12-046W-20-R-0001_Professional Photography Services Solicitation.pdf

SOLICITATION, OFFER AND AWARD 1.THIS CONTRACT IS A RATED ORDER RATING PAGE OF

UNDER DPAS (15 CFR 700) 1 35 PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE

12-046W-20-R-0001

SEALED BID (IFB)

03/27/2020

NUMBER

NEGOTIATED (RFP)

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

USDA Forest Service - Contracting North Mt. Hood National Forest - AQM 16400 Champion Way Sandy, Oregon 97055

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and 0 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in See Block 7 until 3:00 p.m. local time 04/24/2020

(Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

A. NAME

B. TELEPHONE NO. (NO COLLECT

CALLS)Area Code/Number/Extension

C. E-MAIL ADDRESS

CALL: Roxanne Anderson 503-668-1730 Roxanne.d.anderson@usda.gov

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 11-17

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2-3 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 4-7 X J LIST OF ATTACHMENTS 18

X D PACKAGING AND MARKING 7 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 7 X K REPRESENTATIONS, CERTIFICATIONS AND

19-27

X F DELIVERIES OR PERFORMANCE 8-9 OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 9 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 27-31

X H SPECIAL CONTRACT REQUIREMENTS 10 X M EVALUATION FACTORS FOR AWARD 32-33

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS

(See Section I, Clause No. 52-232-8) XXXXX % % % %

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated):

15A.

NAME AND

ADDRESS

OF OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or Print)

15B. TELEPHONE NO. (Include area code and extension)

15C. CHECK IF REMITTANCE ADDRESS

17. SIGNATURE

18. OFFER DATE

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

10 U.S.C. 2304 (c) ( ) 41 U.S.C. 253(c) ( ) (4 copies unless otherwise specified) 7

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

USDA Rural Development

Centralized Servicing Center 4300 Goodfellow Blvd. (FC-233), Bldg. 105E St. Louis, MO 63120-1703

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

ROXANNE ANDERSON (Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV.9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

RFP: 12-046W-20-R-0001

Professional Photography Services Blanket Purchase Agreement (BPA)

Pacific Northwest Region (Oregon and Washington)

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

Professional Photography Services - Pacific Northwest Region (Oregon and Washington)

B-1 - SCHEDULE OF ITEMS

The items to price in the table below are for evaluation and award purposes only.

Individual BPA calls will be solicited separately.

Description Unit Rates

Portrait Photography

Per Session

Per Image

Per Hour

Per Subject

Per Location

Environmental Portrait: Depict person(s) in a situation they work in or a place that says something about who they are

Per Image

Per Hour

Per Subject

Per Location

Landscape Photography: a variety of unique vantage points, lighting and scenes

Per Session

Per Image

Per Hour

Per Location

Location scouting

Action/Sports Photography: hiking, mountain biking, skiing

Per Session

Per Image

Per Hour

Per subject

Location scouting

Wildlife Photography

Per Session

Per Image

Per Hour

Location scouting

Event Photography

Per Session

Per Image

Per Hour

Per Event

Post-production (retouching or photo manipulation)

Per Session

Per Image

Per Hour

Digital Data Delivery

Travel/Mobilization Costs: based on GSA per diem rates (https://www.gsa.gov/travel/plan-book/per-diem-rates).

https://www.gsa.gov/travel/plan-book/per-diem-rates

PLACE OF PERFORMANCE

The performance will take place on various national forest locations throughout the Pacific Northwest (Oregon and Washington). The contractor shall coordinate with client to identify specific areas.

This solicitation is for contractors residing and working in the Pacific Northwest (Oregon or Washington).

Contractors shall be required to select zones closest to their place of residence or photography studio. Travel, transportation and mobilization costs are not covered outside of a 100 mile radius of the Contractor’s place of residence or photography studio. Any transportation/travel costs incurred outside of the 100 mile radius will be the responsibility of the contractor. Contractors may select multiple zones if they fall within the 100 mile radius.

ZONES:

The offeror shall indicate in the following table which areas they are interested in working. This information will assist in determining competition for each individual BPA Call. Check all that apply:

Areas

Yes I’m interested in this area

Zone 1: Mt. Baker-Snoqualmie National Forest and Olympic

National Forests

Zone 2: Okanogan-Wenatchee National Forest and Colville

National Forest

Zone 3: Gifford Pinchot National Forest, Mt. Hood National

Forest and Columbia River Gorge National Scenic Area

Zone 4: Willamette National Forest and Siuslaw National Forest

Zone 5: Umpqua National Forest and Rogue River-Siskiyou

National Forest

Zone 6: Deschutes National Forest and Ochoco National Forest

Zone 7: Wallowa-Whitman National Forest, Umatilla National

Forest, Malhuer National Forest

Zone 8: Freemont-Winema National Forest

NOTE: This solicitation will result in the award of multiple Blanket Purchase Agreements (BPAs). The dollar limitation for individual calls against the BPA shall not exceed the Simplified Acquisition Threshold as stated in Federal Acquisition Regulation 2.101. Since the needs of the Government and availability of

Contractor's resources cannot be determined in advance, it is mutually agreed that upon request of the

Government, the Contractor shall furnish the resources listed herein to the extent the Contractor is willing and able at the time the BPA call is solicited. Due to the sporadic occurrence of activity, the placement of any calls IS

NOT GUARANTEED.

The terms and conditions of the awarded Parent BPAs shall be incorporated in any resulting BPA Call. Orders under the awarded BPAs shall be fixed price.

The BPA period is from the date of award until cancelled, however, annual reviews will be conducted on each awarded BPA.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 - SCOPE OF CONTRACT

The general scope of this solicitation requires professional photography that highlights the vast diversity of landscapes, employees, individuals, families, and groups visiting and recreating on Forest Service lands in the

Pacific Northwest Region. Photography services include all personnel, management, photographic and lighting equipment, cameras, computers, software, tools, equipment, transportation, supply materials, and other services necessary.

Qualified contractors must have the capability to shoot still photographs on short notice (often 24 to 48 hours after contract is issued), to travel to remote forest and rangeland locations by personal vehicle or government conveyance, and to hike for moderate (2-5 miles) to long (5-10 miles) distances in steep terrain carrying gear needed for safety, sustenance, and to perform the work.

C-2 - PROJECT LOCATION

The performance will take place on various national forest locations throughout the Pacific Northwest (Oregon and Washington). The contractor shall coordinate with client to identify specific areas.

This solicitation is for contractors residing and working in the Pacific Northwest (Oregon or Washington).

Contractors shall be required to select zones closest to their place of residence or photography studio. Travel, transportation and mobilization costs are not covered outside of a 100 mile radius of the Contractor’s place of residence or photography studio. Any transportation/travel costs outside of the 100 mile radius are the responsibility of the contractor. Contractors may select multiple zones if they fall within the 100 mile radius.

Zone 1: Mt. Baker-Snoqualmie National Forest, Olympic National Forest

Zone 2: Okanogan-Wenatchee National Forest, Colville National Forest

Zone 3: Gifford Pinchot National Forest, Mt. Hood National Forest, Columbia River Gorge

National Scenic Area

Zone 4: Willamette National Forest, Siuslaw National Forest

Zone 5: Umpqua National Forest, Rouge River-Siskiyou National Forest

Zone 6: Deschutes National Forest, Ochoco National Forest

Zone 7: Wallowa-Whitman National Forest, Umatilla National Forest, Malheur National

Forest

Zone 8: Freemont-Winema National Forest

C-3 - WORK STANDARDS

Performance Requirements

Resume and portfolio of work shall be sufficiently detailed to demonstrate the contractor’s knowledge, skills and abilities.

The contractor must have the capability to provide the USDA Forest Service with professionally retouched, high resolution digital still JPEG images. RAW files shall be provided if requested by client along with the contractor’s selections of high resolution digital still JPEG file photographs.

Photographs taken by the contractor shall be taken with DSLR or DSLM camera (or equivalent). Camera settings should be set to obtain the maximum potential resolution of a picture. The minimum image resolution must be a minimum of 3,000 pixels per inch at the image’s widest length OR follow the image size resolutions below.

For an 8" x 10" image, the resolution should be 2240x1680 pixels.

For a 16" x 20" image, the resolution should be 3072x2304 pixels.

For a 20" x 30" image, the resolution should be 3264x2448 pixels.

The contractor shall edit, log, file, and label all digital still photographs delivered. Digital still photographs shall be individually catalogued by photographer name, location, month and year shot, keyword descriptors, and location to facilitate storage and retrieval. Catalogue information shall be embedded in each image’s metadata.

For each still photography task order, the Contractor shall provide one or more of the following containing the digital still photographs with labels that clearly indicate their content:

Contractor shall provide a download link for a dedicated online photo gallery. (File hosting services or cloud storage links such as Dropbox will not be accepted due to firewall restrictions.) Download link shall be available to client for 20 business days after notification of posting.

CD/DVD discs

USB drives

External hard drives or other portable stored memory devices

Forest Service Box (Pinyon) public folder – client will provide upload information and links

Digital still photographs on portable stored memory device shall be delivered by USP or FedEx, with tracking numbers provided to the client or delivered in person.

All work that contractor delivers to the client should be considered accepted unless the client notifies contractor within 15 days of shipment.

Photos must meet the following criteria:

Sufficient quality both in terms of composition, exposure and image resolution for national and printed publications, websites, digital presentations, social media, and in four and five color printing processes.

Well lit, in sharp focus, and free of dirt and scratches

A full tonal range, with visible detail in both shadow and highlighted areas.

Shot at various angles and orientations (horizontal and vertical), which are necessary for placement in traditional media, online pages, social media sites, web banners and ads, etc.

All images should be checked at 100% (actual pixels) for correct exposure, color cast, noise, camera shake and that no sharpening has been applied etc. using professional imaging software.

C-4 - CONTRACTOR’S OBLIGATIONS

ADDITIONS, MODIFICATIONS, RETAKES

If client (Government) requests additions or modifications, contractor will respond with a change order form to acknowledge the Governments’ request that is outside of the original scope for the project. Compensation for a change order can be calculated as a fixed fee.

LICENSE/COPYRIGHT

Transfer of ownership is contingent upon receipt of full payment from the client for photography services. Upon completion of the services, and expressly conditioned upon full payment of all fees and costs due, Contractor hereby grants to Government the exclusive, perpetual and worldwide right and license to use, reproduce and display the photos.

Ownership rights allows the Government to do the following with the images with photo credit embedded into the metadata:

1. Reproducing the photograph in print, email, electronically transfer, websites and social media websites.

Including but not limited to: advertising, marketing, and educational products. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums.

2. Prepare derivative works based upon the photograph;

3. Distribute copies of the photograph in the public domain;

4. Display the photograph publicly; in any not-for-profit manner or purpose whatsoever.

The Government will retain physical possession of the digital files of still photographs taken under this agreement, as well as any hard copies of the still photographs and the copyright, in accordance with Federal

Acquisition Regulations (FAR) subpart 27.4, Sections 27.404 and 27.405.

The Contractor has the right to establish claim to copyright subsisting in still photographs first produced in the performance of this agreement. The Contractor has the right to sell the still photographs for use in publications, including news media outlets, or for other for- profit purposes as desired. The Contractor shall affix the applicable copyright notices of 17 U.S. Code 401 or 402 and an acknowledgement of Government sponsorship to any still photographs so used.

MODEL RELEASE

Photography must obtain model release forms for any identifiable subjects and submit to the Government with the digital still photographs. Identifiable features can also include tattoos, characteristic marks, silhouettes, or uniforms. Those under 18 need a signature from their parent or legal guardian.

