Ag-4D90-S-17-0035_Plot_Combine.pdf

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This acquisition for commercial items will be conducted using simplified procedures under FAR Part 13 and 13.5.

(ii) This solicitation number AG-4D90-S-17-0035 is issued as a Request for Proposal (RFP), and the acquisition procedures at FAR Parts 12 and 15 are being utilized. A requirements type Firm-fixed price contract as defined by FAR 16.503, to include a base period of three months from the date of award is contemplated. The Government plans to make award without negotiations.

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-60, dated August 27, 2012.

(iv) This is a 100% SMALL BUSINESS SET ASIDE and the applicable NAICS code is 441229, All other Motor Vehicles Exception Aircraft dealer, which has a size standard of $25.5 million (average annual revenue). Only quotes from small businesses will be considered. A size standard is the largest that a concern can be and still qualify as a small business for Federal Government programs. Size standards are the average annual receipts of a firm. How to calculate average annual receipts of a firm can be found in 13 CFR § 121.104. For more information on these size standards, please visit http://www.sba.gov/size.

Contracting Office Address Department of Agriculture, Natural Resources Conservation Service, Howard Stover, Contracting Officer 375 Jackson Street, Suite 600, St. Paul, MN 55101-1854

Responses are due by 08:00 a.m. Central Time, 7 July 2017 at USDA-NRCS (Attn: Howard Stover), 375 Jackson Street, Suite 600, St Paul, MN 55101. Quotes may be submitted via hard copy only.

Please submit four copies of the technical and price volumes.

Contact Howard Stover, Contracting Officer, e-mail Howard.Stover@wdc.usda.gov for information regarding this solicitation. No questions concerning this solicitation will be responded to after 15:00 pm 19 June 2017.

Performance Statement of Work

The Knox City PMC is in need of a new research plot combine. The unit will provide staff with a more efficient method of harvesting breeder seed. The machine must have a 99-hp diesel engine, hydrostatic drive with a cab. The combine must have a 7.5 foot (2.3 meter) cutting width header and additional pickup attachment. It must also have a 15 inch clearance from the ground to the bottom of the machine and have a wheelbase of 80 inches. The combine must have a universal cylinder and concave for all crops and three straw walkers for grain separation. Other options must include: a factory installed straw chopper, a Y-bagger to load directly into bags instead of the hopper, and an access door above the auger in the bottom of the hopper.

1. 99-hp diesel engine with hydrostatic transmission and cab

2. 7.5 feet (2.3 meter) cutting width header with additional pickup attachment

3. 80 inch wheel spacing

4. Y-Bagger option to load directly into bags instead of hopper

5. Access door above auger in bottom of hopper

Line Item Description Quantity Price

1 Plot Combine 1

2 Estimate Shipping

Charges

The clause at 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition and there are no addenda.

The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive

Orders—Commercial Items, applies to this acquisition and the following additional FAR clauses cited in the clause are applicable to this acquisition.

(b)

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I

(Oct 1995) (41

U.S.C. 253g and 10 U.S.C. 2402).

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012)

(Pub. L. 109-282)

(31 U.S.C. 6101 note).

(6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

(7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Feb 2012) (41 U.S.C.

2313).

(8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of

Division C of Pub. L.

111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of

Pub. L. 110-161).

(12) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

(14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

(17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

(23) 52.219-28, Post Award Small Business Program Re-representation (APR 2009)

(26) 52.222-3, Convict Labor (JUN 2003)

(27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (AUG 2009)

(28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

(29) 52.222-26, Equal Opportunity (MAR 2007)

(30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

(31) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)

(32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

(33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

(34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989).

(38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug

2011) (E.O. 13513).

(42) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008)

(47) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (OCT

2003)

(c)

(1) 52.222-41, Service Contract Act of 1965 (NOV 2007)

See wage determinations attached to this notice which the individual counties covered in each determination.

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires

(3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple

Year and Option

Contracts) (Sep 2009)

Additional contract requirement(s) or terms and conditions (such as contract financing arrangements or warranty requirements) determined by the Contracting Officer to be necessary for this acquisition and consistent with customary commercial practices. The following additional Federal Acquisition Regulation

(FAR) and Agriculture Acquisition Regulation (AGAR) clauses and provisions apply to this solicitation and any resultant contract award. FAR clauses and provisions can be found at https://www.acquisition.gov/far/current/html/FARTOCP52.html#wp372482. AGAR clauses and provisions can be found at http://www.da.usda.gov/procurement/policy/agar.html. Fill-in’s, as required, are provided with the provisions and clauses below.

Provisions

52.209-7 Information Regarding Responsibility Matters.

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission

Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed

Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the

Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options;

and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have (check one) current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of

$5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs

(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central

Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

AGAR 452.209-70 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION (DEVIATION 2012-01)

(FEB 2012)

(a) Awards made under this solicitation are subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012 (P.L. No. 112-55), Division A, Sections 738 and 739 regarding corporate felony convictions and corporate Federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2)

(i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) The Offeror has [ ], has not [ ] (check one) had any officer or agent of

Offeror convicted of a felony criminal violation for actions taken on behalf of

Offeror under Federal or State law in the 24 months preceding the date of offer.

(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of provision)

Clauses

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 30 calendar days.

(End of clause)

AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT

STATUS FOR CORPORATE APPLICANTS

(a) This award is subject to the provisions contained in the Agriculture, Rural Development, Food and Drug

Administration, and Related Agencies Appropriations Act, 2012, P.L. No. 112-55, Division A, Sections

738 and 739 regarding corporate felony convictions and corporate Federal tax delinquencies. Accordingly, by accepting this award the Contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal or State law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the NRCS may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739.

(End of Clause)

452.224-70 CONFIDENTIALITY OF INFORMATION (FEB 1988)

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

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

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

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

(d) If it is established that information to be utilized under this contract is subject to the Privacy

Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

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

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the

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

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

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

(End of Clause)

END OF SOLICITATION