S01 - RFQ Watershed COMBINED SYNOPSIS SOL - Plan EA 12FPC323Q0085.pdf

COMBINED SYNOPSIS/SOLICITATION IAW FAR 12.6

REQUEST FOR QUOTE

Watershed Project Plan-Environmental Assessment (Plan-EA) for the Lake 17 and

Little Suction Creek Watershed Project NRCS-Montana

RFQ 12FPC323Q0085

Watershed Project Plan-Environmental Assessment (Plan-EA) for the Lake 17 and Little Suction Creek Watershed Project

COMBINED SYNOPSIS/SOLICITATION IAW FAR 12.6

REQUEST FOR QUOTE

United States Department of Agriculture

Plan EA - Lake Seventeen and Little Suction Creek Watershed Project- NRCS-Montana

A. Overview of Requirement

(i) This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation 12FPC323Q0085; quotes are being requested and a written solicitation will not be issued. The solicitation number for this procurement is issued as a Request for Quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular FAC 2023-04.

(ii) The USDA-Natural Resources Conservation Service (NRCS) requires a Watershed Project Plan-Environmental Assessment (Plan-EA) for the Lake 17 and Little Suction Creek Watershed Project pursuant to Public Law 83-566, Watershed Protection and Flood Prevention Act. The Plan-EA will formulate and evaluate all reasonable alternatives to conserve and improve public recreation, public fish & wildlife, and agricultural water management, associated with the existing Lake Seventeen Dam and Little Suction Creek Diversion near Hays, Montana. This solicitation number 12FPC323Q0085 is issued as a request for quote (RFQ), and the acquisition procedures at FAR Part 13.5 is being utilized.

(iii) The Government anticipates issuing a Firm Fixed Price award.

(iv) The estimated award date is September 7, 2023.

(v) NAICS: This acquisition is a total small business set aside. The NAICS code is 541620 – Environmental Consulting Services which has a size standard of $19.0 Million.

(vi) Contract Line-Item Numbers.

CLIN Service Description Qty Unit of

Measure Total

Plan EA - Lake 17 & Little Suction Creek Watershed Project-Ft.

Belknap

TOTAL Price

(vii) Period of Performance: 24 months from the Notice to Proceed (NTP) date.

(viii) Attachment(s) to the RFQ:

1. Attachment 1 – Statement of Work

Watershed Project Plan-Environmental Assessment (Plan-EA) for the Lake 17 and Little Suction Creek Watershed Project

B. Instructions to Vendors

(i) Quotes in response to the RFQ MUST be submitted via email under “RFQ# 12FPC323Q0085 Watershed Services” to Contract Specialist, Mark Domingo, at mark.domingo@usda.gov.

Quotes must contain the name, phone number, and e-mail address of the individual to be contacted concerning any matter related to the solicitation. FPAC-BC may, for example, contact that individual to schedule and make arrangements for the vendor’s discussion meetings, if necessary.

Include the following information in your Quote:

Unique Entity ID number;

Company Name mailing address, and website address;

Date submitted and Quote expiration date;

Type of Company (i.e., small business, 8(a), woman owned, veteran owned, etc.) as validated via SAM.gov. All offerors must be registered in SAM located at http://www.sam.gov/;

Company Point of Contact, Phone and Email address.

Quotes are to be inclusive of costs. Vendors are required to furnish prices, hours and labor categories to fulfill this requirement.

Vendors who respond to this RFQ acknowledge and agree to all the instructions and procedures described herein.

All Vendors must be registered in the System for Award Management, or SAM prior to award of a Federal Contract. However, due to the need to promptly award a contract after receipt of quotes, registration in SAM, to include completion of the Representations and Certifications, and having a status of “Active” is required BEFORE submitting a quote. For information regarding registration visit www.sam.gov .

(ii) Quote Due Date/Time: Quotes must be submitted electronically via e-mail to Contract Specialist, Mark Domigno at mark.domingo@usda.gov on or before the RFQ closing date of August 31, 2023, NLT 3:00PM Central Standard Time.

