B3 12639524Q0120 RFQ.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

APHIS-MN-126395

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

USDA APHIS

AMS-CN-ADMN-4740 CODE 16. ADMINISTERED BYCODE

X

X

X

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MN-126395

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

04/12/2024 1400 CT

03/22/2024

612-336-3204JEREMY POULIOT

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639524Q0120

5. SOLICITATION NUMBER

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

1 54 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

MEMPHIS TN 38133-2701

3275 APPLING ROAD, ROOM 2

ADMINISTRATIVE STAFF

15. DELIVER TO

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

DUNS Number: Not Available

Please read the full addendum before submitting questions. Questions and responses/quotes must be submitted via email to Jeremy.pouliot@usda.gov.

Delivery: 06/30/2025 Period of Performance: 07/01/2024 to 06/30/2029

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

JEREMY A. POULIOT

. 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 (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

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: REFERENCE

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. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0001 Ordering Period 1: July 1, 2024 - June 30, 2025 1 DH

Product/Service Code: V112

Product/Service Description:

TRANSPORTATION/TRAVEL/RELOCATION- TRANSPORTATION:

MOTOR FREIGHT

Period of Performance: 07/01/2024 to 06/30/2025

Contracting Officer

Jeremy Pouliot jeremy.pouliot@usda.gov

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

54 2 of

Notes to Quoters

1. This solicitation is being issued in accordance with FAR Part 12 and Part 13 and is a Request for Quote.

This solicitation is for a five (5) year firm fixed price (FFP) Indefinite Delivery, Indefinite Quantity (IDIQ) contract consisting of five (5) ordering periods.

2. Contractor’s price (B.1 Pricing Schedule) must break down how much of the total rate per mile is attributed to labor costs and how much is attributed to fuel costs. The total rate per mile should be more than the combined total of labor and fuel. Both the labor and fuel rates must be as close to representing the actual costs for those categories as can be reasonably determined. Labor and fuel rates must not include any profit or overhead. Profit and overhead is part of the total rate and not listed separately.

a. Please duplicate B.1. Pricing Schedule for each route you wish to quote

b. The fuel index that we will be using can be found at Gasoline and Diesel Fuel Update - U.S. Energy

Information Administration (EIA)

i. Select the regional index that best fits each route

3. Send your quote to Jeremy.pouliot@usda.gov on or before the response due date/time listing on the Form 1449. It is the contractor’s responsibility to ensure quotes are received on time. Please note that file size limitations, formatting, or other problems may hamper receipt so please verify that Jeremy has received your quote.

a. The following items must be submitted with a valid response/quote

i. Company UEI number and confirmation of current SAM registration

ii. Completed Price Schedule (section B.1)

1. Provide your pricing for each ordering period even if you don’t increase the rate.

2. Copy the pricing schedule and fill out one for each route you wish to submit a quote for. (may quote one or more route to be considered for award)

iii. A list of the vehicle set up contractor intends to use to perform the work under this contract to include size type of enclosed trailer/box truck (how must cubic storage space).

iv. A statement to whether or not the contractor intends to use subcontractors

v. If you already have the required insurance you may include it with your quote (must have insurance prior to receiving award)

vi. Include past performance references for same/similar work, minimum of 2, maximum of

4 references must be submitted with the quote to be considered for award.

1. Include name of company,

2. Person you worked with along with phone number or email address

3. If subcontracting, include references in which you utilized subs on other contracts

a. Include a list of the subcontractors that you may use.

vii. Completed fill-in sections of all applicable Provisions under section: D.3 Contract

Provisions. Some provisions have sections to be completed if applicable and checkboxes that require a selection of one or another checkbox. Please ensure to read all provisions carefully and fill in all applicable sections. Many Provisions could be completed in the offeror’s SAM registration. If the offeror elects not to fill in the provision below, the offeror must have an updated SAM with provisions updated to be considered for award.

4. Awards for each route will be made to the contractor who’s quote represents the best value to the government. When determining Best value the Government shall take into consideration price and other factors.

5. Any questions pertaining to this Request for Quote (RFQ) shall be directed to Jeremy Pouliot, by email to Jeremy.pouliot@usda.gov no later than five (5) business days before offers are due.

