MOD | R | Administrative Support Services - Amendment 1

FBO DAILY ISSUE OF SEPTEMBER 13, 2012 FBO #3946
MODIFICATION

R -- Administrative Support Services - Amendment 1

Notice Date: 9/11/2012
Notice Type: Modification/Amendment
NAICS: 561110 — Office Administrative Services
Contracting Office: Department of Agriculture, Natural Resources Conservation Service, Minnesota State Office, 375 Jackson Street, Suite 600, St. Paul, Minnesota, 55101-1854
ZIP Code: 55101-1854
Solicitation Number: AG-6322-S-12-0005
Archive Date: 10/2/2012
Point of Contact: Todd R Davis, Phone: 6516027932
E-Mail Address: todd.davis@mn.usda.gov
(todd.davis@mn.usda.gov)
Small Business Set-Aside: Total Small Business
Description: Revised PWS to change references from General Clerk I to General Clerk II. Revised Synopisis Soliciation Document. Changed all references from General Clerk I to General Clerk II. Also, revised FAR Clause 52.222-42 to remove the GS-7 rate and leave only the GS-5 rate. Amendment 3 All references to General Clerk I have been replaced by General Clerk II in the solicitation and PWS. Also, FAR clause 52.222-42 is revised to remove the reference to a GS-7 equivalent. Revised solicitation and PWS documents are attached to this amendment. The due date for offers remains unchanged. (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 number AG-6322-S-12-0005 is issued as a Request for Proposal (RFP), and the acquisition procedures at FAR Parts 12 and 15 are being utilized. A requirements type indefinite-delivery contract as defined by FAR 16.503, to include a base period of 1 year from the date of award and two one year each option periods, is contemplated. The Government plans to make award without negotiations. (iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-60, dated August 27, 2012. (iv) This is a 100% SMALL BUSINESS SET ASIDE and the applicable NAICS code is 561110 "Office Administrative Services, which has a size standard of $7 million (average annual revenue). Only quotes from small businesses will be considered. A size standard is the largest that a concern can be and still qualify as a small business for Federal Government programs. Size standards are the average annual receipts of a firm. How to calculate average annual receipts of a firm can be found in 13 CFR § 121.104. For more information on these size standards, please visit http://www.sba.gov/size. (v) Contract Line Item Numbers (CLINs) Pricing will be provided for a 01111 General Clerk II as defined by the Department of Labor, Service Contract Act Director of Occupations found at http://www.dol.gov/whd/regs/compliance/wage/SCADirV5/SCADirectVers5.pdf. Pricing must be provided for the base period and each of the two option periods. The base period will start the date of award and be a period of one year. The current estimated award date is September 24, 2012. All dates below are based on this estimate. The actual dates in the contract award document will be based upon the actual award date. Because a requirements type contract is contemplated 16.503(a)(1) states that "For the information of offerors and Contractors, the Contracting Officer shall state a realistic estimated total quantity in the solicitation and resulting contract. This estimate is not a representation to an offeror or Contractor that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. The Contracting Officer may obtain the estimate from records of previous requirements and consumption, or by other means, and should base the estimate on the most current information available." The current overall annual amount of estimated hours needed is 35,000 to 40,000. Estimates by county have not been completed yet, but the performance work statement (PWS) does identify those offices in need of the most assistance. As delivery requirements are defined firm fixed-price task orders will be issued based on the rates provided in the contract and the number of hours needed and schedule for each field office requiring assistance. Base Period (Date of Award 9/24/2012 - 9/23/2013) CLIN Description County UOM Unit Price 0001 General Clerk II Aitkin HR $ __________________ 0002 General Clerk II Anoka HR $ __________________ 0003 General Clerk II Becker HR $ __________________ 0004 General Clerk II Beltrami HR $ __________________ 0005 General Clerk II Benton HR $ __________________ 0006 General Clerk II Big Stone HR $ __________________ 0007 General Clerk II Blue Earth HR $ __________________ 0008 General Clerk II Brown HR $ __________________ 0009 General Clerk II Carlton HR $ __________________ 0010 General Clerk II Carver HR $ __________________ 0011 General Clerk II Cass HR $ __________________ 0012 General Clerk II Chippewa HR $ __________________ 0013 General Clerk II Chisago HR $ __________________ 0014 General Clerk II Clay HR $ __________________ 0015 General Clerk II Clearwater HR $ __________________ 0016 General Clerk II Cook HR $ __________________ 0017 General Clerk II Cottonwood HR $ __________________ 0018 General Clerk II Crow Wing HR $ __________________ 0019 General Clerk II Dakota HR $ __________________ 0020 General Clerk II Dodge HR $ __________________ 0021 General Clerk II Douglas HR $ __________________ 0022 General Clerk II Faribault HR $ __________________ 0023 General Clerk II Fillmore HR $ __________________ 0024 General Clerk II Freeborn HR $ __________________ 0025 General Clerk II Goodhue HR $ __________________ 0026 General Clerk II Grant HR $ __________________ 0027 General Clerk II Hennepin HR $ __________________ 0028 General Clerk II Houston HR $ __________________ 0029 General Clerk II Hubbard HR $ __________________ 0030 General Clerk II Isanti HR $ __________________ 0031 General Clerk II Itasca HR $ __________________ 0032 General Clerk II Jackson HR $ __________________ 0033 General Clerk II Kanabec HR $ __________________ 0034 General Clerk II Kandiyohi HR $ __________________ 0035 General Clerk II Kittson HR $ __________________ 0036 General Clerk II Koochiching HR $ __________________ 0037 General Clerk II Lac qui Parle HR $ __________________ 0038 General Clerk II Lake HR $ __________________ 0039 General Clerk II Lake of the Woods HR $ __________________ 0040 General Clerk II Le Sueur HR $ __________________ 0041 General Clerk II Lincoln HR $ __________________ 0042 General Clerk II Lyon HR $ __________________ 0043 General Clerk II Mahnomen HR $ __________________ 0044 General Clerk II Marshall HR $ __________________ 0045 General Clerk II Martin HR $ __________________ 0046 General Clerk II McLeod HR $ __________________ 0047 General Clerk II Meeker HR $ __________________ 0048 General Clerk II Mille Lacs HR $ __________________ 0049 General Clerk II Morrison HR $ __________________ 0050 General Clerk II Mower HR $ __________________ 0051 General Clerk II Murray HR $ __________________ 0052 General Clerk II Nicollet HR $ __________________ 0053 General Clerk II Nobles HR $ __________________ 0054 General Clerk II Norman HR $ __________________ 0055 General Clerk II Olmsted HR $ __________________ 0056 General Clerk II Otter Tail HR $ __________________ 0057 General Clerk II Pennington HR $ __________________ 0058 General Clerk II Pine HR $ __________________ 0059 General Clerk II Pipestone HR $ __________________ 0060 General Clerk II Polk HR $ __________________ 0061 General Clerk II Pope HR $ __________________ 0062 General Clerk II Ramsey HR $ __________________ 0063 General Clerk II Red Lake HR $ __________________ 0064 General Clerk II Redwood HR $ __________________ 0065 General Clerk II Renville HR $ __________________ 0066 General Clerk II Rice HR $ __________________ 0067 General Clerk II Rock HR $ __________________ 0068 General Clerk II Roseau HR $ __________________ 0069 General Clerk II Scott HR $ __________________ 0070 General Clerk II Sherburne HR $ __________________ 0071 General Clerk II Sibley HR $ __________________ 0072 General Clerk II St. Louis HR $ __________________ 0073 General Clerk II Stearns HR $ __________________ 0074 General Clerk II Steele HR $ __________________ 0075 General Clerk II Stevens HR $ __________________ 0076 General Clerk II Swift HR $ __________________ 0077 General Clerk II Todd HR $ __________________ 0078 General Clerk II Traverse HR $ __________________ 0079 General Clerk II Wabasha HR $ __________________ 0080 General Clerk II Wadena HR $ __________________ 0081 General Clerk II Waseca HR $ __________________ 0082 General Clerk II Washington HR $ __________________ 0083 General Clerk II Watonwan HR $ __________________ 0084 General Clerk II Wilkin HR $ __________________ 0085 General Clerk II Winona HR $ __________________ 0086 General Clerk II Wright HR $ __________________ 0087 General Clerk II Yellow Medicine HR $ __________________ Option Period 1 (9/24/2013 - 9/23/2014) CLIN Description County UOM Unit Price 1001 General Clerk II Aitkin HR $ __________________ 1002 General Clerk II Anoka HR $ __________________ 1003 General Clerk II Becker HR $ __________________ 1004 General Clerk II Beltrami HR $ __________________ 1005 General Clerk II Benton HR $ __________________ 1006 General Clerk II Big Stone HR $ __________________ 1007 General Clerk II Blue Earth HR $ __________________ 1008 General Clerk II Brown HR $ __________________ 1009 General Clerk II Carlton HR $ __________________ 1010 General Clerk II Carver HR $ __________________ 1011 General Clerk II Cass HR $ __________________ 1012 General Clerk II Chippewa HR $ __________________ 1013 General Clerk II Chisago HR $ __________________ 1014 General Clerk II Clay HR $ __________________ 1015 General Clerk II Clearwater HR $ __________________ 1016 General Clerk II Cook HR $ __________________ 1017 General Clerk II Cottonwood HR $ __________________ 1018 General Clerk II Crow Wing HR $ __________________ 1019 General Clerk II Dakota HR $ __________________ 1020 General Clerk II Dodge HR $ __________________ 1021 General Clerk II Douglas HR $ __________________ 1022 General Clerk II Faribault HR $ __________________ 1023 General Clerk II Fillmore HR $ __________________ 1024 General Clerk II Freeborn HR $ __________________ 1025 General Clerk II Goodhue HR $ __________________ 1026 General Clerk II Grant HR $ __________________ 1027 General Clerk II Hennepin HR $ __________________ 1028 General Clerk II Houston HR $ __________________ 1029 General Clerk II Hubbard HR $ __________________ 1030 General Clerk II Isanti HR $ __________________ 1031 General Clerk II Itasca HR $ __________________ 1032 General Clerk II Jackson HR $ __________________ 1033 General Clerk II Kanabec HR $ __________________ 1034 General Clerk II Kandiyohi HR $ __________________ 1035 General Clerk II Kittson HR $ __________________ 1036 General Clerk II Koochiching HR $ __________________ 1037 General Clerk II Lac qui Parle HR $ __________________ 1038 General Clerk II Lake HR $ __________________ 1039 General Clerk II Lake of the Woods HR $ __________________ 1040 General Clerk II Le Sueur HR $ __________________ 1041 General Clerk II Lincoln HR $ __________________ 1042 General Clerk II Lyon HR $ __________________ 1043 General Clerk II Mahnomen HR $ __________________ 1044 General Clerk II Marshall HR $ __________________ 1045 General Clerk II Martin HR $ __________________ 1046 General Clerk II McLeod HR $ __________________ 1047 General Clerk II Meeker HR $ __________________ 1048 General Clerk II Mille Lacs HR $ __________________ 1049 General Clerk II Morrison HR $ __________________ 1050 General Clerk II Mower HR $ __________________ 1051 General Clerk II Murray HR $ __________________ 1052 General Clerk II Nicollet HR $ __________________ 1053 General Clerk II Nobles HR $ __________________ 1054 General Clerk II Norman HR $ __________________ 1055 General Clerk II Olmsted HR $ __________________ 1056 General Clerk II Otter Tail HR $ __________________ 1057 General Clerk II Pennington HR $ __________________ 1058 General Clerk II Pine HR $ __________________ 1059 General Clerk II Pipestone HR $ __________________ 1060 General Clerk II Polk HR $ __________________ 1061 General Clerk II Pope HR $ __________________ 1062 General Clerk II Ramsey HR $ __________________ 1063 General Clerk II Red Lake HR $ __________________ 1064 General Clerk II Redwood HR $ __________________ 1065 General Clerk II Renville HR $ __________________ 1066 General Clerk II Rice HR $ __________________ 1067 General Clerk II Rock HR $ __________________ 1068 General Clerk II Roseau HR $ __________________ 1069 General Clerk II Scott HR $ __________________ 1070 General Clerk II Sherburne HR $ __________________ 1071 General Clerk II Sibley HR $ __________________ 1072 General Clerk II St. Louis HR $ __________________ 1073 General Clerk II Stearns HR $ __________________ 1074 General Clerk II Steele HR $ __________________ 1075 General Clerk II Stevens HR $ __________________ 1076 General Clerk II Swift HR $ __________________ 1077 General Clerk II Todd HR $ __________________ 1078 General Clerk II Traverse HR $ __________________ 1079 General Clerk II Wabasha HR $ __________________ 1080 General Clerk II Wadena HR $ __________________ 1081 General Clerk II Waseca HR $ __________________ 1082 General Clerk II Washington HR $ __________________ 1083 General Clerk II Watonwan HR $ __________________ 1084 General Clerk II Wilkin HR $ __________________ 1085 General Clerk II Winona HR $ __________________ 1086 General Clerk II Wright HR $ __________________ 1087 General Clerk II Yellow Medicine HR $ __________________ Option Period 2 (9/24/2014 - 9/23/2015) CLIN Description County UOM Unit Price 2001 General Clerk II Aitkin HR $ __________________ 2002 General Clerk II Anoka HR $ __________________ 2003 General Clerk II Becker HR $ __________________ 2004 General Clerk II Beltrami HR $ __________________ 