Solicitation_12639518Q0133.pdf

NOTES TO QUOTERS

1. Submit quotes by email to Lisa Draves at lisa.draves@aphis.usda.gov by the time specified in the solicitation.

Quotes will be evaluated in accordance with 52.212‐2 Evaluation – Commercial Items. Missing, incomplete, or ambiguous information may result in an unacceptable rating.

A COMPLETE QUOTE SHALL INCLUDE THE FOLLOWING INFORMATION:

Cover page or Standard Form (SF) 1449 and acknowledgement of Amendments.

Include Company name, DUNS, and point of contact information.

Completed Pricing Schedule (page 4). Alternate Pricing Schedules will not be considered.

Work Plan (2 page maximum): Include a complete, detailed, and feasible narrative description of the labor/equipment resources and schedule that will be used to accomplish work for the entire contract by the required completion date. At minimum the work plan must include:

i. Number of crews, crew sizes, and equipment resources to be utilized

ii. Anticipated schedule for completing the project by June 8. At minimum, the schedule must include the following: Tree harvesting activities, Transportation of material to MI, Unloading material in MI

Technical Certification: Evidence of current certificate from the International Society of Arboriculture (ISA) for the proposed arborist OR State Master Logger Certification (any state). Certifications submitted for a proposed subcontractor must include a letter of commitment.

Past Performance References: Provide past performance references for recent and relevant contracts for the same or similar services (including contract numbers, points of contacts with valid email addresses and telephone numbers and other relevant information).

2. Submit all questions in writing to Lisa Draves at lisa.a.draves@aphis.usda.gov. Questions should be submitted no later than two (2) days prior to the response deadline to ensure adequate time is available to respond and to amend the solicitation if necessary.

3. Quoters must be fully registered in the System for Award Management (www.sam.gov), including current online representations and certifications, no later than the solicitation response date/time.

4. 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.

5. The U.S. Department of Agriculture Animal and Plant Health Inspection Service (USDA APHIS) is an agency of the Federal Government and is tax exempt (Tax ID # 41‐0696271).

PRICING SCHEDULE

ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL

001 Tree Harvesting and 1 Job __________ __________ Transportation Services

TOTAL __________

Performance Work Statement: Harvest of Ash Trees within the Infested Area of Emerald Ash Borer

1.0 Introduction

The mission of Plant Protection and Quarantine (PPQ) is to safeguard U.S. agriculture and natural resources against the entry, establishment, and spread of economically and environmentally significant pests, and to facilitate the safe trade of agricultural products. The emerald ash borer (EAB) is a non‐ native wood‐boring beetle that is devastating ash trees in the United States. Since its discovery in Michigan in 2002, APHIS, in conjunction with state and other federal agencies, has led an aggressive campaign to slow the spread of the pest with quarantines, surveys, tree removal, and public outreach programs. In spite of these efforts, the range of EAB has expanded to 31 states. To control the pest, PPQ has implemented an EAB biological control program. A major goal of this program is to release a parasitoid in every known infested county in the Nation. In order to achieve this goal, trees infested with EAB are harvested to support mass rearing efforts of four natural enemies of EAB.

1.2 Objective

This USDA APHIS Plant Protection and Quarantine (PPQ) has a requirement for a contractor to perform tree removal, bucking, disposal, transportation, and loading services. The predominant purpose for these services is to acquire Emerald Ash Borer Beetles (EAB) from harvested infested trees to maintain EAB biological control production.

1.3 Type of Contract

This is a firm‐fixed‐price contract.

1.4 Scope of Work

The USDA PPQ is contracting for harvesting of 88 EAB infested trees located within the county of Fond du Lac in the state of Wisconsin. (See Exhibit A, Site Summary.)

Services involve, but are not limited to, tree removal, disposal, transportation, bucking, and loading services. The Government will be responsible for marking trees for removal. Trees shall be harvested and then transported to Government facilities in Howell, MI and/or Brighton, MI.

The contractor must maintain crews at sufficient levels to support the harvest schedule.

