Solicitation Final.pdf
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- Fire Equipment Transport to Alaska Federal contract opportunity
- Solicitation number
- 1202SC22Q2700
- Issued by
- Department of Agriculture Forest Service
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Solicitation Number: 1202SC22Q2700
OFFEROR’S COPY
(Ref. 48 CFR 1) Issuing Office:
U.S. Forest Service, Contracting National Interagency Fire Center 3833 S Development Ave, MS 1100 Boise, ID 83705-5354
This solicitation can be downloaded from the following internet site: https://beta.sam.gov/ Quotes Are Solicited For:
Fire Equipment Hauling
Solicitation No.:
1202SC22Q2700
Issue Date: Close Date:
02/01/2022 02/07/2022
IMPORTANT – NOTICE TO OFFEROR
This solicitation will result in a single award contract to move fire equipment from Ontario, CA to Ft. Wainwright, AK.
Quotes are due on February 7, 2022 @ 2:00 PM Mountain Daylight Time (MDT).
REFERENCE SECTION – FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS FOR FUTHER
INFORMATION:
The offeror shall submit the following items in response to this solicitation:
1. SF-1449, block 17a and blocks 30a-30c: Complete, date, and sign.
2. Fill in the appropriate information (pricing) requested under Section (v) – Schedule of Items.
3. Provide a quote in the format and number of copies as required by the solicitation.
4. Provide DUNS Number to verify that you have a current SAM Registration at www.SAM.gov and that your registration is current and includes the NAICS code for the services offered.
THE SOLICITATION PACKAGE SHALL BE SUBMITTED BY EMAIL IN THE FOLLOWING FORMAT:
To: Fire Equipment Hauling by email to: justin.holloway@usda.gov
Email Subject Line: Solicitation 1202SC22Q2700-Company Name-Fire Equipment Haul-Submittal Date
No facsimile (FAX) or hard copy mailed offers will be accepted.
Offerors may contact Justin Holloway for information about this solicitation at justin.holloway@usda.gov or 385- 368-5267.
“The policy of the United States Department of Agriculture Forest Service prohibits discrimination on the basis of race, color, national origin, age, religion, sex, disability, family status, and/or political affiliation.” Persons believing, they have been discriminated against in any Forest Service-related activity should write to: Chief, Forest Service, USDA, P. O. Box 96090, Washington, DC 20090-6090.
Previous editions of this form are obsolete. FS-6300-44 (11/79) https://beta.sam.gov/ http://www.sam.gov/
SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
02SC
BOISE ID 83705-5354
3833 S DEVELOPMENT AVE
USDA-FS INCIDENT PROCUREMENT LOGIS
CODE 16. ADMINISTERED BYCODE
X
X
X
484121
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR02SC
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
02/07/2022 1800 ET
02/01/2022
385-368-5267JUSTIN HOLLOWAY
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
1202SC22Q2700
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 2 1055628OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
15. DELIVER TO
Alaska Interagency Support Cache, Bldg 1544 Gaffney Rd.
Receiving/Warehouse, Ft. Wainwright, AK 99703.
BOISE ID 83705-5354
3833 S DEVELOPMENT AVE
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$30.00
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
USDA-FS INCIDENT PROCUREMENT LOGIS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Delivery: 03/10/2022 Period of Performance: 02/10/2022 to 04/01/2022
0001 (5) 53' trailers to transport fire fighting equipment from California to Alaska.
Product/Service Code: V112 Product/Service Description:
TRANSPORTATION/TRAVEL/RELOCATION- TRANSPORTATION:
MOTOR FREIGHT
Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
JUSTIN E. HOLLOWAY
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice
Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury.
All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S.
Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.
THE U.S DEPARTMENT OF AGRICULTURE IS A TAX EXEMPT
AGENCY. (EXEMPT FROM STATE AND FEDERAL SALES TAX)
TAX ID NUMBER: 41-0696271. TAX EXEMPT # 4700
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
2 2 of
(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
(ii) This solicitation is issued as a Request for Quote.
(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-04.
(iv) This procurement is set aside for small business. The NAICS code is 484121 and the Small Business Size Standard is $30.0 Million.
(v) Schedule of Items:
0001: Five (5)- 53’ Enclosed DOT approved tractor trailers to move Fire Equipment from Ontario, CA to Ft. Wainwright, AK.
CLIN ITEM DESCRIPTION
UNIT OF
MEASURE
Total Price
Five (5)- 53’ Enclosed DOT approved tractor trailers to move Fire
Equipment from Ontario, CA to Ft.
Wainwright, AK. LS $
(vi) Description of Service
The contractor shall provide five (5)- 53’ enclosed DOT approved tractor trailers and move firefighting equipment from Ontario, CA to Ft. Wainwright, Alaska. These trailers will arrive at Ontario, CA South Zone Fire Cache (Docks are provided) and will be loaded by U.S. Forest Service employees. Once loaded, the contractor shall deliver the equipment to Ft. Wainwright, AK to the Alaska Interagency Support Cache. This equipment shall be moved to the destination in the most efficient manner possible (Semi Tractor, Barge, Containership, Etc.). The trailers are to be delivered to their destination no later than March 10th, 2022. The trailers will be accepted at their destination if delivered before March 10, 2022. The Contractor shall furnish all managerial, administrative, and direct labor personnel to assure the safe and efficient transport of trailers and equipment as well as receiving, handling and safely delivering.
Five (5) Transport Trailers from Ontario, CA to FT. Wainwright, AK
Origin: South Zone Fire Cache, 1310 S Cucamonga Ave Ontario, CA 91761
Origin POC: Tena’ya Stanton, 909-957-0296, 0800-1600 Pacific Time.
Loading Info: Loading Dock available at South Zone Fire Cache facility and personnel is available to load.
Date Available: Earliest date for pick-up: February 10, 2022.
Date Due: Latest date to deliver: March 10, 2022
Destination: Alaska Interagency Support Cache, Bldg 1544 Gaffney Rd.
Receiving/Warehouse, Ft. Wainwright, AK 99703.
Destination POC: John Powe, 907-356-5735, 0800-1600 Alaska Time.
Unloading Info: Loading Dock available and equipment is available to unload.
Equipment Info: Miscellaneous Firefighting Equipment (No Hazmat)
Minimum requirements:
(5) - 53’ enclosed trailers to transport Fire Fighting Equipment o Trailer #1
Estimated Weight: 34,580lbs
Estimated 26 pallet spaces o Trailer #2
Estimated Weight: 27,129lbs
Estimated 24 pallet spaces o Trailer #3
Estimated Weight: 22,541lbs
Estimated 24 Pallet Spaces o Trailer #4
Estimated Weight: 35,000lbs
Estimated 24 Pallet Spaces o Trailer #5
Estimated Weight: 10,232lbs
Estimated 13 Pallet Spaces
Additional Information:
o International Travel may be needed (Canada) o Closed Van Tailer with ability to carry up to 40,000 lbs o Closed Van Trailer ONLY o Ability to secure trailer; Government will provide lock o Trailer must be able to be loaded/unloaded via warehouse dock o Ability to drive in and out of trailer (Forklift to move pallets)
(vii) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2021)
Addenda to 52.212-4:
Replace paragraph (r) of clause 52.212-4 with the following as specified in
DEVIATION 2017-1 (AUG 2017):
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C 4712 and 10 U.S.C 2409 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.
(viii) 52.212-5 Contract Terms and Conditions – Commercial Products and Commercial Services (JAN 2022) (DEVIATION 2017-1, DEVIATION APR 2020 AND DEVIATION
JUL 2020)
(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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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:
☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020) (Deviation 2017-1), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C.
2402).
☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (Deviation 2017-1), (41 U.S.C. 3509).
☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Deviation 2017-1), (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), (41 U.S.C. 4712) relating to whistleblower protections).
☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 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-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. 6101 note).
☐ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
☐ (10) [Reserved]
☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (Deviation JUN 2020) (15 U.S.C. 657a).
☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (Deviation JUN 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
☐ (13) [Reserved]
☒ (14) (i) 52.219-6, Notice of Total Small Business Aside (NOV 2020) (15 U.S.C.
644).
☐ (ii) Alternate I (Mar 2020) of 52.219-4.
☐ (15) (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.
☐ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.
637(d)(2) and (3)).
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause—
[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.
☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (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 (Mar 2020) of 52.219-9.
☐ (v) Alternate IV (Sep 2021) of 52.219-9.
☐ (18) 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.
☐ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (Deviation JUN 2020) (15 U.S.C. 637(a)(14)).
☐ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Sep 2021) (Deviation JUN 2020) (15 U.S.C. 657f).
☒ (22) 52.219-28, Post Award Small Business Program Rerepresentation (SEPT 2021) (15 U.S.C. 632(a)(2)).
☐ (ii) Alternate I (Mar 2020) of 52.219-28.
☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (Deviation JUN 2020) (15 U.S.C. 637(m)).
☐ (24) 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 (Sep 2021) (Deviation JUN 2020)(15 U.S.C. 637(m)).
☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
☐ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (Deviation JUN 2020) (15U.S.C. 637(a)(17)).
☒ (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm
☐ (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2022)(Deviation 2020) (E.O. 13126).
☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
☒ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
☐ (ii) Alternate I (Feb 1999) of 52.222-26.
☐ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
☐ (ii) Alternate I (July 2014) of 52.222-35.
☒ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
☐ (ii) Alternate I (July 2014) of 52.222-36.
☐ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
☐ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
☒ (35) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C.
chapter 78 and E.O. 13627).
☐ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O.
13627).
☐ (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (E. O.
12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
☐ (37) (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.)
☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).
☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
☐ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514
☐ (ii) Alternate I (Oct 2015) of 52.223-13.
☐ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
☐ (ii) Alternate I (Jun 2014) of 52.223-14.
☐ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
☐ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
☐ (ii) Alternate I (Jun 2014) of 52.223-16.
☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Jun 2020) (E.O. 13513).
☐ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
☐ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).
☐ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
☐ (ii) Alternate I (Jan 2017) of 52.224-3.
☐ (48) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83).
☐ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (DEVIATION JUL 2020) (41 U.S.C. chapter 83, 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), Pub. L. 103-182, 108-77, 108-78, 108-286, 108- 302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
☐ (ii) Alternate I – Reserved (DEVIATION) (JAN 2021) of 52.225-3 - .
☐ (iii) Alternate II (JAN 2021) (DEVIATION JUL 2020) of 52.225-3.
☐ (iv) Alternate III (JAN 2021) (DEVIATION JUL 2020) of 52.225-3.
☐ (50) 52.225-5, Trade Agreements (OCT 2019) (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. 2302 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) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
☐ (56) 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. 2307(f)).
☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
☒ (58) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).
☐ (59) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
☐ (60) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION APR 2020) (31 U.S.C. 3903 and 10 U.S.C. 2307).
☐ (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 Under Executive Order 13658 (JAN 2022) (E.O. 13658).
☐ (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 Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form.
This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and
(d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products and commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.
L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.
4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(ix) Additional Requirements/Terms and Conditions:
Clauses:
52.204-13 System for Award Management Maintenance (OCT 2018)
52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)
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):
Federal Acquisition Regulation (FAR) Clauses:
https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:
https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:
https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar
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 Modification for Contract Closeout (OCT 2021) Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:
(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.
(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.
452.222-70 Labor Law Violations (OCT 2021) In accepting this contract award, the contractor certifies that it is in compliance with all applicable labor laws and that, to the best of its knowledge, its subcontractors of any tier, and suppliers, are also in compliance with all applicable labor laws. The Department of Agriculture will vigorously pursue corrective action against the contractor and/or any tier subcontractor (or supplier) in the event of a violation of labor law(s) made in the provision of supplies and/or services under this or any other government contract. The contractor is responsible for promptly reporting to the contracting officer if and when adjudicated evidence of noncompliance occurs. The Department of Agriculture considers certification under this clause to be a certification for purposes of the False Claims Act.
The Department will cooperate as appropriate regarding labor laws applicable to the contract which are enforced by other agencies.
Applicable Labor Laws include:
(a) the Fair Labor Standards Act; (b) the Occupational Safety and Health Act; (c) the Migrant and Seasonal Agricultural Workers Protection Act; (d) the National Labor Relations Act; (e) the Davis-Bacon Act; (f) the Service Contract Act; (g) Executive Order 11246 (Equal Employment Opportunity); (h) Section 503 of the Rehabilitation Act of 1973; (i) the Vietnam Era Veterans’ Readjustment Assistance Act; (j) the Family and
Medical Leave Act; (k) Title VII of the Civil Rights Act of 1964; (l) the Americans with Disabilities Act of 1990; (m)the Age Discrimination in Employment Act of 1967; (n) Executive Order 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors); (o) equivalent state laws, as defined by the Secretary of Labor in guidance.
(p) Executive Order 13627 (Strengthening Protections Against Trafficking in Persons in Federal Contracts)
The contractor and any subcontractors shall incorporate into lower tier subcontracts a requirement that the information described above be provided to the contractor.
Provisions:
(x) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (NOV 2021) (Provision) Addenda to provision 52.212-1:
Addenda to paragraph (b) Submission of Offers:
1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/
2) Offers submitted in response to this solicitation shall include a price quote, contractor representations and certifications, and past performance.
a) Price Quote – Include the following: 1) completed price schedule from section v of this solicitation, 2) Signed 1449 with boxes 17a, 30a-c,3) Acknowledge any amendments issued on beta.sam.gov for this solicitation by completing and signing the posted SF-30.
b) Representations and Certifications – Complete all representations and certifications within SAM to be eligible for award.
c) Submit relevant past performance. If no formal past performance can be provided (CPARS, FAPIS, Etc.), provide a recent Point of Contact who can provide relevant performance history on deliverables within the previous two years. A minimum of 2 past performances relating to hauling of equipment over the road (internationally preferred) showing the ability securely transport products from origin to destination with 100% success rate.
3) Submit offers by email to Justin Holloway at justin.holloway@usda.gov so that they are delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (price quotation, relevant past performance and representations and certifications) in Microsoft Word or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email.
4) Direct questions about this solicitation to justin.holloway@usda.gov.
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(xi) 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) (Provision)
(a) The Government intends to evaluate quotes as a result of this solicitation. The Government will evaluate quotes and select the Contractor(s) considering (1) Quote Acceptability and (2) Price.
An evaluation will be conducted for each Offeror’s quote using the following criteria:
(1) Quote Acceptability. This factor will be assessed as go or no go for the following subfactors:
(i) Assent to terms of the solicitation. Your quote must assent to all terms of this request for Quotes, and you must provide all information requested.
Your quote will receive a no go rating if you take exception to any term of this solicitation.
(ii) Organizational Experience. Experience is a matter of the number of opportunities an Offeror has had to do similar work and to encounter the kinds of problems that the Contractor is likely to encounter in the performance of this agreement. The Government will evaluate your organization’s experience on the extent to which you have performed services with similar size and scope as the ones described in this solicitation. Only your firm’s experience as an organization will be considered. Quotes not demonstrating Experience with similar size and scope described in this solicitation will receive a no go rating for this subfactor.
(iii) Past Performance. Past performance is a measure of the degree to which you, as a business and organization, have satisfied your customers in performing services like those contemplated in this solicitation. The Government will evaluate your past performance and provide a go or no go rating based on the following:
Go rating-
• Past performance that met contractual requirements or contained some minor problems for which corrective actions taken by the contractor appear or were satisfactory.
• Quoters without a record of relevant past performance or for whom information on past performance is not available will receive a go (neutral) rating for this evaluation factor.
No Go rating-
• Past performance that did not meet contractual requirements or contained problems for which corrective actions taken by the contractor were not fully implemented or were unsatisfactory dependability risk.
(2) Price. Evaluated price; The Government will evaluate price by adding the total price for each of the five years in the schedule along with the shipping quote to arrive at an evaluated price.
(b) Award will be made to the vendor who is found to be acceptable based on the meeting the best value to the government and acceptable level of past performance.
(viii) 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (NOV 2021) (DEVIATION JUL 2020) (Provision)
If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items, with your offer. The full provision is available from http://www.acquisition.gov/far/.
If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:
(a)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
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Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(xii) 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):
Federal Acquisition Regulation (FAR) Clauses:
https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:
https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to provisions may be viewed at:
52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)
(xiii ) Inquires (AGAR 452.204-70) (FEB 1988)
Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract/agreement award.
(xiv) Size Standard and NAICS Code Information (AGAR 452.219-70) (SEP 2001)
The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:
Contract line item(s): ALL ITEMS --NAICS Code: 484121 --Size Standard: $30 Million https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar
52.252-6 Authorized Deviations in Clauses (NOV 2020)
File details come from the government source that posted it. Updated .