Statement of Work Peanut Verification Services June 2024 Solicitation 12639524Q0205.pdf

U.S. Department of Agriculture (USDA), Agricultural Marketing Service (AMS)

STATEMENT OF WORK (SOW)

SOLICITATION NUMBER: 12639524Q0205

SOLICITATION ISSUE DATE: June 14, 2024

PEANUT STANDARDS VERIFICATION SERVICES

UNITED STATES DEPARTMENT OF AGRICULTURE (USDA),

AGRICULTURAL MARKETING SERVICE (AMS), SPECIALTY

CROPS PROGRAM (SCP)

PERIOD OF PERFORMANCE: One Year Base Period, with Four One-Year Option Periods (5 Years Total)

Base Period: 09/01/2024 – 08/31/2025

Option Period I: 09/01/2025 – 08/31/2026

Option Period II: 09/01/2026 – 08/31/2027

Option Period III: 09/01/2027 – 08/31/2028

Option Period IV: 09/01/2028 – 08/31/2029

SOLICITATION INFORMATION, QUOTATION EVALUATION CRITERIA,

INSTRUCTIONS & KEY DATES

This solicitation is a Request for Quotations (RFQ) to establish a firm fixed-price, five (5) year contract for non-personal peanut verification services for the United States Department of Agriculture (USDA), Agricultural Marketing Service (AMS), Specialty Crops Program (SCP).

Services may be required nationwide, but primarily in Alabama, Florida, Georgia, New Mexico, North Carolina, Oklahoma, Texas, and Virginia.

This solicitation is issued as full and open (no set-aside used) under NAICS code 541690 (Other Scientific and Technical Consulting Services, with a Size Standard of $19.0 Million in annual sales. Other Than Small Businesses are encouraged to submit a quote, which must include a Subcontracting Plan (See technical evaluation factors).

All relevant documents (services requirements, locations, terms and conditions, etc.)

are included as an attachment to this notice. Interested vendors should thoroughly read and complete all requested documents to confirm their ability to provide the services as required.

Questions are due Thursday, July 11, 2024, at Noon Central Time. All questions/inquiries must be submitted via email to the Contract Specialist, Matthew Phillips, at Matthew.Phillips3@usda.gov. Inquiries submitted via telephone will be redirected to an e-mail submission. Questions will be answered by USDA and responses will be distributed to Vendors via amendment of the solicitation posting within SAM.gov prior to the due date for quotations. Late questions will be answered at the discretion of the Contract Specialist.

Vendors must submit their quotation package in its entirety to the Contract Specialist, Matthew Phillips, via e-mail at Matthew.Phillips3@usda.gov. Vendors who fail to complete and submit their quotation in accordance with the requirements of this solicitation may be considered non-responsive. Quotations received prior to the solicitation closing date and time, Monday, July 24, 2024, at 12:00 p.m. Central Time will be considered by USDA. Incomplete quotations will not be considered.

Award will be made to the responsible Vendor whose quotation is determined to provide the best value to the Government, per FAR 52.212-2. Trade-off analysis of price or technical factors will be used in the award determination. After evaluation of quotations is completed, the Government will make an award to the responsible Vendor whose quotation (technical and price) conforms to the solicitation and is most advantageous to the Government, price and technical factors identified within this solicitation considered.

file://COFCMRFS11/AAPMNMIMR_Info/Administrative%20Services/Procurement/Contracting/Matthew%20Phillips/FY%202024/Req%201131394%20Conveyance%20System%20PMs%20and%20Parts%20New%20Contract/Solicitation/Matthew.Phillips3@usda.gov mailto:Matthew.Phillips3@usda.gov

For this solicitation, all evaluation factors other than price, when combined, are significantly more important than price. As quotations become more equal in their technical merit, the evaluation of price becomes more important. The Government will not make an award to any Vendor whose quoted prices are not considered to be fair and reasonable.

A COMPLETE QUOTE MUST INCLUDE ALL OF THE FOLLOWING:

1. The company name, address, phone number, contact person, and SAM.gov Unique Entity Identifier (UEI) within Block 17a. on page 1 of the attached Standard Form 1449.

2. A Technical Quotation that addresses the Technical Quotation Evaluation Factors as provided below.

3. A Price Quotation using Attachment 1 – Vendor Quotation Form attached to this solicitation. The Vendor must only fill in the blue-shaded areas of the pricing template to be considered for award. The quoted firm fixed-price must be inclusive of all management, supervision, labor, materials, supplies, tools, equipment, travel, and subcontracts necessary to provide peanut verification services as described in this Statement of Work.