1.5 Period of Performance

All work for this contract shall be completed by June 8, 2018, including unloading the harvested material at the Government's facilities in MI. The completion date is based on the assumption that the contract will be awarded no later than May 22, 2018. Completion of work by no later than June 8, 2018 is critical to avoid emergence of the EAB out of the harvested material. If the harvest goes beyond this date, the EAB has a greater potential to emerge from the wood, thus making the wood material useless.

1.6 Tree Harvesting

Trees shall be harvested from the following location:

Kettle Moraine State Forest Mauthe Lake Recreation Area N1490 County Road GGG Campbellsport, WI 53010 43° 35’46.03”N 88° 10’46.32”W

The trees to be harvested will be marked by the Government with orange flagging prior to commencement of work.

Care has be taken by the Government to select trees that are “easy” to fell (See Exhibit A, Site Summary). A list of trees to be removed and transported is provided in Exhibit B, Tree Inventory.

1.7 Transportation of Harvested Material. The contractor shall be responsible for transporting whole trees (everything ≥ 2 inches in diameter) bucked into sections of ~20 inches. The contractor shall transport trees to one or more of the following facilities:

Biological Control Facility 5936 Ford Ct., Suite 500 Brighton, MI 48116

The Brighton facility may reach capacity during the unloading process and, as determined by the Government, may require remainder to be delivered to the Howell facility (12 miles from the Brighton facility).

Michigan Department of Natural Resources Tree Improvement Center 4631 Bishop Lake Road

Howell, MI 48843

1.8 Permits and Licenses. See Exhibit C, Permit. The Government will also hold a compliance agreement that the contractor will work under to deliver harvested ash trees, satisfying the Michigan Thousand Canker Quarantine.

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and additional permits to complete the full scope of work, such as a permit for temporary road closures or to transport infested wood out of or through quarantines. The Contractor shall comply with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The contractor shall be responsible for implementing the terms and requirements of the permits held by the Government or the contractor.

1.9 Applicable Documents

The publications listed below form a part of this performance work statement to the extent referenced.

Regulations and Quarantines

Asian Longhorned Beetle (ALB)

Emerald Ash Borer (EAB)

Gypsy Moth (GM)

Thousand Cankers Disease (TCD) (compliance agreement held by Government)

State Best Management Practices Guidelines

Wisconsin

Safety

OSHA

ANSI

1.10 Performance Requirements. The contractor must perform the work as follows:

a. Wood Harvest

1. The contractor shall provide the Government with at least 24 hours notice that work will be finished at the current site. The Government will inform the land owner of the Contractor’s plan and coordinate access to the site.

2. Staging

a) Staging of trees and equipment can be done in the “Pet Picnic Area”. This area is specified in Exhibit A (site summary) and includes the grass area as well as the entire parking lot

b) Posting adequate signage notifying the public of logging operations and equipment storage in these designated areas is mandatory as noted in this section.

c) All requirements for remediation and clean‐up set forth in this section apply to the staging area as well.

3. Access properties in a manner so as to avoid damage to the landscape and/or property.

4. Remove the designated infested trees without damage to neighboring trees.

a) Trees must be removed using acceptable industry practices for such removals.

b) The work site shall be accessed from public roadways when possible. The contractor must prevent traffic hazards by erecting barricades, lights or signs at the contractor’s expense. The contractor shall have staff dedicated to the direction of traffic anytime lanes of traffic are blocked by equipment or fall within the work zone. The contractor is required to follow the rules and regulations of all other agencies and all authorities who have jurisdiction to safeguard the public. No thoroughfare of any kind shall be closed without the coordination and written consent of the Wisconsin Department of Natural Resources or the appropriate delegated party. The contractor is advised to post signs prior to commencing work informing the public that tree removal work is occurring. Stapling, nailing or tacking of signage to trees or utility poles is strictly prohibited. All signs are to be removed upon completion of work at the end of each day.

