Solicitation_12639518Q0009..pdf

111421

10/31/2017

10/17 12639518Q0009 a foilage for EAB biocontrol efforts

NOTES TO QUOTERS

1. Submit quotes to Lisa Draves at lisa.a.draves@aphis.usda.gov by the time specified in this solicitation. (See 52.212‐1 Addendum.)

A COMPLETE QUOTE SHALL INCLUDE THE FOLLOWING INFORMATION:

Cover page or Signed Standard Form (SF) 1449 and acknowledgement of Amendments to the solicitation.

Completed Pricing Schedule (Pg. 5)

Technical Capability Information. Submit capability information to demonstrate the quoter’s ability to fulfill the requirements of a resulting contract. At minimum, the following information must be included:

a. A narrative description of relevant experience in producing quality foliage with little or no use of chemical insecticides. The following are examples of relevant experience: production of woody plants (preferred); a cut foliage operation (i.e.

floral industry); nursery stock sold as containerized plants. Operations using non‐chemical insecticide growing systems or biological controls only for controlling pests is preferred. Examples of relevant experience should be recent

(within 3 years of the solicitation release).

b. A detailed description of technical resources to be used for production and harvesting. Include letter(s) of commitment from proposed subcontractor(s) if substantial subcontracting is planned.

Past Performance Information. Provide past performance references who will attest to the quality of your service/supply within the past three years. Include project description, dates performed, client information, and point of contact

(name, email, phone).

2. All questions concerning this solicitation must be submitted by email to Lisa Draves at lisa.a.draves@aphis.usda.gov.

3. This solicitation is being issued with the expectation of one or more awards. The Government intends to award contract(s) to the quoter, or combination of quoters, providing the best value to the Government (See 52.212‐2).

4. Quoters must be registered in the System for Award Management (www.sam.gov), including current online representations and certifications, by time of award.

5. The appropriate Department of Labor wage determination(s) applicable to the geographic location(s) of performance identified by the successful vendor(s) will be incorporated in the resultant contract and must be observed, regardless of whether the contractor subsequently changes the place(s) of performance.

6. In accordance with Federal Acquisition Regulation (FAR) Subpart 9.1, a prospective contractor may be requested to provide additional information in order to assist the Government in making a responsibility determination.

7. The United States Department of Agriculture Animal and Plant Health Inspection Service is an agency of the Federal Government and is tax exempt (Tax ID# 41‐0696271).

PRICING SCHEDULE

Price shall include all costs associated with furnishing and delivering all materials and for performing all work required under the contract in a complete and acceptable manner.

ITEM DESCRIPTION EST QUANTITY UNIT* UNIT PRICE TOTAL

ORDERING PERIOD (12 months from date of award)

0001 Tropical Ash Leaf 52 Lot __________ __________

1700 leaves per week (Lot)

*Each Lot shall be divided equally into packaging for overnight delivery 2‐5 times/week (M‐F) as specified in each delivery order. Delivery costs shall be included in the fixed unit price.

Specifications

Tropical Ash Tree Leaf Supply I. Objective

The contractor shall furnish all labor and materials to supply and deliver Fraxinus uhdei (tropical ash) leaves. The leaves will support a significant portion of the quantity needed to successfully rear adult emerald ash borer (EAB) beetles at the USDA APHIS PPQ biological control rearing facility located at 5936 Ford Court, Suite 200, Brighton, MI 48116. Fraxinus uhdei is commonly referred to as shamel ash or evergreen ash.

II. Background

EAB is a very small but very destructive beetle. Metallic green in color, its slender body measures 1/2 inch in length and 1/8 inch wide. The average adult beetle can easily fit on a penny.

Native to China and eastern Asia, the EAB probably landed in North America hidden in wood packing materials commonly used to ship consumer goods, auto parts, and the like. Although no one can say for sure when EAB arrived in southeastern Michigan, the scientific community believes the beetle went undetected for over 10 years, based on its widespread distribution and destruction.

EAB was officially identified in the summer of 2002. This beetle has been found in 31 States (Alabama, Arkansas, Colorado, Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, West Virginia, and Wisconsin) and is responsible for the death or decline of tens of millions of ash trees and billions more are at risk. In addition, the Canadian government has also been engaged in an EAB program of its own.

