12SAD120R0012 RFP Circuit Rider.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

RD-31ME

WASHINGTON DC 20250

1400 INDEPENDENCE AVE, SW

PROCUREMENT MANAGEMENT OFFICE

USDA, RURAL DEVELOPMENT

CODE 16. ADMINISTERED BYCODE

X

X

541611

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORRD-31ME

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

10/01/2020 1300 ET

08/31/2020

602-280-8713JAMES SOWDEN

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12SAD120R0012

5. SOLICITATION NUMBER

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

1 69OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

WASHINGTON DC 20250

1400 INDEPENDENCE AVE, SW

PROCUREMENT MANAGEMENT OFFICE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA, RURAL DEVELOPMENT

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

MISSION CRITICAL SERVICES UNDER THIS CONTRACT

USDA, Rural Utilities Service, Water and Environmental Programs (RUS/WEP) Rural Water Circuit Rider Technical Assistance Program.

Single Award 5-year contract with a base 12-month option period, plus four 12-month option periods QUESTIONS: Submit questions regarding this solicitation to RD.Acquisitions@usda.gov on or before 1:00pm EST Friday, September 11, 2020.

Period of Performance: 11/01/2020 to 10/31/2021

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

JAMES O. SOWDEN

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0001 CIRCUIT RIDERS, FFP, iaw/Attachments J-1 PWS and 12 LO

J-2 Pricing Sheet

0002 CIRCUIT RIDER ANNUAL TRAINING, FFP 1 EA

0003 NEW HIRE TRAINING, FFP, Monthly, if required 12 EA

0004 REPORTING: FFP - Monthly, Quarterly and Annually, 12 LO

Iaw/PWS, Deliverable Schedule

REPORTS

--Monthly Technical Log Report

12 EA @ $______ = $__________

--Monthly Significant Contact Technical Report

12 EA @ $________ = $_____________

--Monthly Quality Control Report

12 EA @ $________ = $_____________

--Monthly Water & Wastewater System Operation

Data Report

12 EA @ $________ = $_____________

--Monthly Circuit Rider Vacancy & Hiring Report

12 EA @ $_______ = $______________

Reporting: Quarterly, FFP

--Quarterly Technical Report

4 EA @ $________ = $_______________

Reporting - Annually, FFP

--Water and Wastewater System Operational Data

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

69 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 69

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12SAD120R0012

Report

1 EA @ $______ = $________________

0005 DISASTER/CONTINGENCY RESPONSE, Cost Reimbursable, NTE - plug-in amount of $149,627.00, for services directed by COR, on an as needed basis, and iaw/established rates for Circuit Riders for this time period.

0006 TRAVEL, Cost Reimburable, NTE $1,000,000

1001 CIRCUIT RIDERS, FFP, iaw/Attachments J-1 PWS and 12 LO

J-2 Pricing Sheet

(Option Line Item)

365 Days After Award

1002 CIRCUIT RIDER ANNUAL TRAINING, FFP 1 EA

(Option Line Item)

365 Days After Award

1003 NEW HIRE TRAINING, FFP, Monthly, if required 12 EA

(Option Line Item)

365 Days After Award

1004 REPORTING, FFP - Monthly, Quarterly and Annually, 12 LO

Iaw/PWS, Deliverable Schedule

REPORTS - MONTHLY, FFP

--Monthly Technical Log Report

12 EA @ $______ = $__________

--Monthly Significant Contact Technical Report

12 EA @ $________ = $_____________

--Monthly Quality Control Report

12 EA @ $________ = $_____________

--Monthly Water & Wastewater System Operation

Data Report

12 EA @ $________ = $_____________

--Monthly Circuit Rider Vacancy & Hiring Report

12 EA @ $_______ = $______________

Reporting: Quarterly, FFP

--Quarterly Technical Report

4 EA @ $________ = $_______________

Reporting - Annually, FFP

--Water and Wastewater System Operational Data

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

4 69

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12SAD120R0012

Report

1 EA @ $______ = $________________

(Option Line Item)

365 Days After Award

1005 DISASTER/CONTINGENCY RESPONSE, Cost Reimbursable, NTE - plug-in amount of $149,627.00, for services directed by COR, on an as needed basis, and iaw/established rates for Circuit Riders for this time period.

(Option Line Item)

365 Days After Award

1006 TRAVEL, Cost Reimbursable, NTE $1,000,000.00

(Option Line Item)

0 Days After Award

2001 CIRCUIT RIDERS, FFP, iaw/Attachments J-1 PWS and 12 LO

J-2 Pricing Sheet

(Option Line Item)

365 Days After Award

2002 CIRCUIT RIDER ANNUAL TRAINING, FFP 1 EA

(Option Line Item)

365 Days After Award

2003 NEW HIRE TRAINING, FFP, Monthly, if required 12 EA

(Option Line Item)

