, below.

52.212‐1 Instructions to Offerors ‐‐ Commercial Items (JUN 2020) Incorporated by Reference

L.1 FAR 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 these addresses:

FAR: www.acquisition.gov/far AGAR: www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATIONS (FAR)

52.223‐1 Biobased Product Certification (MAY 2012)

52.216‐1 Type of Contract (APR 1984)

L.2 AGAR 452.219‐70 Size Standard and NAICS Code Information (JAN 2005)

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): ALL

NAICS Code: 113210

Size Standard: $11M

The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is

500 employees.

L.3 FAR 52.237‐1 SITE VISIT (Apr 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

L.4 FAR 52.233‐2 Service of Protest (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

ANNIE PROUT‐GARCIA

Central California Acquisition Service Area

631 Coyote Street

Nevada City, CA 95959

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

SECTION M. EVALUATION

The Government will award an agreement resulting from this solicitation using simplified acquisition procedures. The following factors shall be used to evaluate offers: Price and Past Performance.

FACTOR 1. PAST PERFORMANCE.

Furnish a list of three projects of relevant and similar magnitude completed by the firm within the last five years. For each project cited, provide:

a) the name of the project,

b) the location of the project,

c) the total cost of the project,

d) brief narrative of the project (less than ½ page per project),

e) name of the Government Agency, Company, or Individual contracting the work,

f) the name and phone number of the Contracting Officer, project Engineer (if a non‐ government project), or individual administering the project,

g) any evaluations that you received.

The technical proposal must address past performance for both the Offeror and any proposed major subcontractors. Companies lacking relevant past performance history will be evaluated on past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to this acquisition.

FACTOR 2. PRICE

Provide your most competitive price on the Schedule of Items in Section B.

Note: unit price prevails; all pricing should be in the format of dollars and cents.