(iii) Late Quote Submission: The Government will begin immediate review and evaluation of quotes following the RFQ closing date and time. Therefore, submissions in response to this RFQ received after the closing date and time, are considered late, and will not be accepted.

Note: Volume 1 and Volume 2 of your quote shall include the following legend on each page:

“Source Selection Information - See FAR 2.101 and 3.104”

(iv) Questions: All questions regarding this requirement shall be submitted via email to Contract Specialist, mark.domingo@usda.gov on or before August 25, 2023, NLT 3:00PM Central Standard Time. Please be advised that the Government reserves the right to transmit those questions and answers of a common interest to all prospective Offerors.

(v) Submission Formatting Requirements

Quotes shall be separated into two parts and formatted as follows:

Volume 1 – Technical Quote

Watershed Project Plan-Environmental Assessment (Plan-EA) for the Lake 17 and Little Suction Creek Watershed

Page Limitation:

10 single-spaced pages maximum applicable to the Technical Quote (cover page and resumes not included in the page count) 3 single-spaced pages maximum applicable to the individual resumes under

Staffing Plan.

Page Size: One sided, letter size (8.5” x 11”) Font Size: 11-point font size Font Type: Times New Roman (or other common font) One additional copy of technical quote with company information redacted

Volume 2 – Price Quote Follow guidelines listed below in Volume II price quote Page Limitation: None

(vii) Quote Submittal Instructions

Quotes will be evaluated on the factors listed below. Failure to follow the instructions may result in the quote being removed from further consideration for award.

Quoters are cautioned not to include assumptions, caveats, or exceptions within any part of their submission. Inclusion of assumptions, caveats, or exceptions to the requirement of any kind may result in the quote no longer being considered. Quoters should ONLY submit information explicitly requested in this RFQ.

NOTE: Quotes will first be reviewed to ascertain whether they have been submitted in accordance with the instructions for Volume I-Technical Quote and Volume II-Price Quote before being evaluated against the criteria identified below.

VOLUME I-TECHNICAL QUOTE

The Technical Factors below are listed in descending order of importance. However, price is always evaluated, and price rises in importance when technical merit among the quotes becomes more equal.

The technical quote must be sufficiently detailed to enable the USDA to make a thorough evaluation and to arrive at a sound determination as to whether the quoted services meet the requirements of the Performance Work Statement (PWS) and the quoted approach is valid and practical. The technical quote must be specific, detailed and complete to clearly demonstrate the vendor has a thorough understanding of the requirements for providing services of the scope and character outlined in the PWS. Clear evidence of services/processes previously demonstrated and currently in place relating to the technical evaluation criteria should be included.

Statements that the vendor understands, can, or will comply with all statements in the PWS, and statements paraphrasing the PWS are considered insufficient. For example, statements such as “standard procedures will be employed,” or well-known techniques will be used,” etc., will be considered insufficient. Elaborate brochures or other presentations beyond that sufficient to present an effective proposal are not desired.

The Technical Quote shall not include any pricing information.

Selection shall be made on a best value basis in accordance with FAR 8.405-2 (d).

Watershed Project Plan-Environmental Assessment (Plan-EA) for the Lake 17 and Little Suction Creek Watershed

Technical Evaluation Criteria:

Factor 1 – Corporate Experience

In this section, the vendor shall prepare a summary statement of corporate experience that discusses how the information provided relates to the subject PWS and how it’s experience will support the USDA under the ensuing contract. The vendor shall demonstrate its technical experience in performing all task areas and understanding of the PWS. The vendor’s quote shall include subsections to discuss its demonstrated experience in the following areas:

1. Performing watershed planning services for the purpose of prevention or reduction of flood damages. Emphasis will be given to experience performing watershed planning for the Natural Resources Conservation Service (NRCS) in similar rural and agricultural settings in the western United States within the past 5 years, complying with criteria established in the National Watershed Program Manual (NWPM); National Environmental Policy Act (NEPA); National Historic Preservation Act (NHPA), Council on Environmental Quality (CEQ), and other federal water resources planning criteria such as Principles and Requirements for Federal Investments in Water Resources (2013) and the associated Interagency Guidelines, together referred to as PR&G.

