Combined solicitation synopsis COVID 19 Testing.docx

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information

Contracting Office Address USDA Forest Service WO-PPS Incident Procurement (ESB) 1617 Cole Blvd Lakewood, CO 80401 Description 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,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation for quotes that are being requested, and a written solicitation document will not be issued.

This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAR FAC 2021-07, effective date September 10, 2021.

The associated North American Industrial Classification System (NAICS) code for this procurement is 621511, with a small business size standard of $35.5M.

Multiple Blanket Purchase Agreements (BPAs) are being considered by the United States Department of Agriculture (USDA) Forest Service for use nationwide (primarily Western US) during the wildland fire season (typically May through October annually). The US Forest Service (USFS) Wildland Fire Program has an immediate need for mobile, rapidly deployable, on-site fire base camp COVID-19 test centers. The Contractor’s mobile test center set up would include all personnel and testing/supplies needed to conduct viral COVID-19 rapid antigen and rapid polymerase chain reaction (RT-PCR) testing within urban and rural locations based on fire incident support needs.

Testing may be conducted, as permitted by law, on assigned fire personnel from the National Wildfire Coordinating Group (NWCG) agencies which include: Bureau of Indian Affairs, Bureau of Land Management, U.S. Fish & Wildlife Service, National Park Service, USDA - Forest Service, the National Association of State Foresters, and contractors performing services while assigned to the wildland fire incident. The number of BPAs established will be based upon historical usage, geographical area needs, availability of Company rental facilities and capacities, and the administrative costs of BPAs.

COVID-19 testing requirements at fire camp protects the health and safety of our wildland fire workforce and also assists in preventing the spread of COVID-19.

APPLICABLE DEFINITIONS

National "Type 1" IMTs manage large-scale, complex incidents anywhere in the United States. This includes incidents where operational personnel may exceed 500 per operational period and total incident personnel may exceed 1000.

National “Type 2” IMTs are assigned to major fires, VIP visits, lengthy search and rescues, law enforcement incidents, and multi-day special events. This includes incidents where operational personnel approach 200 per operational period and total incident personnel approach 500.

Local “Type 3” IMTs are a multi-agency/multi-jurisdictional team used for extended incidents. This includes incidents where operational personnel and total incident personnel fall under 200.

DISPATCH CENTER - A facility that provides many of the same services as a coordination center at the local unit level and responsible for maintaining the status of and mobilizing local resources. A dispatch center may also be referred to as: Coordination Center; Communication Center; Fire Center; Command Center; and/or Operational Area Coordination. The types of dispatch centers include the National Interagency Coordination Center (NICC), Geographic Area Coordination Centers (GACC), Local Cache, Local Dispatch, and National Cache. https://www.fs.fed.us/business/incident/dispatchlookup.php?tab=tab_d

GEOGRAPHIC AREA - A boundary designated by wildland fire protection government agencies for interagency, intergovernmental planning, coordination, and operations for the effective use of emergency management resources within their area. There are nine geographic areas.

INCIDENT - A human‐caused or natural event requiring action or support by emergency service personnel to prevent or minimize loss of life or damage to property and/or natural resources.

RESOURCE ORDER - A written instrument issued by the Government resource ordering system approved by persons to whom authority has been delegated authorizing a traveler to acquire a rental vehicle (overhead); or authorizing the rental of vehicles on in support of an incident (equipment).

TECHNICAL REQUIREMENTS & TASKS

Contractor shall:

· Deploy and operate mobile COVID-19 test centers, including all personnel and testing/supplies needed, to conduct viral COVID-19 antigen and nucleic acid amplification testing (e.g., PCR), to site locations designated in the BPA Call.

· Obtain and meet requirements of a CLIA (Clinical Laboratory Improvement Amendments of 1988) waiver to administer COVID-19 testing.

· Have physician oversight of testing center and the ability to provide basic medical advice to testing personnel. The physician is not required to be on-site but must be available for real-time consultation by on-site personnel during testing hours. Real-time is defined as video conference, telephone, or text messaging. The physician may delegate real-time consultation duties to a licensed physician’s assistant, nurse practitioner, or other appropriate personnel (e.g.: Medical Technician or Medical Laboratory Technician).

