1240BE24Q0118_final_solicitation.pdf

Solicitation Number: 1240BE24Q0118 Dated 9/20/2024

FAC 2024-05 May 22, 2024

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation (FAR), 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 is issued as a Request for Quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05.

(iv) This procurement is set aside for 100% Small Business. The NAICS code is 115310 – Support Activities for Forestry and the Small Business Size Standard is $11.5 million.

(v) Schedule of Items/Price Schedule

Project Description: Wallowa Whitman National Forest Invasive Plant Treatment and Restoration IDIQ Contract

Vendor Name: __________________________________Vendor UEI:___________________

Item Supplies/Services Qty Unit of

Issue

Unit Price Total Price

0001 Task Order 1: Chesnimnus Medusahead

0001AA Chemical Treatment (*RA) 80 Acres $ $ 0001AB Inventory (*RA) 1000 Acres $ $

TOTAL TASK ORDER #1: $

0002 Task Order 2: Upper Grande Ronde River

Mining Road

0002AA Chemical Treatment (*RA) 57 Acres $ $ 0002AB Chemical Treatment (**NA) 4 Acres $ $ 0002AC Inventory (**NA) 195 Acres $ $

TOTAL TASK ORDER #2: $

0003 Task Order 3: Rural Airstrips 2025-2027

0003AA Chemical Treatment (**NA) Red’s Horse Ranch (2026-2027)

20 Acres $ $

0003AB Chemical Treatment (**NA) Cache Creek (2026-2027)

20 Acres $ $

0003AC Chemical Treatment (**NA) Pittsburg (2026-2027)

20 Acres $ $

0003AD Chemical Treatment (*RA) B&H (2026-2027)

20 Acres $ $

0003AE Chemical Treatment (*RA) Dug Bar (2025-2027)

30 Acres $ $

FAC 2024-05 May 22, 2024

0003AF Chemical Treatment (**NA) Temperance Creek (2025-2027)

45 Acres $ $

0003AG Chemical Treatment (**NA) Big Bar (2025-2027)

15 Acres $ $

0003AH Chemical Treatment (**NA) Sluice Creek (2025-2027)

15 Acres $ $

0003AI Chemical Treatment (**NA) Salmon Bar (2025-2027)

15 Acres $ $

0003AJ Inventory (**NA) Lord Flat (2026- 2027)

20 Acres $ $

0003AK Inventory (**NA) Memaloose (2026- 2027)

20 Acres $ $

TOTAL TASK ORDER #3: $

0004 Restoration. No work identified at this time

*RA = Roaded Access **NA = Non-Roaded Access

Schedule Notes:

a) Multiple awards will be made from this solicitation, for initial evaluation purposes contractors must submit pricing for all items. A maximum of 5 awards will be made.

b) AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988) - During the period specified in FAR clause FAR 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $1,000.00 , but not in excess of an aggregate of $999,999.99.

c) Task Orders issued with the three initial requests will serve as the Minimum Order Guarantee for those contract awards. The other awardees will receive a task order of the minimum order guarantee of $1,000.00. Awardees’ which receive a minimum order guarantee only task order will discount a single future competitive award by $1,000.00 upon Government award.

d) Individual task orders will be issued for various items over a period of five years.

Performance specifications may vary by task order.

(vi) Description of Requirement, Location, and Inspection

This solicitation will result in an Indefinite Delivery, Indefinite Quantity (IDIQ), performance-based service contract spanning 5 years. The estimated quantity shown in the Schedule of Services is not a representation that the estimated quantity will be required or ordered, the Government cannot predetermine the precise quantities that will be ordered during the contract period. Task Orders will be completed and issued with Actual Quantities throughout the period.

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 take precedence.

This solicitation is for all Ranger Districts of the Wallowa-Whitman National Forest within the Blue Mountain Area.