Note: The Government may use various price analysis techniques and procedures to evaluate price. Consistent with FAR 52.217-5, the total evaluated price will be calculated by adding the total price for Standard Services for the base and option periods combined in accordance with the pricing template submitted by the Vendor. Evaluation of options will not obligate the Government to exercise the option(s).

TECHNICAL QUOTATION EVALUATION FACTORS AND INSTRUCTIONS:

• Factor 1 – Technical Approach Narrative: The Vendor must provide a narrative to demonstrate an understanding of this requirement and detail how the Vendor will accomplish all of the peanut standards verification services required.

o Factor 1 (Technical Approach Narrative) Quotation Submission Instructions: The Technical Approach Narrative submitted with the Vendor’s quotation must address the objectives and demonstrate a clear understanding of the requirements of this Statement of Work. At a minimum, the Technical Approach Narrative must:

Demonstrate a firm understanding of the peanut industry.

Demonstrate a clear understanding of aflatoxin testing and

U.S. Grade Standards requirements under the Minimum Quality and Handling Standards for Domestic and Imported

Peanuts Marketed in the United States (“the Standards”), as established in 2002 and further modified in 2003, 2005, 2016, and 2018.

Demonstrate that the Vendor has knowledge of the work to be accomplished under the outgoing quality standards of “the Standards” and that the Vendor demonstrates the expertise to successfully perform the services and to provide the deliverables required.

• Factor 2 - Key Personnel: This Factor considers the Key Personnel proposed by the Vendor; consideration will be given to the demonstrated experience and qualifications of the proposed Key Personnel on relevant projects of similar nature to the services required in this solicitation. Proposed Key Personnel will be evaluated as to qualifications and experience in all areas necessary to effectively perform the required work. It is expected that the proposed Key Personnel will be the individuals who perform work under this contract.

Any changes to the proposed Key Personnel after award MUST be approved by the USDA Technical Point of Contact and will only be approved upon demonstration of as good or better qualifications when the new individual is compared to the qualifications and experience of the original proposed individual. Key Personnel, and the requisite minimum qualifications and experience for the services required.

o Factor 2 (Key Personnel) Quotation Submission Instructions: For this evaluation factor, the contractor must provide the names and qualifications of the Key Personnel identified within this Statement of Work and proposed for this requirement in the form of resumes. Resumes for each key team member must include educational qualifications, if applicable. The Vendor must clearly present the separate credentials of each proposed key team member and must provide a concise summary of each proposed key team member’s separate duties and responsibilities as proposed for this requirement for services. The contractor must describe up to three (3) project examples that are all relevant (similar size, scope, and complexity) to the services required by this solicitation demonstrating the experience of each person designated as key personnel. Resumes for all proposed key team members must, at a minimum, demonstrate that the proposed key team member meets the experience outlined and information required for each position as outlined within the Statement of Work.

● Factor 3 - Experience: The Vendor must submit a minimum of three (3) but no more than five (5) separate projects within the last 5 years (from June 2024) that details experience that is similar to the scope and magnitude of this requirement.

o Factor 3 (Experience) Quotation Submission Instructions: Vendors must complete Attachment 2 - Vendor Experience & Past Performance Sheet and submit a completed sheet for each project referenced.

● Factor 4 - Past Performance: Past Performance will be evaluated for the projects submitted for the experience factor.

o Factor 4 (Past Performance) Quotation Submission Instructions:

Vendors must include complete and current contact information for each customer for each project submitted within the Attachment 2 - Vendor Experience & Past Performance Sheet. The government reserves the right to contact references to verify any information provided.

● Factor 5 – Subcontracting Plan: Vendors that cannot be classified as a Small Business under the NAICS that has been identified as applicable to this solicitation must submit a subcontracting plan.

o Factor 5 (Subcontracting Plan) Quotation Submission Instructions:

Vendors must complete and include Attachment 3 – Small Business Subcontracting Plan. For the purposes of the subcontracting plan, vendors are advised to use the estimated total contract value of $800,000 while calculating the “Goal Total Dollars” and “Goals Percentage” values in the Small Business Subcontracting Plan attachment.

● Factor 6, Price: The resulting award will be a Firm Fixed Price contract. Price reasonableness will be utilized in the valuation of the Firm-Fixed Price effort. The Government may use various price analysis techniques and procedures to evaluate price. Consistent with FAR 52.217-5, the total evaluated price will be calculated by adding the total price for peanut verification services for the base and option periods combined in accordance with the pricing template submitted by the Vendor.

Evaluation of options will not obligate the Government to exercise the option(s).

