Sol_140F0S24Q0050.pdf
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- Attached to
- LRGV Road Delivery for South Texas Refugees
- Solicitation number
- 140F0S24Q0050
About this file
This document is a combined synopsis/solicitation for a commercial item contract. The U.S. Fish and Wildlife Service has a requirement for approximately 40,000 tons of Flexible Base Type B commercial grade 2 1/2 > 3 in. Type E Caliche. This will be a firm fixed price contract with a period of performance from 10/08/2024 to 02/07/2025. The solicitation is set aside for small businesses under NAICS code 212319, Other Crushed and Broken Stone Mining and Quarrying. Quotes are due by 5:00 pm Eastern Standard Time on September 5, 2024. The government intends to award one firm fixed price contract as a result of this solicitation. Delivery will be to the Lower Rio Grande National Wildlife Refuge in Texas. Bidders must be registered in the System for Award Management (SAM) in order to be considered.
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| Sol_140F0S24Q0050_Amd_0001.pdf |
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Text version
140F0S24Q0050
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
08/23/2024 0040674562
1 26
FWS, Over SAT G/S 5275 Leesburg Pike Falls Church VA 22041
FWS Over SAT G/S 02/07/2025
FWS SOUTH TEXAS REFUGES COMPLEX
3325 Green Jay Road
ALAMO
TX 78516-9509
000 000-0000Curtis Smith
09/05/2024 1700 ED
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
Approximately 40000 tons of Flexible Base Type B commercial grade 2 1/2 > 3 in. Type E Caliche, to the Lower Rio Grande National Wildlife Refuge Period of Performance: 10/08/2024 to 02/07/2025
00010 Flexible Base Type B commercial grade 2 1/2 > 3 in. Type E Caliche
Delivery: 02/07/2025
Contracting POC: curtis_smith@fws.gov Technical POC: imer_delagarza@fws.gov
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
08/22/2024 0040674562
1 26
FWS, Over SAT G/S 5275 Leesburg Pike Falls Church VA 22041
FWS Over SAT G/S 02/07/2025
FWS SOUTH TEXAS REFUGES COMPLEX
3325 Green Jay Road
ALAMO
TX 78516-9509
000 000-0000Curtis Smith
09/05/2024 1700 ED
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
Approximately 40000 tons of Flexible Base Type B commercial grade 2 1/2 > 3 in. Type E Caliche, to the Lower Rio Grande National Wildlife Refuge Period of Performance: 10/08/2024 to 02/07/2025
00010 Flexible Base Type B commercial grade 2 1/2 > 3 in. Type E Caliche
Delivery: 02/07/2025
Contracting POC: curtis_smith@fws.gov Technical POC: imer_delagarza@fws.gov
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
LRGV Road Delivery for South
Texas Refugees Complex
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice and award. This announcement constitutes the only solicitation; proposals are being requested and a separate written solicitation will not be issued. The U.S. Fish and Wildlife Service has a requirement for approximately 40,000 tons of Flexible Base Type B commercial grade 2 1/2 > 3 in. Type E Caliche. This will be a firm fixed price contract. The period of performance will be 10/08/2024-02/07/25. This posting will be referred to under Request for Quote (RFQ) Number 140F0S24Q0050. Deliveries will be at the locations specified in the Map in the Statement of Work . This document is conducted under the procedures of FAR Parts 12 and 13 incorporating provisions and clauses in effect through the current Federal Acquisition Circular (FAC) 2024-06. This requirement is set aside for small business.
The North American Industrial Classification System (NAICS) number is 212319, Other Crushed and Broken Stone Mining and Quarrying with a business size standard of 550 employees.
In order to have a quote considered, all bidders must be registered in the System Award Management website (https://www.sam.gov)
The Government intends to award one firm fixed priced contract as a result of this combined synopsis solicitation.
Questions regarding this Solicitation must be submitted in writing, no later than Tuesday, September 3, 2024 at 5:00pm Eastern Standard Time. If necessary, questions received will be answered through an Amendment to this Solicitation. RFQ due date: Thursday, September 5, 2024 5:00pm; Eastern Standard time.
https://www.sam.gov/
Combined Synopsis/Solicitation
LRGV Road Gravel Delivery for South Texas Refuges Complex
Schedule of Items
Delivery: 02/07/2025
Item No.
Description Quantity Unit Total
00010 Flexible Base Type B commercial grade 2 1/2 > 3 in. Type E Caliche
40,000 Tons
GENERAL INFORMATION AND REQUIREMENTS
PART 1: GENERAL
1.1 PROJECT DESCRIPTION
A. Furnish all equipment, supplies, labor, and materials to provide approximately 40,000 tons of Flexible Base Type B commercial grade 2 1/2 > 3 in. Type E Caliche, to the Lower Rio Grande National Wildlife Refuge (Refuge) El Sal Del Rey and Teniente Tracts, in Hidalgo and Willacy Counties, Texas.
Base Bid:
Furnish approximately 40,000 tons of Flexible Base Type B commercial grade 2 1/2 > 3 in.
Type E Caliche to Refuge (see map). Provide a price per ton inclusive of all costs, overhead, and profit.
B. Delivery POC: Site Visit. Contact Joe D’Arrigo (956) 784-7630 or (580) 514-5805.
C. Means and Methods. Means and methods are the contractors. Contractor may only use belly dump trailers. Absolutely no turnarounds except in designated areas, which will be indicated by a government representative on site at time of delivery.
1.2 COST
A. Contractor must provide a price per ton.
B. Costs of all required work including labor, equipment, materials, weighing, testing, transportation, overhead, profit, and contractor owed taxes, are to be included in the prices biding the schedule for which the work is required.
C. Measurement for Payment: Material shall be weighed on platform scales furnished at the Contractor’s expense or on public scales, provided that weight tickets are prepared by certified weighmasters. Weight tickets shall include, at a minimum, the date, truck number, gross weight, tare weight, net weight, time of weighing, and signature of certified weigh-master. Payment will be made for Caliche at the unit price bid per ton in the schedule. Payment will be made for only quantities listed in the schedule.
1.3 CODE COMPLIANCE
Comply with the following listed codes and standards.
OSHA Safety and Health Standards for the Construction Industry (29 CFR Part 1926).
1.4 PERMITS
Contractor is responsible for any other permits needed.
1.5 UTILITIES
Power and water is not available at the site. The Contractor shall make all arrangements to provide power and water if needed for its operations.
1.6 USE OF PREMISES
A. Contractor activities are limited to Refuge hours of work: 7:00 a.m. to 4:00 p.m., Monday through Friday. Work outside these hours or on weekends or Federal holidays is not permitted unless approved in writing by Joe D’Arrigo.
B. Remove surplus trash, and debris, and legally dispose of them off Refuge's property.
C. Daily housekeeping is required to ensure trash and debris do not leave site or affect nearby areas. ( example: lunch bags, soda or water bottles or trash of any kind ) D. Contractors must stay on designated roads.
E. Contractor must obey all posted speed limits while on the Refuge property.
1.7 SUBMITTALS
A. Product data for base material.
B. Weight tickets for all material.
PART 2 - PRODUCTS
2.1 BASE MATERIAL
A. Provide Flexible Base Type B commercial grade 2 1/2 > 3 in. Type E Caliche B. Crushed concrete is not acceptable.
C. Provide weight tickets to the on-site Government representative with each load of Caliche delivered for the work. Weight tickets shall include, at a minimum, the date, truck number, gross weight, tare weight, net weight, time of weighing, and signature of certified weighmaster.
PART 3 - EXECUTION
3.1 COMPLIANCE
A. Comply with specified codes and standards to ensure safe and satisfactory project completion.
3.2 BASE MATERIAL PLACEMENT
A. REQUIREMENTS FOR ROADWAY DELIVERY: Spread with Belly Dump base material in the area marked on the attached map. To be delivered upon the request of refuge staff once the notice to proceed is agreed on by both parties.
B. El Sal Del Rey site: Belly Dumps are to enter the El Sal Del Rey job site from State Highway 186 and exit to the North on Chapa Road (see map).
C. Teniente site: Belly dumps are to enter County Road 20 from State Highway 186 and exit to the North on GI Road.
Belly dumps are to enter County Road 30 from State Highway 186 and exit to the North on GI Road.
Belly dumps are to enter GI Road from the West and exit through either County Roads 20 or 30.
Government employee’s and equipment will follow belly dumps and spread loads for easy enter and exit.
3.3 Contractor must plan for weather. Rain or flooding could affect contractor’s delivery schedules, or any other unexpected Refuge Operations in the area.
DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)(FEB 2021)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor.
To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is:
https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
1. Invoice billed according to contract line items and rates.
2. If partial payment is billed and the invoice states a limp sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this invoice period.
3. If final payment is billed, the last invoice shall state “FINAL”.
4. Contractor’s Release of Claims shall be submitted with the final invoice.
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment.
The Contractor Government Business Point of Contact (as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
NOTICE TO CONTRACTORS CPARS (DEC 2015)
1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.
2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web- based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.
3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.
4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.
5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.
a) Contractor Representatives may then provide comments in response to the 6.evaluation, or return the evaluation without comment.
b) Your comments should focus on objective facts in the AO's narrative and should a)provide your views on the causes and ramifications of the assessed performance.
c) All information provided should be reviewed for accuracy prior to submission.
d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting "Accept the Ratings and Close the Evaluation".
e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as "Pending" with or without comments and whether or not it has been closed.
f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."
6) The following guidelines apply concerning your use of the past performance evaluation:
a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.
b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.
7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.
8)
140F0S24Q0050
Contract Clauses
FAR 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
FAR 52.202-1 Definitions (JUN 2020)
FAR 52.203-3 Gratuities (APR 1984)
FAR 52.203-5 Covenant Against Contingent Fees (MAY 2014)
FAR 52.203-7 Anti-Kickback Procedures (JUN 2020)
FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020)
FAR 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023)
52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)
52.204-13 System for Award Management Maintenance (OCT 2018)
FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)
FAR 52.209-5 Certification Regarding Responsibility Matters (AUG 2020)
FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
(OCT 2018)
FAR 52.212-4 Contract Terms and Conditions - Commercial Items. (NOV 2023) FAR 52.222-25 Affirmative Action Compliance (APR 1984)
FAR 52.232-11 Extras (APR 1984)
FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)
FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)
FAR 52.242-13 Bankruptcy (JUL 1995)
FAR 52.247-34 F.o.b. Destination. (NOV 1991)
FAR 52.253-1 Computer Generated Forms (JAN 1991)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (MAY 2024)
(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 Covered Entities (Dec 2023) (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.]
X (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).
(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 (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
X (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) [Reserved].
(7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X (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, title
II).
X (11) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L.
115–390, title II).
(i) Alternate I (Dec 2023) of 52.204-30.
X (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. 6101 note).
(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
(14) [Reserved].
(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
(16) 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]
X (18) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
(i) Alternate I (Mar 2020) of 52.219-6.
(19) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
(i) Alternate I (Mar 2020) of 52.219-7.
X (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).
(21) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).
(i) Alternate I (Nov 2016) of 52.219-9.
(ii) Alternate II (Nov 2016) of 52.219-9.
(ii) Alternate III (Jun 2020) of 52.219-9.
(iv) Alternate IV (Sep 2023) of 52.219-9.
(22) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
(i) Alternate I (Mar 2020) of 52.219-13.
X (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).
(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 Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).
X (26) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C. 632(a)(2)).
(i) 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)).
X (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).
X (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
X (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).
X (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (34) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
(i) Alternate I (Feb 1999) of 52.222-26.
_ X (35) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(i) Alternate I (Jul 2014) of 52.222-35.
X (36)
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).
X (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
X (39) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).
(i) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 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) 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) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
(47)
52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
(i) Alternate I (Jan 2017) of 52.224-3.
X (48) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
(ii) Alternate I (Oct 2022) of 52.225-1.
(49) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (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.
(i) Alternate I [Reserved].
(ii) Alternate II (Dec 2022) of 52.225-3.
(iii) Alternate III (Feb 2024) of 52.225-3.
(iv) Alternate IV (Oct 2022) of 52.225-3.
(50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (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).
_X_(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).
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).
(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)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).
(i) Alternate I (Apr 2003) of 52.247-64.
(ii) 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
140F0S24Q0050 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) 52.203-17, 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).
(v) 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 (Feb 2024) (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
140F0S24Q0050
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). Flow down required in accordance with paragraph (c) of
52.232-40.
(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.
140F0S24Q0050
Solicitation Provisions
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): http://www.acquisition.gov
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEPT 2007)
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017)
52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)
52.204-17 Ownership or Control of Offeror (AUG 2020)
52.204-20 Predecessor of Offeror (AUG 2020)
52.204-22 Alternative Line Item Proposal (JAN 2017)
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)
52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020)
52.204- 29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (DEC 2023)
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (NOV 2015)
52.209-7 Information Regarding Responsibility Matters (OCT 2018)
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016)
52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services. (MAY 2024)
52.222-22 Previous Contracts and Compliance Reports (FEB 1999)
52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation
(DEC 2016)
52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (JUN 2020)
140F0S24Q0050
52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (JUN 2020)
52.204-7 System for Award Management (OCT 2018)
52.214-34 Submission of Offers in the English Language (APR 1991)
52.214-35 Submission of Offers in U.S. Currency (APR 1991)
FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (SEP 2023)
This section of the Instructions to offerors provides general guidance for preparing quotes as well as specific instruction on the format and content of the quote. The Contractor’s quote must include all data and information requested by the RFQ and must be submitted in accordance with these instructions. The quote shall be compliant with the requirements as stated in this solicitation. Non-conformance with the instructions provided in this solicitation may result in removal of the quote from further evaluation.
Offers are due no later than Tuesday, September 5, 2024, at 05:00 PM EST. Submit offers by e-mail only Curtis_smith@fws.gov. Offers will only be accepted by e-mail.
Submittals received after deadline date and time will be determined unacceptable and remain unopened.
In an effort to maintain a better log of inquiries/questions and to provide more detailed and quicker response, all questions shall be in writing via e-mail (no phone inquiries). Inquiries may be e-mailed Curtis_smith@fws.gov. Inquiries received after September 3, 2024, may not receive a response.
Addenda to 52.212-1
144804.01 System for Award Management (formerly Central Contractor Registration)
A contractor/vendor must be registered in the System for Award Management referred to as SAM https://www.sam.gov/index.html) in order to receive contracts, purchase orders, and payments from most federal agencies, including the U.S. Fish and Wildlife Service. By having all agencies use the same listing system, vendors will no longer need to submit separate Standard Form 129, Solicitation Mailing List Applications, to each agency.
SAM is a self-service database. Vendors register themselves and maintain their own information through the SAM web site. In order to register or learn more about SAM, go to:
https://www.sam.gov/index.html. You will need to know your Unique Entity Identifier (UEI) number.
The Offeror shall identify and explain/justify any deviations, exceptions, or conditional assumptions taken to any of the instructions or requirements of this solicitation in the appropriate part of the offer.
1. Provide a cover letter outlining general information regarding your company's history, organizational structure, size, primary expertise, e-mail address, website address, and any other pertinent information.
(Maximum two pages, one-sided)
2. Completed Standard Form 18
3. Provide (UEI) number.
140F0S24Q0050
4. Quote/Proposal Sheet (as applicable)
5. Print-out of System for Award Management (https://www.sam.gov/index.html) registration.
6. Applicable attachments such as Past Experience & References and Questionnaire of Bidder’s Responsibility.
7. If applicable, provide a list of related equipment/supplies in the Offeror’s inventory related to the work requirement sufficient for successful contract performance.
8. If sub-contractor(s) will be used, the (prime) Contractor must provide the company name of the sub-contractor and contact information for sub-contractor (i.e. name, e-mail, and phone number) when submitting quote/offer.
9. Include a statement stating the following: “We, the undersigned, have carefully examined the RFQ and all addenda and herewith-forming part of this quotation/offer submission, have carefully examined the specification, and fully understand the full-scope of the technical specifications required and is so represented by our submitted offer/quote.”
The following are evaluation factors: 1) Technical acceptability: Vendor will provide a Technical Capability Statement and delivery plan. Past Performance is part of Technical Acceptability, 2) Price: The Offeror shall remit a completed price schedule (Section B). The Respondent shall enter unit prices and extended totals for each item listed in the Statement of work. The price shall include all necessary supervision, management, labor, transportation, equipment, materials, and other direct incidental costs, overhead and profit, unless the cost is identified as a separately priced contract line item.
52.212-2 Evaluation—Commercial Products and Commercial Services (NOV 2021)
The Government intends to award a contract resulting from this solicitation to the responsible offer conforming to the requirements contained within that provides the Lowest Price Technically Acceptable (LPTA) offer.
At the discretion of the Contracting Officer, the Government intends to evaluate quotes and award a contract without discussions with offerors but reserve the right to conduct discussions if deemed necessary.
1. Initial review of quote will check for completeness of solicitation requirements as identified in Statement of Work and submission requirements outlined in the Instructions to Offerors;
2. Quote that passes the requirement for submission will be evaluated using LPTA. Each area of the Contractor’s quote will be reviewed for technical acceptability and lowest price. Contractor with the LPTA will be awarded the contract.
Evaluation Factors:
Note: Quotes will be evaluated pursuant to FAR Part 12 and 13.106-2 on a LPTA basis. Upon receipt of all offers at the closing of the solicitation, the lowest priced offer will be evaluated first to assess technical acceptability. If that lowest priced offer is technically acceptable, the other offers will not be evaluated. If the lowest priced offer is not technically acceptable, then the next lowest priced offer will be evaluated following the same aforementioned review cycle and thereafter for successive offers.
1) Technical Acceptability(To include Past Performance):
a. Meets technical requirements outlined in Statement of Work
b. Past Performance in CPARS/FAPIIS for acceptability – there can be no instances of poor/unacceptable Past Performance
2) Price will be evaluated for fair and reasonableness but not rated.
FAR 52.216-1 Type of Contract (APR 1984)
The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.
FAR 52.233-2 Service of Protest (SEPT 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (email address as follows) by obtaining written and dated acknowledgment of receipt from USFWS Contracting, email sarah_delawder@fws.gov
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
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