The United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS), National Service Delivery Team 3, Raleigh, NC 27609 intends to award several Blanket Purchase Agreements under FAR Part 13 Simplified Acquisition Procedures (SAP). This is a combined synopsis/solicitation for a commercial service prepared in accordance with the format outlined in FAR Subparts 12.6 and 13.303, as supplemented with the additional information included in this notice. This announcement incorporates provisions, and clauses current through the Federal Acquisition circular (FAC) 2005-95. The North American Industry Classification System (NAICS) code is 541620, with a size standard of $15,000,000. This acquisition is a Total Small Business Set-aside under FAR Part 19.501. This announcement is to notify all interested parties of the Governments intent to award a minimum of three (3) and maximum of five (5) Blanket Purchase Agreements (BPAs) to those qualified firms that demonstrate they are capable of providing the required services. This notice constitutes the only solicitation; a written solicitation will not be issued. Responses and quotes are requested. In order to be considered for award of a BPA's, a firm shall communicate their interest and capability by responding to the requirements set forth in this announcement. Attached is a Performance Work Statement that sets forth the general requirement for providing Wetland Mitigation Services in the State of North Dakota. BPA Duration / Extent of obligation. 1) The BPA duration will be for five (5) years, subject to annual review. 2) The establishment of the BPA does not imply any agreement on the part of the Government to place future contracts or orders with the BPA holder. The Government makes no representation as to the number of calls or actual amount of work to be ordered. Purchase limitation. No single call shall exceed $25,000.00. The aggregate amount for all calls for the five years shall not exceed $500,000.00. BPA PROPOSAL SUBMISSION: Responses to this announcement shall include the following submissions: 1) Experience:See Attached BPA Section VII 2) Price List. Provide labor rates offered for this BPA for the base year and each subsequent option year. 3) Past Performance: a) Short narrative describing the capabilities and resources of your firm that allow for successfully performance of Wetland Mitigation Services work. b) Submission of Past performance Form by previous clients identified in #1) above. (See Appendix A - Past Performance Questionnaire) No hard copies shall be accepted. Submit electronic copies of proposal to [email protected]. Contractor should call 919-873-2121 to confirm receipt. System for Awards Management (SAM). All offerors must be registered in SAM. If not currently listed in SAM. Registration may be accomplished at https://www.sam.gov/portal/public/SAM/. Place of Performance: The work to be performed under this agreement will be performed in the State of North Dakota. Period of Performance: Each agreement will be five (5) years subject to annual review. FAR 52.204-7 -- System for Award Management. (Oct 2016) (P) 52.204-9 -- Personal Identity Verification of Contractor Personnel. (Jan 2011) (C) 52.204-10 - Reporting Executive Compensation and First-Tier Subcontract Awards. (Oct 2016)(C) 52.204-16 --Commercial and Government Entity Code Reporting. (Jul 2016) (P) 52.204-18 --Commercial and Government Entity Code Maintenance. (Jul 2016) (P) 52.204-19 - Incorporation by Reference of Representations and Certifications. (Dec 2014) (C) 52.209-1 -- Qualification Requirements. (Feb 1995) (C)(F) 52.209-10 - Prohibition on Contracting With Inverted Domestic Corporations. (Nov 2015) (C) 52.212-1 - Instructions to Offerors- Commercial Items. (Jan 2017) (P) 52.212-4 - Contract Terms And Conditions-- Commercial Items (Jan 2017) (C) 52.219-6 -- Notice of Total Small Business Set-Aside. (Nov 2011) (C) 52.219-28 - Post-Award Small Business Program Representation. (Jul 2013) (C) 52.222-3 -- Convict Labor. (June 2003) (C) 52.222-26 -- Equal Opportunity. (Sep 2016) (C) 52.222-36 - Equal Opportunity for Workers with Disabilities. (Jul 2014) (C) 52.222-41 -- Service Contract Labor Standards. (May 2014) (C) 52.222-50 -- Combating Trafficking in Persons. (Mar 2015) (C) 52.225-13 -- Restrictions on Certain Foreign Purchases. (Jun 2008) (C) 52.232-1 - Payments. (Apr. 1984) (C) 52.232-23 -- Assignment of Claims. (May 2014) (C) 52.232-33 -- Payment by Electronic Funds Transfer-- System for Award Management. (Jul. 2013) 52.232-34 -- Payment by Electronic Funds Transfer--Other Than System for Award Management. (Jul 2013) (C) 52.233-4 -- Applicable Law for Breach of Contract Claim. (C) 52.243-1 -- Changes -- Fixed-Price Alternate I (Apr 1984). (C) 52.246-25 -- Limitation of Liability - Services. (Feb 1997) (C) 52.247-12 -- Supervision, Labor, or Materials. (Apr 1984) (C) 52.252-1 -- Solicitation Provisions Incorporated by Reference. (Feb 1998) (C) 52.252-2 -- Clauses Incorporated by Reference. (Feb 1998) (C) 52.209-2 -- Prohibition on Contracting with Inverted Domestic Corporations--Representation. (Nov 2015) (P) (F) 52.204-21 - Basic Safeguarding of Covered Contractor Information Systems. (Jun 2016) (C)(F) 52.212-3 - Offerors Representations and Certifications-Commercial Items. (Oct 2016) (P)(F) 52.222-42 -- Statement of Equivalent Rates for Federal Hires. (May 2014) (C)(F) 52.212-2 -- EVALUATION -- COMMERCIAL ITEMS. As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: Evaluation -- Commercial Items (Oct 2014) (a) The Government will award a Blanket Purchase Agreement 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: (i) TECHNICAL CAPABILITY (ii) PAST PERFORMANCE (see FAR 15.304); (iii) PRICE; Technical and past performance, when combined, are more important than PRICE. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2017) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records --Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d) (2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Non displacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. (xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). (xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). (xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.(xx) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 52.252-6 -- AUTHORIZED DEVIATIONS IN CLAUSES (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 DFARS (48 CFR Part 201) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) The following terms and conditions are required in accordance with FAR 13.303-3 1. Description of agreement. The supplier shall furnish the services when they are requested by the Contracting Officer (CO) or an authorized representative of the CO over the life of the agreement and within the call authorities of the CO or authorized representative of the CO. 2. Extent of obligation. The government is obligated only to the extent of authorized calls actually placed against this blanket purchase agreement. No minimum purchases are guaranteed. 3. Pricing. The prices offered the government shall be as low, if not lower, than those charged the offeror's most favored customer, in addition to any discounts for prompt payment. 4. Call limitation. No individual call placed under this agreement shall exceed $25,000.00. 5. Period of performance. This period of performance for this BPA will be five (5) years from the effective date. 6. Delivery tickets. Submission of completed work for each call a under this agreement shall be accompanied by one copy of the delivery ticket which shall contain the following minimum information. a. Name of Company; b. BPA number c. Date of call; d. Call number; e. Itemized list of services furnished; f. Quantity, unit price, and extension of each item less applicable g. Discounts (unit prices and extension need not be shown when Incompatible with the use of automated systems, provided that the invoice is itemized to show this information); h. Date of delivery; and i. Name of person that placed call. 7. Individuals authorized to place calls and dollar limitations. Any Contracting Officers/Specialists assigned to the USDA-NRCS. 8. All over the micro-purchase limit calls placed under this BPA will be competed between BPA holders supporting real estate abstracting and title services in Minnesota.