NOTE: The awarded option price(s) may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. A price adjustment for supplies, materials, equipment and labor other than prevailing labor rate revisions will not be considered.

o Factor 6 (Price) Quotation Submission Instructions: The Vendor must use Attachment 1 – Vendor Quotation Form attached to this solicitation to submit the price quotation. The Vendor must only fill in the blue-shaded areas of the pricing template to be considered for award. The quoted firm fixed-price must be inclusive of all management, supervision, labor, materials, supplies, tools, equipment, travel, and subcontracts necessary to provide peanut verification services as described in this Statement of Work.

● Miscellaneous Documents: This is not an evaluation factor. However, failure to submit completed, required documents may result in the Vendor being considered non-responsive and eliminated from further consideration.

o Miscellaneous Documents Quotation Submission Instructions: In addition to submitting a Technical Approach Narrative (Factor 1), and completed Attachments 1 (Factor 6), 2 (Factors 3 & 4), and 3 (Factor 5, if applicable) as required for the evaluated factors, the Vendor must submit the following other documents:

▪ Standard Form (SF) 1449 (Vendor must complete Blocks 17a., 30a., 30b., and 30c. on page 1 of the SF 1449).

▪ Attachment 4 - Vendor Representations for Federal Acquisition Regulation Provisions.

▪ Standard Form (SF) 30 (Vendor must acknowledge amendments to the solicitation, if any are issued, by completing Blocks 8., 15A., 15B., and 15C. on page 1 of the SF 30).

Award will be made to the responsible Vendor whose quotation is determined to provide the best value to the Government, per FAR 52.212-2. Trade-off analysis of price or technical factors will be used in the award determination. After evaluation of quotations is completed, the Government will make an award to the responsible Vendor whose quotation (technical and price) conforms to the solicitation and is most advantageous to the Government, price and technical factors identified within this solicitation considered.

For this solicitation, all evaluation factors other than price, when combined, are significantly more important than price. As quotations become more equal in their technical merit, the evaluation of price becomes more important. The Government will not make an award to any Vendor whose quoted prices are not considered to be fair and reasonable.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

LIST OF ATTACHMENTS, EXHIBITS, AND DRAWINGS:

• Standard Form (SF) 1449

• Statement of Work (SOW)

• Standard Form (SF) 30 (if the solicitation is amended)

• Attachment 1 – Vendor Quotation Form

• Attachment 2 – Vendor Experience & Past Performance Sheet

• Attachment 3 – Small Business Subcontracting Plan

• Attachment 4 - Vendor Representations for Federal Acquisition Regulation Provisions

A.1 Standard Form 1449

THIS PAGE IS INTENTIONALLY LEFT BLANK

SECTION A: SOLICITATION

B.1 Description of Services The United States Department of Agriculture (USDA), Agricultural Marketing Service (AMS), Specialty Crops Program (SCP) has a need for contractor-provided peanut standards verification services.

Services may be required nationwide, but primarily in Alabama, Florida, Georgia, New Mexico, North Carolina, Oklahoma, Texas, and Virginia.

Under this contract, the Contractor shall provide all management, supervision, labor, and subcontracts necessary to provide the required services described in this solicitation.

B.2 Pricing of Services This is a Firm Fixed-Price contract and will not be changed unless there is a change in the scope of work. After exercising a renewal option, and upon the Contractor’s request within thirty (30) days of receiving a new wage determination, the contract price will be adjusted in accordance with FAR 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts).

B.3 Wage Adjustment After exercising a renewal option, and upon the Contractor’s request within thirty (30) days of receiving a new wage determination, the contract price will be adjusted in accordance with FAR 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts).

Wage adjustments will only be considered for disciplines as proposed, approved, and verified as currently working on the contract at the time of the wage adjustment. In accordance with FAR 52.222-43 the contractor must request the wage adjustment and shall provide all relevant supporting data, including payroll records to reflect the Contractor's actual increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily made by the Contractor as a result of: (1) The Department of Labor wage determination applicable on the anniversary date of the multiple year contract, or at the beginning of the renewal option period.

SECTION B: SERVICES, ORDERING AND PRICES

C.1 Background:

The Farm Security and Rural Investment Act of 2002 (Farm Bill) requires all peanuts marketed in the United States to be inspected and graded by Federal or Federal-State inspectors. Imported peanuts are subject to the same quality and handling standards as domestically produced peanuts. As provided under the Farm Bill, the Peanut Standards Board (Board), which is comprised of peanut industry members, consults with USDA on the establishment and revision of peanut standards. Peanuts in the United States are produced and marketed with the support of Department of Agriculture (USDA) agencies including the Agricultural Marketing Service (AMS) and the Farm Service Agency (FSA), as well as the Food and Drug Administration (FDA). Several State and private agencies assist locally throughout various parts of the marketing chain.

C.1.1 Quality and Standards:

The Minimum Quality and Handling Standards for Domestic and Imported Peanuts Marketed in the United States (Standards), as amended (7 CFR part 996), were established in 2002 and further modified in 2003, 2005, 2016, and 2018. The Standards regulate both the incoming quality of farmers’ stock peanuts and the outgoing quality of peanuts prepared for human consumption. The Standards are applicable to all peanuts produced in or imported into the United States. Grading and inspections are performed by Federal or Federal-State inspectors authorized by AMS, Specialty Crops Program (SCP), and Specialty Crops Inspection Division. Aflatoxin testing and certification is performed by USDA or USDA approved laboratories authorized by AMS, Science and Technology Program. Working closely with the AMS, SCP Market Development Division (MDD), which oversees the Standards, the contractor verifies compliance with the Standards through visits to handler facilities and review of inspection and certification documentation. The contractor prepares and forwards case referrals regarding violations to MDD for enforcement action.

C.1.2 Incoming and Outgoing Inspection Processes:

After harvesting and field drying, “farmers stock” peanuts (harvested peanuts that have not been shelled, cleaned, or crushed) are delivered to a buying point. Buying points are facilities owned by handlers to acquire, inspect, and store peanuts delivered from producers. Buying points are usually located within a few miles of where the peanuts are harvested. Upon arrival, peanuts are inspected, graded, and segregated to establish the field-run quality and value of the product.

Authorized Federal or Federal-State inspectors draw samples by inserting a pneumatic sampler (a long tube with a vacuum attached) into the peanuts in the wagon and withdrawing a representative quantity of peanuts according to a specified methodology. From this sample, the inspector determines the milled content, size of pods, percentage of damaged kernels, amount of foreign material, and kernel moisture content. These values are used to determine the grade and segregation of the incoming peanuts.

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The Standards define three classifications of incoming peanuts: Segregation I, Segregation II, and Segregation III. The classifications refer to the amount of damage and defects found on the kernels. Peanuts move on to the shelling process, where they are stored at handlers’ large, bulk warehouses. Upon removal from the warehouse, the peanuts are cleaned of stones, soil, bits of vines, and other foreign material. The cleaned peanuts then move by conveyor belt through a pre-sizer and onto shelling machines, in which the peanuts are forced through perforated grates, which separate the kernels from the shells.

Numerous shakers separate the kernels from the pods. The kernels are then passed over various screens where they are sorted by size into market grades. The kernels also pass over moisture meters to determine the average moisture content of the peanut kernels. The kernels are further inspected with electronic eyes, which eliminate the discolored or defective kernels, as well as any remaining foreign material.

Following the cleaning and shelling process, inspectors take samples of the “milled” product for use in the outgoing quality inspection. Imported lots are sampled and inspected at the port-of-entry or at some other location upon arrival in the U.S. All lots are tracked using positive lot identification (PLI) or other established traceability systems which follow the peanuts through the remaining inspection, testing, and marketing chain. The samples are analyzed for moisture, damage, defect, and foreign material. Additional samples are drawn and sent to USDA or USDA-approved laboratories for aflatoxin analysis. A total of up to three tests, as specified in § 996.40 of the Standards, may be required to determine whether the lot is “negative” for aflatoxin, meaning that the aflatoxin content is 15 parts per billion (ppb) or less §

996.15. If so, the lot is certified and may be shipped for human consumption. Lots failing for grade or aflatoxin may be remilled or blanched, prior to retesting. Otherwise, failing lots are so identified and may be diverted for exempted uses, or may be exported.

C.1.3 Accountability:

All peanut handlers, importers, remillers, and blanchers are required to maintain traceability on all products (passing and failing) that have been milled and blanched.

Traceability must be maintained throughout production runs with specific lot codes, and there shall be complete linkage from raw material receipt through final disposition.

Handlers and importers are required to maintain all relevant documentation on the disposition of inedible peanuts as part of their food safety traceability requirements.

The documentation maintained must be sufficient to document and substantiate the proper disposition of all peanuts failing grade or aflatoxin quality standards.

The contractor monitors and tracks inspection results and outgoing grade and aflatoxin testing results (approximately 90,000 annually) electronically or presents a plan for implementing practices to reduce the use of paper, as in accordance with the Paperwork Reduction Act of 1995. In addition, the contractor is responsible for monitoring and tracking the final disposition of imported lots and lots of exported U.S.

peanuts that are returned to the U.S.

C.1.4 Violations:

a. It is a violation of the Standards for handlers or importers to receive or acquire peanuts intended for subsequent human consumption unless those peanuts have been inspected and certified as meeting the incoming quality requirements specified under §

996.30 of the Standards.

b. It is a violation of the Standards for handlers or importers to ship for human consumption shelled or cleaned inshell peanuts that have not been positive lot identified by an authorized inspector as required under § 996.40(a) of the Standards.

c. It is a violation of the Standards for handlers or importers to ship for human consumption peanuts that have not been chemically analyzed by a USDA or USDA-approved laboratory and certified “negative” as to aflatoxin as specified under §§ 996.31

– 996.60 of the Standards.

d. It is a violation of the Standards for handlers or importers to ship for human consumption peanuts that have not been inspected and certified as meeting the outgoing minimum quality requirements as specified under §§ 996.31 – 996.60 of the Standards.

e. It is a violation of the Standards for handlers or importers to fail to submit or maintain records as specified under § 996.71 of the Standards.

C.2 Objective:

The contractor’s primary objective is to verify handler and importer compliance with the established Standards.

C.3 Scope:

AMS provides program oversight and requires the services of a private contractor (contractor) for verification of compliance with the Standards. The contractor will be responsible for performing the required duties as defined in the Standards and listed below under accountability, compliance, and violations.

C.3.1 Accountability:

The contractor must be able to obtain proof in the form of documentation from the peanut handler that supports the final disposition of failing and remilled lots as part of an audit or an investigation into an alleged violation. The contractor will maintain an electronic database capable of tracking all aflatoxin testing and grade results, from all handlers, detailing the meeting and failing outgoing quality requirements for all peanuts, or implement practices to reduce the use of paper, as in accordance with the Paperwork Reduction Act of 1995. The contractor will be responsible for generating and submitting quarterly reports from the database for all aflatoxin testing and grade results to MDD electronically.

C.3.2 Compliance:

The contractor’s compliance efforts focus on ensuring that failing and non-edible quality grades of peanuts do not enter the human consumption marketing chain.

Periodic audit verifications of shelling plants, blanchers, and crushers is a necessary component of the compliance program.

The frequency of visits to handler facilities depends upon the size of the operation, its activities, and recent history of compliance issues. Regular communications between the inspectors and the contractor is essential in monitoring the activities at different handler operations. This includes notifying AMS Technical Point of Contact and assisting with the compliance activities as described in the Standards under section

996.74 Compliance.

C.3.3 Violations:

The contractor is responsible for investigating all complaints of alleged violations.

The contractor must maintain an electronic internal record keeping system of complaints received and electronically document follow-up actions taken, and final disposition.

The contractor must report all violation cases to AMS Technical Point of Contact even if the handler or importer took corrective action. The contractor will send violation cases to AMS Technical Point of Contact as case referrals, in electronic format, for review and potential action immediately after substantiating the violations. Referrals should include sufficient information to describe all of the facts of the case and provide all of the necessary documentation to substantiate the violation on its merits. The contractor must ensure that adequate evidence or exhibits have been collected that support the allegations.

C.4 Contractor Duties, Responsibilities and Deliverables:

1. Compliance Oversight:

a. Conducts handler visits as needed to observe and confirm compliance with the Peanut Standards.

b. Ensures blanchers and remillers are in compliance with the Standards (includes providing AMS Technical Point of Contact with reports).

c. Observes cold storage areas and loading docks, if applicable.

d. Conducts handler audits.

e. Receives, investigates, documents, and electronically reports to AMS

Technical Point of Contact complaints of violations.

f. Prepares correspondence relating to compliance and/or enforcement activities, such as reports of compliance activity for organizations, recommendations for corrective actions, or other correspondence as per AMS guidance.

g. Tracks and monitors compliance of all outgoing peanut inspection certificates.

h. Tracks and maintains electronic records of all aflatoxin lab certificates.

i. Monitors compliance of lots re-designated as non-edible (including incoming inspection certificates).

j. Monitors compliance of AMS policies and discusses compliance issues with handlers and AMS MDD personnel.

2. Reporting and Record Keeping Responsibilities:

a. Assembles, compiles, and analyzes all information necessary in connection with the performance of the official duties of the contractor.

b. Keeps any Personally Identifiable Information (PII) confidential.

c. Maintains all books and records in accordance with AMS policies and procedures.

d. Prepares and completes monthly financial statements regarding expenditures and billing under the contract and submits an annual budget to AMS Technical Point of Contact.

e. Employs periodic updates in technology to ensure timely and efficient reporting of requested information, and for the tracking of compliance efforts.

f. Documents are handled electronically or practices to reduce the use of paper are implemented, as in accordance with the Paperwork Reduction Act of 1995.

g. Prepares and submits electronic reports regarding compliance activities, including, but not limited to, the number of handler visits, failed certificates reviewed, and corrective actions taken on a monthly basis (including quarterly reports for the FDA).

3. Program Consultation and Updates:

a. Consults with AMS Technical Point of Contact regarding the potential impacts of adjustments to the Standards in terms of compliance.

b. Visits with MDD to review and evaluate the work specified in the contract, including, but not limited to, two in person visits with MDD’s Winter Haven, Florida office, and one in person visit with MDD’s Washington, D.C-based staff each year.

c. Updates MDD on changes and improvements to document retention, communication, and database technologies.

d. Provides background information regarding the status of the industry and the contract as requested.

e. Notifies and seeks the AMS Technical Point of Contact approval regarding any request for information from outside sources.

4. Enforcement Activities:

a. Prepares and submits case referral reports in a timely manner for enforcement purposes by AMS.

b. Provides AMS with additional information on compliance cases, upon request.

C.5 Contract Overview and Period of Performance

USDA anticipates awarding one (1) Firm-Fixed Price contract from this solicitation. It is anticipated that the period of performance for the Base Period will be September 1, 2024 through August 31, 2025, with four (4) one-year option periods thereafter.

C.6 Places of Performance:

The Contractor must provide peanut verification services throughout the continental United States, but mostly in the following states: Alabama (AL);

Florida (FL); Georgia (GA); New Mexico (NM); North Carolina (NC);

Oklahoma (OK); Texas (TX); Virginia (VA).

C.7 Points of Contact:

Contract Specialist:

Matthew Phillips

USDA, APHIS, MRP

Acquisition and Asset Management Divison Direct: 479-301-8811 Matthew.Phillips3@usda.gov

Contracting Officer:

Leah Schultz

USDA, APHIS, MRP

Acquisition and Asset Management Divison Direct: 612-336-3625 Leah.h.Schultz@usda.gov

Technical Point of Contact:

Richard Lower

USDA, AMS, SCP-MDD

Direct: 202-557-4777 Richard.Lower@usda.gov

Invoice (IPP) Approver:

Serita Daniel

USDA, AMS

Direct: 202-557-0325 Serita.Daniel@usda.gov

C.8 Qualifications of Key Personnel (Project Manager):

The Contractor must submit resumes for all new employees proposed as “key personnel” to the USDA Technical Point of Contact before they begin work during the entirety of the contract period of performance (base and all option periods). The USDA Technical Point of Contact may deny permission to allow new personnel to provide services under this contract if qualifications indicate a material degradation from the skill levels indicated in the Contractor’s quotation that was accepted by USDA for contract award, or if skills or reliability concerns are such that the USDA Technical Point of Contact believes the protection of building equipment may be jeopardized.

Minimum Qualifications of Key Personnel: The intent of this paragraph is to be for informational purposes only and is not to be considered prescribed positions by the mailto:Matthew.Phillips3@usda.gov mailto:Leah.h.Schultz@usda.gov mailto:Richard.Lower@usda.gov mailto:Richard.Lower@usda.gov mailto:Serita.Daniel@usda.gov

Government. However, the Contractor must adhere to the below minimum qualifications when the positions are utilized and proposed in the Performance Work Statement. Resumes for Key Personnel must be submitted with the contractor’s quotation.

Contract Project Manager: The Contractor must designate a Contract Project Manager in writing and provide the name and contact information to the USDA Contracting Officer and USDA Technical Points of Contact. The Contract Project Manager is considered essential to the work being performed under this Contract.

The Contract Project Manager must possess at least five (5) years of recent (within the past seven years) experience in the management and supervision of maintaining and troubleshooting complex conveyance & automation systems. A detailed resume must be submitted to the USDA Contracting Officer and USDA Technical Point of Contact for approval prior to the assignment of the Project Manager to the Contract. Both new and replacement Project Managers must meet these qualification standards. Minimally, the resume must contain:

a. The full name of the proposed project manager.

b. A detailed description of the proposed project manager’s employment history for the previous seven years. The names and addresses of the companies for whom the proposed project manager worked for the past seven years, along with the names and telephone numbers of the immediate supervisors. The resume must contain sufficient information for the USDA to be able to determine that the proposed Project Manager possesses the required relevant experience.

Any request for substitution of Key Personnel after contract award must include a detailed explanation of the circumstances necessitating the proposed substitution, a resume for the proposed substitute, and any other information requested by the Contracting Officer. Any proposed substitute must have qualifications equal to or superior to the qualifications of the incumbent. The USDA Technical Point of Contact will evaluate such requests and promptly notify the Contractor of their approval or disapproval thereof.

If any of the identified Key Personnel cease to perform under the contract and the substitute is disapproved, the contract may be immediately terminated in accordance with the termination clause of the contract.

C.9 Employee Training:

The Contractor must maintain a training program to ensure employees working under this Contract have the experience, knowledge, skills and abilities to perform the work required by this Contract.

C.10 Appearance:

Contractor personnel must present a neat appearance and be easily recognized. This must be accomplished by wearing uniforms bearing the name of the company and employee name. Uniforms must be regularly laundered, consistent among personnel classifications, and maintained presentable to tenant personnel during all working hours.

C.11 Personnel Security Requirements:

Contractors must comply with the personal identity verification (PIV) policies and procedures established by the AGAR Advisory No. 81, Revision 03 dated July 19, 2010

– Common Identification Standard for Contractors.

https://www.dm.usda.gov/procurement/policy/advisories.htm

In addition, procedures to be followed by Contractors and Contractor employees are specified in the Departmental Regulation and Departmental Manual (DM) 4620-002.

Copies can be downloaded from the website at http://hspd12.usda.gov

In accordance with the USDA policy and directives, a Background Investigation of the personnel working under this contract is required prior to commencing services as well as maintaining it throughout the duration of the contract. The Contractor must, through their own internal background investigation protocol and pre-employment investigation, ensure that each contractor employee submitted for a federal background investigation is reasonably expected to receive a favorable adjudication of their respective investigation.

The USDA will pay for the required federal background investigation. The government must have and exercise full and complete control over granting, denying, withholding, or termination the background investigation clearance for employees.

All Contractor personnel that will have access to the USDA facility will be required to have, a Tier 1, Low Risk – Non-Sensitive background investigation with no less than favorably adjudicated results. Once approved and working at the facility, the Contractor personnel must not be removed or diverted from the site without prior notification to the Contracting Officer.

The Contractor must not employ persons for work on this contract if such employee is considered by the USDA to be a potential threat to health, safety, general well-being or operational mission of USDA and its employees and property. If the USDA finds a prospective employee to be unsuitable for his or her assigned duties, the contractor will be advised immediately that such employee cannot continue to work or be assigned to work under the contract.

The USDA Technical Point of Contact or other agency designated point of contact will assist the contractor, where practical, with the background investigation process and the associated paperwork.

The Contractor must provide to the USDA Personal Identity Verification Sponsor and the Personnel Security Specialist the information required to initiate the background investigation, including information on previous Office of Personnel Management background investigations or clearances conducted by the contractor. The Contractor https://www.dm.usda.gov/procurement/policy/advisories.htm http://hspd12.usda.gov/ must ensure that prime and subcontractor employees requiring background investigations complete and submit the proper paperwork and forms. You can obtain further guidance from the Personnel Security Specialist who oversees the investigation process for contractors:

USDA, APHIS, MRP-BS, HRD, HRO

Personnel Security Section Attn: Tenzing Choekyi, Personnel Security Specialist (AMS Contractors), (612) 336- 3486, Tenzing.Choekyi@usda.gov Attn: Kelly Ashford, Personnel Security Assistant (AMS Contractors), (612) 336-3351, Kelly.Ashford@usda.gov 250 Marquette Ave STE 410 Minneapolis, MN 55401-2329

For further information and reference on the USDA personnel security requirements please see the document entitled AGAR Advisory 81 entitled “Common Identification Standard for Contractors” at https://www.dm.usda.gov/procurement/policy/docs/Proc%20Adv%20081%20C.pdf

C.12 Credentials and Identification:

Contractor personnel with credentials must be required to comply with all access security screening procedures applicable to Government or other personnel possessing similar credentials, or as determined by the building practices as defined by the Facility Security Committee. All Contractor personnel possessing credentials (PIV or otherwise) must visibly display their credentials at all times while in the building(s) where work is being performed.

The Contractor must be responsible for ensuring that all identification credentials are returned to the COR whenever its employees leave the Contract (i.e., when the Contract has been completed, employees leave the company, employees are dismissed or terminated, or the Government determines that the employee is to be removed from the contract). Whenever employee badges are lost the contractor must immediately file a “lost PIV” incident report with the Department of Homeland Security (DHS), Federal Protective Service (FPS) and provide a copy of the incident report (including incident number) to the COR. The Contractor must be responsible for paying the Government for replacement credentials at the current cost per badge.