2005 General Clerk II Benton HR $ __________________ 2006 General Clerk II Big Stone HR $ __________________ 2007 General Clerk II Blue Earth HR $ __________________ 2008 General Clerk II Brown HR $ __________________ 2009 General Clerk II Carlton HR $ __________________ 2010 General Clerk II Carver HR $ __________________ 2011 General Clerk II Cass HR $ __________________ 2012 General Clerk II Chippewa HR $ __________________ 2013 General Clerk II Chisago HR $ __________________ 2014 General Clerk II Clay HR $ __________________ 2015 General Clerk II Clearwater HR $ __________________ 2016 General Clerk II Cook HR $ __________________ 2017 General Clerk II Cottonwood HR $ __________________ 2018 General Clerk II Crow Wing HR $ __________________ 2019 General Clerk II Dakota HR $ __________________ 2020 General Clerk II Dodge HR $ __________________ 2021 General Clerk II Douglas HR $ __________________ 2022 General Clerk II Faribault HR $ __________________ 2023 General Clerk II Fillmore HR $ __________________ 2024 General Clerk II Freeborn HR $ __________________ 2025 General Clerk II Goodhue HR $ __________________ 2026 General Clerk II Grant HR $ __________________ 2027 General Clerk II Hennepin HR $ __________________ 2028 General Clerk II Houston HR $ __________________ 2029 General Clerk II Hubbard HR $ __________________ 2030 General Clerk II Isanti HR $ __________________ 2031 General Clerk II Itasca HR $ __________________ 2032 General Clerk II Jackson HR $ __________________ 2033 General Clerk II Kanabec HR $ __________________ 2034 General Clerk II Kandiyohi HR $ __________________ 2035 General Clerk II Kittson HR $ __________________ 2036 General Clerk II Koochiching HR $ __________________ 2037 General Clerk II Lac qui Parle HR $ __________________ 2038 General Clerk II Lake HR $ __________________ 2039 General Clerk II Lake of the Woods HR $ __________________ 2040 General Clerk II Le Sueur HR $ __________________ 2041 General Clerk II Lincoln HR $ __________________ 2042 General Clerk II Lyon HR $ __________________ 2043 General Clerk II Mahnomen HR $ __________________ 2044 General Clerk II Marshall HR $ __________________ 2045 General Clerk II Martin HR $ __________________ 2046 General Clerk II McLeod HR $ __________________ 2047 General Clerk II Meeker HR $ __________________ 2048 General Clerk II Mille Lacs HR $ __________________ 2049 General Clerk II Morrison HR $ __________________ 2050 General Clerk II Mower HR $ __________________ 2051 General Clerk II Murray HR $ __________________ 2052 General Clerk II Nicollet HR $ __________________ 2053 General Clerk II Nobles HR $ __________________ 2054 General Clerk II Norman HR $ __________________ 2055 General Clerk II Olmsted HR $ __________________ 2056 General Clerk II Otter Tail HR $ __________________ 2057 General Clerk II Pennington HR $ __________________ 2058 General Clerk II Pine HR $ __________________ 2059 General Clerk II Pipestone HR $ __________________ 2060 General Clerk II Polk HR $ __________________ 2061 General Clerk II Pope HR $ __________________ 2062 General Clerk II Ramsey HR $ __________________ 2063 General Clerk II Red Lake HR $ __________________ 2064 General Clerk II Redwood HR $ __________________ 2065 General Clerk II Renville HR $ __________________ 2066 General Clerk II Rice HR $ __________________ 2067 General Clerk II Rock HR $ __________________ 2068 General Clerk II Roseau HR $ __________________ 2069 General Clerk II Scott HR $ __________________ 2070 General Clerk II Sherburne HR $ __________________ 2071 General Clerk II Sibley HR $ __________________ 2072 General Clerk II St. Louis HR $ __________________ 2073 General Clerk II Stearns HR $ __________________ 2074 General Clerk II Steele HR $ __________________ 2075 General Clerk II Stevens HR $ __________________ 2076 General Clerk II Swift HR $ __________________ 2077 General Clerk II Todd HR $ __________________ 2078 General Clerk II Traverse HR $ __________________ 2079 General Clerk II Wabasha HR $ __________________ 2080 General Clerk II Wadena HR $ __________________ 2081 General Clerk II Waseca HR $ __________________ 2082 General Clerk II Washington HR $ __________________ 2083 General Clerk II Watonwan HR $ __________________ 2084 General Clerk II Wilkin HR $ __________________ 2085 General Clerk II Winona HR $ __________________ 2086 General Clerk II Wright HR $ __________________ 2087 General Clerk II Yellow Medicine HR $ __________________ (vi) Description of Requirements: See the attached performance work statement (PWS) for detail. (vii) Date(s) and Place(s) of Delivery and Acceptance. The delivery location and period of performance will vary for each task order and will be specified therein. Delivery and acceptance will occur at those locations. Invoices will be approved by the Contracting Officer at the NRCS MN State Office. (viii) The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition. The following addenda also apply. Offerors must read and follow these additional instructions to receive consideration. 1. System for Award Management (SAM) Registration In order to comply with the Debt Collection Improvement Act of 1996, all Contractors must be registered in the System for Award Management, or SAM (formerly Central Contractor Registration (CCR) and Online Representations and Certifications Application (ORCA)) prior to award of a Federal Contract. However, due to the need to promptly award a contract after receipt of proposals, registration in SAM, to include completion of the Representations and Certifications, and having a status of "Active" is required BEFORE submitting an offer. For information regarding registration visit www.sam.gov. Successful offerors and their employees will also be required to provide a completed/signed NRCS Conservation Cooperator Certification as described in the PWS after award is made. 2. Technical Proposal and Past Performance Information Offerors should submit a written narrative that thoroughly addresses all three (3) non price evaluation factors listed in Section (ix) below. The narrative should be supported by evidence that give credibility to the statements made by the offeror and in turn gives the Government enough information to understand and gain confidence in what the offeror is stating. There is no limit on the length of the narrative, but it should be of a reasonable length and well supported. 3. Price Proposal Submit a price for the hourly rate for each county and for the base and each option period. Pricing must be provided for every county. 4. Certification at FAR 52.209-7 Information Regarding Responsibility Matters and the Certification at AGAR 452.209-70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction. The offeror must complete the two certifications by reading and checking the appropriate box(s). A copy of the text of the two provision can be found in Section (xiii) below and as a separate attachment to this notice. Complete the certification using the attachment related to this notice. 5. Copies of Proposal Only one copy of the proposal technical/past performance and price proposal is required to be submitted. Also include the certifications referenced in paragraph 4 above. Offers can be submitted by mail, fax or email (scanned documents). If the document is faxed the offeror must call or send an email the Contracting Officer and received affirmative confirmation that the proposal was received. (ix) FAR provision 52.212-2, Evaluation-Commercial Items applies to this solicitation and is completed as follows. (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: The tradeoff process evaluation methodology will be followed. The Contractor's response to the following factors in descending order of importance will be used to evaluate offers. The factors describe the qualities that are desired. 1. Quality/Technical (Prior Experience) Factor An offeror that has been established for a number for years, versus a start up, will have greater experience in providing the needed services. An offeror that has more frequent experience in sourcing and placing their employees, especially in administrative support functions. An offeror that has more experience in sourcing and employing candidates in rural geographic areas. An offeror that has significant experience in contracting with Federal agencies for similar services. 2. Quality/Technical (Management Capability) Factor An offeror that has the resources needed to source, onboard (orientation/background check), place, and employ/supervise employees in a prompt and effective manner. Offerors that do not have adequate resource to process the relatively high number of individuals needed throughout the state could adversely impact the timeliness and quality of the service, or in some cases cause there to be an office without administrative support. An initial task order could require the Contractor to hire a significant number of employees (25-50) in a short timeframe (possibly less than one month). 3. Quality/Technical (Past Performance) Factor Past performance information is one indicator of an offeror's ability to perform the contract successfully. An offeror that has past performance feedback that is not adverse. Adverse feedback could include employee performance issues, replacement of employees due to performance issues, not paying their employees in a timely manner which could jeopardize performance, delays in sourcing and placing employees to meet customer needs. Offerors must identify at least three past or current contracts (may include Federal, State, and local government and private businesses) for efforts similar to this requirement in terms of size and scope. The following information must be provided (name of entity, address, contact name, contact number and email address. Past performance information must be relevant and recent. Offerors are authorized to provide information on problems encountered on the identified contracts and the offeror's corrective actions. Offerors with no past performance information will be rated neutrally and will not be looked upon favorably or unfavorably. The Government may contact some or all of the past performance references provided. 4. Price Factor The overall cost to the NRCS in an important factor, but for this acquisition is not the most important factor. It will be more important to ensure that the NRCS is contracting with a firm that has a demonstrated experience and capability of sourcing and employing a high number of employees in a short time frame especially in predominately rural areas, and a successful track record of placing employees that meet customer needs without the need for replacement. Offerors are cautioned that "materially unbalanced" prices and/or unreasonably high or low prices may cause your proposal to be deemed unacceptable and rejected. The technical factors and past performance, when combined, are significantly more important when compared to price. (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. (x) Offerors are required to complete the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. This must be completed when registering in SAM. (xi) The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition and there are no addenda. (xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition and the following additional FAR clauses cited in the clause are applicable to this acquisition. (b) (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313). (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). (12) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). (23) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (26) 52.222-3, Convict Labor (JUN 2003) (27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (AUG 2009) (28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999). (29) 52.222-26, Equal Opportunity (MAR 2007) (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). (31) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). (42) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (47) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003) (c) (1) 52.222-41, Service Contract Act of 1965 (NOV 2007) See wage determinations attached to this notice which the individual counties covered in each determination. (2) 52.222-42, Statement of Equivalent Rates for Federal Hires This Statement is for Information Only. It is not a Wage Determination Employee Class (Series and Grade) Monetary Wage-Fringe Benefits GS-0303-05 (Clerk and Assistant Series) $13.14 per hour (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (xiii) Additional contract requirement(s) or terms and conditions (such as contract financing arrangements or warranty requirements) determined by the Contracting Officer to be necessary for this acquisition and consistent with customary commercial practices. The following additional Federal Acquisition Regulation (FAR) and Agriculture Acquisition Regulation (AGAR) clauses and provisions apply to this solicitation and any resultant contract award. FAR clauses and provisions can be found at https://www.acquisition.gov/far/current/html/FARTOCP52.html#wp372482. AGAR clauses and provisions can be found at http://www.da.usda.gov/procurement/policy/agar.html. Fill-in's, as required, are provided with the provisions and clauses below. Provisions 52.209-7 Information Regarding Responsibility Matters. (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Boardof Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have (check one) current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7). (End of provision) AGAR 452.209-70 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION (DEVIATION 2012-01) (FEB 2012) (a) Awards made under this solicitation are subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012 (P.L. No. 112-55), Division