2. Technical expertise in areas such as earthen embankments, reinforced concrete structures, roller compacted concrete, flood control measures (including non-structural measures), water retention dams, riparian management and restoration, floodplain management, and natural resources conservation. Emphasis will be given to experience planning according to NRCS Conservation Practice Standards.

3. Experience in public affairs with an emphasis on Tribal government and member relations, interagency cooperation, stakeholder engagement, media communications, information dissemination, and strategic communications.

Factor 2 – Staffing Plan

In this section, the vendor shall demonstrate how it plans to accomplish the assigned work by matching personnel skills to the work or task, utilizing qualified personnel with appropriate combinations of education, training, and experience to form an interdisciplinary team. The Staffing Plan shall also demonstrate the quality of its proposed personnel and show sufficient technical resources to undertake the current and potential workload, in addition to key staff, to complete the watershed planning services as outlined in the PWS. For each individual who would perform under the contract, include the following:

■ Name, Title, and Labor Category

■ Resume, noting specific NRCS watershed planning experience

■ Whether or not the individual is a current employee. If not a current employee, whether the individual has signed a letter of commitment to the vendor

Factor 3 – Past Performance

In this section, the Vendors shall provide past performance information on three (3) prior contracts, subcontracts, agreements, or other relevant work for services similar in scope, magnitude, and

Watershed Project Plan-Environmental Assessment (Plan-EA) for the Lake 17 and Little Suction Creek Watershed complexity to the requirements in this PWS.

1. Recency: Similar contracts completed or worked on within the last five (5) years.

2. Relevancy: The vendor shall submit past performance information which demonstrates an ability to complete watershed planning under similar requirements of the PWS.

The Government intends to make an overall determination of Past Performance based on a review of the following:

■ Contract Performance Assessment Reporting System (CPARS)

■ Previous contract history

So that the Government may efficiently evaluate and verify the past performance information the quoter should include the following information for each example:

■ Name and Address of Contracting Activity/Organization

■ Contract Number

■ Contract Type

■ Period of Performance

■ Place of Performance

■ Total Contract Value

■ Deliverables – title, date, and brief description

■ Points of Contact with correct phone numbers, titles, and e-mail addresses to allow the

Government to verify information submitted. Provide at least one (1) verifiable contracting or technical point of contact. If possible, provide both contracting and technical points of contact. The Quoter shall ensure that information presented for points of contact is accurate and current (i.e., current phone numbers, email addresses).

All evaluation factors other than price, when combined, are significantly more important than price.

VOLUME II – PRICE QUOTE

Quoters shall submit a Firm Fixed Price Quote utilizing fully burdened, fixed price rates. The price quotes must identify the following:

1) solicitation number;

2) name, email address, address, and telephone number of the vendor;

3) Breakdown of price for line item to include direct labor and any associated costs;

Labor category, fully burdened fixed hourly rate and number of hours, other direct costs, and total price;

4) Sufficient details to analyze the price and make a determination.

C. Basis for Award

(i) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Watershed Project Plan-Environmental Assessment (Plan-EA) for the Lake 17 and Little Suction Creek Watershed

(a) Factor 1 – Corporate Experience

The vendor’s experience will be evaluated on the demonstrated experience as well as its understanding, knowledge, and ability to perform all task areas of the Performance Work Statement (PWS).

(b) Factor 2 – Staffing Plan

The vendor’s staffing plan shall be evaluated on the demonstrated plan and approach to staffing the contract. The Government will also evaluate the demonstrated quality of its proposed personnel as well as appropriateness of its proposed labor categories.