· At least one test administration personnel (on-site) should have the ability to answer basic health questions and address areas of patient concern such as:

· Patient symptoms

· Safe self-care (e.g.: acetaminophen, ibuprofen, OTC decongestant use) in accordance with current CDC guidelines

· When to seek medical care

· When to go to the emergency department (Some or all of this information may be provided in a handout, but there must be at least one individual to explain this information handed out)

· Is not an entity on, nor employs any individual on, the U.S. Department of Health and Human Services Office of the Inspector General’s List of Excluded Individual/Entities (LEIE).

· Obtain consent for testing from incident personnel, including understanding that the site coordinator will receive positive test results to care for employees and conduct contact assessment. Notify site coordinator of any personnel who do not consent to testing.

· Report test results to local Public Health Organizations, consistent with local requirements.

· Coordinate clinical aspects of COVID-19 testing administration to recipients, ensuring quality control of test kits as well as proper storage, handling, and disposal of tests.

· Perform testing 7 days a week for up to 12 hours per day as scheduled with on-site advisors. Length of assignment can be up to 21 calendar days. With approved crew swaps the assignment length is not capped.

· Provide a minimum of 50 rapid antigen tests per day.

· Provide a minimum of 5 high-sensitivity COVID-19 PCR test per day. PCR tests will be administered based on local public health requirements and in the event a symptomatic individual has a negative antigen test result.

· Provide a method consistent with federal regulation for storing any personally identifiable information and protected health information that is collected.

DELIVERABLES

Provide a fully staffed on-site mobile test center within 3-5 calendar days of notification. The first operational period is intended for incident specific coordination based on set-up needs. Site locations may be anywhere within the defined regions, based on fire incident locations and will be specified at the time of order. Centers will demobilize with a minimum of 24 hours of notice.

Once operational, be able to administer COVID-19 test within one hour of arrival of test recipient on-site.

Provide antigen test results within 1 hour of obtaining a viable test sample. PCR test results timeframes to be negotiated with site coordinator based on local resource constraints.

The Contractor shall furnish the necessary equipment, supplies, personnel, materials, travel, and other services required to satisfy the ordered testing solution requirements.

The scope of any resultant agreement is based upon the Contractor’s Functional Category or Categories with specific requirements to be set forth in individual orders.

Resultant turnaround time may be impacted by supply disruptions, which are outside of the control of the Contractor. If this occurs, the Contractor is required to communicate projected shortfalls and disruptions immediately to the BPA Call’s contracting officer’s representative (COR) and assigned IMT representative.

Waste or Damage: The Contractor shall be responsible for replacing kits or elements of its kits at no cost to the government if the kit or any element of the kit is damaged during the testing process without the fault or negligence of the government or its employees. If an element of a test kit (e.g., swab, vial) is lost or damaged by any party during testing, the contractor shall replace that element, if doing so will not impact testing efficacy, rather than provide a new test.

REPORTING REQUIREMENTS

1) Report test results to Public Health Organizations and/or the U.S. Centers for Disease Control and Prevention (CDC) consistent with federal, state, and local regulations and requirements.

2) Provide written or electronic copy of test results to all individuals tested and to the Site coordinator.

3) For positive test results:

Report to the individual tested with appropriate information on when to seek medical care, CDC guidance on isolation, and other local guidelines.

Report positive test results and the individuals contact information to the site coordinator; the site coordinator will arrange for care of the positive personnel and conduct contact assessment.

4) The Contractor is NOT responsible for contact tracing or providing logistical support for isolation or quarantine.

5) Daily reporting of tests performed and a summary of outcomes to the site coordinator (by start of shift the following day).

6) Final report summarizing testing prior to demobilization.

GOVERNMENT FURNISHED

The Government will provide site location including adequate testing space and basic sanitation services. Additional site-specific Government furnished items may be addressed in individual BPA Calls.

MOBILIZATION

Mobilization (to and from the incident) covers from time of order until first full operational period administering COVID-19 tests to include all travel related expenses, personnel costs, and mileage.

Contracted resources should be self-sufficient for meals and lodging. If camping space is available, contractor may utilize at no additional cost.

Option for ordering activity CO is to reimburse for hotel/meals at GSA’s published per diem rate (if not co-locating at fire camp) as an addition to the commercial invoice. Ordering Activity CO may require actuals/invoices for reimbursement purposes.

Crew swaps and R&R are the responsibility of the contractor and not eligible for reimbursement.

CONTRACTOR’S KEY PERSONNEL

The contractor shall provide at least one personnel to provide oversight and management of the testing center.

