SF 1449 CONTINUATION SHEET.pdf

Continuation of SF 1449 - 12444124R0015

Janitorial – Tusquitee Ranger District

Continuation of SF 1449

Block 27: The full text of a clause or provision may be accessed electronically at www.aquisition.gov.

INTENT AND LOCATION OF BLANKET PURCHASE AGREEMENTS

The intent of this solicitation is to award a Blanket Purchase Agreement (BPA) for Janitorial Services to be performed for the USDA Forest Service, Forests of North Carolina, Tusquitee Ranger District.

Except for items listed under the Government Furnished Property, the contractor shall furnish all labor, supplies, materials, equipment, transportation, incidentals, and supervision necessary to perform this service. All supplies used for this award will be in accordance with the Sustainable Products and Services (FAR 23.1)

You MUST be ACTIVE AND REMAIN ACTIVE in the System for Award Management (SAM) at www.sam.gov at the time proposals are due to be eligible for this award.

Proposals must be emailed to Laura.Updegraff@usda.gov.

Proposals are due September 17, 2024, no later than 1200 PM EST.

Site visit: 9:00 AM, September 10, 2024, located at 123 Woodland Drive, Murphy, NC, 28906. This is the only site visit; no other walk thrus are authorized or available. Site visits are not mandatory to submit a proposal; however, failure to attend the site visit does not constitute a reason to request a price adjustment if awarded.

Questions are due to laura.updegraff@usda.gov no later than 5pm EST on September 6, 2024

Contractors must submit the following documents – Proposals may be deemed non-responsive if the documents listed below are not provided at the time proposals are due:

1) SF-1449 (must be signed and dated)

2) ATTACHMENT 2 - Schedule of Items (Format attached must be used)

3) ATTACHMENT 4- Relative Experience Questionnaire – a minimum of three relevant jobs must be cited, and all information requested on the questionnaire must be provided. Please note: The government may use past performance and other information from any available source.

3) ATTACHMENT 5- Contractor Information – Listed below on this page

4) Technical Proposal – The technical proposal shall address the evaluation factors as outlined in 52.212-2. Technical Proposals MUST NOT contain any pricing information and will be considered non-responsive if the technical proposal contains pricing information

5) Amendments. As applicable, signed and dated

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be http://www.aquisition.gov/ http://www.sam.gov/ mailto:Laura.Updegraff@usda.gov mailto:laura.updegraff@usda.gov

Janitorial – Tusquitee Ranger District issued.

This solicitation is issued as a Request for Proposal (RFP)

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-02.

This procurement is set aside for Small Businesses. The NAICS code is 561720 and the

Small Business Size Standard is $22.0M.

ATTACHMENT 2 - Schedule of Items

CLAUSES:

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, https://www.acquisition.gov/agar, and https://www.usda.gov/da/ocp/ppd/policies-regulations

52.203-3 Gratuities (APR 1984)

52.203-16 Preventing Personal Conflicts of Interest (JUN 2020)

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV

2021)

52.212-4 Contract Terms and Conditions – Commercial Products and

Commercial Services (NOV 2023)

52.223-2 Reporting of Biobased Products Under Service and Construction

Contracts (MAY 2024)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders– Commercial Products and Commercial Services (MAY 2024) https://www.acquisition.gov/ http://www.acquisition.gov/agar http://www.usda.gov/da/ocp/ppd/policies-regulations https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations

(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. 3805note)).

(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:

☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

☐ (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) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1) (Whistleblower Guidance to Contractor Employees)

☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier

Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (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-https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK

Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov

2021) (31 U.S.C. 6101note).

☐ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

☐ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders – Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts (Dec 2023) (Pub. L. 115-390)

☐ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition. (Dec 2023) (Pub. L. 115-390, title II)

☐ (ii) Alternate I (Dec 2023) of 52.204-30.

☒ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov

2021) (31 U.S.C. 6101note).

☐ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (14) [Reserved].

☐ (15) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.657a).

☒ (16) (i) 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).

☐ (17) [Reserved]

☒ (18) (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.

☐ (19) (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.

☐ (20) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15

U.S.C. 637(d)(2) and (3)).

☐ (21) (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.

☐ (22) (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

☐ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s)

[Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or

☐ By the end of the performance period for each order issued under the contract.

☐ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

☒ (26) (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.

☐ (27) 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)).

☐ (28) 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)).

☐ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15

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

☐ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☒ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies

(Dec 2022) (E.O.13126).

☐ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

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

☒ (36) (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.

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

☐ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

☒ (39) (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. chapter78 and E.O. 13627).

☐ (40) 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.)

☐ (41) (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.)

☐ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C.

7671, et seq.).

☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C.

7671, et seq.).

☐ (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).

☐ (45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).

☐ (46) 52.223-23, Sustainable Products and Services (May 2024) (42 U.S.C. 7671, et seq.).

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

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

☐ (48)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

☒ (49) (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.

☐ (50) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (51) 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).

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

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

☒ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging

While Driving (May 2024) (E.O. 13513).

☐ (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).

☒ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (Oct 2018) (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).

☐ (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:

☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (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) (29 U.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.

(d) (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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712)

(iii) 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)).

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

Services Developed or Provided by Kaspersky Lab Covered Entities (Dec

2023) (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).

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

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

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act

Orders – Prohibition. (Dec 2023) (Pub. L. 115-390, title II)

(B) Alternate I (Dec 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (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.

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

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

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

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

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

(xiv) 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.

(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xvi) (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).

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

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

Order 14026 (Jan 2022).

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

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

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

(xxiii) 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).

(xxiv) 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.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business

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

(xxvi) 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.

52.217-8 Option to Extend Services. (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 66 months.

52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

Government may extend the term of this contract by written notice to the Contractor within

1 calendar day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 3 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 10 months.

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation

(48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation

(48 CFR 4) clause with an authorized deviation is indicated by the addition of

“(DEVIATION)” after the name of the regulation.

452.204-70 Class Deviation – Regarding Agriculture Acquisition Regulation (AGAR) Memorandum

(JUN 2024)

Upon contract closeout for contracts utilizing anything other than cost reimbursement:

(a) If unliquidated 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) Upon contract closeout for contracts utilizing SAP: if unliquidated 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

“Contractor Release of Claims” be completed by the contractor, although not required for contracts and orders using SAP.) If the bilateral modification and/or 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.

(c) Upon contract closeout for contracts utilizing anything other than cost reimbursement, if unliquidated 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 a ‘‘Contractor Release of

Claims’’ and will be required to provide a signature on both forms. If the bilateral modification and

Release of Claims are not returned to the CO within 120 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.

452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is listed on the SF-1449.

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.

(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.

ATTACHMENTS:

1) ATTACHMENT 1 – Statement of Work (SOW)

2) ATTACHMENT 2 - Schedule of Items

3) ATTACHMENT 3 - DOL Wage Determination

4) ATTACHMENT 4 - Contractor Information Sheet

5) ATTACHMENT 5- Tusquitee Recreation Map

6) ATTACHMENT 6 - Relative Experience Questionaire

PROVISIONS:

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023)

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):

Federal Acquisition Regulation (FAR) Provisions:

https://www.acquisition.gov/browse/index/far (FAR Provisions begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Provisions:

https://www.acquisition.gov/agar (AGAR Provisions begin with 452)

FAR and AGAR Deviations to provisions may be viewed at:

https://www.usda.gov/da/ocp/ppd/policies-regulations

52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021)

52.223-1 Biobased Product Certification (MAY 2024)

52.223-4 Recovered Material Certification (MAY 2008)

52.217-5 Evaluation of Options (JULY 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the

Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

Addenda to Provision 52.212-1 paragraph (f) Late submissions:

Replace (f)(2)(i) with the following:

Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is

"late" and will not be considered unless it is received before award is made and the

Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. Delete 52.212-1 (f)(2)(i) paragraphs A, B, & C.

Addenda to Provision 52.212-1 paragraph (b) Submission of Offers:

1) Offerors must have an active entity registration in the System for Award Management to submit an offer. https://www.sam.gov/SAM/

2) Offers submitted in response to this solicitation shall include a technical proposal as a https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://www.sam.gov/SAM/ separate document in PDF or MS Word Document, and a separate Schedule of Items.

a) Technical Proposal – The technical proposal shall address the evaluation factors in 52.212-2. At a minimum technical proposal shall include:

i) Past Performance – complete Attachment 5, Relative Experience Questionnaire providing a list of similar projects completed by your firm over the past three years. Include a brief description of the project, dollar amount, year completed, and project owner contact information (name, phone, and email). The government may use past performance information from any available source. If a company does not have past performance information available, information may be provided for predecessor companies, key personnel, or subcontractors. If there is no past performance information available, the offeror will receive a neutral rating in this factor.

ii) Technical Capability – Provide a list of equipment and key personnel (with qualifications) that will be used to complete this project.

b) Price Proposal – Include the following: 1) The completed, signed SF-1449

2) the completed Attachment 2, Schedule of Items and 3) acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment(s).

Price reasonableness and price realism will be evaluated.

3) Submit offer by email to laura.updegraff@usda.gov

4) Address questions about this solicitation no later than August 30, 2024 to Laura Updegraff at laura.updegraff@usda.gov.

52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021)

Award of this BPA will be made on a Best Value (BV) determination, with the following evaluation criteria, which when combined are more important than price.

The Government intends to award a BPA resulting from this solicitation to the responsible offeror whose offer conforms to these evaluation factors based on Best Value. The Government will evaluate based on Technical

Capability, Relative Experience/Past Performance, and Price Reasonableness/Realism that is the most advantageous to the Government. The Government reserves the right to award to other than the low-price offeror. The

Government will assess its level of confidence that the Offers will be capable of successfully performing all requirements in regard to the previously mentioned evaluation factors in relation to the quoted price.

Proposals will be evaluated in two steps. The first step will evaluate the Technical Approach and the Relevant

Experience/Past Performance without knowledge of the Offeror’s pricing. The technical proposals will be evaluated and ranked according to the following criteria. Technical ratings will be as follows: Outstanding, Satisfactory, Marginal, Unacceptable. Ratings of ‘Marginal’ or ‘Unacceptable’ will not be evaluated further. The second step will evaluate the Price Reasonableness and Realism. Pricing information is not to be included in the technical documents.

Once the price volume has been evaluated, the overall technical proposal rating and the price proposal rating will be considered in concert to determine an overall proposal rating to determine the proposal that offers the best value to the Government.

Factor 1: Technical Approach

Contractors must provide a comprehensive technical proposal that thoroughly addresses the contractor’s business and strategies to accomplish required services, as outlined in the attached Statement of Work.

Submission document for the Technical Approach:

- Technical Proposal

RATINGS/DEFINITIONS:

OUTSTANDING (O)

The proposal exceeds the requirements of the RFP and provides an exceptional or outstanding approach that fully satisfies the Government’s requirements. The proposal is very comprehensive, providing in-depth, clear, and uniformly outstanding quality. Consistently high-quality performance can be anticipated from the offeror. The proposal, as written, exceeds the requirement and no unacceptable items are identified.

SATISFACTORY (S)

The proposal fully satisfies the requirements of the RFP and demonstrates a good understanding of the solicitation. The response meets all minimum requirements and generally is of high quality. Deficiencies are minor and easily corrected. Proposal is acceptable as written. Satisfactory performance can be expected.

MARGINAL (M)

The proposal does not fully meet the requirements of the RFP. Weaknesses are identified which would indicate an insufficient understanding of the RFP requirements. With minor revisions or clarifications, the proposal has a reasonable chance of becoming technically acceptable.

UNACCEPTABLE (U)

The proposal fails to satisfy requirements of the RFP and the approach contains an unacceptable level of risk to the Government. The proposal is lacking minimum technical detail and omissions are apparent.

Major deficiencies have been identified in the proposal which are either not correctable or would require major revision/rewrite to the proposal, without which the proposal doesn't have a reasonable chance of becoming technically acceptable.

Factor 2: Relative Experience/Past Performance

The Government will consider the relevance of past performance information obtained in relation to the scope of this

RFQ with respect to both similar efforts, and the length and scope, number, complexity, and diversity of contracts completed by the offeror. Past performance, either positive or negative, which is considered by the Government to be more closely related to the scope of this project will be given additional weight in the evaluation process.

Submission document for the Relevant Experience/Past Performance:

- Relevant Experience (Past Performance) Questionnaire

Relative experience is defined as experience in performing services as the same or similar to those in the Statement of Work contained in this solicitation. Past performance is based on references provided by offerors and may be selected and confirmed by the Government. Any derogatory past performance information obtained will be presented to the affected offeror and that offeror will have an opportunity to respond with any mitigating facts. The final determination of past performance ratings shall rest with the Contracting Officer.

Offerors shall provide a list of contracts, Letters of Agreement, or similar documentation that prove these types of services have been provided that are similar in size and scope to this solicitation’s SOW during the past three years utilizing the attached Relative Experience/Past Performance Questionnaire. The list should not exceed more than five

(5) contracts for either Government or private sector. The Government will then evaluate the Contractor’s past performance on those relative contracts by confirming the information provided as well as using any past performance evaluations, such as CPARS, available. The bidder could be the primary or sub-contractor on these past projects.

The Government will use information provided by the offerors and information obtained from other sources in the development of the performance confidence assessments. Additional information may be submitted to supplement this form, as necessary.

Government evaluators may avail themselves of various federal, state, and local past performance databases. The

Government may research offeror performance on any federal, state, local, and commercial contract performance of the offeror that is known to the Government, but not included on the submitted performance information.

Additionally, the personal experience and evaluator knowledge of offeror performance may be utilized.

RATINGS/DEFINITIONS:

OUTSTANDING (O)

The information supplied by the Offeror/References reflects a thorough understanding of the project and level of coordination required for work of this nature in and around ongoing office operations. The offeror has demonstrated strong relationships with other Government and/or Private Sector customers. The references report effectiveness in managing projects, including identification and prevention of deficiencies.

SATISFACTORY (S)

The information supplied by the Offeror/References reflects a good understanding of the project and level of coordination required for work of this nature in and around ongoing office operations. The offeror has demonstrated strong relationships with other Government and/or Private Sector customers. The references report effectiveness in managing projects, including identification and prevention of deficiencies.

MARGINAL (M)

The information supplied by the Offeror/References reflect little understanding of the project and level of coordination required for work of this nature in and around ongoing office operations. The offeror has l demonstrated weak relationships with other Government and/or Private Sector customers. The references report ineffectiveness in managing projects, identification and preventing deficiencies.

UNACCEPTABLE (U)

The information supplied by the Offeror/References reflects poor understanding of the project and level of coordination required for work of this nature. The offeror does not demonstrate strong relationships with other

Government and/or Private Sector customers. The references report risk to the government and would require major revisions to become technically acceptable. Insufficient information was provided by the Offeror.

NO RATING

No experience is available for evaluation. Proposal receives no merit or demerit for this factor.

*Lack of relative experience will be considered as no experience and the offeror will be rated as Neutral.

OVERALL TECHNICAL PROPOSAL

Technical Proposals will receive the following rating for the factors indicated. The following should be used as a guide in determining the rating of each factor and the overall evaluation of each technical proposal.

OUTSTANDING (O)

The proposal exceeds the requirements of the RFP and provides an exceptional or outstanding approach that fully satisfies the Government’s requirements. The proposal is very comprehensive, providing in-depth, clear, and uniformly outstanding quality. Consistently high-quality performance can be anticipated from the offeror. The proposal, as written, exceeds the requirement and no unacceptable items are identified.

SATISFACTORY (S)

The proposal fully satisfies the requirements of the RFP and demonstrates a good understanding of the solicitation.

The response meets all minimum requirements and generally is of high quality. Deficiencies are minor and easily corrected. Proposal is acceptable as written. Satisfactory performance can be expected.

MARGINAL (M)

The proposal does not fully meet the requirements of the RFP. Weaknesses are identified which would indicate an insufficient understanding of the RFP requirements. With minor revisions or clarifications, the proposal has a reasonable chance of becoming technically acceptable.

UNACCEPTABLE (U)

The proposal fails to satisfy requirements of the RFP and the approach contains an unacceptable level of risk to the

Government. The proposal is lacking minimum technical detail and omissions are apparent. Major deficiencies have been identified in the proposal which are either not correctable or would require major revision/rewrite to the proposal, without which the proposal doesn't have a reasonable chance of becoming technically acceptable.

Factor 3: Price Reasonableness and Realism (separate and independent of the technical proposal evaluation):

The price proposals will be evaluated for completeness and reasonableness to ensure the offer is fair and reasonable.

The proposal will be evaluated to ensure it covers all requirements of the specifications, including all pricing information required by the solicitation are completed as required. Moreover, prices are reasonable in comparison to estimates; prior prices paid, competition, and can be supported by suitable estimating techniques. Plus, the price proposal will be evaluated for realism. The Government may, in its discretion, provide for a price realism analysis for the purposes of assessing whether an offeror’s price is so low as to reveal a lack of understanding of the contract requirements or for assessing risk inherent in the offeror’s approach, and as such be deemed not realistic.

Submission document for the Relevant Experience/Past Performance:

- Schedule of Items (SOI)

RATINGS/DEFINITIONS:

OUTSTANDING (O)

The price proposal provided by the Offeror reflects a thorough understanding of the project and the level of effort required to fully complete the specifications as outlined. All required pricing information was provided and left the Government essentially no doubt that this is a reasonable and realistic proposal.

SATISFACTORY (S)

The price proposal provided by the Offeror reflects a good understanding of the project and the level of effort required to satisfactorily complete the specifications as outlined. All required pricing information was provided and left the Government with some doubt that this is either a reasonable or realistic proposal.

MARGINAL (M)

The price proposal provided by the Offeror reflects little understanding of the project and the level of effort required to satisfactorily complete the specifications as outlined. All required pricing information was provided but left the Government with substantial doubt that this is either a reasonable or realistic proposal.

UNACCEPTABLE (U)

The price proposal provided by the Offeror reflects a poor understanding of the project and the level of effort required to satisfactorily complete the specifications as outlined. All required pricing information was provided but left the Government with extreme doubt that this is either a reasonable or realistic proposal.

OVERALL PROPOSAL RATINGS/DEFINITIONS:

Proposals, technical and price combined, will be evaluated utilizing the following ratings/definitions.

OVERALL PROPOSAL (Technical & Price Combined)

OUTSTANDING (O)

The proposal exceeds the requirements of the RFP and provides an exceptional or outstanding approach that fully satisfies the Government’s requirements. The proposal is very comprehensive, providing in-depth, clear, and uniformly outstanding quality. Consistently high-quality performance can be anticipated from the offeror. The proposal, as written, exceeds the requirement and no unacceptable items are identified.

SATISFACTORY (S)

The proposal fully satisfies the requirements of the RFP and demonstrates a good understanding of the solicitation. The response meets all minimum requirements and generally is of high quality. Deficiencies are minor and easily corrected. Proposal is acceptable as written. Satisfactory performance can be expected.

MARGINAL (M)

The proposal does not fully meet the requirements of the RFP. Weaknesses are identified which would indicate an insufficient understanding of the RFP requirements. With minor revisions or clarifications, the proposal has a reasonable chance of becoming technically acceptable.

UNACCEPTABLE (U)

The proposal fails to satisfy requirements of the RFP and the approach contains an unacceptable level of risk to the Government. The proposal is lacking minimum technical detail and omissions are apparent.

Major deficiencies have been identified in the proposal which are either not correctable or would require major revision/rewrite to the proposal, without which the proposal doesn't have a reasonable chance of becoming technically acceptable.