Combined_Synopsis_Solicitation.pdf

RFQ NO. AG 31ME S 16 0008

Turnkey Nationwide Appraisal Services &

Technical Support

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Synopsis/Solicitation

I. THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

PREPARED IN ACCORDANCE WITH THE FORMAT IN FEDERAL ACQUISITION

REGULATION (FAR) SUBPART 12.6, STREAMLINED PROCEDURES FOR

EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS AND 13.5,

SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS, AS

SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS

NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION.

QUOTATIONS ARE BEING REQUESTED, AND A SEPARATE WRITTEN

SOLICITATION WILL NOT BE ISSUED.

II. The solicitation is issued as a Request for Quote (RFQ). Submit written quotes on RFQ number AG-31ME-S-16-0010.

III. Solicitation AG-31ME-S-16-0010 incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-88. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://www.acquisition.gov/far/.

IV. This is being issued as a TOTAL SMALL BUSINESS SET-ASIDE. The North American Industry Classification System (NAICS) code is 531320. The small business size standard is $7.5M.

V. This combined solicitation/synopsis is for purchase of the following commercial services and products:

Turnkey Nationwide Appraisal Services and Related Technical Support Services for the United States Department of Agriculture (USDA), Rural Development’s (RD) foreclosure activities and Real Estate Owned (REO) properties.

CLIN SUPPLIES/SERVICES

0001 Appraisal Services (Contiguous United States)

- Market Cost Approach

- Liquidation Valuation

0002 Broker Price Opinion

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Turnkey Range of Services to include, but not limited to: Appraisal Services, compliant with all Federal, State and Local statues, regulations and ethical standards, applicable to the liquidation of loan security and collection of debts, for the respective states. RD portfolio of properties are located rural communities, in all 50 states.

Procurement Methodology. The USDA, Rural Development (RD) anticipates awarding a firm-fixed priced, Blanket Purchase Agreement(s) (BPA) under this solicitation, in accordance with the attached Performance Work Statement (PWS) titled “Turnkey Nationwide Appraisal Services and Related Technical Support”. RD does not have a target number of agreements for this BPA. The government may make multiple awards under this solicitation. Orders against this BPA will be services.

VI. Description of requirements is as follows:

Performance Work Statement (PWS) specifics.

VII. Delivery: USDA, Rural Development, Centralized Servicing Center, Default Management Branch, St. Louis Missouri.

VIII. The provision at FAR 52.212-1, Instructions to Offeror – Commercial Items (Oct 2015), applies to this acquisition.

FAR 52.212-1 Instructions to Offerors -- Commercial Items (Oct 2015) (Addendum)

The text of paragraph "f" is hereby deleted, and the paragraph is annotated as "Reserved." All references herein to "offerors" shall be construed as "vendors," and all references herein to "offers" or "bids" shall be construed as "quotes."

IX. The provision at FAR 52.212-2, Evaluation – Commercial Items (Oct 2014) applies to this acquisition.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be the most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

• Evaluation Factor 1- Technical Approach How well the proposed Business Solution meets the Government’s requirement as outlined in the Performance Work Statement.

• Evaluation Factor 2- Service-Disabled Veteran-Owned Small Business Status

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(a) In an effort to achieve socioeconomic small business goals, Rural Development, shall evaluate offerors based on their Service-Disabled Veteran-Owned Small Business (SDVOSB) status and their proposed use of SDVOSB’s.

(b) Eligible Service-Disabled Veteran-Owned offerors will receive full credit. To receive credit, an offeror must be registered and verified in Vendor Information Pages (VIP) database. (http://www.vetbiz.gov).

(c) Non-veteran offerors proposing to use Service-Disabled Veteran-Owned Small Businesses as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their quotation submittal the names of the SDVOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VetBiz.gov VIP database (http://www.vetbiz.gov

• Evaluation Factor 3- Past Performance Past performance evaluation may be based on one or more of the following:

(A) The contracting officer’s knowledge of and previous experience with the supply or service being acquired;

(B) Customer surveys, and past performance questionnaire replies;

(C) The Governmentwide Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov; or

(D) Any other reasonable basis.

(E) Quoters with no past performance may be seen as risker than those with past performance.

