S01_12FPC422Q0019 - COMBINED SYNOPSIS SOLICITATION.pdf

12FPC422Q0019

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This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice and FAR Part 13. This announcement constitutes the only solicitation. Quotes are being requested and a written solicitation will not be issued.

Solicitation number 12FPC422Q0019 is issued as a request for quotation (RFQ). The acquisition procedures at FAR Part 13 are being utilized. The Government anticipates this solicitation will result in a firm fixed price purchase order resulting from this solicitation to the responsible Quoter whose quote conforming to the solicitation will be the lowest price technically acceptable quote.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-06 Effective Date: 05/01/2022, which can be found at http://www.acquisition.gov/far/index.html.

This acquisition is a 100% set aside for Small Business vendors. The applicable North American Industry Classification System (NAICS) code is 541620 Environmental Consulting Services. The small business size standard is 16.5 million. For more information on size standards, please visit http://www.sba.gov/size.

Questions MUST be submitted to the Contracting Specialist via e-mail – regi.troullier@usda.gov not later than 1400 May 23, 2022. E-mail questions MUST include solicitation “12FPC422Q0019 – RED BELLY COOTER SURVEY” in the subject line to avoid oversight. No phone calls will be accepted or returned.

Description of Services:

The objectives of this project are to determine the extent of the population of Northern Red-bellied Cooters (Pseudemys rubriventris) in Bucks County, Pennsylvania in order to assess the potential to provide habitat for the turtles during construction to rehabilitate a Dam. This survey also seeks to understand the distribution of the Cooters in the lake habitats and how these habitats may be affected by the planned construction.

The Northern Red-Bellied Cooter is a State protected T&E species, which is managed by the Pennsylvania Fish and Boat Commission (PFBC). PFBC certifies the qualified Northern Red-Bellied Cooter surveyors after a lengthy training and approval process. Pennsylvania is required to use only the PFBC-approved specialists to do the work to ensure the safety and protection of the T&E species.

Date(s) and Place(s) of Delivery and Acceptance.

Throughout the summer and fall of 2022 (June – December), the contractor will visit the site in accordance with the Statement of Work. Acceptance will be at the USDA NRCS PA State Office, Harrisburg, PA.

A. INSTRUCTIONS FOR SUBMITTING QUOTES.

All Contractors must be registered in the Beta.SAM, prior to award of a Federal Contract. For information regarding registration visit https://www.beta.sam.gov

Quotes are due no later than 13:00 pm Eastern Standard Time on Wednesday June 1, 2022. Send quotes via email to regi.troullier@usda.gov. Quotes MUST include solicitation “12FPC422Q0019 – RED BELLY

COOTER SURVEY” in the subject line to avoid oversight.

To be considered technically acceptable the contractor must:

1. Be on the Pennsylvania Fish & Boat Commission’s (PFBC) current list of certified surveyors for the Northern Red-Bellied Cooter. Provide copy of certification with quote.

2. Attachment 2, Price Sheet – Return with quote

3. Provisions- Pgs 6,7,8 - Return with quote

4. Attachment 3, Cooperator Acknowledgment - Return with quote http://www.acquisition.gov/far/index.html http://www.sba.gov/size mailto:regi.troullier@usda.gov https://www.beta.sam.gov/ mailto:regi.troullier@usda.gov

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B. The provision at FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (Nov 2021), applies to this acquisition.

C. The FAR provision 52.212-2, Evaluation—Commercial Products and Commercial Services (Nov 2021) does not apply to this solicitation.

Evaluation of Quotes The Government will award a firm fixed contract resulting from this solicitation to the responsible Quoter whose quote conforming to the solicitation will be the lowest price technically acceptable quote. Award is made to the quoter who demonstrates that they meet the minimum technical requirements below, and then is the lowest price.

To be determined technically acceptable companies must hold both and provide proof of the following:

1. Documentation showing that your firm is certified and on the list of providers and qualified surveyors for the Northern Red-Bellied Cooter Turtle with the Pennsylvania Fish & Boat Commission.

Pricing that is unrealistically low may be considered an indication that the quoter does not possess adequate understanding of the requirement or the requisite technical capability to successfully perform the work.

D. The clause at 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (Nov

2021), applies to this acquisition and addenda are not added.

E. The clause at 52.212-5, Contract Terms and Conditions—Commercial Products and Commercial Services (May

2022), applies to this acquisition and the following additional FAR clauses cited in the clause are applicable to this acquisition.

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

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).

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41

U.S.C. 2313).

52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

52.222-3 Convict Labor (JUN 2003) (E.O.11755).

52.222-19 Child Labor-Cooperation with Authorities and Remedies (JAN2022) (E.O.13126).

52.222-21 Prohibition of Segregated Facilities (APR 2015).

52.222-26 Equal Opportunity (SEP 2016) (E.O.11246).

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

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

52.222-50 Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

52.225-1 Buy American-Supplies (JAN2021) (41 U.S.C. chapter 83).

52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act (JAN 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.

52.232-33 Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C.

3332).

52.242-5 Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631).

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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:

52.222-41 Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

52.222-55 Minimum Wages Under Executive Order 13658 (NOV 2020).

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

F. Additional contract requirement(s) or terms and conditions determined by the Contracting Officer to be necessary for this acquisition and consistent with customary commercial practices:

Service Contract Labor Standards Wage Determinations The following Department of Labor wage determinations are incorporated into this contract. Wage determinations may be found at: https://sam.gov/content/home

Wage Determination:

Bucks County Wage Determination #2015-5791, Revision # 19, Last Revised Date Apr 27, 2022

CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer (CO) is the only person authorized to approve changes in any of the requirements of this contract. This authority remains solely with the CO. In the event that the Contractor effects any change at the direction of any person other than the CO, the change will be considered to have been made without authority and NO adjustment will be made in the contract price to cover any INCREASE in costs incurred as a result thereof.

G. Additional FAR Provisions and Clauses

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-3 Protest After Award (Aug 1996)

FAR 52.242-15 STOP-WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 calendar days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either—

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for

Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if— https://sam.gov/content/home

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(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the

Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

452.204-70 Modification for Contract Closeout.

MODIFICATION FOR CONTRACT CLOSEOUT (May 2022)

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(End of clause)

4I-52.232-70, Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)

Invoices must be submitted electronically through the U.S. Department of the Treasury’s Invoice Payment Platform System (IPP) or the Contractor must be willing to accept payment by Government purchase card.

The Contractor must use the IPP website (https://www.ipp.gov) to register, access, and use IPP for submitting invoices. Contractor assistance with enrollment can be obtained by calling (866) 973-3131.

https://usdagcc.sharepoint.com/sites/nrcs_mgmtacquisitionsdiv/PolicyPSB/FPACPOP/Initial%20Issuance/NRCSPOP.htm#SubPart52_2

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PROVISIONS

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services— Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

(Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management

(SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this

7 | P a g e solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded

“will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) (B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) )For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand;

model number, such as OEM number, manufacturer part number, or wholesaler number;

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(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation. (Oct 2020)

a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

- END OF SOLICITATION –

https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

Wage Determination: