1284LL24Q0013 Coeur dAlene Nursery Transportation Solicitation.pdf

Solicitation Number: 1284LL24Q0013

(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 a Request for Quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-02.

(iv) This procurement is set aside for Small Businesses. The NAICS code is 484230, and the Small Business Size Standard is $34 Million.

(v) Schedule of Items/Price Schedule

The requirement is for dedicated refrigerated transportation services. Below, two examples will be used to generate quotes for evaluation. The examples below are not real shipments and are only for quote generation.

Quote example 1:

Ship From:

Coeur d’Alene ID, 83815

Ship To:

Kooskia ID, 83539

Details: (10) Pallets, 40x48x60, 850 lbs each, total shipment weight is 8,500lbs, Lift gate is required, vehicle must be refrigerated between 32 – 36 degrees. Dedicated vehicle is required.

Quote example 2:

Ship From:

Coeur d’Alene ID, 83815

Ship To:

Butte MT, 59701

Details: (20) Pallets, 40x48x60, 850 lbs each, total shipment weight is 17,000 lbs, Lift gate is required, vehicle must be refrigerated between 32 – 36 degrees. Dedicated vehicle is required.

1284LL24Q0013 Coeur d’Alene Nursery Transportation BPA

Coeur d’Alene Nursery Transportation BPA

Forest Service

Contracting Officer

Shawn Trout

Shawn.Trout@usda.gov

802-613-7644 mailto:Shawn.Trout@usda.gov

Contents Section 1: Purpose

1.1 Purpose

1.2 BPA Period of Performance

1.3 BPA Extent of Obligation

1.4 Purchase Limitations

1.5 Individuals Authorized to Issue a Transportation Order

Section 2: Scope

2.1 Background

2.2 Definitions

2.3 Technical Requirements / Tasks

2.4 Deliverable / Schedule

2.5 Government Furnished

2.6 Travel

2.7 Contractor’s Key Personnel

2.8 Security Requirements

2.9 Data Rights

2.10 Section 508 - Electronic and Information Technology Standards

2.11 Performance Requirement Measures

Section 3: Administrative Matters

3.1 Delivery Tickets

3.2 Invoices

3.3 Cancellation of BPA

3.4 On-Ramp Procedures

3.5 Off Ramp Procedures

3.6 Modifying the BPA

3.7 Contracting Officer

3.8 Contracting Officer’s Representative

Section 4: Call Procedures

4.1. Fair Opportunity

4.2 Transportation Order Evaluation Criteria

4.3 Issuance of Request for Quote

4.4 Transportation Order

Section 5: Terms and Conditions

Clauses

Provisions

Section 1: Purpose

1.1 Purpose

The US Forest Service intends to establish multiple-award Blanket Purchase Agreements (BPAs) to provide the Coeur d’Alene Nursery transportation services.

Up to three (3) Blanket Purchase Agreement/s (BPAs) will be awarded in response to this solicitation. A BPA is a simplified method of filling anticipated repetitive needs for supplies or services by establishing “charge accounts” with qualified sources. This is a Request for Quotations (RFQ) to establish a pool of vendors who can provide the services outlined in the Performance Work Statement (PWS)

The contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, and other incidentals necessary to perform transportation and delivery services for the Coeur d’Alene Nursery.

These services are typically required between March and June and September and October. Most of the services will be needed during the spring; however, some shipments may occur outside of those months.

1.2 BPA Period of Performance

This BPA consists of a five (5) year ordering period.

• Ordering Period 1: March 25th, 2024 THRU March 14th, 2025

• Ordering Period 2: March 15th, 2025 THRU March 14th, 2026

• Ordering Period 3: March 15th, 2026 THRU March 14th, 2027

• Ordering Period 4: March 15th, 2027 THRU March 14th, 2028

• Ordering Period 5: March 15th, 2028 THRU March 14th, 2029

1.3 BPA Extent of Obligation

The Government is only obligated to the extent of authorized transportation orders placed against this

BPA by authorized personnel against authorized services.