365 Days After Award

2004 REPORTING: Monthly, Quarterly and Annually, 12 LO

Iaw/PWS, Deliverable Schedule

REPORTS - MONTHLY, FFP

--Monthly Technical Log Report

12 EA @ $______ = $__________

--Monthly Significant Contact Technical Report

12 EA @ $________ = $_____________

--Monthly Quality Control Report

12 EA @ $________ = $_____________

--Monthly Water & Wastewater System Operation

Data Report

12 EA @ $________ = $_____________

--Monthly Circuit Rider Vacancy & Hiring Report

12 EA @ $_______ = $______________

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 69

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12SAD120R0012

Reporting: Quarterly, FFP

--Quarterly Technical Report

4 EA @ $________ = $_______________

Reporting - Annually, FFP

--Water and Wastewater System Operational Data

Report

1 EA @ $______ = $________________

(Option Line Item)

365 Days After Award

2005 DISASTER/CONTINGENCY RESPONSE, Cost Reimbursable, NTE - plug-in amount of $149,627.00, for services directed by COR, on an as needed basis, and iaw/established rates for Circuit Riders for this time period.

(Option Line Item)

365 Days After Award

2006 TRAVEL, Cost Reimbursable, NTE $1,000,000.00

(Option Line Item)

365 Days After Award

3001 CIRCUIT RIDERS, FFP, iaw/Attachments J-1 PWS and 12 LO

J-2 Pricing Sheet

(Option Line Item)

365 Days After Award

3002 CIRCUIT RIDER ANNUAL TRAINING, FFP 1 EA

(Option Line Item)

365 Days After Award

3003 NEW HIRE TRAINING, FFP, Monthly, if required 12 EA

(Option Line Item)

365 Days After Award

3004 REPORTING: Monthly, Quarterly and Annually, 12 LO

Iaw/PWS, Deliverable Schedule

REPORTS - MONTHLY, FFP

--Monthly Technical Log Report

12 EA @ $______ = $__________

--Monthly Significant Contact Technical Report

12 EA @ $________ = $_____________

--Monthly Quality Control Report

12 EA @ $________ = $_____________

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

6 69

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12SAD120R0012

--Monthly Water & Wastewater System Operation

Data Report

12 EA @ $________ = $_____________

--Monthly Circuit Rider Vacancy & Hiring Report

12 EA @ $_______ = $______________

Reporting: Quarterly, FFP

--Quarterly Technical Report

4 EA @ $________ = $_______________

Reporting - Annually, FFP

--Water and Wastewater System Operational Data

Report

1 EA @ $______ = $________________

(Option Line Item)

365 Days After Award

3005 DISASTER/CONTINGENCY RESPONSE, Cost Reimbursable, NTE - plug-in amount of $149,627.00, for services directed by COR, on an as needed basis, and iaw/established rates for Circuit Riders for this time period.

(Option Line Item)

365 Days After Award

3006 TRAVEL, Cost Reimbursable, NTE $1,000,000.00

(Option Line Item)

365 Days After Award

4001 CIRCUIT RIDERS, FFP, iaw/Attachments J-1 PWS and 12 LO

J-2 Pricing Sheet

(Option Line Item)

365 Days After Award

4002 CIRCUIT RIDER ANNUAL TRAINING, FFP 1 EA

(Option Line Item)

365 Days After Award

4003 NEW HIRE TRAINING, FFP, Monthly, if required 12 EA

(Option Line Item)

0 Days After Award

4004 REPORTING: Monthly, Quarterly and Annually, 12 LO

Iaw/PWS, Deliverable Schedule

REPORTS - MONTHLY, FFP

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

7 69

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12SAD120R0012

--Monthly Technical Log Report

12 EA @ $______ = $__________

--Monthly Significant Contact Technical Report

12 EA @ $________ = $_____________

--Monthly Quality Control Report

12 EA @ $________ = $_____________

--Monthly Water & Wastewater System Operation

Data Report

12 EA @ $________ = $_____________

--Monthly Circuit Rider Vacancy & Hiring Report

12 EA @ $_______ = $______________

Reporting: Quarterly, FFP

--Quarterly Technical Report

4 EA @ $________ = $_______________

Reporting - Annually, FFP

--Water and Wastewater System Operational Data

Report

1 EA @ $______ = $________________

(Option Line Item)

365 Days After Award

4005 DISASTER/CONTINGENCY RESPONSE, Cost Reimbursable, NTE - plug-in amount of $149,627.00, for services directed by COR, on an as needed basis, and iaw/established rates for Circuit Riders for this time period.

(Option Line Item)

365 Days After Award

4006 TRAVEL, Cost Reimbursable NTE $1,000,000

(Option Line Item)

365 Days After Award

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Solicitation #12SAD120R0012

Contents

SECTION A SOLICITATION/CONTRACT FORM

SECTION B SUPPLIES/SERVICES AND PRICES/COSTS

SECTION C DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

SECTION D PACKAGING AND MARKING

SECTION E INSPECTION AND ACCEPTANCE

SECTION F DELIVERIES OR PERFORMANCE

SECTION G CONTRACT ADMINISTRATION

SECTION I CONTRACT CLAUSES

SECTION J LIST OF ATTACHMENTS

SECTION K REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

SECTION L INSTRUCTION, CONDITION & NOTICES TO OFFERORS OR RESPONDENTS

SECTION M EVALUATION FACTORS FOR AWARD

The rest of this page left blank intentionally.

PART I - THE SCHEDULE

SECTION A SOLICITATION/CONTRACT FORM

A.1 Standard Form (SF)-1449 Continued – Contract The U.S. Department of Agriculture (USDA), Rural Development (RD)’s contract is for its Water and Environmental Programs (WEP) office and is entitled, Rural Water Circuit Rider Technical Assistance Program. Circuit Riders are considered to be a professional service. The purpose of this program is to protect the nation’s multi-billion-dollar investment in rural and small municipal waters systems by providing on-site technical assistance that assures cost-effective operations and adequate income for both operations and debt service within each state/jurisdiction. The Contractor is required to operate rural water circuit technical assistance program aiding eligible systems in all 50 States, and the Territories in accordance with the J-1 Performance Work Statement (PWS).

This solicitation/contract incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2020-06. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. These clauses may be accessed in full text at https://www.acquisition.gov/browse/index/far.

END OF SECTION A

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

SECTION B SUPPLIES/SERVICES AND PRICES/COSTS

B. 1 Prices/Cost Schedule

The Schedule is a Base Year, plus four (4) Option Periods are set forth in the SF 1449, Schedule of Supplies/Services, pages 2 – 7. Not-to-Exceed plug in amounts are provided for CLINs 005 and 006, and subsequent option CLINs, if exercised.

This is a Fixed Price contract with two cost reimbursable CLINs as noted in the Schedule. The total contract value, if all options are exercised is: TBP, upon award.

The ultimate completion date, if all options are exercised, is Five (5) years from date of award.

B.2 Disaster Contingency Response, CLIN 005, and subsequent option CLINs 1005, 2005, 3005, and 4005, if exercised, NTE, Cost Reimbursable.

Disaster and Contingency Response services will be directed by the COR, on an as needed basis, in accordance with the established fixed rates on the contract for the respective performance period. Actual costs will be incurred and invoiced in accordance with 52.216- 7, Allowable Cost and Payment (JUN 2013).

FAR Clause 52.232-22, "Limitation of Funds (APR 1984)," applies to this cost reimbursable CLIN . Any notification required on the part of the Contractor must be made in writing to the Contracting Officer whenever it is anticipated that costs incurred within 90 days, when added to all costs previously incurred, will exceed 75% of the total amount allotted to the contract by the Government for the base period and subsequent option periods.

B.3 Travel Contract Line Items CLIN006, and subsequent option CLINs, 1006, 2006, 3006, and 4006, if exercised, NTE, Cost-Reimbursable.

Travel will be reimbursed at actual costs incurred in accordance with 52.216- 7, Allowable Cost and Payment (JUN 2013), and the Federal Travel Regulation (FTR) see https://www.gsa.gov/policy-regulations/regulations/federal-travel-regulation-ftr. Profit/fee or other indirect rates will not be allowed on travel.

FAR Clause 52.232-22, "Limitation of Funds (APR 1984)," applies to this cost reimbursable CLIN . Any notification required on the part of the Contractor must be made in writing to the Contracting Officer whenever it is anticipated that costs incurred within 90 days, when added to all costs previously incurred, will exceed 75% of the total amount allotted to the contract by the Government for the base period and subsequent option periods.

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

B.4. Withholding of Contract Payments

Notwithstanding any other payment provisions of this contract, failure of the contractor to submit required reports when due or failure to perform or deliver required work, supplies, or services, may result in the withholding of payments under this contract unless such failure arises out of causes beyond the control, and without the fault or negligence of the contractor as defined by the clause entitled FAR 249-14, ‘‘Excusable Delays’’ (APR 1984) or ‘‘Default’’, as applicable. The Government must immediately notify the contractor of its intention to withhold payment of any invoice or voucher submitted IAW FAR 52.232-9.

END OF SECTION B

SECTION C DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK

STATEMENT

C.1 Performance Work Statement (PWS)

The Contractor must provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to deliver and/or perform the items in accordance with the Description/Specifications/Performance Work Statement incorporated as Attachment J-1, Performance Work Statement (PWS), Rural Water Circuit Rider Technical Assistance Program.

END OF SECTION C

SECTION D PACKAGING AND MARKING

D.1 Electronic Mail Delivery & Non-Electronic Methods of Delivery

The deliverables under this solicitation are through electronic mail as described in the Deliverable Schedule in the PWS (Ref: PWS, Table C.10.1).

If non-electronic methods of delivery are directed by USDA COR, the Contractor must ensure, unless otherwise specified, that all items are preserved, packaged, packed, and marked in accordance with best commercial practices to meet the packing requirements of the carrier and ensure safe delivery at destination. All applicable items submitted to the Government must be clearly marked as follows:

a. Name of Contractor;

b. Contract number

c. Description of item contained therein;

d. Consignee’s name and address; and

e. If applicable packages containing software or other magnetic media must be marked on external containers with a notice reading substantially as follows:

“CAUTION SOFTWARE/MAGNETIC MEDIA ENCLOSED, DO NOT EXPOSE

TO HEAT OR MEGNETIC FIELDS.”

D.2 USDA Rural Development Visual Identity Guidelines, Attachment J-7

All visual materials intended for release to the public, both electronic and printed, delivered in the performance of this contract, must wholly conform to the current USDA Rural Development Visual Identity Guidelines, as described in Attachment J-7. Such materials include the following, and any other products agreed to in advance between the COR and the vendor:

• Reports and other documents;

• Handouts;

• Advertisements intended for both printed and electronic media;

• Still visual presentations;

• Video presentations;

• Banners;

• Infographics;

• Posters;

• Folders;

• Cards and Envelopes;

• Photographs;

• Visual themes;

• Logos;

• Layout;

• Graphic design;

• Graphics;

• Graphs and charts;

• Illustrations;

• Drawings.

END OF SECTION D

SECTION E INSPECTION AND ACCEPTANCE

E.1 52.252-2 Clauses Incorporated by Reference (Feb 1998)

Clause # Title Date 52.246-4 Inspection of Services – Fixed Price Aug 1996 52.246-5 Inspection of Services – Cost Reimbursement May 2001

E.2 Inspection and Acceptance of Services

E.2.1 Inspection of Service:

The Government, through any authorized representatives, has the right at all reasonable times, to inspect, conduct oversight, evaluate, or otherwise assess the work performed or being performed under this contract. Inspections of the contractor’s work must focus on, but not necessarily be limited to, completeness, accuracy, and satisfaction of agreed-upon deliverables as identified under this contract. Government inspection and acceptance of services, reports and other required deliverables or outputs must take place through the most convenient means for the Government. However, all inspections and evaluations by the Government will be performed in such a manner as will not unduly delay the work effort.

The COR listed in Section G has been delegated authority to inspect and accept all services, reports and required deliverables or outputs for the contract.

Government inspection, oversight, evaluation, and other assessments of Contractor-performed work are for the sole benefit of the Government, and do not:

a) Relieve the Contractor of responsibility for providing adequate quality control measures;

b) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

c) Constitute or imply acceptance; or

d) Affect the continuing rights of the Government after acceptance of the completed work.

E.2.2 Acceptance of Services

Unless otherwise specified, the COR will have ten (10) calendar days to review draft deliverables and make comments. The Contractor will have five (5) calendar days to make corrections. The COR or CO will have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the Contractor’s accepted proposal. In the event of a rejected deliverable, the Contractor will be notified in writing by the COR or CO of the specific reasons for rejection. The Contractor will have five (5) calendar days to correct the rejected deliverable and return it per delivery instructions.

Final acceptance of all services under this contract. be made in writing at the end of the contract period by the COR.

E.3 Contractor Quality Control Plan (QCP)

The Contractor must establish and maintain a Quality Control Plan in accordance with the FAR 5 52.246-4, Inspection of Services – Fixed Price clause, to ensure that the work performed under the contract conforms to the contract requirements. The Contractor must submit to the Contracting Officer, a Quality Control Plan (QCP with the proposal submission. The QCP will be incorporated into the contract.

E.4 Government Quality Assurance Surveillance Program

A Quality Assurance Surveillance Plan (QASP) will be proposed by the Offeror and submitted with the proposal submission. The QASP aids in monitoring performance. All findings of unsatisfactory or non-performed work will be administered in accordance with the FAR clauses noted above for Inspection of Services Fixed Price and Inspection of Services -Cost Reimbursable.

All costs associated with rework are the responsibility of the Contractor. The Government reserves the right to choose the inspection methods to be used in implementing its Quality Assurance Surveillance Plan and to vary the inspection methods utilized during the work, without notice to the Contractor. The QASP is a “living document” and as such, will not be incorporated into the contract.

END OF SECTION E

SECTION F DELIVERIES OR PERFORMANCE

F.1 FAR 52.252.2 Clauses Incorporated By Reference (Feb 1998)

Clause # Title Date

52.242.15 Stop Work Order Aug 1989

52.242.17 Government Delay of Work Apr 1984

F.2 Period of Performance

The resultant contract will include one (1) base year plus four (4) one-year option years. Options will be exercised at the Government’s sole discretion and as authorized by FAR Subpart 17.2.

Each of the four option terms will only be granted upon a favorable review of the Contractor’s performance and validation of continued need and available budget. The following chart details the performance periods.