A, Sections 738 and 739 regarding corporate felony convictions and corporate Federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation. (b) The Offeror represents that - (1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.) If the Offeror checked "is" above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked "is not" above, Offeror may leave the remainder of the representation blank. (2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer. (ii) The Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal or State law in the 24 months preceding the date of offer. (3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (End of provision) Clauses 52.216-18 Ordering (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of award through the expiration date of the contract. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of clause) 52.216-19 Order Limitations (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of $1,000,000.00; (2) Any order for a combination of items in excess of $1,000,000.00; or (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) 52.216-21 Requirements (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 12 months from the date the task order was issued. (End of clause) 52.217-8 Option to Extend Services The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days. (End of clause) 52.217-9 Option to Extend the Term of the Contract (a) The Government may extend the term of this contract by written notice to the Contractor within 60 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years and 6 months. (End of clause) AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS (a) This award is subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P.L. No. 112-55, Division A, Sections 738 and 739 regarding corporate felony convictions and corporate Federal tax delinquencies. Accordingly, by accepting this award the Contractor acknowledges that it - (1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and (2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal or State law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government. (b) If the awardee fails to comply with these provisions, the NRCS may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739. (End of Clause) 452.224-70 CONFIDENTIALITY OF INFORMATION (FEB 1988) (a) Confidential information, as used in this clause, means -- (1) information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization. (b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon. (c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause. (d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act. (e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization. (f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the Contractor may proceed with disclosure. Disagreements not resolved by the and Contracting Officer will be settled pursuant to the "Disputes" clause. (g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication. (h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws. (End of Clause) (xiv) DPAS ratings do not apply to this solicitation. (xv) The date, time and place proposals are due is listed in the announcement on FedBizOpps. (xvi) The name and telephone number of the individual to contact for information regarding the solicitation is listed in the announcement on FedBizOpps. END OF SOLICITATION Added: <input type="hidden" name="dnf_class_values[procurement_notice][description][1][added_on]" value="2012-09-05 17:36:42">Sep 05, 2012 5:36 pm Modified: <input type="hidden" name="dnf_class_values[procurement_notice][description][1][modified_on]" value="2012-09-11 15:32:20">Sep 11, 2012 3:32 pm Track Changes Amendment 1 Reference Section (xiii) of this notice, FAR clause 52.217-9 Option to Extend the Term of the Contract, paragraph (a). The clause should read as follows which requires a 60 day preliminary notice, and exercising of the option 30 days prior to the end of the existing term. "(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension." All other terms and conditions contained in the solicitation remain unchanged.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/USDA/NRCS/MNSO/AG-6322-S-12-0005/listing.html)
Place of Performance: Address: Various counties within the State of Minnesota., Minnesota, United States
Record: SN02876639-W 20120913/120912000236-9f9674e6830f3655271ded4bbeadc4df (fbodaily.com)
Source: FedBizOpps Link to This Notice
(may not be valid after Archive Date)

| FSG Index | This Issue's Index | Today's FBO Daily Index Page |

Loren Data's SAM Daily™

R -- Administrative Support Services - Amendment 1