The contractor shall recruit personnel to meet the anticipated staffing requirements as referenced in “Table 1, Anticipated Health Professional Personnel Needs” and “Table 2, Minimum Qualifications” below. Fireline qualifications are NOT required. The Government reserves the right to request demobilization and replacement of any contractor personnel for any reason.

Table 1. Anticipated Health Professionals Personnel Needs

Contract Function Category

2.

2. Licensed Practical/ Vocational Nurse or Provide on-site COVID-19 testing, in accordance with current guidance and recommendations.

3. Paramedic or

4. Advanced EMT or

5. EMT

Table 2. Minimum Qualifications

Minimum Education/Certification Requirements

· Licensure: All physicians will hold a current, active, unrestricted medical license for a state, territory, or Commonwealth of the U.S.

· Certification: Minimum BLS.

· Experience: At least one (1) year of direct patient care experience

· Licensure: All nurses will hold a current, active, unrestricted nursing license in a state, territory, or Commonwealth of the U.S.

· Certification: Minimum BLS

· Experience: At least one year of direct patient care experience

· Licensure: All nurses will hold a current, active, unrestricted nursing license in a state, territory, or Commonwealth of the U.S.

· Certification: Minimum BLS

· Credential: Current, active, unencumbered certification by the National Registry of Emergency Medical Technicians (NREMT) as a paramedic or licensed/certified in the state of testing

· Experience: At least one year of direct patient care experience

· Certification: Minimum BLS

· Credential: Current, active, unencumbered certification by the NREMT as an Advanced EMT or licensed/certified in the state of testing

· Experience: At least one year of direct patient care experience

· Certification: BLS

· Credential: Current, active, unencumbered certification by the NREMT as an EMT or licensed/certified in the state of testing

· Experience: At least one year of direct patient care experience

SECURITY REQUIREMENTS

Contractor is responsible for vetting all contract personnel.

DATA RIGHTS/CONFIDENTIALITY

Any data collected is the property of the contractor and will need to be reported based on local public health requirements. Data must be protected consistent with HIPAA and standard medical practices.

The Contractor shall adhere to professional and legal standards of confidentiality of records consistent with the needs and requirements related to specific services. Any utilization of PII, USFS or other Agency proprietary information, or other non-public information not expressly provided for in this document or superseded by a future document is expressly forbidden. The Contractor may not share or sell PII provided (names, emails, or any other information) received in the execution of this effort, for any purpose unless expressly authorized in a written statement with approval from all parties.

BPA PERIOD OF PERFORMANCE

The period of performance of BPAs shall be 12 months, with up to four (4) 12-month option periods. The effective date of the BPA is shown on the face page of the Order. BPAs may be discontinued upon 30 days' written notice by either party.

PLACE OF PERFORMANCE

The USFS Regions participating and open for a quote response (Contractor can quote as many Regions as they wish) are listed below. See Attachment 1 for rate and supported location(s) submittal.

Region 1 – Montana and Northern Idaho Region 2 - Colorado, Wyoming, South Dakota, Nebraska & Kansas Region 3 – Arizona and New Mexico Region 4 – Nevada, Utah, Western Wyoming and Idaho Region 5 – California Region 6 – Oregon and Washington Region 8 – Oklahoma, Texas, Arkansas, Louisiana, Kentucky, Virginia, Tennessee, North Carolina, South Carolina, Georgia, Alabama, Mississippi and Florida Region 9 – Minnesota, Iowa, Illinois, Ohio, West Virginia, Pennsylvania, Maryland, Rhode Island, New York, Vermont, Connecticut, Massachusetts, New Hampshire, Maine, and New Jersey

The following solicitation provisions apply to this acquisition:

1. FAR 52.212-1, Instructions to Offerors–Commercial Items (Nov 2021)

2. FAR 52.212-2, Evaluation – Commercial Items (Nov 2021)

3. FAR 52.212-3, Offerors Representations and Certifications–Commercial Items (Nov 2021)

Offerors must be registered and active on the System for Award Management (SAM) at www.sam.gov to be considered for award.

The following contract clauses apply to this acquisition:

· FAR 52.212-4, Contract Terms and Conditions–Commercial Items (Nov 2021)

· FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders (Nov 2021)

The following subparagraphs of FAR 52.212-5 are applicable:

(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) 52.203-19, 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 and Other Covered Entities (Nov 2021) (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) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (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.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (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. (Nov 2021) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] X (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) of 52.219-6 (15 U.S.C. 644).

