12FPC324Q0082 Combined Synopsis-Solicitation MT Snow Survey Services RFQ.docx

12FPC324Q0082

COMBINED SYNOPSIS/SOLICTITATION

For Manual Snow Survey Data Collection USDA NRCS-Montana

PLEASE READ THIS NOTICE CAREFULLY AS IT CONSTITUTES THE ONLY NOTICE THAT WILL BE ISSUED

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

QUOTES ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED.

ii. The solicitation number 12FPC324Q0082 is being issued as a Request for Quotation (RFQ). The acquisition procedures at FAR Parts 12 & 13 are being utilized. The Government anticipates the award of one firm fixed-priced contract resulting from this solicitation. Award will be made to the responsible quoter whose quote responds to the terms of this RFQ and is the best value for the Government.

iii. This RFQ documents and incorporates provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 2024-05 effective May 22, 2024.

iv. This solicitation is being conducted as a 100% small business set-aside. The North American Classification System Code (NAICS) is 541690, Other Scientific and Technical Consulting Services; the size standard is $19.0M. For more information on size standards visit http://www.sba.gov/size. Active SAM registration is required in order to be awarded this contract and must remain active throughout the period of performance.

v. Contract Line Item Numbers (CLINS): See Attachment 2, Quote Sheet.

vi. Description of Services: The Contractor shall furnish the necessary personnel, supplies, materials, and incidentals necessary to provide manual snow survey data collection services for NRCS-Montana in accordance with the work statement attached to and hereby made a part of this solicitation.

vii. Date(s) and Place(s) of Delivery and Acceptance:

The performance period of the base year is estimated to be December 1, 2024-November 30, 2025 with four (4) one-year option periods. Place of performance will be throughout the state of Montana.

viii. The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition. Offerors must read and follow the additional instructions contained within this solicitation to receive consideration.

52.212-1 Instructions to Quoters-Commercial Products and Commercial Services (Sept 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits a quote, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees or 150 employees for information-technology value-added resellers under NAICS code 541690, if the acquisition-

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or (3 )Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of quotes. Submit signed and dated quotes to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotes may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of quotes;

(3) The name, address, and telephone number of the quoter;

(4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.2123(b) for those representations and certifications that the quoter shall complete electronically);

(9) REMOVED;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) REMOVED.

(c) REMOVED.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotes. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during pre-award testing.

(e) REMOVED;

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate quotes and award a contract without discussions with quoters. Therefore, the quoter’s initial quote should contain the quoter’s best terms from a price and technical standpoint. However, the Government reserves the right to request clarifications if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in quotes received.

(h) REMOVED;

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101–29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by—

(i) Using the ASSIST feedback module ( https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571–767–6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier. (k) [Reserved]

(l) REMOVED.

ix. 52.212-2, Evaluation - Commercial Products and Commercial Services (Nov 2021) does not apply to this solicitation. Instead, the following evaluation procedures will be used.

(a) The Government will award one (1) Firm Fixed Price contract resulting from this solicitation. Award will be made to the Lowest Price Technically Acceptable (LPTA) quote. The technical factors consist of three (3) factors. The evaluation team will give the technical factor and “Acceptable” or “Unacceptable” determination before moving onto the price analysis for those with an “Acceptable” technical determination. Once the evaluation team reaches its Lowest Price Technically Acceptable quote, the evaluation will stop and no other quotes will be considered for award. The following shall be used to evaluate quotes:

i. Technical Factor 1: Personnel Qualifications/Technical Capability: Technical capability includes qualifications, experience, capacity, and strategy for executing the work.

ii. Technical Factor 2: Compliance/Capacity, Management Capability

iii. Technical Factor 3: Past Experience

iv. Factor 4: Price Pricing that is unrealistically low may be considered an indication that an offeror does not possess adequate understanding of the requirement or the requisite technical capability to successfully perform the work.

(b) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quoter’s specified expiration time, the Government may accept a quote (or part of a quote) unless a written notice of withdrawal is received before award.

The following factors shall be used to evaluate offers:

TECHNICAL FACTOR 1 – Personnel Qualifications/Technical Capability Instructions to Quoter – Quoters must be familiar with manual snow survey data collection services as specified in the work statement as well as demonstrate that they possess specific knowledge of manual snow survey data collection. Quoters will illustrate that key project personnel collectively have the ability, through application of professional knowledge and experience regarding manual snow survey data collection services. Offerors should demonstrate they have the personnel to satisfactorily complete the work.