(c) Factor 3 – Past Performance

The vendor’s Past Performance shall be evaluated on the demonstrated quality of its past performance of contracts, subcontracts, agreements and/or other related work performed during the past three years, which are similar in size, scope, and complexity to this requirement. The Government will evaluate the recency, relevancy, quality, timeliness, cost control, schedule, management, regulatory compliance for the Quoter’s past performance example. In evaluating the past performance example, the Government reserves the right to use data obtained from other sources as well as that provided in the quote. If sufficient information cannot be found within CPARS and if the quoter does not have any previous contract history or other past performance history, the quote will receive a neutral rating.

(d) Factor 4 – Price

Price shall be evaluated by analyzing the total price for the CLINs. Price will be evaluated for completeness and reasonableness.

All evaluation factors other than price, when combined, are significantly more important than price.

(ii) Rating Criteria

The non-price factors will be evaluated using confidence ratings (Table 1). Factor 3 (Past Performance) will first be evaluated to determine recency and relevancy.

Table 1 – Non-Price Factor Confidence Ratings

Rating Definition

High Confidence

The Government has high confidence that the Quoter understands the requirement, proposes a sound approach, and will be successful in performing the contract with little or no Government intervention.

Some Confidence The Government has some confidence that the Quoter understands the requirement, proposes a sound approach, and will be

Watershed Project Plan-Environmental Assessment (Plan-EA) for the Lake 17 and Little Suction Creek Watershed successful in performing the contract with some Government intervention.

Low Confidence

The Government has low confidence that the Quoter understands the requirement, proposes a sound approach, or will be successful in performing the contract.

(iii) Comparative Evaluation

Upon completion of technical evaluations, the Government may perform a comparative evaluation of the quotations (comparing quoter responses to one another) to select the quotation that is best suited to fulfill the requirements, based on the Quoters’ responses to the criteria outlined in this RFQ and their relative importance. The Government anticipates selecting the best-suited quoter from initial responses, without engaging in exchanges with quoters. Quoters are strongly encouraged to submit their best technical solutions and price in response to this

RFQ.

Once the Government determines the quoter that is the best-suited (i.e., the apparent successful quoter), the Government reserves the right to communicate with only that quoter to address any remaining issues, if necessary, and finalize award with that quoter. These issues may include technical and price. If the parties cannot successfully address any remaining issues, as determined pertinent at the sole discretion of the Government, the Government reserves the right to communicate with the next best-suited quoter based on the original analysis and address any remaining issues. Once the Government has begun communications with the next best-suited quoter, no further communications with the previous quoter will be entertained until after the task order has been awarded. This process shall continue until an agreement is successfully reached and a task order is awarded.

(iv) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the quote’s specified expiration time, the Government may accept a quote, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

D. Additional Contract Requirements

(i) The following additional Federal Acquisition Regulation (FAR) and Agriculture Acquisition Regulation (AGAR) provisions and clauses apply to this solicitation and any resultant contract award.

(ii) Technical Coordination.

(1) Performance of work under this contract shall be in compliance with the PWS and terms and conditions of the contract.

(2) All technical coordination shall remain within the scope of this contract. No oral statements by any person shall in any manner or degree modify or otherwise affect the terms of this contract.

Technical coordination shall not result in any action that:

(a) Constitutes an assignment of additional work outside the PWS.

(b) Constitutes a change as defined in the contract clauses 52.212-4, 52.243-1, Changes - Fixed-Price and 52.243-2, Changes - Cost-Reimbursement, as applicable.

(c) Causes an increase in the total contract amount or the time required for contract performance.

Watershed Project Plan-Environmental Assessment (Plan-EA) for the Lake 17 and Little Suction Creek Watershed

(d) Changes in any of the expressed terms, conditions or specifications of this contract.

(e) Interfere with the Contractor’s right to perform the terms and conditions of the contract.