F.3 Observance of Legal Holidays and Excused Absences

The Government hereby provides notice and contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays:

a) New Year's Day

b) Martin Luther King's Birthday

c) President's Birthday

d) Memorial Day

e) Independence Day

f) Labor Day

g) Columbus Day

h) Veterans Day

i) Thanksgiving Day

j) Christmas Day

k) Inauguration Day

In addition to the days designated as holidays, the Government observes the following days:

Base Year Anticipated award POP: November 1, 2020 through October 31, Option Year 1 November 1, 2021 through October 31, 2022 Option Year 2 November 1, 2022 through October 31, 2023 Option Year 3 November 1, 2023 through October 31, 2024 Option Year 4 November 1, 2024 through October 31, 2025

l) Any other day designated by Federal Statute

m) Any other day designated by Executive Order

n) Any other day designated by Presidential Proclamation

It is understood and agreed between the Government and the contractor that observance of such days by Government personnel will not otherwise be a reason for an additional period of performance, or entitlement to compensation. In the event the contractor's personnel work during the holiday, they may be reimbursed by the contractor, however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked. This provision does not preclude reimbursement for authorized premium pay.

F.4 Place of Performance

All work conducted under this contract will be performed within the United States and its territories. This may include, but not be limited to: Contractor’s primary or remote offices, other government offices, and Recipient offices and facilities.

The Contractor agrees that this is a non-personal services contract must not represent itself as an agent or partner of, or in joint venture with the Government; and that it will neither supervise nor accept supervision from Government employees.

F.5 Delivery Schedule

The contractor must deliver all deliverables in accordance with the specifications of the Attachment J-1, Section C, Performance Work Statement).

END OF SECTION F

SECTION G CONTRACT ADMINISTRATION

G.1 Contract Administration

Notwithstanding the contractor’s responsibility for total management during the performance of this contract, the administration of the contract requires maximum coordination between the Government and the contractor. The following provides the roles and their respective authority during the performance of the contract.

G.2 Procuring Contracting Office (PCO)

The Contracting Officer for this contract is:

James Sowden, Supervisory Contracting Officer USDA, RD Business Center, Procurement Management Office 230 N 1st Avenue, Suite 206 Phoenix, AZ 85003-1706 Email: James.Sowden@usda.gov Phone: 602-280-8713

The Procuring Contracting Officer (PCO) holds the contractual authority for the resulting contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions and requirements.

The CO may delegate certain other responsibilities to the Contracting Officer’s Representative (COR). The Procuring Contracting Officer and Administrative Contracting Officer (ACO) are the only individuals who can legally commit or obligate the Government or authorize any changes that affect the contract price, delivery schedule, period of performance or other terms and conditions.

G.3 Administrative Contracting Officer (ACO) The Administrative Contracting Officer for this contract is:

To Be Provided upon award Administrative Contracting Officer USDA, RD Business Center Procurement Management Office Address:

Email:

The Administrative Contracting Officer (ACO) holds the same contractual authority for the resulting contracts as designated by the PCO. The ACO is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions and requirements during administration of contractor performance. The ACO may delegate certain other responsibilities to the Contracting Officer’s Representative (COR).

mailto:James.Sowden@usda.gov

G.4 Contracting Officer's Representative (COR)

Upon contract award, the COR will be designated by the CO. The COR has the authority to monitor the technical progress of services that are required under the resulting contracts. This includes visits to the contractor’s place of performance, meetings and telephone conferences with the contractor’s personnel, inspection and acceptance or rejection of the contracted services and other duties that may be authorized by the Contracting Officer. The COR cannot authorize or order the cessation of contract work nor delete, change or waive any of the technical requirements or other terms and conditions of the resulting contracts. If a change (monetary or otherwise) to the contract is desired, the contractor will submit a written request to the Contracting Officer for consideration. If appropriate, the change will be affected by a contract modification, after discussions and/or negotiations. The Contracting Officer cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, etc.)

that require the signature of the Contracting Officer.

Whenever a difference of opinion between the contractor and the COR occurs, the Contracting Officer should be contacted immediately for resolution. The Contractor should also contact the Contracting Officer when the COR cannot be contacted on a technical matter and for assistance on all other matters pertaining to the resulting contracts. The designated COR for this contract is:

Penny L. Douglas, Community Programs Specialist USDA, Water and Environmental Programs – Rural Development 1400 Independence Ave., S.W.

Washington, DC 20250 Email: Penny.Douglas@usda.gov Phone: 202-253-0504

G.5 Contractor’s Representative Responsibilities

The Contractor's representative (as designed by Contractor, i.e., Program Manager, Contract Administrator, etc.) will be responsible for all contract administration issues and will act as the central point of contact with the Government for all such issues. The representative must have full authority to act for the contractor in all contractual matters. The representative must be able to fluently read, write, and speak the English language. The Contractor's representative to be contacted for all contract administration matters is:

To Be Provided by OFFEROR

Name Telephone:

Address E-mail:

G.6 Contractor Responsibilities

The Contractor must not accept any instructions issued by any person employed by the Government or otherwise, other than the CO or the COR acting within the limits of his or her authority. The Contractor must not in any way represent that he is a part of the U. S. Government mailto:Penny.Douglas@usda.gov or that he has the authority to contract or procure supplies for the account of the United States of America.

G.7 Post-Award Orientation

The Contractor is expected to participate in a Post-Award Orientation in order to ensure mutual understanding of the contract as well as to review selected terms and conditions. The post award orientation may be via in office conference, video conference, or in writing as determined by the Contracting Officer under the contracting authority in accordance with Federal Acquisition Regulation Subpart 42.5.