The Government will withhold final payment until such time as all employee badges (PIV or otherwise) have been collected and returned to the COR. Any badges not returned as an employee departs, or at contract conclusion must be accompanied by a DHS FPS incident report for each badge and a fee of $100 per badge not returned must be deducted from the contract payment amount.

C.13 Escorting:

Temporary contract employees who do not have favorable preliminary or final suitability determinations and need to work in non-public federally controlled space must be escorted. In those cases, the Contractor must comply with the security clearance procedures for Escort Only Contractors. All uncleared contract employees must be escorted in non-public space by a Government employee or another responsible cleared contract employee who is approved by the USDA Technical Point of Contact.

Government employees or approved cleared contract employees who provide escorts for uncleared contract employees must always be within eyesight of the uncleared contract employees. The Contract Government escort must watch uncleared employees and remain with uncleared contract employees for the entire time they are in non-public federally controlled space. Any security violation of escort requirements by a cleared and approved contract employee must result in the immediate removal from the Contract of all contract employees involved, i.e., escorts and uncleared escorted contract employees. Also, violations of escort requirements by subcontract employees in accordance with security requirements must be grounds for loss of facility access for those individuals or grounds for termination of Contract, or both.

C.14 Submission of Invoices:

Payment for firm fixed-price monthly services will be made based on a monthly invoice, in arrears. All invoices must be submitted electronically, on a monthly-basis, via the Invoice Processing Platform (IPP) located at www.ipp.gov.

file://COFCMRFS11/AAPMNMIMR_Info/Administrative%20Services/Procurement/Contracting/Matthew%20Phillips/FY%202024/Req%201120555%20Peanut%20Verification/www.ipp.gov

D.1 The following Federal Acquisition Regulation (FAR) clauses are hereby incorporated by reference:

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): http://www.acquisition.gov/far.

Clause Title Date

FAR 52.202-1 Definitions Jun 2020

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions

Jun 2020

FAR 52.204-13 System for Award Management Maintenance Oct 2018

FAR 52.204-19 Incorporation by Reference of Representations and Certifications

Dec 2014

FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services

Nov 2023

FAR 52.227-1 Authorization and Consent Jun 2020

FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

Jun 2020

FAR 52.229-3 Federal, State, and Local Taxes Feb 2013

FAR 52.232-11 Extras Apr 1984

FAR 52.233-1 Disputes-Alternate I Dec 1991

FAR 52.233-2 Service of Protest Sep 2006

FAR 52.242-13 Bankruptcy Jul 1995

FAR 52.246-4 Inspection of Services—Fixed-Price Aug 1996

SECTION D: CLAUSES

http://www.acquisition.gov/far

FAR 52.253-1 Computer Generated Forms Jan 1991

D.2 The following FAR/ Agriculture Acquisition Regulation (AGAR) clauses are hereby incorporated by full text:

FAR 52.204-1 Approval of Contract. (Dec 1989) This contract is subject to the written approval of the USDA Contracting Officer and shall not be binding until so approved.

(End of clause)

FAR 52.204-28 Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts (Dec 2023)

(a) Definitions. As used in this clause—

Covered article as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order, means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

https://www.govinfo.gov/link/uscode/41/4713 https://www.govinfo.gov/link/uscode/40/11101 https://www.govinfo.gov/link/uscode/47/153 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e)

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business https://www.govinfo.gov/link/uscode/50/3003 https://www.govinfo.gov/link/uscode/44/3552 applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Notice. During contract performance, the Contractor shall be required to comply with any of the following that apply: DHS FASCSA orders, DoD FASCSA orders, or DNI FASCSA orders. The applicable FASCSA order(s) will be identified in the request for quotation (see 8.405-2), or in the notice of intent to place an order (see 16.505(b)).

FASCSA orders will be identified in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition, with its Alternate II.

(c) Removal. Upon notification from the contracting officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any covered article or any product or service produced or provided by a source that is subject to an applicable Governmentwide FASCSA order (see FAR 4.2303(b)).

(End of clause)

FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023)

(a) Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);

https://www.acquisition.gov/far/8.405-2#FAR_8_405_2 https://www.acquisition.gov/far/16.505#FAR_16_505 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/4.2303#FAR_4_2303 https://www.govinfo.gov/link/uscode/41/4713 https://www.govinfo.gov/link/uscode/40/11101…