FEDERAL ACQUISITION REGULATION (FAR) CONTRACT CLAUSES AND PROVISIONS:

52.252‐2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/?q=browsefar

CLAUSES INCORPORATED BY REFERENCE

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jun 2020) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020) 52.219-28 Post Award Small Business Program Rerepresentation (Nov 2020) 52.222-3 Convict Labor (Jun 2003) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sep 2016) 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020) 52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) 52.222-50 Combating Trafficking in Persons (Oct 2020) 52.222-55 Minimum Wages Under Executive Order 13658 (Nov 2020) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.224-3 Privacy Training (Jan 2017) 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.245-1 Government Property (Jan 2017)

52.245-9 Use and Charges (Apr 2012)

Additional contract requirements are captured below.

The clause at 52.212-4, Contract Terms and Conditions—Commercial Items (DEC 2022), applies to this acquisition and addenda are not attached.

52.212‐5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders‐

Commercial Items (Jun 2023)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab 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) 52.232-40, Providing Accelerated Payments to Small Business

Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

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

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

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

[Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

_X_ (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.)

(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].

_X_ (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).

(8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN

2023) (Section 102 of Division R of Pub. L. 117-328).

(9) 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).

(10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

(11) [Reserved].

(12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022)

( 15 U.S.C. 657a).

(13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

(14) [Reserved]

_X_ (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV

2020) ( 15 U.S.C. 644).

(ii) Alternate I (MAR 2020) of 52.219-6.

(16) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV

2020) ( 15 U.S.C. 644).

(ii) Alternate I (MAR 2020) of 52.219-7.

(17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)).

(18) (i) 52.219-9, Small Business Subcontracting Plan (OCT 2022)

( 15 U.S.C. 637(d)(4)).

(ii) Alternate I (NOV 2016) of 52.219-9.

(iii) Alternate II (NOV 2016) of 52.219-9.

(iv) Alternate III (JUN 2020) of 52.219-9.

(v) Alternate IV (SEP 2021) of 52.219-9.

(19) (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.

(20) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

(21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP

2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

(22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (OCT 2022) ( 15 U.S.C. 657f).

X (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR

2023)( 15 U.S.C. 632(a)(2)).

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

(24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

(25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned

Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT

2022) ( 15 U.S.C. 637(m)).

(26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR

2020) ( 15 U.S.C. 644(r)).

(27) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

_X_ (28) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

(29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC

2022) (E.O.13126).

(30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (31) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

(ii) Alternate I (FEB 1999) of 52.222-26.

_X_ (32) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

(ii) Alternate I (JUL 2014) of 52.222-35.

_X_ (33) (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.

X (34) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

X (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

X (36) (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).

X (37) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in

FAR 22.1803.)

(38) (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.)

(39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

X (41) (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.

(42) (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.

(43) 52.223-15, Energy Efficiency in Energy- Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

(44) (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 (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

(46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

(47) 52.223-21, Foams (Jun2016) (E.O. 13693).

(48) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

(ii) Alternate I (JAN 2017) of 52.224-3.

(49) (i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

(ii) Alternate I (OCT 2022) of 52.225-1.

(50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC

2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

(iii) Alternate II (DEC 2022) of 52.225-3.

(iv) Alternate III (JAN 2021) of 52.225-3.

(v) Alternate IV (Oct 2022) of 52.225-3.

(51) 52.225-5, Trade Agreements (DEC 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(53) 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. Subtitle A, Part V, Subpart G Note).

(54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)

( 42 U.S.C. 5150).

(55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

(56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

(57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

(58) 52.232-30, Installment Payments for Commercial Products and Commercial

Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

(60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for

Award Management (Jul 2013) ( 31 U.S.C. 3332).

(61) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

_X_ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

(63) 52.242-5, Payments to Small Business Subcontractors (JAN

2017) ( 15 U.S.C. 637(d)(13)).

(64)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) ( 46 U.S.C. 55305 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 products and commercial services:

[Contracting Officer check as appropriate.]

(1) 52.222-41, Service Contract Labor Standards (AUG

2018) ( 41 U.S.C. chapter67).

(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).

(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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 products or commercial services. 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) 52.204-27, Prohibition on a ByteDance Covered Application (JUN

2023) (Section 102 of Division R of Pub. L. 117-328).