G.8 Invoice and Payment Provision

a) Invoice Submission. Invoices will be submitted via email to the COR and Contracting Officer as indicated in this section G. Submit your invoices on your company’s letterhead with the information below:

b) To assist the Government in making timely payments, the Contractor must furnish the following information with their invoice:

• Contract Number

• Name and payment address of the contractor (include the name, title, telephone number, and mailing address of a contact person in the event of a defective invoice)

• Invoice Number/Date

• Payment Terms

• Amount by line item including quantity and unit price

• Period services were provided

• Copies of all reports and documentation required by the contract, for which payment is being requested

• Certification of correctness by date and signature of Contractor’s authorized official

c) Invoice(s) must be submitted monthly for work performed. The CO will initiate payment after verification that the invoice is proper, including COR certification that services were accepted.

d) Documentation to verify or support all travel expenses must be submitted in a form to be designated by the COR/CO.

e) Invoices should be submitted on or before the 10th workday of the succeeding month.

G.9 Invoicing for Disaster/Contingency Response Services (CLIN 0005, and subsequent CLINs, if exercised)

The Government will require separate invoices for the CLIN 0005, Disaster/Contingency Response. The invoice will be submitted following the same invoice submission procedures as stated above in G.8.

G.10 Invoice Discrepancies

The COR will complete preliminary review of invoices and the Contracting Officer will notify the Contractor of any discrepancies within seven (7) calendar days after receipt.

G.11 Payment of Invoices by Electronic Funds Transfer

Payments under this contract must be made under the Department of Treasury’s Automated Clearing House (ACH) system. Under this system, the funds will be wired electronically to the contractor’s financial institution pursuant to FAR 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (Oct 2018).

A copy of the SF 3881 “ACH Vendor/Miscellaneous Payment Enrollment Form,” will accompany the contract award and must be completed and sent back to both the COR and the Contracting Officer prior to submission of the first invoice for payment. The form may be obtained from the Department of Treasury’s website at https://www.fiscal.treasury.gov/files/forms/3881.pdf.

G.12 Payment of Travel Costs (CLIN 0006, and subsequent CLIN, if exercised)

The Contractor must include in its monthly billing, allowable costs for travel. Travel costs are reimbursed in accordance with the Federal Travel Regulations (FTR), see https://www.gsa.gov/policy-regulations/regulations/federal-travel-regulation-ftr . All reimbursable travel costs require itemized documentation be maintained by the Contractor for such costs, including receipts for cash, mode of transportation, hotel, and other appropriate forms of actual payment validation. The COR or Contracting Officer may request specific documentation or on a random basis, audit travel costs provided in the monthly invoices.

Note the Government will not reimburse the Contractor or otherwise pay for commercial transportation, lodging, meals, or incidental expenses associated with local travel. Local travel is defined as travel within the area of a 50-mile radius of the primary place of performance. In addition, the cost of travel by privately owned automobile will be reimbursed at the current GSA approved mileage rate.

G.13 Equitable Adjustment in the Case of Termination by USDA

If the resultant contract is terminated, by USDA, for default or for the convenience of the Government, USDA will request a Termination Settlement Proposal from the Contractor. And in the event of a termination, the dollar amount payable by USDA to the contractor must be the LEAST (i.e., the LOWEST) of the following amounts: (a) The dollar-amount arrived at, by USDA, in an Equitable Adjustment after USDA’s review of the Termination Settlement Proposal submitted to USDA by the contractor; or (b) the costs (and the associated fee) actually, allocable, allowable and reasonably incurred by the contractor during performance of the contract up to the time of its termination, and not previously reimbursed to the contractor by USDA; or (c) the https://www.fiscal.treasury.gov/files/forms/3881.pdf https://www.gsa.gov/policy-regulations/regulations/federal-travel-regulation-ftr dollar amount that can be paid to the contractor from the contract’s cumulative obligated funding that remains available and that has not previously been used to make payments to the contractor.

END OF SECTION G

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 Critical Contractor Support Services

This contract has been assessed and determined to provide services that are labeled as critical services. These services prevent imminent harm to life or property. therefore, the services may continue during the lapse of appropriations.

H.2 Essential Contractor Support Services

During emergency and disaster contingency services as identified in the PWS may be designated as “essential support” subject to the rules, regulations, laws, standards, and conventions, executive declarations, as identified by USDA. Upon a disaster or emergency, USDA may request the contractor to provide a written plan describing how it will continue to perform the essential contractor services for coverage of services. The contractor’s plan will:

(1) Identify provisions made for the acquisition of essential personnel and resources, if necessary, for continuity of operations for up to 30 days or until normal operations can be resumed;

(2) Address in the plan, at a minimum –

a. Challenges associated with maintaining essential contractor services during an extended event, such as a pandemic that occurs in repeated waves;

b. The time-lapse associated with the initiation of the acquisition of essential personnel and resources and their actual availability on site(s);

c. Any established alert and notification procedures for mobilizing identified

“essential contractor service” and personnel; and

d. The approach for communicating expectations to contractor employees regarding their roles and responsibilities during a crisis.

H.3 Disclosure of Conflicts of Interest Affecting Award and Performance

It is the Government’s policy to award contracts to only those offerors whose objectivity is not impaired because of any related past, present, or planned interest, financial or otherwise, in organizations regulated by an Agency or in organizations whose interests may be substantially affected by Departmental activities, based on this policy:

The offerors must provide a statement in its proposal which describes in a concise manner all past, present or planned organizational, financial, contractual or other interest(s) which do or may result in any real or potential bias or conflict of interest on its part in performing its obligations under any contract which may result from this solicitation. The interest(s) described must include those of the offeror, its affiliates, proposed consultants, proposed subcontractors and key personnel of technical proposal. Key personnel must include any person owning more than 20% interest in the offeror, and the offeror’s corporate officers, its senior managers and any employee who is responsible for deciding or taking an action on such contract where the decision or action can have an economic or other impact on the interests of an affected organization or individual.

The offeror must describe in detail why it believes, in light of the interest(s) identified in the above paragraph, that performance of the proposed contract can be accomplished in an impartial and objective manner.

In the absence of any relevant interest identified in this section, the offeror must submit in its proposal a statement certifying that to its best knowledge and belief no affiliation exists relevant to possible conflicts of interest. The offeror must obtain the same information from potential subcontractors prior to award of a subcontract.

The Contracting Officer will review the statement submitted and may require additional relevant information from the offeror. All such information, and any other relevant information known by the Contracting Officer, will be used to determine whether an award to the offeror may create a conflict of interest. If any such conflict of interest is found to exist, the Contracting Officer may (1) disqualify the offeror, or (2) determine that it is otherwise in the best interest of the United States to contract with the offeror and include appropriate provisions to mitigate or avoid such conflict in the contract award.

The refusal to provide the disclosure or representation, or any additional information required may result in disqualification of the offeror for award. If nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated. If, after award, the Contractor discovers a conflict of interest with respect to the contract awarded as a result of this solicitation, which such conflict could not reasonably have been known prior to award, an immediate and full disclosure will be made in writing to the Contracting Officer. The disclosure will include a full description of the conflict, a description of the action the contractor has taken, or proposes to take, to avoid or mitigate such conflict. The Contracting Officer may, however, terminate the contract for convenience if he or she deems that termination is in the best interest of the Government.

H.4 Notification of Conflict of Interest Regarding Personnel

In addition to the requirements in paragraph H.3 above, the following provisions with regard to employee personnel performing under this contract will apply until the earlier of the following two dates: the termination date of the affected employee(s) or the expiration date of the contract.

The Contractor agrees to notify immediately the Contracting Officer of (1) any actual or potential personal conflict of interest with regard to any of its employees working on or having access to information regarding this contract, or (2) any such conflicts concerning subcontractor employees or consultants working on or having access to information regarding this contract.

The Contractor agrees to notify the Contracting Officer prior to performance under this contract when that employee may have a personal conflict of interest does not become known until after performance of the contract begins, the Contractor will immediately notify the Contracting

Officer of the personal conflict of interest. The Contractor must continue performance of this contract until notified by the Contracting Officer of the appropriated action to be taken.

The Contractor agrees to insert, in any subcontract or consultant agreement placed hereunder, provisions, which must conform substantially to the language of this clause, including this paragraph, unless otherwise authorized by the Contracting Officer.

H.5 Contractor Performance Evaluations

Contractor performance evaluations will be prepared on this Contract in accordance with FAR 42.1501-1503. Performance evaluations will be completed at the end of the base period and each option period. The Government uses the Contractor Performance Assessment Review System (CPARS) as the primary method to complete evaluations. The Government uses the CPARS as the primary method to complete evaluations. Once performance evaluations are completed in the CPARS system, they may be accessed in the Past Performance Information Retrieval System

(PPIRS).

The final performance evaluation will be prepared at the time of completion of work. At the discretion of the Contracting Officer, interim evaluations (completion of option periods - annual) will be performed. A copy of all evaluations will be provided to the Contractor as soon as practicable after completion of the annual and final evaluation. The Contractor will be permitted thirty (30) days to review the document and to submit additional information or a rebutting statement.

The Government will consider any comments provided by the Contractor before finalizing a Performance Evaluation Report and the Contractor’s comments will be attached to the report.

Any disagreement between the parties regarding an evaluation will be referred to the Contracting Officer for review. If there are disagreements between the Contracting Officer’s performance rating review and the Contractor, then the evaluation will be reviewed by the USDA designated “Reviewing Official”. The Reviewing Official’s decision will be final.

Contractors are encouraged to visit www.cpars.gov for the free online training. Once the evaluation is read and released, the contractor will receive a second email alerting them the evaluation is ready for their review and comment. The Contractor will have thirty (30) days to respond to the evaluation.

Registration: The Contractor is required to register in CPARS. In accordance with the past performance requirements of the FAR 42.1501-1503, the Contractor will register with the Contractor Performance Assessment Reporting System (CPARS). CPARS is a web- enabled system that collects and manages the library of automated Contractor Performance Assessment Reports. Registration information is provided at http://www.cpars.gov.