CONTRACTOR RESPONSIBILITIES

The Contractor shall supply all labor, equipment, supplies, transportation, operating supplies and incidentals necessary to provide deliverable to the USDA Forest Service in accordance with specifications described within

Description and Scope.

The contractor shall have the capability to travel to remote forest and rangeland locations by commercial carrier, personal or rental vehicle; to endure temperatures extremes; to follow instructions from Forest Service personnel assigned to assist them; and to hike for moderate to long distances in steep terrain carrying gear needed for safety, sustenance, and to perform the work.

The Contractor shall furnish high quality still photographs and services in accordance with the specifications described herein, if and when requested by the Contracting Officer (CO) or authorized representative of the CO during the life of this agreement.

The contractor shall meet and maintain any qualifications required to complete tasks under this BPA.

The Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

Comprehensive General Liability: $500,000

Comprehensive Automobile Liability: $200,000 $500,000 $20,000

Workmen’s Compensation and Liability Insurance: As prescribed or required by law, with minimum employer liability limit of $100,000 for accidental bodily injury or death, or for occupational disease.)

The contractor is responsible for implementing standard commercial practices for accident prevention and safety practices when performing the requirements stipulated in the statement of work or performance work statement of this contract.

The Contractor shall comply with the requirements of the Department of Labor Occupational Safety and Health

Act (OSHA) and to Federal, State and Local laws, rules and regulations regarding accident prevention and safety requirements.

Government emergency vehicles and medical personnel may be used in emergency situations affecting Contractor personnel whose life may be in danger. Government facilities may be used in these instances as the first point of treatment. Contractor employees and not the Government will bear all medical expenses.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

E-1 - 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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.246-4 Inspection of Services--Fixed-Price (AUG 1996) http://www.arnet.gov/far/

SECTION F--DELIVERIES OR PERFORMANCE

F-1 - 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): www.arnet.gov/far/

52.242-15 Stop Work Order (AUG 1989)

F-2 - PERIOD OF PERFORMANCE

The Parent Blanket Purchase Agreement (BPA) period is from the date of award until cancelled, however, annual reviews will be conducted on each awarded BPA.

Each BPA Call will specify the actual Period of Performance for that specific award.

The Contractor shall be required to (a) commence work under the contract within ten calendar days after the date the Contractor receives the Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the dates shown in the above paragraph. The time stated for completion shall include final edits.

F-3 – PURCHASE LIMITATIONS

The dollar limitations for each individual purchase and each BPA as a whole are as follows:

Prices for the services shall be paid in accordance with the BPA Call line item prices.

Orders against this BPA become binding once the contractor has agreed to an assignment and services from an authorized caller.

The minimum order dollar amount for items under this agreement is $1,500.00.

No single order shall exceed the simplified acquisition threshold.

This BPA may be cancelled for default immediately, by the Government, if the contractor is noncompliant with the terms and conditions of this agreement.

This BPA may be cancelled by either party at no cost with a 30 days written notice.

The Government is under no obligation to purchase from the contractor under this BPA. The Government is obligated only to the extent of authorized purchases actually made under this BPA.

COMPLIANCE WITH LAWS

Photographer shall use commercially reasonable efforts to ensure that all Final Deliverables shall be designed to comply with the applicable rules and regulations such as the Americans with Disabilities Act (“ADA”). However, photographer is not an expert and makes no representations or warranties in connection with compliance with such rules, codes or regulations. The compliance of the Final Deliverables with any such rule, codes or regulations shall be the responsibility of Client. Photographer shall use commercially reasonable efforts to ensure the suitability and conformance of the Final Deliverables.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 - AGAR 452.215-73 – POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 30 days after the date of contract award. The conference will be held at (time and place to be agreed upon and announced after award).

G-2 – GOVERNMENT-FURNISHED PROPERTY

None

G-3 - DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative(s) (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly.