(vi) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 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.

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

(viii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

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

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) ( 29 U.S.C. 793).

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

(xii) 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.

(xiii) 52.222-41, Service Contract Labor Standards (AUG

2018) ( 41 U.S.C. chapter 67).

(xiv)

(A) 52.222-50, Combating Trafficking in Persons (NOV

2021) ( 22 U.S.C. chapter 78 and E.O 13627).

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

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive

Order 14026 (JAN 2022).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

(xx)

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

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

(xxi) 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. Subtitle A, Part V, Subpart G Note).

(xxii) 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.

Watershed Project Plan-Environmental Assessment (Plan-EA) for the Lake 17 and Little Suction Creek Watershed

(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial

Vessels (NOV 2021) ( 46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

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.

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/wage-determinations

Wage Determination 2015-5397

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

Watershed Project Plan-Environmental Assessment (Plan-EA) for the Lake 17 and Little Suction Creek Watershed proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

452.211-74 Period of Performance (FEB 1988) The base period of performance of this contract is twenty-four (24) months from Notice to Proceed date. There are no option periods for this requirement.

452.224-70 Confidentiality of Information (Feb 1988)

(a) Confidential information, as used in this clause, means -- (1) information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

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

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

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

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

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

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

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

452.237-75 Restrictions Against Disclosure (Feb 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

Watershed Project Plan-Environmental Assessment (Plan-EA) for the Lake 17 and Little Suction Creek Watershed

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PAYMENT

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) 9733131.

Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing.

INVOICING

Invoices shall be submitted each month for the previous months work. Invoices must be submitted electronically through the Invoice Processing Platform (IPP) system.

In addition to the information required by FAR 32.905(b) each invoice must contain a breakdown of the total amount. Travel costs must be broken down by the individual traveler and documentation supporting the costs being invoiced must be attached and clearly indicate the traveler it is associated with. The remaining non-travel amount must be broken down into the individual labor category and rate identified in this contract and the quantity of hours expended. No other amounts shall be listed on an invoice.

Invoices shall be submitted as work proceeds and in accordance with paragraph (i) of clause 52.212-4.

The Contractor shall submit with each invoice the information required by paragraph (g) of clause 52.212-4.

PAYMENT

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

Payment will be made after receipt of invoice or acceptance of goods whichever is later. Payment will be made via Electronic Funds Transfer.

CONSERVATION COOPERATOR ACKNOWLEDGEMENT

7 U.S.C. 8791 (Pub. L. 110-246, Sec. 1619) prohibits the disclosure of certain information by the USDA and its cooperators (including contractors) as it relates to Farm Bill programs. This includes: (a) Information provided by an agricultural producer or owner of agricultural land concerning the agricultural operation, farming or conservation practices, or the land itself, in order to participate in programs of the Department; or

(b) Geospatial information otherwise maintained by the Secretary about agricultural land or operations for which information described in subparagraph (a) is provided.

FPAC conservation cooperators are contractors, individuals, or organizations (governmental or nongovernmental) that assist FPAC with providing conservation program related services. This includes any service where a contractor may have access to the information described above that has been provided either 1) directly from an FPAC mission area agency; 2) directly from the producer or owner as part of the process required to enable a producer or owner to participate in a USDA program; or 3) in another manner with the producer’s permission.

Watershed Project Plan-Environmental Assessment (Plan-EA) for the Lake 17 and Little Suction Creek Watershed

The acknowledgement must be completed by the contractor upon award of a contract in support of Farm Bill programs where the contractor may have access to the type of information described above. Contractors need not sign the document as part of the solicitation process, but the awardee must do so prior to award of a contract.

SOLICITATION PROVISIONS INCORPORATED BY FULL TEXT

FAR 52.252-1 -- Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR Clause: https://www.acquisition.gov/FAR/ USDA Clause: https://www.acquisition.gov/agar

452.204-70 Inquires FEB 1988 452.219-70 Size Standard and NAICS Code Information SEP 2001

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation.