Sol_140L2623Q0010.pdf

COMBINED SYNOPSIS/SOLICIATION ‘COMBO’:

2023 TF DISTRICT HERBICIDE PURCHASE

(i) This is a combined Synopsis/Solicitation for commercial products or commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) Solicitation 140L26-23-Q-0010 is issued as a Request for Quotation (RFQ).

(iii) This document incorporates provisions and clauses which are in effect through Federal Acquisition Circular 2023-01.

(iv) This solicitation is set-aside for small business under North American Industry Classification System (NAICS) code 325320. The size standard is 1,000 employees.

(v) The Pricing Schedule is incorporated as Appendix 1. Vendors shall complete Appendix 1 in its entirety and return with any other documentation/data as required by this combined synopsis/solicitation.

(vi) The government intends to award a Firm-Fixed Price (FFP) contract for the following:

The Bureau of Land Management, Twin Falls District, is purchasing 680 gallons glyphosate herbicide for the control of annual grasses. See attached salient characteristics and BLM approved herbicide list for detailed information.

(vii) Delivery Date and location: Desired delivery Date: April 3, 2023; Required Delivery Date: April 14, 2023 FOB Point: Destination - All delivery costs must be included in the unit price for each item.

Location of Delivery to the Government:

Shoshone Field Office Warehouse 400 West F Street Shoshone, ID 83352

(viii) FAR 52.212-1 Instructions to Offerors -- Commercial Products and Commercial Services (NOV 2021) is hereby incorporated by reference, with the same force and effect as if it were given in full text. In addition to the following addendum, all terms and conditions of FAR 52.212-1 remain in effect. The following have been tailored to this procurement and are hereby added via addendum:

Addendum to FAR 52.212-1 Instructions to Offerors -- Commercial Products and Commercial Services (NOV 2021):

Usage Tax: Quotes must include all Federal, State usage, and local taxes.

Additionally, the following provisions apply to this acquisition: 52.204-7 System for Award Management, 52.204-16 Commercial and Government Entity Code Reporting, 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

Specific Instructions: The response shall consist of:

Bid Schedule (Form included in solicitation as Appendix 1)

Licenses - Vendors must attach all appropriate licenses required to sell the products requested with offer.

Product Data - Pertinent information about the selected product including material safety data sheet.

Delivery Schedule - The Government desires delivery to be made by April 3, 2023.

If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule. However, the offeror’s proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government’s required delivery of April 14, 2023.

(End of Provision)

(ix) FAR 52.212-2 Evaluation -- Commercial Products and Commercial Services (NOV 2021) is not applicable to this solicitation. A similar provision containing evaluation factors has been tailored to this procurement and is hereby added via addendum:

(a) This solicitation and evaluation of quotes is conducted using FAR 13 Simplified Acquisition Procedures. In accordance with FAR 13.106-2(b)(3), the government will conduct a comparative evaluation of quotations based on price and other non-price factors.

(b) Quotes will be evaluated using comparative evaluations (FAR 13). Award will be made to the lowest priced offeror that meets the required characteristics, as described in this notice. If no offer meets the required characteristics, either award will be made to the offeror with the lowest price that comes CLOSEST to meeting the required characteristics, or no award will be made.

(c) The Government will reject a quote as nonresponsive if the quote fails to include a completed bid schedule, applicable licenses, product data, and delivery schedule that conforms to all the requirements of the solicitation and applicable attachments. Failure to attach all required documents will render a quote nonresponsive and will not be considered for award.

(d) In accordance with FAR 9.103, all contracts shall be awarded only to responsible contractors.

The Contracting Officer will make an affirmative determination of contractor responsibility in accordance with the standards set forth in FAR 9.104. A prospective contractor that is or recently has been seriously deficient, or that has received either a Termination for Cause or Termination for Default within the last 12 months from the issuance date of the current solicitation, will be presumed to be nonresponsible. Quotes that are submitted by contractors that are deemed nonresponsible will be rejected.

(End of Provision)

(x) FAR 52.212-3 Offeror Representation and Certifications – Commercial Products and Commercial Services (DEC 2022) including its Alternate I, Vendors Representations and Certifications--Commercial Items (Dec 2019), Each vendor shall ensure the provision is updated at www.sam.gov. Failure to obtain SAM registration will result in submissions not being considered for award. A completed copy of the provision shall be included with offer submission.

(xi) The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Oct 2018), is hereby incorporated by reference, with the same force and effect as if it were given in full text.

(xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement

Statutes Or Executive Orders – Commercial Products and Commercial Services (DEC 2022), is hereby incorporated by reference, with the same force and effect as if it were given in full text.

Additionally, the following clauses cited in the clause apply to this acquisition:

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020), 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021), 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020), 52.219-28, Post Award Small Business Program Rerepresentation (OCT 2022), 52.219-33, Nonmanufacturer Rule (SEP 2021), 52.222-3 Convict Labor (JUNE 2003), 52.222-19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022), 52.222-21, Prohibition of Segregated Facilities (APR 2015), 52.222-26, Equal Opportunity (SEPT 2016), 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020), 52.222-50, Combating Trafficking in Persons (Nov 2021), 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020), 52.225-1, Buy American—Supplies (Oct 2022), 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021), 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018).

(xiii) Additional Contract Requirements:

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/browse/index/far#

52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.223-3 Alt 1 Hazardous Material Identification and Material Safety Data (FEB 2021) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

Clauses incorporated by full text:

DIAR 1452.201-70 Authorities and Delegations (Sep 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.

The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence.

Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of clause )

DOI-AAAP-0028 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)

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) Copy of Company Generated 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 St. Louis (FRBSTL) 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 IPPCustomerSupport@fiscal.treasury.gov 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.

(End of Local Clause)

Local Internet Payment Platform (IPP) Hotline

To check payment status, contact the Payment Hotline at 877-480-9724 or 303-236-2850. You will need to leave a message with the following information:

1. Company Name

2. Contract Number

3. Invoice Number

4. Invoice Amount

5. A brief description of why you are calling

6. Your contact information

If you do not receive a callback from the Payment Hotline within 72 hours, please contact the Contract Officer with the day and time you contacted the Payment Hotline.

(End of Local Clause)

SPECIAL CONTRACT REQUIREMENTS

DELIVERY HOURS

The performance period established for this contract is based upon all work being conducted during regular working hours between 7:45 am – 4:00 pm, Monday through Friday, excluding government holidays. Please provide forty-eight (48) hour notice prior to delivery.

In addition to any holidays declared by Executive Orders, the following Federal Legal Holidays are observed:

New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day

COMMUNICATIONS

“Time” for communications received after 3:00 pm, after 12:00 pm locally on Fridays, or after 12:00 pm locally prior to a holiday will not start until the next business day. All times are local Mountain time.

STATE AND LOCAL TAXES EXEMPTION

In accordance with FAR 29.303 and FAR 31.204-41, the Contractor or any sub-Contractor under this contract shall not be reimbursed for payment of any state and local taxes for which an exemption is available. The Contractor is responsible for determining the availability of state and local tax exemption and obtaining such exemptions, if available. The Contractor shall include this clause, suitably modified to identify the parties, in all subcontracts at any tier. The Contractor shall notify the Contracting Officer if problems arise in obtaining a state and local tax exemption.

The Contractor may seek a waiver by the responsible Contracting Officer from this requirement if the administrative burden of seeking an exemption appears to outweigh the potential savings to the Government.

(xiv) No Defense Priorities and Allocations System (DPAS) assigned rating applies to this acquisition.

(xv) NOTICE TO ALL INTERESTED PARTIES:

Questions shall be submitted no later than March 8, 2023 by 5PM Eastern time.

An amendment will be issued answering all questions received, providing the Government’s answers.

Quotes shall be SUBMITTED by EMAIL to the identified Contracting Officer and Contract Specialist and RECEIVED no later than March 17, 2023 by 5pm Eastern time. The SUBJECT LINE of the email SHALL read 2023 TF DISTRICT HERBICIDE PURCHASE (140L26-23-Q-0010). Electronic offers will be the only accepted method for submission of offers for this solicitation. Traditional paper quotes will not be accepted.

(xvi) Contract Specialist: Heather McBride; hmcbride@blm.gov Contracting Officer: Charles Dodson, cdodson@blm.gov