FAC 2024-05 May 22, 2024

The contractor shall furnish everything necessary to perform this contract including, but not limited to, all labor, equipment, supervision, transportation, supplies (except those designated as Government furnished) and incidentals.

The appropriate current State Pesticide Applicator’s license shall be required for herbicide application.

All Federal and State rules and regulations shall be followed as well as appropriate Forest guidelines. The Federal and State rules and regulations include, but are not limited to:

1. Disposal of Containers

2. Herbicide Spills

3. Procedure First Aid

4. Storage and Transportation

The Forest guidelines will include, but are not limited to:

1. Region 6 Invasive Plant Program EIS

2. Wallowa Whitman NF Invasive Plants Treatment Project EIS

3. Approved herbicides

4. Project Design Features to address site-specific resource conditions

5. Best management practices and spray regulations (such as calibration and equipment checks, procedure for application, protection of water quality/fisheries habitat, etc.).

6. Equipment cleaning

The desired outcome of this contract is the detection and control of invasive plants and site restoration. The methods used to accomplish this objective are part of the Integrated Weed Management strategy. These methods, as stated in the Schedule of Supplies and Services, are further described as:

1. Inventory – All field inventories for invasive plants shall be conducted in such a manner as to assure that the desired outcome will be a representative cross-section of major topographic features, high, moderate, and low probability habitats for invasive plants as identified on the county priority list by surveyed walking or riding routes.

Each unit shall be surveyed intensively enough to locate all priority listed invasive plants. This should result in physically covering 95% of the ground and leaving no un-surveyed areas greater than three acres per 100 acre unit.

All proposed projects with associated ground disturbance (fence construction, mining, stream and water improvements, road, trail, etc.) shall require a 100% inventory survey.

2. Treatment - Chemical (RA) – These treatment sites will be located in roaded areas where motorized equipment and vehicles are allowed. This includes vehicles, ATV, motorized pumps, and equipment. It shall include treatment of a defined project area with approved weed site and spread area identified for treatment with Regional and Forest approved herbicides. Each individual site shall be thoroughly covered and priority species treated prior to moving to the next site within the project area. Emphasis shall be placed in areas most susceptible to spread, such as high use areas trails, and along water ways to minimize spread potential. All treatments shall require following all Federal and State guidelines, as defined per Forest. Treatment shall consist mainly of spot spraying on target and priority invasive plants found within the defined project area. Extra caution is needed to minimize off target treatments and effects. Herbicide applications of target species can be very effective provided proper timing, rate of application and plant development stage.

3. Treatment – Chemical (NA) – Treatment prescriptions are the same as described in item 2, however the project areas will be located in non roaded areas. These areas can be located in steep, remote country. Some shall be located in Wilderness where no motorized or mechanized equipment is allowed. A minimal use tool analysis will be completed for wilderness to authorize motorized pumps via stock support prior to contract start work dates. All project areas shall require access via foot or horse.

4. Restoration – (RA) – This shall include seeding or planting degraded and treated sites to out-compete invasive plants and to fill vacant and available niches created by removal of a weed species. Approved seed mixes and/or species will be provided per task order. Project areas shall be identified and work might include seed bed preparation, seed distribution, and/or planting of grass plugs, shrubs, or other specified species. These treatment sites shall be located in roaded areas where motorized equipment and vehicles are allowed. This includes vehicles, ATV, motorized pumps, and equipment.

FAC 2024-05 May 22, 2024

5. Restoration – (NA) – Restoration activities are the same as described in item 4, however, project areas will be located in non-roaded areas only accessible via foot and horse.

Measurable Performance Standards:

1. Inventory – All inventory/survey routes and sites shall be recorded using a GPS device which will be downloaded to provide tracks, site location and specifics, and treatment status. Recorded information shall include tracks, location, species of weeds, size and density of patch and whether or not it was treated. Photo points will be established for each site with a location to track treatment efficacy.

2-3. Treatment (Chemical) – Upon completion, the project area shall result in the treatment of 90% of the invasive plants located within the project area. Each site shall be thoroughly treated prior to moving to the next site within the project area. Only approved herbicides and label rates are to be used when applying herbicides. A dye marker shall be used during treatment for inspection purposes. All associated treatment records, GPS data, maps, tracks, and associated field notes shall be submitted upon project completion.

4-5. Restoration – Project areas shall be inspected for vegetative success, or 80% of the project areas demonstrating even seed distribution and/or germination and/or live growth. It shall also include inspection of seed bed preparation if applicable. Records indicating seed mix (as recommended), rate, weather, date, and other associated information shall be submitted upon project completion.

Acceptable Quality Levels (AQLs):

1. Inventory - Payment will be made per gross acre or mile for successfully completed inventory. Standards for completeness and accuracy for inventory will be based on the GPS track records, site documentation, photo points, and field notes for the specified inventory area. It may also involve periodic inspections to verify recorded GPS site and photo point locations. Timing of inventories will be determined by plant phenology and site location.

2-3. Treatment (Chemical) – Payment will be based on the completion of treating at least 90% of the invasive plants identified within the project area or per site, however individual sites and high use areas should demonstrate an above 90% average of treated priority weeds. Payment will be by net acres treated. GPS track records, photo points and application records will be used to determine completeness. Accuracy will be determined by visual inspection of treated invasive plants. Deductions may occur for less than 90% plants treated, incomplete records, or failure to achieve contract requirements.

4-5. Restoration – Payment will be made per gross acre and measured by visual observation of seed distribution and/or germination. If appropriate, pertinent GPS track records will be used to verify distribution. It may also require documentation of the pounds of seed applied, or number of plants planted.

(i) Monitoring Method

The Government will make periodic inspections as a basis for acceptance and payment. The Contractor is encouraged to observe inspections while they are being made. If a random inspection of 10% of the sites does not reflect that 90% of the treated species have been impacted by the herbicides, all treated sites shall be inspected. If inspections of all sites reflect an impacted rate of less than 90%, the Contractor shall be required to treat the plants missed at no additional cost to the Government. The Government has the option of reducing total payment to cover the cost of inspecting all sites and monitoring the treatment of missed plants. Upon completion and approval of site applications and submittal and approval of required records, contractor shall submit an invoice.

This method of inspection is also valid for restoration, but in this case the project area must show an 80% even distribution of seed and/or seed germination and/or growth. Backcountry restoration projects are in their infancy and numerous factors are responsible for the success. Some of these factors include weather, moisture, site location, seed mix, wildlife, and recreation impacts. Therefore it is important that all records be obtained upon project completion. This will allow the contracting agency the opportunity to better evaluate restoration projects.

FAC 2024-05 May 22, 2024

(ii) Incentives/Disincentives for Meeting or Not Meeting the Performance Standards

Performance and quality of completed project will be reflected in the required performance evaluation and made available for contractor to view.

CONTRACTOR QUALITY CONTROL SYSTEM

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

The Contractor shall provide a job-specific quality control plan at the post award conference.

GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Government will review all GPS data showing inventory tracks and site data. This will assure all high probably areas have been inventoried and all approved sites treated. In addition, site inspections to guarantee treatment effectiveness will be conducted. Upon inspection, plants should show signs of treatment. These signs could include evidence of dye, curling of leaves, wilting, discolor, or other signs of treatment. In the case of restoration, the site should show even seed distribution and/or germination.

MEASUREMENT AND PAYMENT

All inventory and restoration acres will be via gross acres and identified as a polygon on the project map. Inventory may be via acres or miles if inventory is located along trails, rivers, or other linear travel corridors. All herbicide treatment bids will be via net acres. The estimated net acres are only that, an estimate, which is reflected on the Task Order as acres to be treated via approved herbicides. The 15% variation option will apply to this contract.

Payment will be made on completion and approval of work as identified in the measurable standards and Government Quality Assurance Surveillance plan.

REQUIREMENTS RELATED TO VEGETATION MANAGEMENT PROJECTS

(a) Applicability

In accordance with the Final Environmental Impact Statement (FEIS) for "Managing Competing and Unwanted Vegetation in the Pacific Northwest Region," several requirements are being implemented under our contracts that involve vegetation management. This contract involves work that falls within coverage of the FEIS, and therefore requires compliance with applicable provisions below. These requirements apply to all vegetation management projects within coverage of the FEIS, whether accomplished by manual, mechanical, prescribed fire, biological, or herbicide methods.

(b) Reports and Notice Requirements

(1) The contractor shall prepare and submit, after work is completed but prior to final payment under this contract, a report which includes:

(A) The vegetation management treatment method used;

(B) Names of each person who worked on the project, license #, their assignment, dates of actual work, and a list of the protective clothing and equipment used;

(C) Details of all exposure incidents, accidents, and/or worker health complaints, if any occurred;

FAC 2024-05 May 22, 2024

(D) If the project involves use of herbicides, the exact identity of the product used, its formulation, manufacturer, mixture, and method of application; and,

(E) If the project involves use of herbicides, a certification that the health information required by the ROD as amended was provided to all employees in a language they could understand.

(2) The contractor shall provide to its employees (including subcontractor personnel) a copy of a bilingual form entitled, "Health Effects Reporting Form for Vegetation Management Projects in the Pacific Northwest Region," forms R6-FS-2100-10 and R6-FS-2100-10S (Spanish language version). This form is to be provided to employees for voluntary completion and submission to the Government, for reporting injuries or exposures while the employee is performing vegetation management work under this contract.

This form may also be completed by any persons, including private citizens and Government employees, who wish to report injuries or exposures as a consequence of the contract work. A copy of this form is included for reference in the attachments of this contract.

(c) Restrictions on Personnel Assignments for Herbicide Projects

(1) All employees who do not want exposure to the herbicides Chlorsulfuron, Metsulfuron-methyl, Sulfometuron methyl, Imazapic, Imazapyr, Picloram, Clopyralid, Triclopyr, Glyphosate, Sethoxydin, and aminopyralid will be given alternate work assignments not involving direct contact with these herbicides.

(2) Workers who are hypersensitive to the herbicides used in a project covered by these provisions shall not be used in positions in which they may come into direct contact with the herbicides. Workers who display symptoms of hypersensitivity to herbicides during application shall be removed from direct contact with the herbicides.

(d) Requirements to Inform Workers of Potential Health Hazards

(1) Prior to beginning any project utilizing the herbicides Chlorsulfuron, Metsulfuron-methyl, Sulfometuron methyl, Imazapic, Imazapyr, Picloram, Clopyralid, Triclopyr, Glyphosate, Sethoxydin, and aminopyralid, each worker shall be provided with a copy of the "Methods Information Profile for Herbicides" and the relevant "Herbicide Information Profiles" produced by the Pacific Northwest Region.

If the worker cannot read English, the information in these profiles will be explained in a language the worker can understand.

(2) Each worker shall sign a statement indicating that she or he has reviewed the material, and either agrees to work on the project as assigned, or requests another assignment. The statements will be provided to the COR prior to commencement of work.

(e) Equipment and Clothing Requirements

(1) For projects utilizing the herbicides Chlorsulfuron, Metsulfuron-methyl, Sulfometuron methyl, Imazapic, Imazapyr, Picloram, Clopyralid, Triclopyr, Glyphosate, Sethoxydin, and aminopyralid all equipment and clothing required by the R6 2005 ROD shall be on-site prior to commencement of work.

(2) The COR will assure compliance with these requirements prior to authorizing commencement of work.

(f) Penalties for Non-compliance

Failure by the Contractor to comply with these requirements will be grounds for contract termination or other remedies provided under the Default clause and other provisions of this contract. State and Federal health and safety agencies may also have grounds for action in cases of noncompliance with applicable laws, rules, and regulations.

FAC 2024-05 May 22, 2024

(g) Government Not Liable for Accidents and Exposures

The Government will not accept any liability for accidents and exposures resulting from work under this contract, except in cases in which it is shown that there was a direct action of the Government or its employees which caused the accident or exposure. Otherwise, the Contractor retains responsibility for accidents and exposures that occur during work under this contract.

(vii) Period of Performance

Generally, the management associated with invasive plants occurs April through October. However, this management period can be expanded as a direct result of weather and plant development. Later fall spraying is being recommended more often for specific weed species. The specific times will be defined on each Task Order and in accordance with weather and plant phenology.

In the event an offeror is awarded more than one item, contract time will run concurrently.

Contract time will be determined for each task order issued by estimating one contract day for each 1 gross acres (quantity/unit of measure) *NA ordered and one contract day for each 10 gross acres (quantity/unit of measure) *RA ordered. It will also take into account the logistics of moving on site, plant phenology, available treatment options, and treatment windows.

Contract time will be determined for each task order issued allowing one contract day for 1 gross acre (quantity/unit of measure) *NA ordered and one contract day for each 10 gross acres (quantity/unit of measure) *RA ordered.

(viii) FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023) (Provision)

Addenda to provision FAR 52.212-1:

1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/

2) Offers submitted in response to this solicitation shall include a technical proposal, a price proposal.

a) Technical Proposal – The technical proposal shall address the evaluation factors in FAR 52.212-2. At a minimum technical proposal shall include Technical Approach and Relevant Past Performance:

i) Technical Approach – Contractors shall submit a technical proposal describing how they intend to approach the types of work. It should also include any education on weed identification and management techniques. Proposals merely offering to conduct a program in accordance with the requirements of the Government’s statement of work, will not be eligible for award. The Contractor must submit an explanation of its proposed technical approach in conjunction with the tasks to be performed in achieving the project objectives.

The Technical Proposal shall address the following treatment specifications (at a minimum) with written descriptions, as appropriate, of work plan designs.

https://www.sam.gov/SAM/

FAC 2024-05 May 22, 2024

i. Access: Most sites are not accessible by roads. Foot, horse or river boats will be the primary means of transportation. Explain your methods of access for the different bid items.

ii. Equipment: Please list and describe the equipment that the contractor plans to use to inventory, spray and transport chemicals, and/or to perform restoration projects. The contractor will be responsible for all equipment, supplies, and tools needed to complete this contract satisfactory. This should also include equipment needed for documentation of required records.

iii. Chemicals: Spraying on Forest Service lands will be limited to the use of regional approved chemicals. The Contractor will be responsible for purchase of chemical, surfactant and dyes during the project. List state license that you possess and chemicals which you have experience.

iv. Constraints: Some of the weed infestations occur near trees and brush and are often in riparian areas. Chemical use, application equipment and methods, and safe chemical transport and mixing will need to be addressed so as to protect other resources. Describe safety measures in place.

v. Personnel: Any personnel that the contractor proposes to employ shall be listed in the proposal and their knowledge of local weed species.

vi. Records: Identify in detail the methods by which you will provide the Forest Service with Weed locations, maps, and spray records.

vii. Education: List recent workshops or education that might be applicable.

The Technical Proposal must include information on how the project is to be organized, staffed and managed. Information should be provided which will demonstrate the contractors understanding and management of important treatment constraints, events or tasks. If relevant, the proposal should specify how any subcontractors would be managed and accomplished.

The Technical Proposal must include information on quality control and supervision to assure specifications are met.

Merely offering to conduct a program in accordance with the requirements of the Government’s statement of work, will not be eligible for award. The Contractor must submit an explanation of its proposed technical approach in conjunction with the tasks to be performed in achieving the project objectives.

ii) Past Performance Offerors shall submit past performance information for their firm and any proposed major subcontractors performing more than 20% of the work.

Performance information may be obtained from references provided.

FAC 2024-05 May 22, 2024

The offeror shall submit a list of all relevant projects completed during the past three years and all contracts and subcontracts in progress. The list should include, but is not limited to, contracts and subcontracts similar in nature and complexity to that required by this solicitation. Include contracts with the Federal Government, agencies of state, and local governments, and commercial customers. Offerors that are newly formed entities, without prior contracts as an entity, should list contracts and subcontracts completed by all personnel deemed vital to successful performance.

Firms with no experience in the type of work described may show: similar type projects which demonstrate their ability to perform in a timely manner, experience, and past performance of their employees, or their work as a subcontractor.

Include the following information for each contract/subcontract:

A) Project name B) Contract number C) Location D) Year of completion, or anticipated completion date if in progress E) Contract administrator's name, phone and facsimile numbers F) Your crew supervisors and any inspectors who worked on the project G) Project size H) Quality of work performed I) Whether the contract was completed timely

The offeror may provide information on problems encountered on the contracts and subcontracts listed and the corrective actions taken to resolve those problems. The Government may obtain information from existing contract files.

Each offeror will be evaluated on their performance under existing and prior contracts of a similar nature. Performance information will be used as an evaluation factor against which offerors' relative rankings will be compared to assure best value to the Government.

The Government will focus on information that demonstrates quality of performance relative to the size and complexity of the procurement under consideration. The Government may contact references beyond those identified by the offeror to obtain additional information for use in both the responsibility determination and in further evaluation of the offerors's past performance.

Note: If the contractor does not provide past performance information, or indicate a lack of Past Performance with its offer, the Contracting Officer need not pursue further information if it is clear that the offeror’s price is not competitive.

The Office of Management and Budget (OMB) has authorized Federal agencies to collect past performance information under OMB clearance number 9000-0142.

Information on Past Experience should include lists of similar or related contracts (specifying what species of invasive plants were targeted), sub-contracts or volunteer work should be provided, with a project summary, the name of the customer, contact details, and

FAC 2024-05 May 22, 2024 date of completion. A statement on worker safety should also be included, detailing factors for this contract and job related accidents/injuries over the past 3 years.

c) Price Proposal – Include the following: 1) the document entitled quoters packet with highlighted boxes filled, and 2) acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment(s).

3) Submit offer by email to andrea.pollock@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 2 separate attachments (Technical Proposal, Price Proposal) in Microsoft Word, Excel, or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer from andrea.pollock@usda.gov.

4) Address questions about this solicitation to Andrea (Annie) Pollock at andrea.pollock@usda.gov.

Addenda to Provision FAR 52.212-1 paragraph (f) Late submissions:

Replace (f)(2)(i) with the following:

Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. Delete FAR 52.212-1 (f)(2)(i) paragraphs A, B, & C.

(End of provision)

(ix) Evaluation Criteria

(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 Government will determine best overall value on the basis of the factors described below.

1. General. Proposals will be evaluated on the basis that the technical factors (including technical proposal and relevant past performance) are listed in descending order of importance. When combined, all technical evaluation factors are approximately equal to cost or price.

2. Technical Proposal. A firm’s Technical Proposal will be evaluated based upon their technical approach to the description of work and the related qualifications of the personnel proposed and Relevant Past Performance. The sub-factors are all of equal value.

(b) Technical Approach.

The evaluators will conduct an appraisal of the offeror’s technical approach to determine the feasibility of the operations plan and associated special requirements in addition to whether

FAC 2024-05 May 22, 2024 the contractor understands the description of work. The evaluation of the technical proposals will assess efficiency of work plan designs, flexibility of the contractor in response to weather and ability or potentially work with multiple partners. It will also be taken into account compliance with federal, state, and local laws and regulations. Technical merits of the design, work schedules, timeliness, equipment, and total cost will also be considered.