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting

Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 - AGAR 452.237-74 – KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: On-Site Lead (s)

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The

Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the

Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the

Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

SECTION I--CONTRACT CLAUSES

I-1 – 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 address:

https://www.acquisition.gov/

52.202-1 Definitions (NOV 2013)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant against Contingent Fees (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203-7 Anti-Kickback Procedures (MAY 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)

52.215-2 Audit and Records -- Negotiation (OCT 2010)

52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

52.219-8 Utilization of Small Business Concerns (OCT 2018)

52.219-14 Limitations on Subcontracting (JAN 2017)

52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (MAR 2018)

52.222-21 Prohibition of Segregated Facilities (APR 2015)

52.222-26 Equal Opportunity (SEP 2016)

52.222-35 Equal Opportunity for Veterans (OCT 2015)

52.222-36 Affirmative Action for Workers with Disabilities (JUL 2014)

52.222-37 Employment Reports Veterans (FEB 2016)

52.222-41 Service Contract Act of 1965, as Amended (AUG 2018)

52.222-44 Fair Labor Standards Act and Service Contract Act--Price Adjustment (MAY 2014)

52.222-50 Combating Trafficking in Persons (JAN 2019)

52.222-54 Employment Eligibility Verification (OCT 2015)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

52.229-3 Federal, State, and Local Taxes (FEB 2013)

52.232-1 Payments (APR 1984)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-9 Limitation on Withholding of Payments (APR 1984)

52.232-11 Extras (APR 1984)

52.232-17 Interest (MAY 2014)

52.232-23 Assignment of Claims (MAY 2014)

52.232-25 Prompt Payment (JAN 2017)

52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT 2018)

52.233-1 Disputes (MAY 2014)

52.233-3 Protest after Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-3 Site Investigation and conditions Affecting the work (APR 1984)

52.236-6 Superintendence by Contractor (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.242-13 Bankruptcy (JUL 1995)

52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984)

52.244-6 Subcontracts for Commercial Items (AUG 2019)

52.245-1 Government Property (JAN 2017)

52.245-9 Use and Charges (APR 2012)

52.246-25 Limitation of Liability—Services (FEB 1997)

52.248-1 Value Engineering (OCT 2010)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-77 Emergency Response (NOV 1996)

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988)

452.237-75 Restrictions Against Disclosure (FEB 1988)

I-2 – BPA CALL ISSUANCE

Warranted Contracting Officers within Region 6 are authorized to place BPA Calls against this contract within their delegated warrant authority.

(a) The Contracting Officer’s (CO) decision to issue a BPA Call to a particular awardee will be based on the criteria stated below. The CO shall give each BPA awardee a “fair opportunity” to be considered for each order in excess of $1,500.

(b) Selection Criteria for Awarding Task Order. The Government will evaluate the quotes against stated selection criteria, of which price will always be a factor. Additional information such as technical approach, quality control plan, and a safety plan not previously submitted may be requested and evaluated prior to awarding BPA Calls. Single or multiple awards may be made for individual BPA Calls, as specified on the quotation.

(c) Process

1. A warranted Contracting Officer must issue all BPA Calls. When services are required, a Request for Quotation (RFQ) will be sent to each qualified Contractor from the list of BPA awardees resulting from this solicitation. Each quotation request will include the required due date, specific instructions for the submission for quotes, the selection criteria factors, and other information deemed appropriate.

2. Awardees resulting from this solicitation will generally be allowed a minimum of 5 working days to prepare and submit quotes, however, more or less time may be necessary based on the requirements.

If an awardee is unable to perform a requirement, the awardee may submit “NO QUOTE” to the quotation request. While no mandatory requirement exists for the submission of a quote, continual failure to respond may be considered during the annual BPA review process.

3. BPA Calls: All BPA Calls will be issued on a firm fixed-price basis. BPA Calls may be issued verbally, by facsimile, or by electronic commerce methods. Verbal BPA Calls will be backed up by a written order.