• Evaluation Factor 4- Price

EVALUATION AND SELECTION PROCESS

Evaluation and selection are made under FAR Part 13 procedures; therefore, FAR 12 and 15 evaluation and selection procedures are not applicable. The quoters shall be evaluated

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The process is purposefully streamlined, and USDA, Rural Development (RD) has broad discretion in the evaluation procedures, by considering positive attributes, negative attributes, and potential risk of the overall quotation.

Following an analysis and evaluation, award may be made to the Quoter(s) that is evaluated to be the best value and determined responsible. RD reserves the right to award to other than the lowest quoted price.

Technical (Volume I) is more important than price (Volume II); however, the degree of importance of price as a factor could become greater when competing quotations are evaluated as technically equal, when considering all of the quoters’ attributes.

X. Vendors are advised to include a complete copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (APR 2016), with its offer. (Attachment 3) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (q) of this provision.

XI. The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items (MAY 2015), applies to this acquisition.

ADDENDA to Contract Terms & Conditions – Commercial items (FAR 52.212-4)

(MAY 2015)

52.219-14 Limitations on Subcontracting (NOV 2011)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) concerns;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) concerns; and

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(3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(End of clause)

52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days prior to expiration of the current period of performance.

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to expiration of the current period of performance;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of clause)

52.242-17 Government Delay of Work

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XII. The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders – Commercial Items (MAR 2016), applies to this acquisition.

(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 items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 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 items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

Alternate I (Oct 1995). As prescribed in 3.503-2, substitute the following paragraph in place of paragraph (b) of the basic clause:

(b) The prohibition in paragraph (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation. For acquisitions of commercial items, the prohibition in paragraph (a) applies only to the extent that any agreement restricting sales by subcontractors results in the Federal Government being treated differently from any other prospective purchaser for the sale of the commercial item(s).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

_X_ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111- 117, section 743 of Div. C).

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_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C.

6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.

644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.

637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C.

637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2015) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C.

637(m)).

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__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

_X_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(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.)

__ (36)(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.

__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (39)(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_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (41) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805

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__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

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

_X_ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

_X_ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_X_ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (6) 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).

_X_ (7) 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).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C.

5112(p)(1)).

(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, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $700,000 ($1.5

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(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(ix) 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.

(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xi) __(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

(xii) 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).

(xiii) 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).

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

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Solicitation Provisions Incorporated by Reference:

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far.

52.209-2 -- Prohibition on Contracting with Inverted Domestic Corporations— Representation (NOV 2015)

52.212-1 -- Instructions to Offerors—Commercial Items (OCT 2015)

52.223-1 – Bio-based Product Certification (MAY 2012)

52.204-7 - System For Award Management (JULY 2013)

52.209-2 - Prohibition on Contracting with Inverted Domestic Corporations— Representation (NOV 2015)

52.217-5 - Evaluation of Options

XIII. ADDITIONAL TERMS AND CONDITIONS

52.232-40 - Providing Accelerated Payments To Small Business Subcontractors (DEC 2013)

52.222-19 – Child Labor – Cooperation With Authorities and Remedies (FEB 2016)

AGAR 452.201-70 - 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.

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AGAR 452.246-70 - INSPECTION AND ACCEPTANCE (FEB 1988)

ALTERNATE I (FEB 1988)

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

(b) Inspection will be performed at: USDA, RD, CSC, 4300 Goodfellow Blvd., St.

Louis, MO 63120.

(c) Acceptance will be performed at: USDA, RD, CSC, 4300 Goodfellow Blvd., St.

Louis, MO 63120.

(End of clause)

AGAR 452.211-73 - ATTACHMENTS TO STATEMENT OF

WORK/SPECIFICATIONS (FEB 1988)

The exhibits to the Performance Work Statement/Specifications are hereby made part of this Blanket Purchase Agreement and any resultant contract.

52.246-1 - CONTRACTOR INSPECTION REQUIREMENTS (APR 1984)

52.246-4 - INSPECTION OF SERVICES—FIXED-PRICE (AUG 1996)

XIV. SECURITY & SECTION 508 REQUIREMENTS:

Section 508 Program Need

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: Electronic Documents.

