S01 - RFQ for UTVs.pdf

United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS)

Louisiana State Office

UTV’s

FOR SOLICITATION INFORMATION: Contracting Officer Kristina Baker

(913) 907-5423 Kristina.baker@usda.gov

Contract Specialist Rich Rangel

(202) 772-9071 Richard.rangel@usda.gov

OFFER DUE DATE/LOCAL TIME: September 29, 2022 12:00 PM

EST

mailto:Kristina.baker@usda.gov mailto:Richard.rangel@usda.gov

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A Solicitation/Contract Form

A.1 SF 1449

A. 2 Department/Agency

A.2.1 United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS)

A.3 Contracting Office

A.3.1 Farm Production and Conservation (FPAC) Business Center Acquisition Division Section 1 - Operations Branch

A.4 Contracting Officer

A.4.1 Kristina Baker, email: kristina.baker@usda.gov Phone: 913-907-5423

A.4.2 Any USDA FPAC BC Contracting Officer can act on this contract should the need arise.

A.4.3 A Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds. Only the contracting officer has authority to: (1) increase or decrease the award amount; (2) direct or negotiate any changes; (3) modify or extend the period of performance; (4) change the schedule of completion; (5) authorize payment under this order; (6) otherwise modify any terms or conditions of this Contract.

A.5 Program Office

A.5.1 Natural Resources Conservation Service (NRCS) Louisiana State Office

A.5.2 Point of Contact: Heidi Landreneau, email: heidi.landreneau@usda.gov Phone: 318-473-7772

A.5.3 The program office point of contact will act as the liaison to coordinate activities between the Vendor and Contracting Officer, as required, in the performance of the work under this contract. They have the authority to provide technical clarification of the contract requirements but does not have the authority to modify any contract provisions, including, without limitation, changing the scope of work, the cost/price thereof, or the performance delivery schedule(s) therefore.

End of Section mailto:kristina.baker@usda.gov mailto:heidi.landreneau@usda.gov

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B SF 1449 Services/Supplies and Prices/Costs

B.1

B.1.1

B.1.2

B.2

B.2.1

Contract Type

Purchase Order

Fixed Price

Pricing

The fixed not-exceed price for the entire order _______(To be determined at the time of award.)

End of Section

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C Statement of Work (Brand Name or Equal)

C.1 Background

C.1.1 The United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) has a requirement for UTV’s to be shipped to the multiple delivery locations in Louisiana. Requirements for this purchase are detailed below.

C.2 Requirements/Deliverables

C.2.1 Louisiana NRCS is unique in landscape in comparison to other states and requires equipment that can withstand the variety of terrain navigated throughout the state to accomplish the conservation mission.

When utilizing utility terrain vehicles, it is imperative that these vehicles are able to perform when used to travel swamp land, pastures and cropland that is often rutted and muddy. The vehicles must be capable of enduring water, mud and dirt intrusion, without limiting performance.

C.2.2 Only NEW parts will be accepted. If a vendor quote contains refurbished items their quote will not be accepted. To be determined an acceptable equal, minimum specifications that the UTV’s must meet are:

C.2.2.1 Quantity: 3. 999cc Engine, 4x4, DCT Transmission, Direct Front and Rear Driveshafts, Electric Power Steering, Independent Front and Rear Suspension, 2500-Pound Towing Capacity, High/Low Subtransmission, Bed Capacity – 1000 lbs, Minimum 1000 lbs. Maximum 1595 lbs. curb weight, Wheel base 80”, Four-wheel disc brakes, Winch, Hard (metal) Roof, Two-piece poly windscreen (Hard Coat), Must be recreational/utility class only.

C.2.2.2 Quantity: 1. 675cc Engine, 4x4, Automotive-Style Automatic Transmission, Direct Front and Rear Driveshafts, Minimum 6” – Maximum 11” Ground Clearance, 1500

lb. Towing Capacity, Bed Capacity – 1000 lbs, Minimum 1000 lbs. Maximum 1500 lbs. curb weight, Wheel base 77”, Hard (metal) Roof, Two-piece poly windscreen (Hard Coat) Bench Style Seat, Electric Start, Must be recreational/utility class only.

C.2.2.3 Quantity: 2. 675cc Engine, 4x4, Automotive-Style Automatic Transmission, Direct Front and Rear Driveshafts, Minimum 6” – Maximum 11” Ground Clearance, 1500

lb. Towing Capacity, Bed Capacity – 1000 lbs, Minimum 1000 lbs. Maximum 1500 lbs. curb weight, Wheel base 77”, Hard (metal) Roof, Two-piece poly windscreen (Hard Coat), Electric Start, Must be recreational/utility class only.

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DETAILED VENDOR REQUIREMENTS:

C.3 Delivery and Installation Requirements

C.3.1 USDA requires the following quantities:

C.3.1.1 QTY: 6 UTV’s

C.3.2 USDA requires that the equipment be delivered no later than 120 days after receipt of award.

C.3.3 A point of contact for this award will be assigned at the time of award.

C.3.4 Delivery Locations are provided in attachments.

C.3.5 The delivery must be coordinated with the point of contact provided at the time of award least one (1) business day prior to delivery and provide the estimated arrival time.

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D Packaging and Marking

D.1 All products shall be packaged in a manner that prevents damage during shipping and there is no damage to the product when delivered.