6. Contractors must be registered in SAM prior to submitting a quote. Please ensure that your registration is current.

7. USDA is an Agency of the Federal Government, Tax-Exempt Federal Tax ID No 41-0696271.

8. This solicitation is being issued as a small business set aside under NAICS 484220, with a small business size standard of $30.0 Million.

https://www.eia.gov/petroleum/gasdiesel/ https://www.eia.gov/petroleum/gasdiesel/ mailto:Jeremy.pouliot@usda.gov mailto:Jeremy.pouliot@usda.gov

Addendum

SPECIFICATIONS FOR COTTON SAMPLE HAULING SERVICES

Mileage Based Contract

B.1. PRICING SCHEDULE

Route Name: ___________________ Fuel Type Used: __________

EIA Index Used: _________________ Ave Price per Gal: $ ________

Ordering Period 1 – July 1, 2024 through June 30, 2025

Unit Contract Labor Rate (per mile) $ _______

Unit Contract Fuel Rate (per mile) $ _______

Total Rate Per Mile* $ _______

Ordering Period 2 – July 1, 2025 through June 30, 2026

Unit Contract Fuel Rate (per mile) $ _______ (should be the same every year since it is based on the same index)

Ordering Period 3 – July 1, 2026 through June 30, 2027

Ordering Period 4 – July 1, 2027 through June 30, 2028

Ordering Period 5 – July 1, 2028 through June 30, 2029

* Total Rate Per Mile should consist of Labor, Fuel, Overhead, and Profit. Total rate per mile is a Firm Fixed Price and can only be adjusted based on changes in the Fuel index and/or Wage Determination (see sections C.12.3 and C.12.4). Profit and Overhead will not be adjusted once award is made. If the contractor estimates that overhead will increase over the life of the contract, they must make those calculations at the time of submitting their quote by adjusting the total rate per mile year over year.

C.1 BACKGROUND:

Agricultural Marketing Service (AMS), Cotton and Tobacco Program (CTP), Grading Division (GD), supports the orderly and efficient marketing of U.S. cotton, domestically and internationally, by providing unbiased classification, standardization, market news and oversight of the research and promotion programs.

The USDA, AMS, CTP operates High Volume Instruments (HVI) to electronically classify cotton samples (each approximately 8 ounces) that are taken from full bales (500 pounds) at gin locations and transported to designated testing laboratories operated by the CTP.

Under current testing procedures an individual places samples in designated locations on the HVI to test fiber length, strength, uniformity, micronaire, color and trash content. These instruments are solely relied upon by USDA and the domestic and international cotton industries to provide accurate and timely classification data for the marketing stream. The resulting data is transmitted in real time, as samples are tested, to mainframe computers and made available to owners or agents of the cotton all over the world. CTP is considered the world’s leader in HVI testing and tests virtually every bale of cotton grown in the U.S. each year (approximately 15-18 million samples on average in a typical year) so speed, accuracy and efficiency are key components of the CTP operation in each of its ten testing locations across the Cotton Belt (cotton producing states across the United States).

C.2 SCOPE:

The government requires contractor services for the transporting of sacks of cotton samples from gins and warehouses at points shown in the attached specifications/maps to the U. S. Department of Agriculture (USDA), AMS, CTP, Classing Office, listed for each route. The contractor shall furnish all necessary labor, tools, truck(s) and equipment in accordance with these specifications, general provisions, and all other conditions of this Statement of Work (SOW) necessary for transporting of sacks of cotton samples from the Gins to a designated USDA Cotton Classifying Office (classifying office).

C.3 TASKS:

The Contractor is responsible for completing the tasks described below.

• Drive to pick-up locations for the route(s)

• Load all sacks of cotton samples at every pick-up location into truck/trailer in compliance with the requirements of this contract

• Drop off/unload all sacks at the classifying office listed for route(s) or other classifying office, if so directed by the Contracting Officer (CO) or classifying office Director or designee.

• Maintain all equipment in accordance with section C.6.

• Driver must be licensed and legally able to drive the vehicle as set up for Cotton sample hauling.

o It is the contractor's responsibility to ensure every driver is properly licensed in accordance with state and federal laws.

o It is the contractor's responsibility to ensure all drivers are obeying all applicable laws and regulations for operating their rig and are not under the influence of any substance that could impair their driving ability.

• Invoice for miles driven, up to the max allowed, for each route in accordance with section C.8.

• Maintain good communications with CO and classifying office.

o Return calls and emails within 24 hours o Hand in mileage daily to classifying office director or designee.

o Report any issues with the route such as road closures or construction immediately upon being made aware of the issue to the CO or COR via email and the classifying office director or designee.

o Report any issues with a driver’s ability to complete the route immediately upon learning of the issue on a given day or any delays in completing the route and steps the contractor is taking to remedy the situation.

• Return empty sacks to the gins/warehouses.

C.3.1 PICK-UP AND DELIVERY POINTS:

Contractor shall furnish ALL necessary labor for loading sacks of cotton samples at pick-up points. Sacks of cotton samples will be picked up from warehouses and/or gins in the territory as listed in each of the route attachments.

Contractor shall furnish all necessary labor for unloading sacks of cotton samples at delivery point. The sacks of cotton samples will be delivered to the Classing Office associated with each route or to a storage facility close to the classing office as designated by the Area Director. The contractor shall provide all labor for the unloading of sacks. No assistance will be provided by anyone at the gins nor the classifying office.

Some pick-up and drop-off locations will have loading docks. Other locations will not. The contractor must be able to pick up and drop off under BOTH conditions. Contractors must be able to load and unload the sacks of cotton samples without any assistance from the pick-up locations and the classifying office.

C.3.2 COTTON SAMPLE SACKS:

The size of the sacks will be approximately 29" by 42". Most sacks will weigh between 20 and 50 pounds when completely filled with cotton samples. The CTP requires licensed sampling agents to place samples in the sacks as tightly as possible in order to maintain sample identity and integrity. Therefore, the number of samples within the sacks can vary considerably by pick-up point due to sample size and techniques utilized to roll samples in the sacks. All hauling services for sacks will be at the direction of the local point of contact for each route, under the direction of the Contracting Officer’s Representative (COR).

C.3.3 RETURN COTTON SAMPLE SACKS:

The contractor will be required to return bundles of empty cotton sample sacks to sampling agents at each gin/warehouse. The empty sacks will be rolled and/or sacked.

C.3.4 VERIFICATION OF DAILY MILEAGE AND NUMBER OF SACKS PICKED UP & DELIVERED

A form to be used for the verification of the daily mileage and number of sacks of cotton samples picked up and delivered to the Classing Office or storage facility will be furnished to the contractor by the Area Director prior to commencement of this contract. Complete instructions for completing the form will be furnished to the contractor and one copy of each completed form must be attached to the contractor's invoice when submitted for payment.

Each route will have a maximum mileage that can be billed assigned based on all possible pick-up and drop-off locations. This maximum mileage is based on picking up cotton samples at every pick-up location and dropping off at the USDA classifying office. Year-to-year and within each season, the maximum mileage allowed for each route will change based on the number and location of pick-up locations. USDA utilizes internet mapping sites to determine the most direct route based on which gins are operating and require pick up. USDA then adds a few miles to the most direct route to account for refueling needs to determine the maximum billable mileage for the route throughout the season.

If the contractor has determined that the most direct route to a pick-up location is not feasible due to road conditions such as a low bridge or road closure, the contractor is responsible for notifying the classifying office director, designee, or COR to discuss proposed alternative routes and adjustments to the maximum mileage allowed for a given period based on the duration the issue poses an issue.

Contractors may elect to utilize digital tracking devices such as GPS to print out actual miles driven day to day to support the contractors invoicing. USDA will accept digital tracking data for actual mileage provided that the route taken is the most direct route or an approved alternate route based on road conditions. Acceptable deviations from the most direct route include approved alternate routes and refueling needs.

Acceptable mileage for invoicing starts at the first pick-up location or the classifying office. USDA will not pay for deadheading from home or contractor’s business location to the first pick-up location. Likewise, acceptable mileage ends at the last pick-up or drop off location. All mileage driven outside of the route must be covered by the company’s overhead rate per mile driven on the actual route.

** Mileage at the beginning and end of the cotton hauling season is typically lower due to the number of gins processing cotton. There is no guaranteed minimum mileage for a route on a given day. Mileage will vary throughout the season.

C.4 PERIOD OF PERFORMANCE:

Sample hauling services are required for the cotton harvest seasons. This time period could vary depending on the location of the services and the duration of the cotton harvest. Based on prior years and specific route, the cotton season starts around July 1 and ends on or about February 28. However, services will be ordered as needed, and the equipment must be available at any time during the cotton harvest season. Specific start dates for each route will vary and contractor will be given an estimated time frame of when sample hauling for their route(s) begins at least 30 days prior to hauling services begin.

The overall period of performance for this contract shall be 07/01/2024 through 06/30/2029. Services will be ordered through individual Task Orders (TOs) between this timeframe based on the quoted mileage rate for each ordering period and adjusted based on the conditions and parameters set forth in sections C.12.3 and C.12.4.

C.4.1 CONTRACTOR NOTIFICATION OF WHEN SERVICES ARE REQUIRED:

The contractor will be notified by phone or in writing by the Area Director of the exact date(s) to begin the required services. This notification shall be given at least two (2) days in advance of the date of commencement of services (an estimated date will be given roughly 30 days prior). Pick-up service will be initiated upon the request of the Area Director in the Classing Office. This may require services on a less frequent basis than twice a week, at the onset and end of the ginning season. Should the harvest be interrupted by an extended period of inclement weather, making regular pick up/delivery impractical, services may be rescheduled as approved by the Area Director after consultation with the COR. Termination or rescheduling of this service shall also occur when the pick-up locations are nonoperational.

C.4.2 DAILY SERVICS AND PEAK SEASON SCHEDULE:

Upon notification from the Area Director that daily deliveries are required; the contractor shall transport sacks of cotton samples daily, Monday through Sunday, as directed by the Area Director or their designee. Heavy harvesting will generally take place during a 13 week period and vary route to route. Approximate timeframe and dates may change due to variations of weather, crop conditions, or other factors outside the control of the parties to this contract.

C.5 CONTRACTOR'S LIABILITY:

Extreme care must be exercised in handling sacks of cotton samples. The sacks shall in no case be opened. The contractor shall be responsible for safeguarding all sacks of cotton samples while in his/her possession or care.

He/She shall use all reasonable care in the protection of the sacks and shall be liable to the government, or the entity samples are received from, for loss or damage to the contents of the sacks. The contractor shall assume full responsibility for all damages or injury to persons or property that may occur in connection with performance of the work. He/She shall take reasonable steps to prevent injury or damage to persons or property in the performance of this contract. He/She shall not commit or permit any act which will interfere with the performance of the duties of the government employees at the shipping or receiving points.

There shall be no use of alcoholic beverages, illegal drugs, or illegal substances by any persons performing pickup, hauling, or delivery of sacks of cotton samples under the terms of this contract. Legal drugs, such as prescription medication, must not impair the contractor or an employee’s ability to perform under this contract. Contractor is responsible for ensuring that all laws and regulations are followed by their drivers at all times while performing work under this contract.

Weapons shall not be carried on government property or during performance of the contract. Violation of these prohibitions shall result in termination of the contract.

C.6 EQUIPMENT:

The contractor shall, on request of the Area Director, furnish proof that equipment, vehicles and/or trucks, are reliable and of sufficient capacity in the opinion of the Area Director to fulfill terms of this agreement. If the contractor plans to rent vehicles and/or trucks to perform hauling services, the contractor shall provide the Area Director proof of an agreement that has been established for vehicles and/or trucks between the contractor and a rental company. The contractor shall furnish the Area Director proof of equipment and/or proof of a rental agreement within 15 days after the notice from the government of an estimated start date. Lack of such proof to the satisfaction of the Area Director and the COR will be sufficient grounds to disqualify contractor or terminate the contract at any time. Vehicles used by the contractor must be enclosed to protect sacks from adverse weather conditions and from possible loss. Contractor must furnish a contact telephone number available for notification of special situations or problems that may occur during workdays prescribed. The contractor must provide the driver(s) of the truck(s) with a cellular phone at all times while picking up sacks on the contract route.