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

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

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

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (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 (Jun 2020) of 52.219-9 __ (18) (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.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting 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 (Mar 2020) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (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 (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (36) 52.222-54, Employment Eligibility Verification (Nov 2021). (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.)

__ (37) (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.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (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.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (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 (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

X (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

X (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Nov 2021) of 52.247-64.

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

X (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

X (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial 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 (Nov 2021) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67).

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

(B) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Nov 2021) (E.O. 12989).

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

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (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.

52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( 29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION APR 2020) (31 USC 3903 and 10 USC 2307)

BPA DESCRIPTION

(a) Blanket Purchase Agreements (BPA) shall be effective on the date signed by the Government and expires 12 months thereafter, unless the next option period is exercised. The full scope of the contractors’ schedules will be incorporated into this agreement, to include any future changes. This document does not obligate any funds. The Government anticipates establishment of a multiple award (2 or more) as a result of this RFQ for the services described herein. The number of BPAs established will be based upon Regional area anticipated needs.

(b) Pricing to the Government for the services provided shall be determined for each BPA call order based on the proposed pricing under this BPA, additional discounts as applicable, and the scope of each BPA Call Order.

(c) It is estimated that over the five (5) year period (base period and four options), the maximum aggregate estimated dollar amount for this BPA award is $10M. This amount is estimated at the time of issuance of this BPA and does not represent the guarantee that any purchases will be made. Neither does this estimate represent a ceiling for the amount of purchases that are made, and may be exceeded if such action is determined to be in compliance with federal law by the agency ordering official. The minimum that the Government is obligated to purchase is $0.00.

(d) By signing this BPA, the offeror guarantees to provide an uninterrupted source of the originally awarded service(s) from which to satisfy the Government’s requirement for the performance period of the awarded BPA.

(e) The Contractor shall comply with all terms and conditions under the BPA and orders issued against the BPA. The terms and conditions of the Contractor’s Schedule contract shall prevail over the BPA and BPA Call Orders. The terms and conditions in the BPAs apply to all orders placed pursuant to it. In the event of an inconsistency between the provisions of the BPA and BPA Call Orders, the provisions of the BPA will take precedence.

EXTENT OF OBLIGATION

The government is obligated only to the extent of authorized purchases made under the BPA through the issuance of BPA call orders. The Government’s maximum liability for this BPA is $0.00. The limit per BPA call is $250,000. There is no established BPA Ceiling.

INDIVIDUALS AUTHORIZED TO PLACE ORDERS

Warranted Contracting Officers (COs) or Purchasing Agents (PAs) assigned to USDA and its associated agencies and Service First Agencies (http://www.fs.fed.us/servicefirst/) may utilize this agreement within their established authority and limits. These will typically be incident-assigned Buying Teams, local fire host agency COs, and/or Procurement Unit Leaders (PROCs) representing and/or supporting the IMT on site. COR and/or IMT BPA Call administrator will be assigned at time of BPA Call. Orders are for wildland fire suppression support only.

BPA CALL ORDERS

ORDER TYPE & IMT ORDER PROCESS

Individual BPA Call orders may be issued against this BPA on a Fixed Price basis. Ordering activity/individual placing BPA Call is responsible for issuing BPA Call, administering BPA Call, and payment of BPA Call and all actions under the original BPA Call, including claims.

IMT's are responsible for submitting copies of their anticipated needs to the Designated Ordering Office (i.e. Dispatch center, Local Procurement, or Buying Team) through General Message (ICS 213). IMT will reference the awarded BPAs on the message.

Each BPA Call request will require the following:

· Is camp site available and/or will the contracted personnel be required to stay at camp? Option for ordering activity CO/PA is to reimburse for hotel/meals at GSA’s published per diem rate (if not co-locating at fire camp) as an addition to the commercial invoice. Contractor lodging invoice may exceed the set per diem lodging limits up to 300% of standard GSA approved rates as of July 2021 (USFS hosted fires only). Ordering Activity CO/PA may require actuals/invoices for reimbursement purposes.

Incident Management Teams shall track usage through Shift Tickets annotating start date and end date only. This information will be entered on a spreadsheet or tracking mechanism of the IMT’s choosing for submittal with the vendor’s commercial invoice to the payment POC.

AWARD OF BPA CALL ORDERS

(a) The USFS plans on awarding 1-2 BPAs per Region/Zone. Quantity of BPAs awarded will be tailored to fit the need of the Government while balancing administrative costs of awarded BPA(s). After the BPA agreements are awarded by the Government, services will be ordered by the issuance of BPA Call Orders awarded on a competitive fair opportunity basis.

(b) Contractors within the awarded Regional area hosting the emergency incident will be given fair opportunity for award of each individual BPA Call order. The fair opportunity process will be determined by the ordering activity and based on fire incident location, incident requirement, urgency of need, and order date and time needed. The ordering activity has the option to contact BPA holders by phone, email, or any means to check for mobile unit and contracted personnel availability and rates to determine best value. Due to the emergency nature of incident support, there will be circumstances which limiting sources is justifiable due to the urgent and compelling needs of the fire incident. This will not be a violation of the BPAs. The ordering activity will also be able to issue multiple BPA call orders to fulfill their needs across all available awarded BPAs.

(c) Except for any limitations on quantities in the Order Limitations clause, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations.

(d) Period of Performance: The time for completion for each BPA Call order shall be determined under each individual BPA Call order through the mutual agreement of the parties involved. The actual rental of any vehicle under the BPAs may extend no more than 120 days per BPA call order.

(e) Job Code for USFS:

BPA MODIFICATIONS

This BPA may be modified by mutual agreement of the Government and the Contractor. Each modification shall be in writing, issued by the US Forest Service, and signed by the Government and the Company. Modifications shall become effective on the date signed by the Government. Some modifications, for instance administrative modifications, may be issued unilaterally by the Government.

BILLING PROCEDURES

Payment will be made by the BPA Call awarding contracting officer or purchasing agent by Government Purchase Card (GPC) ONLY. No other payments are allowed under this agreement. Vender may incorporate credit card processing fee within the submitted invoice (not to exceed 3%). GPC information/payment will be due within 30 days from the end of incident assignment period (demobilization of resource).

QUOTE PREPARATION INSTRUCTIONS

In addition to price and listing of quoted Region(s), the proposal submission should include the Contractor’s technical approach to fulfill the workflow requirements stated within the Government’s SOW. Submit technical and rates quotes separately. Your quotation shall be submitted by March 2, 2022 to Kim Luft, USFS Contract Specialist, at the following address:

Email Only: Kimberly.luft@usda.gov

Any questions in regards to this RFQ can be submitted to the above email address no later than February 11, 2022. All questions are required to be in writing. A consolidated Q&A will be posted, if necessary.

QUOTING CONTRACTOR’S PREPARATION COSTS

The Contracting Officer is the only individual legally authorized to commit the government to the expenditure of public funds in connection with this procurement. This RFQ does not commit the government to pay any cost for the preparation and submission of a quotation in response to this RFQ.

EVALUATION CRITERIA - METHOD OF AWARD

EVALUATION OF PROPOSALS

Conduct of Acquisition: This acquisition shall be conducted using the policies and procedures in the Federal Acquisition Regulation (FAR) Part 13 – Simplified Acquisition Procedures. The government will evaluate proposals in accordance with the evaluation scheme, factors and criteria in this section of the Request for Quotations (RFQ). The Contracting Officer (CO) or Purchasing Agent (PA) shall select an offeror(s) for BPA award using the best value analysis described in this section of the RFQ. BPA award will be made to the responsible contractor(s) whose proposal is responsive to this RFQ and is determined to represent the best value to the Government based on the reporting instructions and specific needs of the fire incident. An offeror’s proposal will be eliminated from consideration prior to completion of evaluations if the proposal is so deficient or incomplete as to be rendered unacceptable and to preclude a meaningful evaluation. For example, an offeror’s proposal shall be deemed unacceptable if it does not represent a reasonable effort to address the minimum requirements of the Statement of Work (SOW). The offeror will be notified in the event his proposal is eliminated from evaluation.

Best Value: Selection of the best value to the Government will be achieved through a process of evaluation of the strengths and weaknesses of each offeror’s proposal in accordance with evaluation criteria stated in the RFQ. A Best Value selection basis reflects the Government’s willingness to accept other than the lowest cost/price if the perceived benefits of the proposal with the higher price merit the additional cost/price. Proposal evaluations will be conducted in accordance with the evaluation scheme and criteria stated below. The award decision(s) will be made based on an integrated assessment of each proposal on a “tradeoff” basis between technical excellence and price (cost/price). The rationale for the tradeoffs between a higher cost or price proposal and the benefits obtained for that offeror’s technical proposal will be documented in the Selection Decision Statement. In making this integrated assessment of all proposals, the Government strives to obtain superior performance rather than the lowest overall cost/price. However, the Government will not make award(s) at a significantly higher overall cost/price to the Government to obtain only slightly improved performance or past performance.

Number of Awards: The Government intends to make multiple BPA awards as a result of this RFQ. However, the Government reserves the right to award more than one BPA or to make no award at all.

OVERALL RELATIVE IMPORTANCE OF EVALUATION FACTORS

The Government will use the following two (2) factors to evaluate proposals and make a best value determination:

· Technical (Management Approach, Technical Solution, Transition)

· Cost/Price

The Technical Evaluation Factor is equally important to Cost/Price. However, the Government will not make an award to an offeror whose evaluated price is disproportionate to the benefits associated with the evaluated superiority of one offeror’s Technical proposal over another. Therefore, to the extent that offerors’ Technical proposals are evaluated as similar in merit, then the offeror’s Cost/Price is more likely to be the determining factor for award.

TECHNICAL EVALUATION (MANAGEMENT/MEDICAL OVERSIGHT, TECHNICAL APPROACH FOR REPORTING, TESTING CAPACITY) The following categorical descriptions shall be used to derive an adjectival evaluation of the offeror’s technical proposal:

Exceptional: The technical proposal demonstrates the offeror’s complete understanding of all of the requirements, and proposes innovative, cost effective approaches or solutions that will exceed Treasury’s requirements using standard industry practices, technologies, methodologies, and processes. Proposals evaluated with exceptional ratings possess multiple significant strengths, no significant weaknesses, no deficiencies and only minor weaknesses. Exceptional proposals possess no omissions. The offeror’s proposed approaches/solutions, when implemented, are expected to result in superior achievement of the Government’s objectives with minimal risk.

Excellent: The technical proposal demonstrates the offeror’s understanding of all of the requirements, and proposes innovative, cost effective approaches or solutions that meet Treasury’s requirements using standard industry practices, technologies, methodologies, and processes. Proposals evaluated with excellent ratings possess significant strengths, no significant weaknesses, no deficiencies and several minor weaknesses. The offeror’s proposed approaches/solutions, when implemented, are expected to result in the achievement of the Government’s objectives with low risk.

Adequate: The technical proposal demonstrates the offeror’s understanding of the technical requirement, and proposes an approach that will meet Treasury’s requirements using commercially acceptable industry practices, technologies, methodologies, and processes. The offeror’s proposed approaches/solutions, when implemented, introduce moderate risk but are considered likely to produce performance results meeting the Government’s objectives. An Adequate rating indicates that the proposed solution contains a number of strengths, but also some weaknesses.

Unacceptable: The technical proposal demonstrates that the offeror does not understand the technical requirement; the offeror’s technical approach is not technically feasible or is based upon outdated or risky technologies, methodologies, and questionable processes. The offeror failed to meet minimum requirements specified in the SOO. Proposals with unacceptable ratings have few or no strengths and several significant weaknesses and/or minor deficiencies, minor weaknesses and omissions. An unacceptable proposal fails to provide a reasonable, logical approach to fulfilling the Government’s requirements. An unacceptable proposal is one in which an unacceptable risk of performance failure exists.

The Government will evaluate Cost/Price to ensure it is complete, reasonable and realistic by verifying that all prices/labor rates and cost to the Government are in accordance with the open market data. Each offeror’s level of effort and mix of labor proposed will be evaluated to determine that the total price proposed is fair and reasonable. An adjectival evaluation of the offeror’s Cost/Price proposal will not be conducted.

The Government will develop a separate adjectival rating for Evaluation Factor 1 – Technical based upon the three (3) subfactors- MANAGEMENT/MEDICAL OVERSIGHT, TECHNICAL APPROACH FOR REPORTING, AND TESTING CAPACITY). Each subfactor will receive a separate adjectival rating.

THE GOVERNMENT WILL EVALUATE ALL PROPOSALS AGAINST THE FOLLOWING FACTORS: The evaluation will be based on both the offerors written proposal and oral presentation, if applicable.

EVALUTION FACTOR 1- TECHNICAL (Subfactors are listed in descending order of importance).

Subfactor 1 – Management/Medical Oversight Approach The Government will assess the offeror’s understanding of the program requirements and ability to manage all aspects of the BPA call in an efficient and effective manner that will achieve the program and mission requirements set forth in the SOW.