D.2 If the product is damaged when delivered they will not be accepted.

D.3 Any damage done by the vendor during delivery is the responsibility of the vendor and the vendor will be required to repair or replace any damages at no additional cost to the Government.

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E Inspection and Acceptance

E.1 Inspection will be completed upon delivery of the equipment.

E.2 Inspection will be done by a USDA designated point of contact which will be provided upon award.

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F Performance

F.1 Period of Performance USDA requires that the equipment be delivered no later than 120 days from award.

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G Contract Administration Data

G.1 Invoicing

G.1.1 One (1) invoice for all equipment shall be submitted after all equipment has been delivered.

G.1.2 The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S.

Department of Treasury and you can find more information at this website https://www.ipp.gov/

G.2 Payment

G.2.1 USDA pays for services in arrears (after service is completed). No payments will be made prior to the completion of service.

G.2.2 Payment will be made after receipt of invoice or acceptance of service whichever is later.

Payment will be made via Electronic Funds Transfer.

https://www.ipp.gov/

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H Reserved

H.1 Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

H.2 Limitation of Authority The government assigned Project or Program Manager, Task POC, or COR are responsible for monitoring the Contractor’s performance. Any proposed modifications to the task order, such as changes to the scope of work, or to the terms and conditions of the task order must be authorized by the Contracting Officer.

H.3 Conflict of Interest If for any reason the agency or the Contractor determines that the Contractor faces a potential, perceived, or real conflict of interest, the agency shall notify the Contractor or the Contractor shall notify the agency, and the Contractor shall cease all work on, reassign the task, or proceed at the discretion of the agency. At the agency's option, the Contractor may provide an acceptable replacement.

H.4 Professional Conduct While on Government Facilities Contractor employees shall observe and maintain themselves in accordance with professional standards according to their location. Attire should be consistent with professional standards. They shall not engage in private activities for personal gain or any other unauthorized purpose while on Government- owned or leased property, nor may Government time or equipment be utilized for these purposes.

H.5 FPAC 4I-52.233-70 Protests to the Agency

(a) An agency protest filed with the contracting officer shall be sent to the contracting officer’s mailing address or email address listed in the solicitation. The contractor should contact the contracting officer to verify the mailing or email address prior to delivering a protest.

(b) The independent review of a contracting officer’s decision regarding a protest described at FAR 33.103(d)(4) is not available as an alternative to consideration of the protest by the contracting officer. An independent review is available only as an appeal of the contracting officer’s decision on a protest. An appeal must be filed within 10 calendar days of the protestor’s receipt of the contracting officer’s decision, otherwise the appeal will be deemed untimely and not considered. The appeal must be directed to the Head of the Contracting Activity but sent to the contracting officer.

(c) The protest must contain all of the elements required by FAR 33.103(d)(2). Failure to substantially comply with any of the requirements of FAR 33.103(d)(2) may be grounds for dismissal of the protest.

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I Contract Clauses

I.1 AGAR Clauses

AGAR 452.204-70, Modification for Contract Closeout (DEVIATION JULY 2022)

Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR Part 13.

(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.) 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)

I.2 FAR Clauses and Provisions

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021)

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 paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential

11 | P a g e 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 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

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(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) 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)(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);

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(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; and item description, as applicable); or

(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)

52.211-6 Brand Name or Equal. (Aug 1999)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government’s

14 | P a g e needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by-

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

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J Reserved

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K Reserved

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L Instructions, Conditions and Notices to Offerors or Respondents

L.1 Type of Award

L.1.1

L.1.1.1

L.1.2

L.1.3

This will be a fixed price purchase order.

Instructions for proposal/quote

All interested and qualified parties shall provide a quote via email to:

richard.rangel@usda.gov by 12:00 PM EST on September 29, 2022.

All proposals/quotes should include:

L.1.3.1

L.1.3.2

L.1.3.3

L.1.3.4

L.1.3.5

L.1.3.6

L.1.3.7

Breakdown of pricing for each piece of equipment required;

Delivery costs;

Point of contact (name, email, and telephone number);

Business size;

Payment terms;

Taxpayer Identification Number (TIN);

DUNS number.

L.2.3 USDA seeks to obtain the offeror’s best price based on its evaluation of discounts, terms, conditions, and concessions offered to commercial customers. In an effort to receive the highest quality service at the lowest possible price, the government requests all available discounts on all services offered for this requirement.

L.3 Requirements

L.3.1

L.3.2

Interested and qualified parties shall register in System for Award Management (SAM) at www.sam.gov.

This is being solicited as full and open competition.

End of Section mailto:richard.rangel@usda.gov http://www.sam.gov/

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M Evaluation Factors for Award

M.1 The offerors proposal/quote will be evaluated on lowest price, technically acceptable.

M.1.1 Technically acceptable for this award is the following:

M.1.1.1 The vendor provided a price quote for each piece of equipment requested including delivery costs.

M.1.1.2 The vendor is registered in SAM. (see L.3.1)

M.1.1.3 The vendor is able to have the equipment delivered no later than 120 days after receipt of award.

M.1.1.4 The vendor is a small business per their SAM registration. (see L.3.2)

M.1.1.5 The vendor provided quotes for new equipment and not refurbished as noted in Section C of this requirement.