Inactive Total Small Business Set-Aside (FAR 19.5)

The USDA, ARS, EOQRC in Burns, Oregon is requesting quote for accessories to be used with an Open Path CH4 Gas Analyzer (p/n LI-7700) and EddyFlux System Pro (p.n LI-900EFP). All items will be used wi... The USDA, ARS, EOQRC in Burns, Oregon is requesting quote for accessories to be used with an Open Path CH4 Gas Analyzer (p/n LI-7700) and EddyFlux System Pro (p.n LI-900EFP). All items will be used with these two pieces of equipment and items offered must be fully compatible with the above items, typically sold by Li-Cor, Inc. Please see the attached specification sheet for the list of items. Solicitation number: 12905B21Q0063 Flux tower Accessories CONTRACT CLAUSES FAR Clause 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far Agriculture Acquisition Regulation (AGAR): https://www.acquisition.gov/agar Source Clause # Title Date FAR 52.204-13 System for Award Management Maintenance Oct-2018 FAR 52.204-18 Commercial and Government Entity Code Maintenance Jul-2016 FAR 52.223-3 Hazardous Material Identification and Material Safety Data Alternate I (Jul 1995) Feb-2021 FAR 52.232-1 Payments Apr-1984 FAR 52.232-39 Unenforceability of Unauthorized Obligations Jun-2013 FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec-2013 FAR 52.242-15 Stop Work Order Aug-1989 FAR 52.247-34 F.o.b. Destination Nov-1991 FAR 52.252-6?- Authorized Deviations in Clauses. (NOV 2020) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48?CFR Chapter?1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause. (b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (AGAR) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation. AGAR 452.246-70 Inspection and Acceptance. (FEB 1988) (a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract. (b) Inspection and acceptance will be performed at:USDA, ARS, EQRSC at 67826-A Hwy 205 in Burns, OR 97720. Licenses and Permits The Contractor shall be responsible for obtaining any necessary licenses and permits, giving all notice and complying with any applicable federal, state, local, and municipal laws, codes, ordinances, and regulations in connection with the business carried on under this contract. Invoice Procedures To invoice, a vendor must first enroll in the Invoice Processing Platform (IPP) by visiting: https://www.ipp.gov/vendors/index.htm. Once enrolled, all invoices must be submitted electronically through IPP. The IPP is a government-wide secure web-based payment information service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s Financial Management Service (FMS). One-time enrollment in IPP means that you will receive a series of e-mails from Treasury services. The first email will have the IPP Logon ID and link to the IPP application. A second e-mail, containing the password will be sent within 24 hours. Once you receive these emails, please login to the IPP application and complete the registration process. Benefits of registering with IPP include the ability for your company to create invoices directly from a contract award and submit them electronically, as well as: • E-mail notification when invoice(s) are paid • Online payment history • Remittance download E-mail notifications of payments are sent when a payment is distributed to your bank account and will include all pertinent payment information. The IPP Customer Support Desk is available to assist users Monday through Friday (excluding bank holidays) from 8:00AM - 6:00PM ET, including answering any questions related to accessing IPP or completing the registration process. Their tollfree number is (866) 973-3131 or they can be reached at: IPPCustomerSupport@fms.treas.gov . ANY SOLICITATION DOCUMENTS, EXHIBITS, OR ATTACHMENT. See Specifications for Open Market Items for new flux tower SOLICITATION PROVISIONS FAR 52.252-1 -- Solicitation Provisions Incorporated by Reference. (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far Agriculture Acquisition Regulation (AGAR): https://www.acquisition.gov/agar Source Provision # Title Date FAR 52.204-7 System for Award Management Oct-2018 FAR 52.204-17 Ownership or Control of Offeror Aug-2020 FAR 52.204-16 Commercial and Government Entity Code Reporting Aug-2020 FAR 52.204-22 Alternative Line Item Proposal Jan-2017 FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation Nov-2015 FAR 52.212-1 Instructions to Offerors -- Commercial Items Jun-2020 FAR 52.223-1 Biobased Product Certification May-2012 FAR 52.204-20 Predecessor of Offeror. (Aug 2020) (a) Definitions. As used in this provision– Commercial and Government Entity (CAGE) code means– (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. (b) The Offeror represents that it ? is or ? is not a successor to a predecessor that held a Federal contract or grant within the last three years. (c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code:?????????