In an effort to control the spread of damage caused by EAB, USDA‐APHIS‐PPQ turned to the release of biocontrol agents. Four parasitic wasps are currently being released as biocontrol agents that target different life stages of EAB. These parasitoids are reared from EAB larvae at the biological control rearing facility in Brighton, MI. Several EAB colonies are maintained in order to obtain sufficient numbers of EAB to support parasitoid rearing operations. The maintenance of these colonies requires several components, but perhaps none more important than high quality ash leaf material.

III. Product Specifications

A. The contractor shall supply leaves from Fraxinus uhdei (tropical ash) plants. This effort will require the contractor to maintain the contractor supplied plants in a closely monitored and productive environment from which high quality leaves are harvested and shipped to Brighton, MI in support of USDA‐APHIS‐PPQ biocontrol efforts.

Leaves supplied by the contractor are subject to periodic testing by the Government for insecticidal residues that could have harmful effects on the insect colony.

B. Logistics Leaf shipments will occur potentially year-round as determined by the needs of the rearing facility. The need for weekly shipments of ash leaves from one or more contractors is anticipated between September and June. See Section D, Quantity and Delivery Schedule.

Government personnel will be granted access to the growing area when advanced notice of arrival is provided.

Plants that have previously been treated with a pesticide at any time should not be used due to variety of potential chemical types and formulations, along with variable environmental conditions affecting potential half-life of a particular chemical.

During performance of the contract, the Contracting Officer may authorize the use of pesticides if warranted in certain situations when it is in the best interest of the Government and mutually agreed upon in writing by both parties in accordance with clause 52.212-4.

C. Deliverables

High quality, nutritious leaf material that supports beetle rearing operations.

Each Leaf is comprised of between 7 and 9 leaflets (Figure 1.0).

Leaves shipped to the rearing facility will be mature, dark green foliage free of any pesticide residues.

Leaves will be shipped in such a way as to be protected from extreme hot or cold temperatures and free from desiccation. Acceptable temperature range is 55o F to 85o F.

Leaves will be arranged for shipping in such a way to minimize mechanical damage, placed in the shipping container flat as possible.

Leaves shall be packaged and delivered overnight within 24 hours of harvesting Emergency Contacts (names and phone numbers to be added at time of award).

FIGURE 1.0: LEAF

Pinnate (odd): Leaflets are attached along an extension of the petiole called a rachis; there is a terminal leaflet and therefore an odd number of leaflets.

From <https://www.amnh.org/learn/biodiversity_counts/ident_help/Parts_Plants/types_of_compound_leaves.htm>

D. Quantity and Delivery Schedule This is an Indefinite-Delivery Indefinite-Quantity (IDIQ) type contract. Leaves will be ordered through the issuance of individual delivery orders as the requirements of the U.S. Department of Agriculture (USDA) are defined).

The contractor shall be capable of meeting the Government’s anticipated need of 1700 leaves per week (Lot) spread across five business days with 2 - 5 deliveries per week as instructed in each delivery order. Each Lot shall be divided equally into packages. The Contractor shall deliver the initial shipment of leaves within 24 hours following the issuance of a Delivery Order.

Contract and delivery order minimums and maximums are addressed in the following clauses:

52.216-19, Order Limitations, and 452.216-73, Minimum and Maximum Contract Amounts. The line item quantities listed in the Pricing Schedule are not intended to convey either a minimum or maximum quantity that will be ordered by the Government. Delivery order prices will be in accordance with the fixed rates established in the Pricing Schedule. The unit price that will be paid for any line item will not be changed based on the quantity actually ordered by the Government. The ultimate contract price for any given ordering period will be the sum of the delivery orders issued during that period.

E. Period of Performance

The contract period of performance shall be 12 months from the date of contract award.

2.1 CLAUSES

The following clauses are incorporated by reference:

52.204‐18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

52.212‐4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (JAN 2017)

52.212‐4 ADDENDUM: Paragraph (g), Invoices, is revised to include the following statement: All invoices shall be submitted through the Invoice Processing Platform (IPP) at www.ipp.gov. IPP is a secure, web‐based service that manages government invoicing.

52.232‐40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC

2013)

52.232‐2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

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.acquistion.gov

(End of clause)

The following clauses are incorporated by full text:

52.204‐21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause‐‐

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real‐time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off‐the‐shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.212‐5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS— COMMERCIAL ITEMS (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (2) 52.233‐3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233‐4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108‐77 and

108‐78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203‐13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

(3) 52.203‐15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (June 2010) (Section 1553 of Pub. L. 111‐5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (Oct 2016) (Pub.

L. 109‐282) (31 U.S.C. 6101 note).

(5) [Reserved].

(6) 52.204‐14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111‐117, section 743 of Div.

C).

(Pub. L. 111‐117, section 743 of Div. C).

X (8) 52.209‐6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

(9) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41

U.S.C. 2313).

(10) [Reserved].

(11)(i) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (Nov 2011) (15 U.S.C.

657a).

(ii) Alternate I (Nov 2011) of 52.219‐3.

(12)(i) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

X (ii) Alternate I (JAN 2011) of 52.219‐4.

(13) [Reserved] (14)(i) 52.219‐6, Notice of Total Small Business Set‐Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15)(i) 52.219‐7, Notice of Partial Small Business Set‐Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219‐7.

(iii) Alternate II (Mar 2004) of 52.219‐7.

(16) 52.219‐8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219‐9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219‐9.

(iii) Alternate II (Nov 2016) of 52.219‐9.

(iv) Alternate III (Nov 2016) of 52.219‐9.

(v) Alternate IV (Nov 2016) of 52.219‐9.

(18) 52.219‐13, Notice of Set‐Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

(19) 52.219‐14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

(20) 52.219‐16, Liquidated Damages—Subcon‐tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219‐27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (Nov

2011) (15 U.S.C. 657 f).

X (22) 52.219‐28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

(23) 52.219‐29, Notice of Set‐Aside for, or Sole Source Award to, Economically

Disadvantaged Women‐ Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219‐30, Notice of Set‐Aside for, or Sole Source Award to, Women‐Owned

Small Business Concerns Eligible Under the Women‐Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222‐3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222‐19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). (27) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222‐26, Equal Opportunity (Sept 2016) (E.O. 11246).

(29) 52.222‐35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

(30) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29

U.S.C. 793). (31) 52.222‐37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(32) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (33)(i) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

(ii) Alternate I (Mar 2015) of 52.222‐50 (22 U.S.C. chapter 78 and E.O. 13627).

(34) 52.222‐54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35) 52.222‐59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222‐59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(36) 52.222‐60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

(37)(i) 52.223‐9, Estimate of Percentage of Recovered Material Content for EPA–Designated

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

(ii) Alternate I (May 2008) of 52.223‐9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

(38) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

(39) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

(40)(i) 52.223‐13, Acquisition of EPEAT®‐Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Oct 2015) of 52.223‐13.

(41)(i) 52.223‐14, Acquisition of EPEAT®‐Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223‐14.

(42) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (DEC 2007) (42 U.S.C. 8259b).

(43)(i) 52.223‐16, Acquisition of EPEAT®‐Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223‐16.

X (44) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O.

13513).

(45) 52.223‐20, Aerosols (JUN 2016) (E.O. 13693).

(46) 52.223‐21, Foams (JUN 2016) (E.O. 13693).

X (47) 52.225‐1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

X (48)(i) 52.225‐3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103‐182, 108‐77, 108‐78, 108‐286, 108‐302, 109‐53, 109‐169, 109‐283, 110‐138, 112‐41, 112‐

42, and 112‐43.

(ii) Alternate I (May 2014) of 52.225‐3.

(iii) Alternate II (May 2014) of 52.225‐3.

(iv) Alternate III (May 2014) of 52.225‐3.

(49) 52.225‐5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (50) 52.225‐13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(51) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(52) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007) (42 U.S.C. 5150).

(53) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

(54) 52.232‐29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505, 10 U.S.C. 2307(f)).

(55) 52.232‐30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

X (56) 52.232‐33, Payment by Electronic Funds Transfer—System for Award Management (Jul

2013) (31 U.S.C. 3332).

(57) 52.232‐34, Payment by Electronic Funds Transfer—Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

(58) 52.232‐36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(59) 52.239‐1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(60)(i) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247‐64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222‐17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

X (2) 52.222‐41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

X (3) 52.222‐42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67). (4) 52.222‐43, Fair Labor Standards Act and Service Contract Labor Standards‐Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

X (5) 52.222‐44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(6) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

(7) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

X (8) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2015).

X (9) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(10) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(11) 52.237‐11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215‐2, Audit and Records— Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203‐13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219‐8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and

(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222‐17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222‐17.

(iv) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015) (v) 52.222‐26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vi) 52.222‐35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222‐37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(ix) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222‐40.

(x) 52.222‐41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

Alternate I (Mar 2015) of 52.222‐50 (22 U.S.C. chapter 78 and E.O 13627).

(xi) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment‐Requirements (May 2014) (41 U.S.C. chapter 67).

(xii) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services‐Requirements (May 2014) (41 U.S.C. chapter 67).

(xiii) 52.222‐54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xiv) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xv) 52.222‐59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at

$50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvi): By a court order issued on October 24, 2016, 52.222‐59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvi) 52.222‐60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).

(xvii) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii) 52.225‐26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xix) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226‐6.

(xx) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247‐ 64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.216‐18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued at any time during the 12‐month contract period of performance.

(b) All delivery orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

For the purposes of this contract, a delivery order must be in writing and signed by the Contracting Officer. Orders may be issued by mail, by fax transmission, by personal service, or by electronic transmission. A delivery order shall be considered to have been issued: (1) at the time the Government transmits written notification to the Contractor if transmission is by fax, mail, or other electronic means;

(2) at the time the contractor receives the order if the transmission is by mail or personal service. (End of Clause)

52.216‐19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one (1) lot (1700 leaves per week) the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor ‐‐

(1) Any order for a single item in excess of

(2) Any order for a combination of items in excess of 52 lots (1700 leaves per week)

(3) A series of orders from the same ordering office within seven (7) business days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216‐21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum‐order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within two (2) business days after issuance, with written notice stating the Contractor’s intent not to perform the services called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

52.216‐22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite‐quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 days after contract expiration.

52.217‐8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months.

452.216‐73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the base period specified in FAR clause 52.216‐18, Ordering, the Government shall place orders totaling a minimum of one (1) lot of 1700 leaves. Delivery Orders will not exceed a cumulative maximum of $150,000 from date of award through date of contract expiration.

SPECIAL CONTRACT REQUIREMENT: FAIR OPPORTUNITY PROCESS FOR DELIVERY ORDERS

The following procedures will be followed in issuing task orders under multiple award contracts.

Awardees will be provided a fair opportunity to be considered for each task order exceeding the micropurchase threshold of $3,500 unless a statutory exception applies, as described in this SCR and FAR 16.505, Ordering.

For delivery orders valued between $3,500 and $150,000, the Contracting Officer is not required to contact each of the multiple awardees before selecting an order awardee if the Contracting Officer has information available to ensure that each awardee is provided a fair opportunity to be considered for each order (FAR 16.505(b)).

The Contracting Officer will consider the following information:

(1) Firm fixed prices established in the Pricing Schedule

(2) Past Performance on other orders

(3) Contractor capacity and timeliness for completion

(4) Other considerations as appropriate (i.e. minimum order requirements, proposed discounts to fixed unit prices established in the Pricing Schedule, other technical considerations)

Exceptions to the fair opportunity process are defined in FAR 16.505.

3.0 SOLICITATION PROVISIONS

The following provisions are incorporated by reference:

52.204‐16, COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.204‐17, OWNERSHIP OR CONTROL OF OFFEROR (JUL 2017)

52.212‐1, INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017)

52.223‐1, BIOBASED PRODUCT CERTIFICATION (MAY 2012)

The following provisions are incorporated by full text:

52.204‐20 PREDECESSOR OF OFFEROR (JULY 2016)

(a) Definitions. As used in this provision‐‐ “Commercial and Government Entity (CAGE) code” means‐‐

(1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor. “Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger).

The term “successor” does not include new offices/divisions of the same company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: (or mark “Unknown”). Predecessor legal name: . (Do not use a “doing business as” name).

52.204‐22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror’s practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation.

However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

52.212‐1 ADDENDUM

FAR 52.212‐1 Instructions to Offerors – Commercial Items, is replaced in its entirety by this addendum.

(a) North American Industry Classification System (NAICS) code and small business size standard. The

NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of Quotes. Submit quotes to Lisa Draves at lisa.a.draves@aphis.usda.gov before the date/time specified in this solicitation.

A COMPLETE QUOTE SHALL INCLUDE THE FOLLOWING INFORMATION:

Cover page or Signed Standard Form (SF) 1449 and acknowledgement of Amendments to the solicitation.

Completed Pricing Schedule.

Technical Capability Information. Submit capability information to demonstrate the quoter’s ability to fulfill the requirements of a resulting contract. At minimu, the following information must be included:

c. A narrative description of relevant experience in producing quality foliage with little or no use of chemical insecticides. The following are examples of relevant experience: production of woody plants (preferred); a cut foliage operation (i.e.

floral industry); nursery stock sold as containerized plants. Operations using non‐chemical insecticide growing systems or biological controls only for controlling pests is preferred. Examples of relevant experience should be recent

(within 3 years of the solicitation release).

d. A detailed description of technical resources to be used for production and harvesting. Include letter(s) of commitment from proposed subcontractor(s) if substantial subcontracting is planned.

Past Performance Information. Provide past performance references who will attest to the quality of your service/supply within the past three years. Include project description, dates performed, client information, and point of contact

(name, email, phone).

Quotes will be evaluated in accordance with 52.212‐2, Evaluation – Commercial Items. The Government may evaluate solely on the information provided in the quotation and not assume the vendor possesses any capability that is not specifically identified in the quotation.

Quotes that fail to include the information required by the solicitation may be excluded from consideration.

(c) Submission deadline. Quotes must be received by the date and time specified in this solicitation. A late quote will not be considered unless it is received before award is made and the Contracting

Officer determines that accepting the late quote would not unduly delay the acquisition. In the case of an emergency or unanticipated event that delays Government operations so that quotes cannot be received, the deadline will be extended by one working day.

(d) Terms of and content. Quotes must be based on the terms of this solicitation. The Government may reject any quote that is not based on these terms in every respect. Quotes must contain all of the information required by the solicitation.

(e) Contract award. The Government intends to evaluate quotes and award a contract without discussions. Therefore, a quote should contain the quoter’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in quotes received.

(f) Multiple awards. The Government may award a contract for any item or group of items quoted.

Quotes may not be submitted for quantities less than those specified for a specified lure. (See also

Provision 52.216‐27 Single or Multiple Awards.)

(g) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the quoter acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the quoter does not become registered in the SAM database by the response date specified in the solicitation, the Contracting Officer will proceed to award to the next otherwise successful registered quoter. Quoters may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(h) Requests for information. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on award(s) resulting from this solicitation from the contracting officer.

52.212‐2 EVALUATION ‐‐ COMMERCIAL ITEMS (OCT 2014)

(a) Quotations will be evaluated in accordance with FAR Part 13, Simplified Acquisition Procedures.

The Government will award a contract from this solicitation to the responsible firm whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

(i) Price

(ii) Technical Capability.

(iii) Past Performance.

Past performance is a measure of the degree to which a quoter was successful on previous projects, as measured by the level of customer satisfaction. The Government may contact any of the past performance references provided by the quoter, and may also use information obtained from other sources, including Government personnel familiar with work performed by the contractor; customer surveys and past performance questionnaire replies; and the

Governmentwide Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov. In the case of a quoter without a record of past performance or for whom information on past performance is not available, the quoter will not be evaluated favorably or unfavorably on past performance.

52.212‐3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (JAN 2017)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision‐‐

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means‐‐

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women‐owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women‐ owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA‐approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are‐‐

(1) Department of Labor Wage and Hour Division (WHD) for‐‐

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis‐Bacon Act;

(v) 41 U.S.C. chapter 67, formerly…