Evaluation Criteria - To be considered qualified technically, the quoter must be familiar with manual snow survey data collection services as specified in the work statement as well as demonstrate that they possess specific knowledge of manual snow survey data collection services. Quoter must demonstrate a clear understanding of all requirements and demonstrate that as a contractor, they have technical expertise in providing the specified manual snow survey data collection services. The quoter must also demonstrate they have the necessary expertise and personnel to furnish the service described in the work statement.

TECHNICAL FACTOR 2 – Compliance/ Capacity, Management Capability Instructions to Quoter: The quoter shall possess experience with manual snow survey data collection services as specified in the work statement. Quoter shall submit a well-defined general plan of work to successfully accomplish the work described in the work statement. The general plan of work shall include a strategy for managing all elements of the work and a strategy for adhering to project schedules. The quoter shall include descriptions of similar project experience in the past 3 years. The quoter shall describe how they currently have the capacity and how they plan to accomplish the work in the required timeframes. Evaluation will be based on the ability to accomplish work according in the time frames identified in the work statement.

Additionally, the quoter shall describe and support, with examples, the quality and timeliness of performance under previous contracts. Include a minimum of 2 references with the following information: (a) Company/Government Name, (b) complete address, (c) point of contact, (d) telephone/email address, (e) contract number, (f) contract type, (g) contract amount at award, (h) contract amount at completion, (i) brief description of work provided, (j) any special problems encountered and actions taken to adapt to customer’s needs.

Evaluation Criteria: Quoters will be evaluated on the ability to comply with the terms and conditions of the contract and experience in providing manual snow survey data collection services. The quoter will also be evaluated in their ability to meet schedules and deadlines, and they will be evaluated on their ability to provide timely and quality services according to the timeframes identified in the work statement through effective quality assurance and quality control protocols. Areas of consideration will include having experience with manual snow survey data collection services as specified in the work statement. Quoter must demonstrate previous experience working on similar projects and managerial expertise required to meet the contract requirements. The quoter will also be evaluated on past performance and the quoter’s demonstrated commitment to customer satisfaction and timely delivery of quality services at fair and reasonable prices.

TECHNICAL FACTOR 3 – Past Experience An evaluation panel will conduct a past experience evaluation that examines a quoters recent and relevant past performance record to determine a contractor’s relevant history with manual snow survey data collection services. The technical evaluation will consider the currency and relevance of the information, source of the information, and context of the data. The purpose of this technical factor evaluation is to allow the Government to assess the quoter’s ability to perform the effort described in this solicitation, based on the quoter’s historical experience.

Instructions to Quoter: Provide a list of no more than three (3) of the most relevant contracts performed for Federal agencies and commercial customers within the last five (5) years. Only references for relevant and recent past efforts/contracts are desired. The Government will evaluate relevant performance relative to the requirements of this RFQ, and the attached SOW. The Government will use information submitted by the quoter to independently verify Contractor Responsibility. The Government may review past performance records, such as CPARS, FAPIIS, verifying references, etc. Items that will be considered are general trends in the quoters performance, the number and severity of problems, the effectiveness of any corrective actions taken, and the offeror's overall performance record. Relevant performance includes technical expertise in manual snow survey data collection services. The past performance should include the following information: (a) Company/Government Name, (b) complete address, (c) point of contact, (d) telephone/fax number, (e) contract number, (f) contract type, (g) contract amount at award, (h) contract amount at completion, (it) brief description of work provided.

Evaluation Criteria: The offeror will be evaluated by the following:

(a) Recency: The ability to prove performance within the last five (5) years.

Relevancy: The ability to prove performance of relevant work, relevant to this requirement. Areas of consideration will include having qualified personnel with previous experience working as a team on similar projects within the area in which manual snow survey data collection services are required per the SOW.

FACTOR 4 - Price Instructions to Quoter: Quoter should complete Attachment 2, Quote Sheet.

Evaluation Criteria: To evaluate quotes for award purposes, the Government will apply the quoter’s proposed fixed-prices/rates to the estimated quantities included in the solicitation. These prices will be evaluated to determine reasonableness of the price. A comparison of the proposed prices, government estimate, and/or market values will be used. Quoters are put on notice that any quotes that are unrealistic in terms of technical commitment or unrealistically low in price, will be deemed reflective of an inherent lack of technical competence or indicative of failure to comprehend the complexity of contract requirements and may be grounds for rejection of the quote.

x. Quoters are required to complete the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. This must be completed at SAM.gov and the registration in an “active” status and be designated as a small business.

xi. The clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition and addenda are not attached.

xii. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services, applies to this acquisition and the following additional FAR clauses cited in the clause are applicable to this acquisition:

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in the contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020) 52.219-28 Post Award Small Business Program Rerepresentation (Sep 2023) 52.222-3 Convict Labor (June 2003) 52.222-21 Prohibition of Segregated Facilities (April 2015) 52.222-26 Equal Opportunity (Sept 2016) 52.222-35 Equal Opportunity for Workers with Disabilities (Jun 2020) 52.222-50 Combatting Trafficking in Persons (Nov 2021) 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (Oct 2018)

(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 the contract by reference to implement provisions of law or Executive Orders applicable to acquisitions of commercial products and commercial services:

52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 13685 (Jan 2022) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022)

xiii. Additional contract requirement(s) or terms and conditions determined by the Contracting Officer to be necessary for this acquisition and consistent with customary commercial practices:

52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (Nov 2021)

(a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information .

Federal contract information means information , not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information , such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data , or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502). Safeguarding means measures or controls that are prescribed to protect information systems .

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems . Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems ).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems .

(iv) Control information posted or processed on publicly accessible information systems .

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems , equipment , and the respective operating environments to authorized individuals .

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems ) at the external boundaries and key internal boundaries of the information systems .

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems .

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts . The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services , other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system .

52.216-1 Type of Contract (Apr 1984) The Government contemplates award of one firm fixed-priced contract resulting from this solicitation.

52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor at any time prior to contract expiration.

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor at any time prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 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 5332.

This Statement is for Information Only:

Service Contract Labor Standards Wage Determinations The following Department of Labor wage determinations are incorporated into this contract. Wage determinations may be found at: https://beta.sam.gov/search?index=wd Wage Determinations 2015-5399 Rev. 22, dated 05/08/2024

CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer (CO) is the only person authorized to approve changes in any of the requirements of this contract. This authority remains solely with the CO. In the event that the Contractor effects any change at the direction of any person other than the CO, the change will be considered to have been made without authority and NO adjustment will be made in the contract price to cover any INCREASE in costs incurred as a result thereof.

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PAYMENT PLATFORM (IPP)

Invoices must be submitted electronically through the U.S. Department of the Treasury’s Invoice Payment Platform System (IPP) or the Contractor must be willing to accept payment by Government purchase card.

The Contractor must use the IPP website (https://www.ipp.gov) to register, access, and use IPP for submitting invoices. Contractor assistance with enrollment can be obtained by calling (866) 973-3131.

Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing.

452.204-70 Modification for Contract Closeout (DEVIATION JULY 2022) “Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR Part 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.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.”

452.211-74 Period of Performance (Feb 1988) The estimated period of performance for the base period is December 1, 2024 – November 30, 2025.

452.224-70 Confidentiality of Information. (Feb 1988)

(a) Confidential information, as used in this clause, means-

(1) Information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

452.237-75 Restrictions against Disclosure. (Feb 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement. (b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

452.246-70 Inspection and Acceptance (FEB 1988)

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

(b) Inspection and acceptance will be performed by NRCS-Montana.

xiv. Please refer to the following documents which are hereby incorporated and made a part of this solicitation:

· Attachment 1 – Work Statement (3 pages)

· Attachment 2 – Quote Sheet (1 page)

· Attachment 3 – Vendor Information Sheet (1 page)

xv. Quotes are due no later than August 6, 2024, 5:00pm ET.

xvi. Quotes will be directed to the following:

Emailed quotes will be accepted. Quotes shall be submitted on company letterhead, signed, dated and sent via email to Amy Smith, Contract Specialist at amy.smith2@usda.gov no later than August 6, 2024, 5:00pm ET.

a. Pricing and Certifications Quoters shall utilize Attachment 2 to this solicitation to submit pricing quotations.

xvii. The Government intends to make an award based on the best value to the Government. In order to be considered, a contractor must submit the following in response to this RFQ (failure to provide this information will result in a non-responsive quote):

1. Technical Capability Narrative;

2. Completed Quote Sheet (Attachment 2);

3. Completed Vendor Information Sheet (Attachment 3); and

4. Active/complete registration in SAM (including designation as a Small Business).

xviii. Any questions must be submitted in writing to Amy Smith, Contract Specialist, at amy.smith2@usda.gov no later than July 29, 2024, 5:00pm ET.