(or mark "Unknown"). Predecessor legal name: ?? (Do not use a "doing business as" name). (End of provision) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Oct 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3. (a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". (d) Representation. The Offeror represents that— (1) It ? will, ? will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and (2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It ? does, ? does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section. (e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment— (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services— (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment— (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) For covered services— (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (End of provision) FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) (a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". (c) (1) Representation. The Offeror represents that it ? does, ? does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. (2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it ? does, ? does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. (End of provision) FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (Feb 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that– (1) Has 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, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that– (1) It is ? is not ? a corporation that has 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) It is ? is not ? a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. FAR Clause 52.216-1 Type of Contract (APR 1984) The Government contemplates award of a firm-fixed-price type Delivery Order resulting from this solicitation. FAR Clause 52.233-2 Service of Protest (Sep 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Michael Hassett at USDA-PWA-AAO, 800 Buchanan Street, Albany, CA 94710. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. AGAR 452.204-70 Inquiries. (FEB 1988) Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award. AGAR 452.219-70 Size Standard and NAICS Code Information. (SEP 2001) The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below: Contract line item(s):3-17 -- 334519 -- 500 FAR 52.212-1 - Instructions To Offerors - Commercial Items. (Jun 2020) (Addendum) Quotations must be prepared in accordance with the instructions in this section, providing all required documents and information in the format specified. Failure of a quotation to show compliance with these instructions may be grounds for exclusion of the quotation from further consideration. The quotation shall clearly and concisely describe the offeror's response to the requirements of the solicitation. Offerors shall acknowledge receipt of any/all Amendments to this solicitation by the date and time specified in the amendment(s). First Page (cover page) prepared on the company’s letterhead stationery and includes the following information: The solicitation number; The name, address, DUNS/Unique Entity ID number, telephone number, facsimile number, and email address of the offeror; A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item; and Names, titles, telephone numbers, facsimile numbers, and email addresses of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation. All offers are to be submitted electronically. The offeror shall provide an electronic copy via email to the contract specialist/purchasing agent in either Microsoft Word format or in Adobe PDF format. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. Submissions Please send a copy of your complete quotation to the Contracting Specialist/Purchasing Agent at: shelley.steen@usda.gov Quotation Requirements INSTRUCTIONS: Quote submission must include: Email quote as described above including pricing, signatures, DUNS/Unique Entity Identifier (UEI) #. Acknowledgement of any solicitation amendment(s) on the SF-30. Active registration at SAM.gov (required at quote submission or your quote will not be accepted). Complete fill-in certifications and annual representations for FAR 52.212-3 - Offeror Representations and Certifications -- Commercial Items, in the System for Award Management (SAM) system online. Completed electronic annual representations and certifications at SAM.gov. Complete fill-in certification for FAR 52.204-20, FAR 52.204-24, FAR 52.204-26, and FAR 52.209-11 in your SAM.gov profile under Reps and Certs. No submission required if reps and certs are completed at SAM.gov. The government will validate this is completed at time of quote receipt. If not filled out in SAM.gov, these shall be filled out and accompanied with your quote. EVALUATION: In accordance with FAR 13.106-2, the evaluation for this award will be based on lowest price for all CLINs and the quoter’s compliance with the terms and conditions for this RFQ. The quoter shall possess all necessary certifications to perform the work specified in the requirements in order to be eligible for award. Prices quoted must reflect the quoter’s understanding of the requirement, ability to perform, and be considered fair and reasonable to the Government. Note that a price evaluation will be performed to determine the reasonableness of the quoted price. Reasonableness will be determined considering other competitive prices received and comparison to the independent Government estimate (IGE) or to any other information the Contracting Officer deems useful in their discretion. The Government will look at whether a quoted price is too high, possibly indicative of capabilities that exceed those needed for successful performance of the work; and may also consider whether a quoted price is too low, since this may indicate a lack of technical understanding on the quoter's part or a performance risk associated with the quote that the agency may not be willing to accept. FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (FEB 2021) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. (End of Provision)