Combined Synopsis and Solicitation - 12FPC324Q0090.pdf

12FPC324Q0090

COMBINED SYNOPSIS/SOLICTITATION

For

SNOWPACK MODELING TO SUPPORT WATER SUPPLY FORECASTING

(i) This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in FAR Subpart 12.6 and 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. This combined synopsis/solicitation will result in a Firm Fixed Price commercial services contract.

(ii) This Request for Quotation (RFQ) is being issued to establish a Firm Fixed-Price contract for the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS)- National Water and Climate Center (NWCC), in support of developing a long-term, historical, physically based snowpack modeling is sought to enhance existing NWCC forecasting methods. The solicitation number for this effort is 12FPC324Q0090. The Government anticipates the award of one firm fixed priced contract resulting from this solicitation. Award will be made to the Lowest Price Technically Acceptable (LPTA) quote.

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05 effective May 22, 2024. Provisions and clauses incorporated by reference have the same force and effect as if they were given in full text.

(iv) This solicitation is being conducted as a 100% small business set-aside. The applicable

NAICS code is 541690, Other Scientific and Technical Consulting Services. Average annual revenue $19.0 million. For more information on size standards visit http://www.sba.gov/size.

(v) Description of Services: The Contractor shall furnish the necessary personnel, supplies, materials, and incidentals necessary in accordance with the Statement of Work, provisions and clauses, and current wage determination(s) hereby made a part of this solicitation.

(vi) Date(s) and Place(s) of Delivery and Acceptance:

Timelines are for delivery from project start. Accelerated delivery schedule is preferred.

a. Three months: Complete modeling for a single basin for the entire period of record (WY1980 to WY 2024) with applied forcing data bias adjustments and snowpack data assimilation as possible. Deliver gridded, daily model results and summarized data products to NWCC.

Invoice opportunity for work completed (15% contract total).

b. Four months: Demonstrate real-time modeling capability for initial model domain. Invoice opportunity for near real-time modeling capability (10% contract total).

c. Nine months: Complete optimized/debiased model runs for half of the remaining model domains for the entire historical period of record (WY 1980 to WY 2024). Invoice opportunity for work completed (25% contract total)

d. Fifteen months: Complete optimized/debiased model runs for all remaining model domains for the entire historical period of record (WY 1980 to WY 2024). Final bias correction, data assimilation and model performance reports complete. Invoice opportunity for work completed (30% contract total)

e. First full water year following completion of all historical modeling domain runs: Initiate real-time modeling capability for all model domains for first available full water year.

Provide near real-time daily SWE grids, subbasin and elevation band summaries. Invoice for work completed (20% contract total)

The period of performance will be from October 1, 2024 through September 30, 2026.

See Statement of Work (SOW) for Project Timeline, Deliverables schedule.

(vii) The provision at FAR 52.212-1, Instructions to Offerors - Commercial Products and

Commercial Services, applies to this acquisition. The following addenda also apply.

52.212‐1 Instructions to Quoters‐Commercial Items (Sep 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 in its own name, but which proposes to furnish an item which it did not itself manufacture, is $19M.

(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 52.212 3( b) for those representations and certifications that the quoter shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(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) Period for acceptance of quotes. The quoter agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt quotes, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. N/A

(e) REMOVED;

(F) REMOVED.

(g) Contract award . 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. The Government may reject any or all quotes if such action is in the public interest as well as accept other than the lowest offer.

(h) REMOVED;

(i) REMOVED;

(j) Unique entity identifier.(Applies to all quotes that exceed the micro purchase threshold, and quotes at or below the micro purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Quoter 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 Quoter's name and address. The Quoter 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 Quoter to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Quoter 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 Quoter 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.

(viii) The provision at FAR 52.212-2, Evaluation - Commercial Products and Commercial Services applies to this solicitation.

Award will be made to the Lowest Price Technically Acceptable (LPTA) quote. The lowest priced, responsible quote will be selected for award. Quotes will be ranked by price by summing the value of all quoted line items. One (1) Firm Fixed Price (FPP) contract award will be issued for the aggregate of all items to a responsible quoter who submits the lowest priced quote. Your quotation should contain your best price terms. The Government intends to evaluate quotes and award a contract with or without discussions with quoters. Once the Lowest Price Technically Acceptable quote is determined, the evaluation will end and no other quotes shall be evaluated.

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

http://www.sam.gov/ http://www.sam.gov/

(ix) Offerors are required to complete the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Products and Commercial Services. This must be completed at SAM.gov and the registration in an “Active” status.

(x) 52.212‐2, Evaluation ‐ Commercial Items (Nov 2021) applies to this solicitation:

(a) The Government will award one (1) Firm Fixed Priced contract resulting from this solicitation.

Award will be made to the Lowest Price Technically Acceptable (LPTA) quote. The Technical Factors consists of three (3) Factors. The evaluation team will give the Technical Factor an “Acceptable “or “Unacceptable” determination before moving onto the price analysis for those with an “Acceptable” technical determination. Once the evaluation team reaches its Lowest Priced technically Acceptable quote, the evaluation will stop and no other quotes will be considered for award. The following factors 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. Price Pricing that is unrealistically low may be considered an indication that the 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 offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), unless a written notice of withdrawal is received before award.

The following factors shall be used to evaluate quotes:

TECHINCAL FACTOR 1 – Personnel Qualifications/Technical Capability Instructions to Contractor – The quoter shall identify the key personnel to be utilized in completing services.