Section 508 Service Requirements Section 508 must be considered as a requirement on the delivered Electronic Documents. Technical requirements 1194.22 Web-based Internet and Intranet Applications and Information, as well as the Functional Performance Criteria detailed in 1194.31 apply to these deliverables. Solicitation respondents must describe how their proposed delivered Electronic Documents will meet at least those requirements identified in the attached Government Product/Service Accessibility Template (GPAT). (Attachment 7).

For web-based applications (intranet, internet information and applications, 16 rules), the Contractor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

(1) 29 U.S.C. 794d (Rehabilitation Act as amended)

(2) 36 CFR 1194 (508 Standards) 36 CFR Part 1194.22 (a – p)

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36 CFR Part 1194.31 (a – f) 36 CFR Part 1194.41 (a – c)

(3) www.access-board.gov/sec508/508standards.htm (508 Standards)

(4) FAR 39.2 (Section 508) (5)http://www.ocio.usda.gov/sites/default/files/docs/2012/USDA_Section_508_R eference_Manual_2003.doc USDA Resources - USDA Section 508 Reference Manual

Electronic documents delivered must also be made available in alternate formats upon request, including formats compatible with assistive technology at no additional charge.

SECURITY REQUIREMENTS:

FACILITY ACCESS REQUIREMENTS

Daily access to facilities may be required when performing work under this contract.

Specific processes for obtaining required badges for Contractor personnel are discussed below. Contractor personnel who do not routinely work on the Government site and do not have a Contractor badge shall coordinate with the COR prior to attending onsite meetings at USDA facilities. The following Government specific security requirements must be followed to obtain facility access and obtain a Building Pass:

a. The Contractor shall ensure that each Contractor employee has been issued a badge from the Government. The Government may issue temporary or visitor badges for Contractor employees who are identified as having an infrequent or temporary legitimate business need for access to the Government site. The badge shall serve to authorize the wearer to enter and leave the security area. The badge must be worn so as to be clearly visible at all time when on the work site. The badge shall be retained by the individual as long as they require continued admittance to the site.

b. Each Contractor employee shall be subject to Federal laws applicable to Government installations, e.g., a ticket issued by the Federal Protective Officers and possible tow-away of vehicle.

c. The Government reserves the right to exclude or remove from the site or building any employee of the Contractor or Sub-Contractor whose background investigation indicates an undesirable history as discussed in the Background Investigation Requirements section.

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d. When the Government directs, the Contractor shall remove from performance any person who is identified as a potential threat to the health, safety, security, general well-being, or operational mission of the USDA and its population.

REMOTE NETWORK ACCESS REQUIREMENTS

The Contractor shall comply with the USDA Office of the Chief Information Officer - Information Technology Network Access Security Policy, (Attachment 8):

a. All remote access shall be through a virtual private network (VPN) or personal

WIFI.

b. To protect against loss or theft, sensitive data stored on a laptop should be encrypted. The documents folder is encrypted on USDA issued laptops.

c. It is not normal policy to store sensitive date on portable computers. If the data is being accessed from a system that is secured, then the data should remain on that protected system.

d. Also when transmitting sensitive information through email it should be win-zipped and password protected.

e. If data is compromised, the Contractor shall comply with guidance provided in the Security Incident Guide (Attachment 9).

HSPD-12 SECURITY OPERATING PROCEDURES

The Contractor shall comply with agency (RD) personal identity verification procedures that implement Homeland Security Presidential Directive - 12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

The Contractor shall insert this clause in all subcontracts when the Subcontractor is required to have physical access to a federally controlled facility or access to a Federal information system.

PHYSICAL SECURITY

The Contractor shall be responsible for properly protecting all information used, gathered, or developed in performance of this contract. The Contractor shall implement procedures to ensure that appropriate administrative, technical, and physical safeguards are established to ensure the security and confidentiality of sensitive Government information, data, and/or equipment. The Contractor’s procedures shall be consistent with Government policies, OMB Memorandums & Circulars, FISMA, the Computer Security Act of 1987, and the Privacy Act. In addition, during all activities and

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SENSITIVE INFORMATION STORAGE AND DISCLOSURE

Sensitive But Unclassified (SBU) information, data, and/or equipment shall only be disclosed to authorized personnel on a Need-To-Know basis. The Contractor shall ensure that appropriate administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, and/or equipment is properly protected. When no longer required, this information, data, and/or equipment shall be returned to the Government. The Government shall determine the destiny of such information, data, and/or equipment. If the Government determines that such information, data, and/or equipment is to be destroyed, the destruction shall be accomplished by burning, shredding, or any other method that precludes the reconstruction of the material but only after direction by the Government. All sensitive information contained on Contractor computers shall be either degaussed or shall use the NIST 800-88 (Guidelines for Media Sanitization) but only after coordination with the Government (See Attachment 10, Conditional Access to USDA Sensitive but Unclassified Information Non-Disclosure Agreement).

PROTECTION OF INFORMATION

The Contractor shall be responsible for properly protecting all information used, gathered, or developed in performance of this contract. The Contractor shall also protect all Government data, equipment, etc. by treating the information as sensitive. All information about the systems gathered or created should be considered as SBU information. It is anticipated that this information shall be gathered, created, and stored within the primary work location. If Contractor personnel must remove any information from the primary work area they shall protect it to the same extent they would their proprietary data and/or company trade secrets. The use of any information that is subject to the Privacy Act shall be utilized in full accordance with all rules of conduct as applicable to Privacy Act Information.

UNAUTHORIZED REPRODUCTION

All files, records, papers, or machine-readable materials created or revised using equipment or materials provided are the property of the United States Government. The Contractor shall not replicate or reproduce information unless specifically approved in writing by the CO. The Contractor shall adhere to all rules, regulations, and procedures relating to security and confidentiality for work performed and any information handled in the course of this work.

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COMPLIANCE WITH SOFTWARE LICENSES AND PROCEDURES

If Contractor-furnished equipment and material are used, the Contractor shall be responsible for ensuring that only commercial, duly licensed software is used. Under no circumstances may "bootleg”, "pirated," or other unofficial copies of software be installed on equipment. Within one working day of any written request from the Contracting Officer, the Contractor shall furnish proof of legitimate purchase, or license, of the software used.

INTELLECTUAL PROPERTY RIGHTS

The existence of any patent, patent application, or other intellectual property right that encumbers any deliverable must be disclosed in writing in the cover letter that accompanies the delivery. If no such disclosures are provided, it is assumed that the no intellectual property rights apply.

LOGICAL ACCESS CONTROL

Prior to accessing USDA information systems, Contractor personnel shall review and acknowledge the "User Agreement/Rules of Behavior" and the “Acceptable Use Policy.”

Once all the RD or other USDA RD required logical access documents and handbooks have been reviewed, Contractor personnel shall sign the User Agreement and have the form filed with the COR (Attachment 10). (Attachment 11, for copy of the Contractor or Subcontractor Employee Non-Disclosure Agreement).

INCIDENT RESPONSE

A security incident is classified as any event that violates laws, regulations, or security policies. Contractor and Contractor Partners shall comply and respond in accordance with the USDA Incident Response Procedures DM3505-01.

COMPUTER SECURITY AWARENESS TRAINING

Prior to accessing USDA information systems, if required, Contractor personnel shall ensure that the annual Security Awareness Training has been completed or is scheduled to be completed. If applicable, it may be required for Contractor personnel to complete specialized training. This training shall be completed on an annual basis, if required.

Vendors awarded a Blanket Purchase Agreement (BPA) will be required to execute a Non-Disclosure Agreement within 7 days after award and before commencement of services to be provided.

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LIST OF ATTACHMENTS

Attachment 1 Performance Work Statement/Performance Requirement Summary

Attachment 2 Schedule of Service Price Quotation Worksheet

Attachment 3 Representations & Certifications Attachment 4 Form AD-3030 Attachment 5 Form AD 3031 Attachment 6 Blanket Purchase Agreement Attachment 7 SAMPLE - Government Product/Service

Accessibility Template (GPAT) Attachments 8/9/10/11

Network Access Security Policy; Security Incident Guide; Non-Disclosure Agreements

Exhibit A Courtesy Copy_ Past Performance Questionnaire