Note:

Unless the Contractor provides a different POC to the Contracting Officer after award, the Contracting Officer will use the Past Performance Point of Contact (POC) listed on the Contractors, System for Award Management (SAM) profile as the default Past Performance http://www.cpars.gov/

POC. This person will receive the above CPARS email alerts. In accordance with FAR Clause 52.204-7, the Contractor is responsible for the accuracy and completeness of the data within the SAM database. Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file and may be used by Federal Agencies to support future award decisions.

H.6 Excluded Functions and Responsibilities

(a) Functions and responsibilities directly involved or associated with the management of any USDA Office are expressly excluded from this contract or order issued hereunder. The parties hereby agree that any instructions, directives, or orders issued under this contract involving such management functions and responsibilities will be null and void. The following activities are representative of the excluded functions and responsibilities that cannot be provided by the contractor under this contract or order issued hereunder:

(1) Policy making or management of USDA operations;

(2) Program or project management;

(3) Technical management of Government contracts;

(4) Government purchasing, contracting, contract administration, acceptance of materials and/or performance and pay and accounting.

(5) Direction or supervision of other Government contracts or Government Agencies or otherwise acting as an agent to obligate or commit in any capacity;

(6) Clerical and other administrative type functions required to be performed by civil service personnel; and

(7) Supervision of Government employees.

H.7 Information Technology Accessibility for Persons with Disabilities- Section 508 Compliance

All services and Electronic Information Technology (EIT) delivered as result of deliverables placed under this contract must comply with accessibility standards in accordance with Federal Information Technology Accessibility as required by Section 508 of the Rehabilitation Act (29 U.S.C. 794d), as amended.

Requirements for accessibility based on Section 508 of the Rehabilitation Act of 1973 (29 U.S.C.

794d) are determined to be relevant for the following program need: "Deliverables – Various electronic transmittal of report documents and program management interfacing as stated in the PWS). EIT Information Content includes topics that address EIT products and EIT related services. Section 508 must be considered as a requirement on the delivered content to ensure that it includes data and/or knowledge appropriate to specific Section 508 accessibility requirements.

The specific requirements that apply depend upon the specific type of EIT referred to in the information content as well as the functional performance criteria detailed in the solicitation/contract.

H.8 Reproduction of Reports

Federal printing and binding regulations require that printing or reproduction of reports, data, or other written materials produced under contracts or grants which exceed 5,000 production units of any page, or 25,000 production units in the aggregate, must be processed through the U.S.

Government Printing Office (GPO). Accordingly, unless otherwise specifically approved in advance by the Contracting Officer, any project report or other written materials produced under an order on this contract that is expected to exceed these limits must be submitted to the COR in one camera-ready original. The Government will reproduce copies exceeding the above limits.

Any use of color in the final report that would result in color printing (black plus one or more colors) must have prior approval of the Contracting Officer. All printing funded by this contract or order hereunder must be done in conformance with Joint Committee on Printing regulations as prescribed in Title 44, U.S.C., and Section 308 of Public Law 101-163, and all applicable Government Printing Office and Department of Agriculture regulations.

END OF SECTION H

PART II

CONTRACT CLAUSES

SECTION I CONTRACT CLAUSES

I.1. 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):

For Federal Acquisition Regulation (FAR) clauses, see https://www.acquisition.gov/browse/index/far.

CLAUSE

NUMBER

DATE

TITLE

52.202-1 NOV 2013 Definitions 52.203-3 APR 1984 Gratuities 52.203-5 MAY 2014 Covenant Against Contingent Fees 52.203-6 SEPT 2006 Restrictions on Subcontractor Sales to the Government OCT 1995 Alternate I 52.203-7 MAY 2014 Anti-Kickback Procedures 52.203-8 MAY 2014 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity 52.203-10 MAY 2014 Price or Fee Adjustment for Illegal or Improper Activity 52.203-12 OCT 2010 Limitation on Payments to Influence Certain Federal Transactions 52.203-13 OCT 2015 Contractor Code of Business Ethics and Conduct 52.203-14 OCT 2015 Display of Hotline Poster(s) 52.203-15 JUNE 2010 Whistleblower Protections Under the American Recovery and

Reinvestment Action of 2009 52,203-16 JUL 2016 Commercial and Government Entity Code Reporting 52.203-17 APR 2014 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights 52.203-19 JAN 2017 Prohibition on Requiring Certain Internal Confidentiality 52.204-2 AUG 1996 Security Requirements 52.204-9 JAN 2011 Personal Identity Verification of Contractor Personnel 52.204-10 OCT 2018 Reporting Executive Compensation and First-Tier Subcontract

Awards 52.204-12 OCT 2016 Unique Entity Identifier Maintenance 52.204-13 OCT 2018 System for Award Management Maintenance 52.204-15 OCT 2016 Contracts 52.204-19 DEC 2014 Incorporation by Reference of Representations and Certifications…