S01 Synopsis Solicitation Vegetation Treatment - PA.pdf

12FPC421Q0036

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. FAR Part 13.5 General. This announcement constitutes the only solicitation. Quotes are being requested and a written solicitation will not be issued.

Solicitation number 12FPC421Q0036 is issued as a request for quotation (RFQ). The acquisition procedures at FAR Part 13.5 are being utilized. The Government anticipates this solicitation will result in a firm fixed price commercial contract, to the responsible Contractor whose quote conforms to the solicitation and will be most advantageous to the government.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06 7/12/2021 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 115310 - Forestry Services. The small business size standard is $8.0 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 – oriel.velez@usda.gov no later than COB August 4, 2021. E-mail questions MUST include solicitation 12FPC421Q0036 – Wetland Vegetation Treatment in the subject line to avoid oversight.

Description of Services:

Obtain Wetland Vegetation Treatment in the State of Pennsylvania (PA) for properties located in Monroe, Chester, Lancaster, Berks, and York Counties.

A. Date(s) and Place(s) of Delivery and Acceptance. Throughout the fall of 2021 (September – December), the contractor will visit the sites as needed to prepare for the wetland vegetation treatments to begin work in September of 2022 through July 2023. Acceptance will be at the USDA NRCS PA State Office.

B. 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 3:00 pm Eastern Standard Time on Tuesday August 10, 2021. Send quotes via email to oriel.velez@usda.gov. Quotes MUST include solicitation 12FPC421Q0036 – Wetland Vegetation Treatment in the subject line to avoid oversight.

To be considered technically acceptable the contractor must:

1. Be on the Pennsylvania Fish & Boat Commission’s List of Qualified Surveyors For Bog Turtle

2. Must be a Certified PA Commercial Pesticide Applicator, including Category No. 9 Aquatic Pest Control

3. Attachment 2, Price Sheet – Return with quote

4. Provisions- Return with quote

5. Attachment 3, Cooperator Acknowledgment - Return with quote

C. The provision at FAR 52.212-1, Instructions to Offerors-Commercial (JAN 2017), applies to this acquisition.

D. The FAR provision 52.212-2, Evaluation-Commercial Items 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 meets the minimum technical requirements below and then is lowest http://www.acquisition.gov/far/index.html http://www.sba.gov/size mailto:oriel.velez@usda.gov https://www.beta.sam.gov/ mailto:oriel.velez@usda.gov price.

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

1. Documentation showing you are on the list of Fish and Wildlife Services Federal Agencies list of providers and qualified surveyors for Bog Turtle with the Pennsylvania Fish & Boat Commission

2. Copy of valid Certification for PA Commercial Pesticide Application, including Category 9 Aquatic Pest

Control

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.

E. The clause at 52.212-4, Contract Terms and Conditions—Commercial Items (Oct 2018), applies to this acquisition and addenda are not added.

F. The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

Commercial Items (JUL 2021), 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. (JUN 2020) (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 (JAN2020) (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).

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).

G. 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://beta.sam.gov/search?index=wd

Wage Determinations

Berks County 2015-4237 Rev 16 dated 7/21/21 Chester County 2015-5791 Rev 15 dated 7/21/21 Lancaster County 2015-4229 Rev 15 dated 7/21/21 Monroe County 2015-5797 Rev 15 dated 7/21/21 York County 2015-4245 Rev 14 dated 7/21/21

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.

H. 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—

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fbeta.sam.gov%2Fsearch%3Findex%3Dwd&data=04%7C01%7C%7C67ea330911664f6e6d7508d952903365%7Ced5b36e701ee4ebc867ee03cfa0d4697%7C0%7C0%7C637631601549488468%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=geT1KroNYPgmMCU9la8dwQyiIYZ3uDAVMIdoLKIHWVc%3D&reserved=0 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)

AGAR 452.204-70 Inquiries (Feb 1988) Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. OfferorQuoters should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from date of award through July 31, 2023.

(End of Clause)

AGAR 452.246-70 – Inspection Acceptance (Feb 1988)

(a) The Contracting Officer or Contracting Officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed after each service requirement is completed.

(End of clause)

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 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;

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. (Dec 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has 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) 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.

(End of provision)

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.

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

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.