In accordance with FAR Clause 52.223-18 drivers must not text while driving under this contract. Phones calls must only be sent/received through use of a hands-free device. If a hands-free device is not available, drivers must be in a safe location and vehicle in park to make or receive phone calls while performing under this contract.

C.7 LICENSES AND INSURANCE

The contractor shall be a commercially licensed and fully insured carrier (To cover replacement of the cargo -cotton samples and sacks. The minimum cargo insurance coverage must be $100,000 or an amount high enough that would cover the loss of cargo based on the trucks capacity) and comply with all applicable state and local ordinances and laws. Prior to written confirmation of the contract award, the contractor shall furnish the Area Director a copy of the insurance certificate. This certificate must be received by the Area Director by within 15 days after notice of the estimated start date(s) each contracted year. Failure to provide the insurance certification within the specified time will result in no work for current season and potential cancelation of the contract.

Contractor shall also provide the Area Director a signed statement from the contractor's insurance company stating that the Area Director will be notified, in writing, by the insurance company of any changes in insurance during the life of this hauling contract within 5 business days of the change. This statement is also required within 15 days after notice of the estimated start date(s) of each contracted year. Failure to comply with this requirement will result in no work for the current season and potential cancellation of the contract.

C.8 INVOICES:

Itemized invoices prepared by the contractor for services rendered must be submitted after the 15th of each month for the period of 1st through the 15th. Another invoice for the period of 16th through the end of each month will be submitted after the last day of the month. The invoices may be sent to the Area Director for review to ensure the accuracy of the invoice prior to invoicing in the Invoice Processing Platform (IPP). The Area Director will verify invoice within three working days of invoice receipt. Any discrepancies will be discussed with the contractor and resolved before invoices are submitted for payment.

Contractor may submit their invoice in IPP after verification by the Area Director or right away. Each contractor must ensure they are setup in IPP at www.ipp.gov as a vendor prior to submitting invoices for payment. The contractor’s account will be auto-generated once the contractor received their first government contract. The email address in the contractor’s SAM.gov account will be sent information on how to set up their password and any security questions setting up their IPP account.

Invoices must have:

• company name, address, and phone number

• Dates work was performed

• Total miles driven along with a daily breakdown

• The name of the route that the work was performed on

• Any supporting documentation for the miles driven

(This contract will be paid based on the per mile rate submitted for performing the duties of picking up cotton sacks.)

C.9 PAYMENT TERMS:

Payment for services invoiced shall be made by the government within thirty (30) days of receipt of the invoice in IPP. If a contractor’s invoice is rejected in IPP for any reason, the 30-day clock is paused until the invoice is corrected and re-uploaded into IPP. Please note that the 30-day clock does not start until the later of:

• Date invoice is submitted in IPP

• Date services are received and accepted by government

Contractors should not submit an invoice in IPP before the services have been completed for the billing cycle.

Submittal of an invoice prematurely will result in a rejection of the invoice by the IPP approver.

C.10 IMPORTANT NOTICE:

The contractor will not accept any instructions issued by any person other than the Contracting Officer (CO), the COR, or the Area Director (or designee) acting within the limits of their delegated authority.

No information other than that which may be contained in an authorized amendment to this contract will be considered as grounds for deviation from any stipulation of this contract or referenced drawings and/or specifications. No out of scope modifications will be made to the agreed upon terms of the contract. The number of miles estimated is the best estimate based on each route and their potential pick up sites. Between the time of award and commencement of services each season, some pick up points may not operate due to crop reductions, yields, and growing conditions while additional ones may be added should favorable production elements exist. While route pick up sites may change from season to season and even throughout the season due to growing and harvest conditions, routes generally incorporate the same area.

As it is impossible to determine the exact mileage that will be required during the contract period, the contractor will be required to deliver all services that may be ordered during the contract period of performance. The fact that mileage is estimated shall not relieve the contractor from filling all orders placed under the contract to the extent of his/ her obligation. Example: CONTRACTOR WILL ONLY BE PAID FOR ACTUAL MILEAGE. IF ACUTAL MILEAGE IS LESS THAN THE ESTIMATED MILES, THEN YOU WILL ONLY BE PAID FOR ACTUAL MILEAGE.

CONTRACTOR IS NOT TO DRIVE AND CTP MUST NOT DIRECT THE CONTRACTOR TO DRIVE BEYOND THE MILES THAT ARE FUNDED. IF ADDITIONAL MILEAGE IS REQUIRED TO FINISH HAULING FOR THE SEASON, THE CO MUST

MODIFY THE ORDER TO ADD ADDITIONAL FUNDED MILES.

C.10.1 SUBCONTRACTING

The contractor awarded this contract (prime) may elect to subcontract some or all of the work under this contract to a subcontractor. If the contractor elects to subcontract any of the work, the contractor becomes the Prime contractor, and the subcontractor is listed as a subcontractor.

All terms, conditions, and clauses of the prime contract must be included in all subcontracts and subcontractors must be held to the same laws, regulations, and clauses herein.

Prime contractors work directly with the government and manage any subcontractors. It is the responsibility of the prime contractor to ensure that the subcontractor they wish to subcontract to meets any qualifications and/or requirements to be a subcontractor. The prime contractor is ultimately responsible for ensuring that all work performed meet the standards as laid out in this contract. Any failures of the subcontractor shall be failures of the prime contractor in the eyes of the government. The government will not interact with the subcontractor and will relay any deficiencies to the prime contractor to be remedied. If the prime contractor holds the insurance required under this contract, the contractor must ensure that the insurance plan covers work performed by the subcontractor. If the subcontractor holds the insurance required under this contract, the prime contractor shall ensure that USDA receives a copy and is listed as a party under the insurance and will be notified if and when any changes to the insurance plan take place.

Make sure to read FAR Clause 52.219-14 Limitations on Subcontracting, which is incorporated by reference into this contract. You can find the full text of the contract clause at www.acquisition.gov/far/part-52.

http://www.acquisition.gov/far/part-52

C.11 POINTS OF CONTACT:

Contracting Officer (CO):

Jeremy Pouliot USDA, AMS, Cotton and Tobacco Program 250 Marquette Ave, Suite 410 Minneapolis, MN 55401 Email: jeremy.pouliot@usda.gov Cell: 612-499-3410 Phone: 612-336-3204

Contracting Officer’s Representative (COR):

To be Named on Award USDA, AMS, Cotton and Tobacco Program 3275 Appling Road, Room 2 Memphis, TN 38133 Email: @usda.gov Phone: xxx-xxx-xxxx

Area Director:

To Be Named on Award USDA, AMS, Cotton and Tobacco Program Street Address City/State Email: @usda.gov Phone: xxx-xxx-xxxx

C.12 CONTRACT ADMINISTRATION

This contract is a Firm fixed Price (FFP) with Economic Price Adjustment (EPA) Indefinite Delivery, Indefinite Quantity (IDIQ) contract consisting of five (5) ordering periods. Each ordering period consists of one (1) year.

Orders for each cotton hauling season shall be issued against this IDIQ contract. All terms and conditions and clauses of this contract apply to all orders issued against this contract.

The ceiling for this contract is $7.5 million. Orders issued against this contract must not, in aggregate, exceed the ceiling amount. If the ceiling is met, this contract ends and a new contract will need to be put in place. The ceiling amount does not represent the estimated total for all orders to be issued nor is it a guarantee of work to be ordered. Depending on the number of routes included in the contract, the actual total work ordered may be significantly less than the ceiling amount.

The minimum guaranteed amount for this contract is $10,000.00.

C.12.1 TASK ORDERS (TO)

TOs will be issued against this contract for each route for each ordering period (cotton hauling season). Task orders may be for the total estimated miles required for the current season or may be less than the total estimated requirement of the current season depending on funding. Contractors are responsible for ensuring that they do not drive over the total funded miles on a given TO. If the contractor notices that the TO is running low on funded miles for the season, they should talk to the CO, the COR, or the Area Director to see if there are mailto:jeremy.pouliot@usda.gov mailto:Ray.Scroggins@usda.gov mailto:Danny.Martinez@usda.gov enough funded miles left on the contract for the remainder of the season. If additional miles are required to finish out the cotton hauling for the season, a new TO will be issued to fund additional miles. If the TO runs out of funded miles and the contractor continues to drive without adequate funding, an unauthorized commitment will take place. Unauthorized commitments require additional clearances and approvals before a new TO can be issued. This will lead to delays in payment for the miles already driven but not funded, and could lead to stop work order from the contracting officer to prevent a continued unauthorized commitment. Contractors that continue to drive beyond the funded miles on a TO run the risk of delayed payment or no payment at all beyond that which are funded. It is in the contractor’s best interest to ensure they do not drive beyond the funded miles without the written approval of the CO or a new TO with additional funded miles.

C.12.2 CONTRACT MODIFICATIONS (MODS)

A contract mod can be performed either unilaterally or bilaterally. Unilateral mods are either authorized by the contract clauses or administrative mods whereby the terms, conditions, and clauses are not effected such as a mod to change the CO, the COR, or the point of contact at a classifying office*. Bilateral mods require both the government and the contractor to sign and approve. These mods must be within scope of the original work but may adjust significant items such as changing a pick-up location within a route or adding new mandatory terms, conditions, or clauses*.

*note not all possibilities are listed here

C.12.3 FAIR LABOR STANDARDS ACT and SERVICE CONTRACT LABOR STANDARDS ADJUSTMENTS

The contractor may request a modification to the contract to adjust the contract unit price labor rate at the start of each new ordering period. This request must be made in writing via email to the CO at least 30 days prior to the start of the new ordering period or at the time the contractor was made aware of the estimated start date for the upcoming sample hauling season, whichever is later. Updated Wage Determinations (WD) can be found on SAM.gov and can be requested from the CO via email. Please note that updated WDs are automatically incorporated into the contract on the anniversary or start of a new ordering period whether the contractor requested an updated copy or obtained a copy off SAM.gov or did neither. It is the contractor’s responsibility to ensure they are in compliance with FAR Clause 52.222-41 Service Contract Labor Standards and Far Clause 52.222- 43 Fair Labor Standards Act.

Contract Mods to adjust the contract unit price labor rate fall under FAR Clause 52.222-43. The contract unit price labor rate will be adjusted, upon request, to reflect the contractor’s actual increase or decease in applicable wages and fringe benefits to the extend that the increase is made to comply with or the decrease is voluntarily made by the contractor as a result of:

• The updated Department of Labor (DOL) WD applicable on the anniversary date of the multiple year contract.

o For example, the prior year WD required a minimum wage rate of $4.00 per hour. The Contractor chose to pay $4.10. The new wage determination increases the minimum rate to $4.50 per hour.

Even if the Contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is $.40 per hour;

• An increased or decreased WD otherwise applied to the contract by operation of law; or

• An amendment to the Fair Labor Standards Act of 1938 that is enacted after award of this contract, affects the minimum wage, and becomes applicable to this contract under law.

When the contractor requests an adjustment based on an updated WD, the contractor must submit a detailed breakdown of the hourly rate they pay their drivers/employees as well as the fringe benefits the contractor provides/pays. Please note that the CO may request proof of these payment details such as pay stubs (with PII redacted) or certified payroll.

Please make sure to read these and all other clauses in this contract. Some clause, such as these, are incorporated into the contract by reference. The full text of all clauses can be found at www.acquisition.gov/far/part-52

C.12.4 ECONOMIC PRICE ADJUSTMENT – FUEL

Both the government and the contractor may request a modification to the contract, in accordance with FAR Clause 52.216-4 Economic Price Adjustment-Labor and Material, to adjust the contract unit fuel price based on the updated average price per gallon of fuel listed on the US Energy Information Administration (EIA) Website at www.eia.gov/petroleum/gasdiesel/. At the time of award, the government and the contractor shall agree to the locality base rate in the index that best suits each route and shall incorporate that index into the contract.

Adjustments for fuel costs may be requested at the anniversary or start of each ordering period. Additional adjustments may be requested by either party when the rate increases or decreases by 10% or more within an ordering period and shall only apply to future orders place within the same ordering period. Adjustments shall be rounded to the nearest $.01 per mile.

• For example, fuel rate at the time of award is $3 per gallon and the contract unit fuel rate the contractor lists as their direct cost per mile is $.50 per mile, and the fuel rate on the EIA index is $3.15 per gallon at the start of the next ordering period, the adjustment is 5% (.15 increase divided by the initial $3/gal) or $.03 per mile ($.50*5% = $.025 rounded to $.03).

• In the above example, the new contract unit fuel rate is $.53 per mile based on a fuel index of $3.15.

If in the index increases in the ordering period to $3.47 per gallon, the contractor may request an additional adjustment for future orders based on the increase of 10% or more. The adjustment would now be a 15.6% increase of the base $.50 per mile or $.08, making the new contract unit fuel rate of $.58 per mile.

Fuel costs do not always go up and the government will adjust for decreases in the fuel index as well. So it is important that the contract unit fuel rate the contractor lists in their quote, and becomes the basis in the contract for all future adjustments, is as close to the actual fuel costs the contractor will incur per mile as possible. The contract unit fuel rate must not include profit, wear-and-tear on vehicle or any other overhead expenses as these costs to the contractor can stay the same or increase over time and the contract unit fuel rate may increase or decease based on the EIA index. If the contractor quotes a higher contract unit fuel rate than their actual expenses, a decrease will lower any profit or overhead costs associated with the higher contract unit fuel rate and jeopardize the contractor’s ability to perform the work under the contract.

C.13 ATTACHMENTS (SEE SECTION E)

C.13.1 WAGE DETERMINATION(S)

The Department of Labor prevailing wage rates for each route are attached and are hereby incorporated and made a part of this Contract. According to the DOL, the prevailing WD is set for each route based on where the route starts no matter if the route crosses county or state lines. Unless the contractor requests otherwise, the starting point for each route will be based on the location of the corresponding classifying office for each route.

Contractors are required to pay the prevailing wage or higher and provide all required benefits as laid out in the wage determination to their employees. This does not apply to payments made to subcontractors on a per mile basis. Subcontractors are required to adhere to the same wage determination when paying their employees. The DOL may audit a contractor to ensure that they are adhering to the requirement of the Service Contract Act and http://www.acquisition.gov/far/part-52 http://www.eia.gov/petroleum/gasdiesel/ the minimum payment and fringe benefits listed in the WD. While this is rare, the DOL does randomly do these audits. Furthermore, any report made to the DOL by an employee or government official who suspects a contractor is not adhering to regulations will trigger an audit. Please be sure to fully understand your responsibilities and requirements.

C.13.2 ROUTE MAPS AND PICK-UP/CLASSIFYING OFFICE LOCATIONS

Attached is a list of the pick-up locations and the corresponding classifying office for each route, with the estimated (daily or annual) number of miles for each point, a map showing each pick-up location and the maximum miles for each route if all locations are being picked up. The actual total pick-up locations and estimated miles for each route may very season to season.

D.1 CONTRACT CLAUSES

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): http://www.acquisition.gov

(End of clause)

52.204-13 System for Award Management Maintenance. (Oct 2018)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.212-4 Contract Terms and Conditions-Commercial Items. (Nov 2023)

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

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

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

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

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

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

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

3903 and 10 U.S.C. 3801).

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

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

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

http://www.acquisition.gov/ https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

[Contracting Officer check as appropriate.]

_XX_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

_XX_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

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

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

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

__ (6) [Reserved].

_XX_ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_XX_ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_XX_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

_XX_ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title

II).

_XX_ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204–30.

_XX_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

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

__ (14) [Reserved].

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

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/part-3#FAR_3_900 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_204_27 https://www.acquisition.gov/far/part-52#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/part-52#unique_1497032984 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4

__ (17) [Reserved]

_XX_ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

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

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

_XX_ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2023) of 52.219-9.

__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

_XX_ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) ( 15 U.S.C. 657f).

_XX_ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024)( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

__ (29) 52.219-32,…