The prospective contractor shall demonstrate their ability to accomplish each of the following requirements detailed in the scope of work. Inability to accomplish these requirements should indicate that the company cannot fulfill this contract.

Use a physically-based snowpack model capable of high-resolution (<=100m) modeling.

Physically based is defined as using the energy balance instead of a statistical or temperature index model.

Use high-resolution (<5km), hourly, gridded weather products as model forcing data.

Use lidar-derived bare earth elevation data to initiate the snowpack model where available.

Use lidar-derived vegetation data to parameterize the model where available.

Use lidar-derived data to characterize large fire scars where available.

Use data assimilation to integrate remote sensing data (snow depth, albedo, and snow-covered area) into the model.

Use spatial and temporal bias correction methods for precipitation data based on comparisons to SNOTEL and other networks.

Demonstrate the capability of real-time modeling to support operational streamflow forecasting.

TECHNICAL FACTOR 2 – Compliance/ Capacity, Management Capability Instructions to Quoter: The quoter shall submit a well-defined approach to successfully accomplish, as a team, the work described in the statement of work. The offeror shall describe how they currently have the capacity and how they plan to meet production deadlines and schedules of the contract. The quoter shall also include a description of their quality assurance and quality control procedures. A description should be provided that demonstrates the offeror’s understanding of the site access logistics in “the state”, data collection protocol, and equipment required to collect data and meet production goals.

Evaluation Criteria: Quoters will be evaluated on the ability to comply with the terms and conditions of the Statement of Work (SOW).

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 for work of similar size and score performed within the past five (5) years.. 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 quoters ability to perform the effort described in this solicitation, based on the quoters 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. 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.

(b) 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, managerial expertise required to meet the contract requirements.

Factor 4: Price Instructions to Quoter: Quoters should complete prices on Attachment 2, Quote Sheet.

Evaluation Criteria: To evaluate quotes for award purposes, the Government will apply the quoters’ proposed firm 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 proposals 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 proposal.

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 FAR 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 FAR 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.

52.212‐5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (FEB 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108- 78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.] __(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 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.)

__(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_x_(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__(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).

_X_(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, title II).

__(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. 6101 note).

__(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__(14) [Reserved].

__(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

__(16) 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] _X(18)

(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__(ii) Alternate I (Mar 2020) of 52.219-6.

__(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 (Feb 2024) (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).

__(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 Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

_x_(26)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) (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) (15U.S.C. 637(a)(17)).

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

__(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

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

_X (34)

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

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

__(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).

_X_(39)

(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

__(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 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.)

__(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 (Jun2014) 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.

_X_(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 (Jun2016) (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 (Feb 2024) of 52.225-3.

__(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 (Nov2007) (42 U.S.C. 5150).

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

__(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).

_X_(62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (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.] _X_(1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

_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) ( 29U.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 for Contractor Workers Under Executive Order 14026 (Jan 2022).

_X(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).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)

(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub.

L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xvi)

(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

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

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

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

(xxii)

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

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

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

(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.

52.222-42 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.

52.233‐2 Service of Protest (Sept 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: The Contracting Officer

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

52.247-21- CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE (APR

1984)

(a) The Contractor assumes responsibility for all damage or injury to persons or property occasioned through the use, maintenance, and operation of the Contractor’s vehicles or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents.

(b) The Contractor, at the Contractor’s expense, shall maintain adequate public liability and property damage insurance during the continuance of this contract, insuring the Contractor against all claims for injury or damage.

(c) The Contractor shall maintain Workers’ Compensation and other legally required insurance with respect to the Contractor’s own employees and agents.

(d) The Government shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use, maintenance, or operation of any vehicle or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents in performing under this contract, and the Government shall be indemnified and saved harmless against claims for damage or injury in such cases.

(End of clause)

52.228-10 VEHICULAR AND GENERAL PUBLIC LIABILITY INSURANCE (APR 1984)

(a) The Contractor, at the Contractor’s expense, agrees to maintain, during the continuance of this contract, vehicular liability and general public liability insurance with limits of liability for-

(1) Bodily injury of not less than $75,000 for each person and $500,000 for each occurrence; and

(2) Property damage of not less than $20,000 for each accident and $100,000 in the aggregate.

(b) The Contractor also agrees to maintain workers’ compensation and other legally required insurance with respect to the Contractor’s own employees and agents.

(End of clause)

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). The Contractor must use the IPP website (https://www.ipp.gov) to register, access, and use IPP for submitting invoices.

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

452.204‐70 Inquiries (Feb 1988) Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

452.211‐74 Period of Performance (Feb 1988) The period of performance is October 1, 2024 to September of 2026.

See Statement of Work (SOW) for Project Timeline, Deliverables schedule.

Modification for Contract Closeout “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.”

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

Attachment 1 – Statement of Work (2 pages) Attachment 2 – Quote Sheet Attachment 3 – Vendor Information Sheet

(xv) Quotes are due no later than August 16, 2024, 1:00pm EST.

(xvi) Questions are due August 12, 2024, 1:00pm EST, to Mark Domingo, Contract Specialist at mark.domingo@usda.gov

(xvii) Quotes shall be directed to the following:

Emailed quotes will be accepted. Quotes shall be submitted on company letterhead, signed, dated and sent via email to Mark Domingo, Contract Specialist at mark.domingo@usda.gov no later than August 16, 2024, 1:00pm EST.

END OF SOLICITATION

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