c) Collateral trees

i. Collateral trees are defined as any non‐targeted tree that needs to be removed in order to fell selected (targeted) ash trees. Unmarked trees can only be cut with approval from USDA personnel. Costs associated with removing collateral trees are included in the established unit prices and will not be separately reimbursed.

ii. The contractor shall coordinate removals so that all work can be completed in the most efficient way possible, with the least amount of collateral damage incurred. The contractor shall minimize damage and removal of collateral trees to the maximum extent practicable.

iii. Non‐target trees that are significantly damaged will be cut up and disposed of following the methods for disposal of ash tree portions left behind.

iv. Excessive collateral damage including permanent scarring of non‐targeted trees is not acceptable and will result in the Government’s remedies described in Section 1.11 of this Performance Work Statement. “Tree Removal Operations and Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements”.

5. The whole tree from 2 inches in diameter and greater will be included in the harvest.

Trees are to be cut as close to level with the ground as possible, but left no taller than 6 inches.

6. Harvested trees will be cut into segments no longer than 23 inches and no shorter than 20 inches. Logs that are greater than 12 inches in diameter will be split into smaller sections.

7. Dispose of the waste. This will be the responsibility of the contractor.

a. Collect and dispose of limbs and debris at an approved location, as specified in the task order. Approved locations will either be on‐site or at a nearby waste station.

1) If the approved location identified in the task orders is off‐site, the contractor will select, as reasonably possible, a local sanitary landfill to dispose of debris.

2) The contractor will be responsible for securing any permits for off‐site disposal and will provide copies upon request.

b. All tops and brush debris will be mitigated as indicated in the applicable site permit with either one or a combination of the following:

1) Tops and brush will be limbed and lopped so they are no higher than 6 feet from the ground.

2) Tops and brush will be chipped.

c. Tops and brush debris will spread that the approved location and not be piled.

d. All tops and brush debris will be removed from mow zones.

e. No debris will block or be left within any drainage features.

f. Burning will not be permitted on the project site.

g. The contractor will follow all regulations regarding the handling and disposal of infested trees and debris (Federal Regulations – ALB, EAB, GM are of special concern)

8. The contractor will perform the necessary preparation and clean‐up to secure the property, its contents, and any occupants from damage or injury during the removal process.

9. The contractor will restore the property to its original condition. Any surface disturbance resulting in exposed mineral soil shall be rehabilitated following State Best Management Practices, (Seeding, mulching, proper water diversions, and grading). Rehabilitation efforts will be inspected and approved prior to completion.

10. To the extent possible, the contractor shall limit any disruption to the occupants of the property.

11. USDA personnel will perform frequent on‐site monitoring. A final site inspection to approve disposal and remediation efforts will be conducted prior to finalizing work at all sites.

12. See attached for specific site information

a) Exhibit A, Site Summaries

b) Exhibit B, Tree Inventory

c) Exhibit C, Permits

b. Transport

1. Properties will be accessed in a manner that avoids damage to the landscape and/or property. Approved access route:

Mauthe Lake Recreation Area – Continuous Access along road. See Exhibit A, Site Summary.

2. Logs shall be loaded onto the transport vehicle in a manner that minimizes tree/bark damage.

3. Transport vehicle will be filled to capacity before each delivery, unless extenuating circumstances exist

4. Logs will be transported to the facilities specified in Section 1.7, Transportation of Harvested Material.

Chamber entrance dimensions are as follows:

Michigan Department of Natural Resources Tree Improvement Facility 4631 Bishop Lake Road Howell, MI

Chamber Entrance Dimensions:

Chamber Doorway – Height: 7ft Width: 6ft Inside Chamber – Height: 10ft Width: 29ft Length: 54ft Maximum height of stacked wood: 6ft 6in.

Biological Control Facility 5936 Ford Ct., Suite 500 Brighton, MI

Chamber Entrance Dimensions:

Chamber Doorway – Height: 7ft Width: 5f Inside Chamber – Height: 8ft Width: 13ft Length: 29f Maximum height of stacked wood: 5ft 5in.