*Note: Offerors may enhance their technical proposal by identifying strengths, personnel skills and knowledge of local weed species, unique capabilities and value adding processes to a contract’s services, and other attributes that the Government considers as discriminating factors.

An exceptional rating could be achieved if a working knowledge of local invasive plants, equipment (including the use of stock and jet boats), and accurate records can be demonstrated. This could include certifications, licenses, list of workshops attended, equipment available, and past successful documentation of weed location and spray records.

(c) Relevant Past Performance.

Past performance is a measure of the degree to which an offeror, as an organization, has:

(1) satisfied its customers, and (2) complied with federal, state, and local laws and regulations. The Government will inquire about the following elements, which are all of equal importance in relation to each other, (1) quality of the offeror’s work; (2) customer satisfaction; (3) timeliness of the Firm during performance and the final completion of the project; and (4) overall business relations.

i. Quality of Services: Demonstrated ability to perform services specifically relevant to the subject description of work and related techniques. Conformance to good standards of workmanship.

ii. Customer Satisfaction: Satisfaction of end users with the Contractor's completed products and services.

iii. Timeliness of performance: Compliance with delivery schedules; reliability;

responsiveness to technical direction, no assessment of liquidated damages; work completed during optimum plant phenology stages.

iv. Business relations: Effective management; ability to manage projects involving subcontracts; working relationship with the Contracting Officer and technical representatives; reasonable/cooperative behavior; flexibility; effective contractor recommended solutions; businesslike concern for Government's interests.

The Government may research offeror performance on any federal, state, local, and commercial contract performance of the offeror that is known to the Government, but not included on the submitted Performance Information. Each offeror will be evaluated on their performance under existing and prior contracts of a similar nature. The Government will focus on information that demonstrates quality of performance relative to the size and

FAC 2024-05 May 22, 2024 complexity of the procurement under consideration. Additionally, personal experience and evaluator knowledge of offeror performance may be utilized.

The Government will consider the relevance of past performance information obtained in relation to the scope of this procurement with respect to both a similar efforts, and the length and scope, number, complexity, and diversity of contracts completed by the firm. Past performance, either positive or negative, which is considered by the Government to be more closely related to the scope of this effort will be given additional weight in the evaluation process.

Offerors with past performance data will be evaluated in the same manner as all other evaluation factors; however, those offerors with no past performance data will treated as an unknown performance risk and neither be evaluated favorably nor unfavorably. Therefore, offerors will receive credit for good past performance, lose credit for poor past performance, and neither receive nor lose credit for no relevant past performance.

*A contractor would be highly rated under Relevant Past Performance if, in the last three years, the Contractor has completed in a timely manner, with a pay range of 95-100%, with high customer satisfaction/business relations in specific invasive plant management projects.

*Note: Offerors may enhance their technical proposal by identifying strengths, personnel skills and knowledge, unique capabilities and value adding processes to a contract’s services, and other attributes that the Government considers as discriminating factors.

(d) Cost/Price Evaluation Criterion.

The degree of importance of the price will increase with the degree of equality of the proposals in relation to the other factors on which selection is to be based, or when the price is so significantly high as to diminish the value of the technical superiority to the Government.

* A higher rating could be achieved if the price is within scope of fair market values as demonstrated in market research and past contracts.

(x) Representations and Certifications (complete highlighted items in this section and return with your offer)

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) (Provision)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(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 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Provision)

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 FAR 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at FAR 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. 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 FAR 52.204-26, or in paragraph (v)(2)(ii) of the provision at FAR 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 FAR 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 https://www.sam.gov/ https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(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— https://www.sam.gov/

(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 52.209-7 Information Regarding Responsibility Matters (OCT 2018) (Provision)

(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 Board of 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 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 System for Award Management, which can be accessed via https://www.sam.gov (see FAR 52.204-7).

(End of provision)

FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2024) (Provision)

[If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:]

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.