1.4 Purchase Limitations

The limitation for each transportation order under this BPA shall not exceed $25,000.

1.5 Individuals Authorized to Issue a Transportation Order

Transportation Orders against the BPA can be made by the COR of the BPA or any government employee of the Coeur d’Alene Nursery and signed off by any warranted contracting officer within the

Intermountain Zone, CSA #1. This BPA is explicitly created for and will only be utilized by the Coeur d’Alene Nursery.

A memorandum for record will annotate the personnel authorized to issue a transportation order, and who may sign off on the order. This memorandum will be sent to the contractors and be maintained with the BPA.

1.6 Contracting Officer – Shawn Trout, Shawn.trout@usda.gov

1.7 Contracting Officers Representative (COR) – Christopher Brown, christopher.l.brown@usda.gov

Section 2: Scope

2.1 Background

The Coeur d’Alene Nursery, operated by the Forest Service, is the National Forests and Grasslands' primary plant production facility in region 1 (Montana, North Dakota, South Dakota, and northern

Idaho). The Nursery also serves clients in Washington, Oregon, Wyoming, and periodically other states.

The Nursery primarily produces conifer tree seedlings for reforestation of federal, tribal, and state lands throughout the Region but also produces non-conifer seedlings, seed mixes, and other plant materials for restoration and revegetation efforts. These highly perishable and sensitive plant materials are stored in boxes before delivery, typically frozen or chilled, and must be maintained at appropriate temperature and humidity throughout the delivery process. Most plant materials are shipped from the Nursery during the annual planting season from March to June. However, a smaller volume is shipped in the fall planting season (September to October) and periodically throughout the rest of the year. Typical deliveries are of a volume and nature requiring a semi-truck or large cargo truck with climate control capacity. Deliveries usually consist of 10-20 pallets of boxes (15-25 boxes per pallet; standard boxes are approx. 14” H x 14” W x 28” L). Pallets are industry standard 48” x 48” or 40” x 48”, wrapped with packing materials, and labeled in keeping with industry standards. Average shipping volumes for past years have been 10,000-16,000 boxes annually. This translates to 35-45 delivery trips annually, with 30-

35 occurring in spring and the remainder occurring throughout the rest of the year, primarily in the fall.

Total delivery miles are estimated to be 8,000-15,000 loaded miles per year, although a minimum or maximum mileage is not guaranteed.

Delivery locations vary greatly in distance and infrastructure. Most delivery locations are within 500 miles of Coeur d’Alene, Idaho. Some locations are well established on paved roads and will receive a large semi-truck without issue, but some locations are remote and will require travel on gravel, poorly maintained, or steep and winding roads. Some deliveries are to very rural and underdeveloped areas.

Delivery locations typically cannot unload trucks at a loading bay or with forklifts, so delivery trucks equipped with liftgates are appropriate. Some delivery locations are to established addresses and receipt points with forklifts, but some delivery locations are remote and will require special instructions and handtruck/lift-gate unloading. Due to the highly perishable nature of the plant materials and the volume of deliveries being processed during the shipping season, a high degree of communication and mailto:Shawn.trout@usda.gov mailto:christopher.l.brown@usda.gov coordination is needed between personnel at the Nursery, the shipper, and personnel at receiving locations.

Coeur d’Alene address is 3600 W Nursery Rd, Coeur d’Alene, ID 83815

2.2 Definitions

“Nursery” – the USDA Forest Service Nursery located in Coeur D’ Alene, Idaho, and the point of origin for shipments.

“Box” – Cardboard container of plant material, typically conifer seedings, ranging from 20-500 perishable seedlings per box. A box generally is approximately 28” x 14” x 14”, weighing 10-80 lbs.

depending on contents. However, “Box” may also indicate a cardboard container of a different size, plastic container, tray, woven seed bag, or other container type not specified. All such boxes and containers will be packaged on standard-sized pallets.