I-3 – FAR 52.204-7 – System for Award Management (OCT 2018)

(a) Definitions. As used in this provision—

“Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional

System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM)” means that–

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the

Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of

Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer

Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)

(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.t

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in

SAM should consider applying for registration immediately upon receipt of this solicitation. See https://ww.sam.gov for information on registration.

I-4 – AGAR 452.209-71 – ASSURANCE REGARDING FELONY CONVICTIONS OR TAX

DELINQUENT STATUS FOR CORPORATE APPLICANTS (FEB 2012) ALTERNATE I

(FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-

74), Division E, Sections 433 and 434 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 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 Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

I-5 - FAR 52.219-28 - POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(JUL 2013)

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend

Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the

Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and

Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

rn under NAICS Code __541922____ assigned to contract number ______________.

[Contractor to sign and date and insert authorized signer’s name and title].

[Contractor to sign and date and insert authorized signer’s name and title].

I-6 – FAR 52.222-42 - STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29

CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

THIS STATEMENT IS FOR INFORMATION ONLY; IT IS NOT A WAGE DETERMINATION

HOURLY COMPENSATION

Employee Class Monetary Wage-

Fringe Benefits*

GS-12 $39.23

I-7 – FAR 52.236-2 – DIFFERING SITE CONDITIONS (APR 1984)

N/A

I-8 – FAR 52.236-7 - PERMITS AND RESPONSIBILITIES (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occurs as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

I-9 – FAR 52.236-8 – OTHER CONTRACTS (APR 1984)

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

SECTION J--LIST OF DOCUMENTS, EXHIBITS, AND ATTACHMENTS

J-1 – ATTACHMENTS

Wage Determinations (The following wage determinations are for information only. Each BPA Call will contain the most current wage determination for the area in which the services will be performed.)

U.S. Department of Labor Wage Determination (Oregon), Attached Zip File of All Counties

U.S. Department of Labor Wage Determination (Washington), Attached Zip File of All Counties

Attachments - Inserted

The following attachments are made a part of this solicitation and any resultant contract:

Exhibit A Experience Questionnaire

(a Resume which addresses all pertinent information will be accepted in lieu of the

Questionnaire form). Inserted at the end of this solicitation

SECTION K--REPRESENTATIONS, CERTIFICATIONS, ANDOTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

K-1 - NOTE: Offerors should address questions concerning VETS-100 reporting and reporting requirements to the Office of Veterans Employment and Training Services offices at the following address:

U. S. Department of Labor

VETS-100 Reporting

4200 Forbes Blvd., Suite 202

Lanham, MD 20703

Telephone: (301) 306-6752

Website: www.vets100.cudenver.edu

Reporting Questions: HelpDesk@vets100.com

Reporting Verification: Verify@vets100.com

K-2 - 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): all

--NAICS Code 541922

--Size Standard $8.0 million

The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is

500 employees.

K-3 - 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):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions (SEP 2007)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions

Relating to Iran--Representation and Certifications (AUG 2018) mailto:Verify@vets100.com http://www.usda.gov/procurement/policy/agar.html

K-4 – FAR 52.204-8 - ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2020)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is

_____541922____.

(2) The small business size standard is ____$8.0 M____.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is

500 employees.

(b) (1)If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph

(d) of this provision applies.

(2)If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the

Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i)□ Paragraph (d) applies.

(ii)□ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52203-2-certificate-independent-price-determination#i1063268 https://www.acquisition.gov/content/part-13-simplified-acquisition-procedures#i1112458 https://www.acquisition.gov/content/52203-11-certification-and-disclosure-regarding-payments-influence-certain-federal-transactions#i1063408 https://www.acquisition.gov/content/52203-18-prohibition-contracting-entities-require-certain-internal-confidentiality-agreements-or-statements-representation#i52_203-18 https://www.acquisition.gov/content/52204-3-taxpayer-identification#i1063736 https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52204-5-women-owned-business-other-small-business#i1063796

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the

Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast

Guard.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative

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