“Pallet” – standard wooden shipping pallet, typically either 48”x48” or 48”x40”, but possibly 36” x 36”.

Pallets usually hold 16-20 boxes, typically wrapped with standard packaging materials and labeled appropriately.

2.3 Technical Requirements / Tasks

2.3.1 – Provide a dedicated, refrigerated vehicle(s) and driver(s) capable of palletized shipments of perishable plant materials from the Coeur D’ Alene Nursery to delivery destinations. Selection of the appropriate size and nature of the transport vehicle(s) is under the discretion of the contractor, with consideration given to load size, the nature of the route, road conditions, and conditions at the point of receipt (some delivery locations are not conducive to semi-truck travel).

2.3.2 – Receive shipments at the point of origin and load vehicles according to safe and standard practices, ensuring the integrity of pallets, boxes, documentation/labels, and contents. Deliver shipments to final destinations using the most efficient route possible and provide unloading services as needed, up to and including lift-gate service.

2.3.3 – Complete loading and unloading of deliveries during regular operating hours (0500-1600, Monday-Friday) unless otherwise agreed upon by the contractor and the government in advance. The contractor shall be at the loading point (Nursery) and ready to accept the cargo when scheduled for the load.

2.3.4 – Maintain appropriate climate conditions within transportation vehicles(s). Appropriate cargo area conditions are always 10-50% ambient relative humidity and 32-36 degrees Fahrenheit. No deviations from these parameters will be accepted unless agreed upon by both parties.

2.3.5 – Maintain communication with the Nursery regarding shipment scheduling, anticipated delivery timelines, and any delays or rescheduling needs. Shipments will be scheduled no less than one week before the anticipated pick-up from the Nursery.

2.3.6 – Maintain communication with delivery recipients regarding arrival times, load conditions, complications/delays, and lead-time notification, as agreed upon between all parties.

2.3.7 – Retain and maintain all appropriate documentation, certifications, phytosanitary inspections, and receipts required by the Nursery, as well as comply with all federal, state, and local regulations regarding travel and transportation.

2.3.8 – Make deliveries to receiving locations within two calendar days of delivery pick up unless otherwise agreed upon by the Nursery and delivery recipients before the delivery.

2.3.9 – At the behest of the Nursery, accept and maintain probe-type thermometers/data loggers (limit of one per load) to be placed in the cargo box with the cargo to monitor climate conditions during cargo transit. Under no circumstances will the contractor modify, tamper with, or manipulate probes/data loggers or associated data.

2.3.10 – Nothing else shall be carried in the cargo areas of vehicles while the contractor is delivering

Nursery pallets/plant materials except for articles related to the operation of the vehicle and loading/unloading. All materials shall be handled to prevent damage/crushing of boxes, pots, bags, or other plant materials or containers.

2.4 Deliverable / Schedule

Key Deliverables

Item No.

Deliverable Objective Due

1 Vehicle(s) & Driver(s) / Delivery Services

Load, transport, and unload palletized boxes of seedlings and plant materials.

Throughout the year, as needed, upon at least one week notification by Nursery scheduling personnel.

2.5 Government Furnished

2.5.1 – The Government will provide anticipated delivery schedules for shipments.

2.5.2 – The Government will provide the contractor with delivery addresses, maps pinpointing delivery locations, expected road and travel conditions at the delivery locations, a mileage chart based on current information sources (i.e., Rand McNally Road Atlas, Google Maps), and a history of past trips upon request by the contractor.

2.5.3 – The Government will provide personnel to direct delivery vehicle loading at the Nursery. The

Nursery maintains a semi-truck loading bay for this purpose, and personnel will be present to assist with the loading bay and monitor loading and handling. When in the government's best interest, personnel may help with loading.

2.5.4 – The Government will provide personnel to direct receipt of the delivery at the point of delivery.

Recipients may provide loading bay access and forklift services to assist with unloading. However, these services are subject to availability at the delivery locations and are not a substitute for lift-gate requirements.

2.5.5 – The Government will provide point-of-contact information for each delivery for Nursery personnel (loading) and delivery recipients (unloading).

2.5.6 – At the discretion of the Government, the Government will provide probe-type thermometers/data loggers for inclusion with each shipment to monitor conditions within the cargo environment. These items will be the contractor's responsibility but will remain the property of the

Government. The government will collect data and maintain the data recorders.

2.6 Travel

Apart from scheduled deliveries, no travel by contractors or government personnel is required. No reimbursements will be made for travel or incidentals outside the scope of scheduled plant material deliveries.

2.7 Contractor’s Key Personnel

The contractor will provide an account manager to communicate the status of each shipment with government personnel at the Nursery and delivery locations.

2.8 Security Requirements

No security requirements or clearances are needed.

2.9 Data Rights

Not applicable to this contract.

2.10 Section 508 - Electronic and Information Technology Standards

Not applicable to this contract.

2.11 Performance Requirement Measures

Performance Objective

Required Task or Deliverable

Performance Standard

Method of Surveillance

Positive/Negative Incentive % for NOT meeting the Task

Timely loading and receipt of cargo at the Nursery (PWS Items 3.1, 3.3)

The contractor vehicle(s), operator(s), and loader(s) shall arrive at the Nursery at the agreed-upon time to receive the cargo for each delivery.

Trucks shall come within 1 hour of the predetermined loading time.

Trucks shall be loaded within 1 hour of arrival.

Nursery personnel will be on-site monitoring cargo loading and duration.

Each hour of delay beyond the initial hour will incur a fee of $50.00, which will be deducted from the next invoice payment to the contractor.

Timely delivery and unloading of cargo at destination (PWS Items 3.2, 3.6, 3.8)

The contractor shall transport and unload cargo loads in the timeframe established at time of order.

For each load, all necessary elements for delivering/unloading cargo shall be present at the delivery location within one hour of the predetermined shipment estimated arrival time (ETA) unless delays and rescheduling are communicated to government personnel.

Government personnel will be on-site to accept delivery and monitor cargo condition at the delivery ETA and location.

Each hour of delay beyond the initial hour will incur a fee of $50.00, which will be deducted from the next invoice payment to the contractor.

Care and integrity of cargo during transit (PWS Items 3.4, 3.7, 3.11)

The contractor shall transport plant material and associated

For each load, cargo handling, transport, and climatic conditions shall be of such a nature as to retain the maximum integrity of plant materials and

Government personnel will monitor cargo conditions at both loading and unloading locations.

Thermometers/data loggers will be used

If packaging/boxes/pallets are determined to be damaged at the point of delivery, the contractor will be liable for the market cost of all plant materials and packaging documents under acceptable conditions.

packaging. The integrity of package labels, bills of lading, and associated documents shall be maintained throughout transit.

by government personnel during transit and at the point of delivery to monitor plant material conditions inside and outside of boxes.

associated with damaged containers. If climatic conditions within the cargo box are determined to be outside of the acceptable specified temperature range for more than two cumulative hours per load, the contractor will be held liable for the market value of all the contents of that load.

Section 3: Administrative Matters

3.1 Delivery Tickets

All services under this agreement shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

• Name of supplier.

• BPA number.

• Date of purchase.

• Purchase/Call number.

• Itemized list of units furnished.

• Quantity, unit price, and extension of each item, less applicable discounts.

• Date of delivery or shipment

3.2 Invoices

A summary invoice shall be submitted monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets.

Invoices shall be submitted to the contracting officer by the last day of each month.

Invoices shall be submitted to the Invoice Processing Platform (IPP) at www.ipp.gov. All vendors selected for the award of a BPA will be required to register in the IPP system.

3.3 Cancellation of BPA

Either party may cancel this BPA with 30 days written advance notice. BPA cancellation does not release the BPA contractor from the duty to continue performance on existing calls.

3.4 On-Ramp Procedures

The Government will review BPA performance and requirements regularly (at least yearly) and determine the necessity of on-ramping. The Government reserves the right to announce and issue a new solicitation for (i) adding additional Contractors to expeditiously meet the requirement as the need for increased demand for transportation materializes;

and (ii) increasing the small business pool of Contractors, and (iii) increasing competition. The

Government may implement on-ramp procedures at any time by reopening the competition and utilizing the same basis of award established in the initial solicitation. Any resulting BPA(s) awarded will include the same terms and conditions as the current basic contract. Implementing this procedure will not affect the overall period of performance for the basic agreement.

3.5 Off Ramp Procedures

The Government reserves the right to implement off-ramp procedures, which would result in removing

BPA holders. The criteria for off-ramping may include, but are not limited to, BPA holders not proposing on order request(s), not having at least one order award, and unsatisfactorily meeting the SOW requirements. If implemented, off-ramp procedures remove BPA holders by not exercising the next available ordering period or canceling the BPA.

The contractor may withdraw from this BPA upon written request to the Contracting Officer.

Withdrawal from the BPA does not affect awarded calls.

3.6 Modifying the BPA

This Blanket Purchase Agreement shall be changed only by modifying the agreement and not by individual orders issued under it. Only the Contracting Officer identified in section 1.6 or their designated successor may modify this BPA.

3.7 Contracting Officer

The CO has the overall responsibility for the administration of this BPA. The CO is authorized to act on the Government's behalf to amend, modify, or deviate from the BPA terms, conditions, requirements, specifications, details, and delivery schedules. However, the CO may delegate specific other responsibilities to their authorized representative. The CO is the only individual authorized to direct and redirect the effort or in any way amend any of the terms of this BPA. Any changes made by the Vendor without CO authority will be made at the Vendor’s own risk.

3.8 Contracting Officer’s Representative

The COR is responsible for administering the performance of work under each call. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of the BPA or call be effective or binding upon the Government unless formalized by proper contractual documents executed by the CO before the change. Whenever, in the opinion of the Vendor, the COR requests effort outside the scope of the BPA or call, the Vendor should advise the CO. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

Section 4: Call Procedures

4.1. Fair Opportunity

All BPA awardees will be given the opportunity to compete for transportation orders.

4.2 Transportation Order Evaluation Criteria.

Each transportation order quote will be evaluated based on the proposed method, past performance, delivery, and price.

4.3 Issuance of Request for Quote.

Authorized personnel will submit a transportation order quote request to vendors. This quote request will highlight all the pertinent information on the shipment, which will include, at a minimum, the following information:

• Pick up address

• Pick up date

• Delivery address

• Required date of delivery

• Number of pallets

• Total weight of shipment

• Refrigeration requirements

• Liftgate requirements

• Any special instructions or requirements

The RFQ will be issued by email to all vendors. Vendors must submit their quotes within 48 hours of receiving a transportation order quote request. The transportation order will be a firm fixed-price order.

4.4 Transportation Order

Once an award determination is made, a legally binding, firm-fixed-price transportation order will be issued to the successful BPA vendor and signed by a warranted contracting officer. No transportation will begin until the vendor has received a signed transportation order. Each transportation order will be subject to the terms and conditions outlined in this BPA.

Section 5: Terms and Conditions

Clauses

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

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) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

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

(NOV 2023)

Addenda to 52.212-4:

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

Orders– Commercial Products and Commercial Services (DEC 2023) )[DEVIATION JAN

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. 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)).

☐ (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.)

https://www.usda.gov/da/ocp/ppd/policies-regulations https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf

☒ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (Whistleblower

Guidance to Contractor Employees)

☐ (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) [Reserved].

☐ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

Division R of Pub. L. 117-328).

☐ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders – Federal Supply

Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts (Dec 2023)

(Pub. L. 115-390)

☐ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition. (Dec

2023) (Pub. L. 115-390, title II)

☐ (ii) Alternate I (Dec 2023) of 52.204-30.

☐ (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).

☐ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

☐ (14) [Reserved].

☐ (15) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15

U.S.C.657a).

☐ (16) (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).

☐ (17) [Reserved]

☒ (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.

☐ (19) (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.

☐ (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and

(3)).

☐ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (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 2023) of 52.219-9.

☐ (22) (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

☐ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s)

[Contracting Officer check as appropriate.] 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

☐ 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.

☐ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

☐ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct

2022) (15 U.S.C. 657f).

☒ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023) (15

U.S.C. 632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of 52.219-28.

☐ (27) 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)).

☐ (28) 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)).

☐ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15

U.S.C. 644(r)).

☐ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☐ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023)

(E.O.13126).(DEVIATION JAN 2024)

☒ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222-26.

☐ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (Jul 2014) of 52.222-35.

☒ (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.

☐ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

☒ (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).

☐ (40) 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.)

☐ (41) (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.)

https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf

☐ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (Jun 2016) (E.O. 13693).

☐ (44) (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.

☐ (45) (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.

☐ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

☐ (47) (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.

☒ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun

2020) (E.O. 13513).

☐ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).

☐ (51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

☐ (52)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

☐(ii) Alternate I (Oct 2022) of 52.225-1

☐ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (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 (Nov 2023) of 52.225-3 (DEVIATION JAN 2024).

☐(v) Alternate IV (Oct 2022) of 52.225-3.

☐ (54) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (55) 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).

☐ (56) 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).

☐ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

☐ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

☐ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf

☐ (60) 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).

☐ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services

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

☒ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct

2018) (31 U.S.C. 3332).

☐ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C.3332).

☐ (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (67) (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

31364 Truck Driver, Tractor-Trailer WG-08 / $25.95 / hour

☐ (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).

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

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May

2014) (41 U.S.C. chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

☒ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan

2022).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42

U.S.C. 1792).

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

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.

3509).

(ii) 52.203-17, 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).

(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).

(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 (Sep 2023) (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)

(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.

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.

(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.

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) https://www.usda.gov/sites/default/files/documents/agar-class-deviation-contract-closeout-clause.pdf https://www.acquisition.gov/browse/index/far

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

52.201-1 Acquisition 360: Voluntary Survey (SEP 2023)

(a)All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link:

https://www.acquisition.gov/360.

(b)The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

52.204-7 System for Award Management (OCT 2018)

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

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP

2023)

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 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, the technical proposal shall include:

i) Experience Questionnaire – attached to this solicitation will be an experience questionnaire. When filling it out, answer the questions based on the requirement or service needed, such as refrigerated transportation.

https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://www.acquisition.gov/360 https://www.sam.gov/SAM/

iii) Technical Capability – Provide a narrative on what the capabilities are for your company and how those capabilities will satisfy the services required by the Coeur d’Alene Nursery.

iii) Past Performance –The government may use past performance information from any available source. If a company does not have past performance information available, information may be provided for predecessor companies, key personnel, or subcontractors. If there is no past performance information available, the offeror will receive a neutral rating in this factor.

b) Price Proposal – Since the shipping requirement can vary from transportation order to transportation order, the pricing proposals will be for evaluation only and not indicative of any requirement. Provide two quotes for two shipments highlighted in the items' schedule.

c) Representations and Certifications – Fill in the check boxes for provisions 52.204-24, 52.204-

29, 52.212-3, and include a copy with your offer.

3) Submit documentation by emailing to shawn.trout@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Technical Proposal, Price

Proposal, and Representations and Certifications) in Microsoft Word, Excel, or…