5. At a minimum, a 24 hour notice will be given prior to arriving to unload.

a) Arrivals will take place between 8:00am and 4:30pm Monday – Friday, excluding any federal holidays.

b) Work associated with the arrival must be completed within this time.

c) USDA personnel shall be on‐site to provide access to property and confirm load quantity

c. Stacking Logs

1. Offload infested wood from transport vehicle and stack neatly in coolers at predetermined location (listed above). The contractor shall provide all necessary personnel and equipment for unloading at the Government facilities (i.e. forklift).

a) Logs will be stacked in closely positioned rows. All logs in a given row will be aligned, parallel, and stacked in a compact fashion.

b) Driver will take care to reasonably avoid blocking driveways, passageways, and entries/exits.

2. Stacked logs will be elevated off the ground with USDA provided 4x4s to facilitate air circulation. If transported on pallets, the material must be unloaded from the contractor’s pallets prior to placement into the cooler.

1.10 Contractor Requirements

All tree harvesting services shall be performed under the guidance of an International Society of Arboriculture Certified Arborist or company with State Master Logger Certification (any state). The contractor shall conduct all operations in connection with this contract in compliance with all applicable Federal, State, and local labor safety, health and sanitation laws, codes and regulations. The contractor shall supervise and direct the work, using skillful labor and proper equipment for all work. The Government reserves the right to inspect the site, verify quantities, and review operations at any time.

1.11 Tree Removal Operations and Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

a. The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs and grass) or adjacent to the work sites, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place.

b. The contractor shall protect from damage all existing improvements and utilities

(1) At or near the work site, and

(2) On adjacent property of a third party, the locations of which are made known to or should be known by the Contractor

c. The contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. This shall include but not be limited to all areas of paving, lawns, walkways, sidewalks, fixtures, fences, flower beds, etc.

that were damaged, dirtied, altered or displaced by the tree removal work. If the contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

d. The contractor will not be liable for normal wear and tear, or damage caused by third parties.

The contractor shall make USDA aware of any pre‐existing damages prior to commencing activities at the work site. The contractor shall provide photographic or video documentation of all pre‐existing damages prior to the start of removal operations and upon completion of all work at the site.

e. Excessive compaction of soil and excessive ruts is considered preventable property damage.

1.12 Damage Claims

It is the contractor’s responsibility for repairing any damages to buildings, sidewalks, cars and any other property damage caused by the contractor’s operation. The contractor shall be responsible for the treatment costs and financial losses of an individual physically injured or treatment costs or value of an animal owned by a private party, be it a pet or livestock, if injured, or killed by contractor operations.

The contractor shall notify the USDA of any damages by the end of the business day on which such damage occurred or where reported by a property owner, except that injuries to persons or animals will be reported immediately to the COR via cell phone or in person. All damage shall be repaired within two

(2) weeks or other time frame as agreed by the two parties. The contractor shall supply, on company letterhead, an original of the release agreement signed by the injured party and counter‐signed by a

Principal of the contractor indicating that the damage claim has been resolved. An alternate acceptable release shall be a letter from the contractor’s insurance company indicating policy number, contractor’s name and address, contract number, location, claimant’s name and address, and a statement saying that they are processing said claim and releasing the USDA from any and all liabilities. The contractor has three (3) weeks from the time the damage occurred, unless a later time has been agreed upon by the Contracting Officer, to submit the release to the USDA for final approval.

The USDA as an agency of the Federal government is a self‐insured entity. The Federal Tort Claims Act (28 U.S.C. 1346(b), 2671 et seq) is the legal mechanism for compensating persons injured or property damaged by a negligent or wrongful act of a Federal employee, when committed within scope of their employment. Employees of the USDA are Federal employees and are covered by the federal worker’s compensation insurance if injured while in the performance of their duties

1.13 Safety

The contractor will perform the work with due care taking precautions against injury to persons, damage to property and interference with vehicular or pedestrian traffic. The contractor shall take the necessary precautions to ensure the safety of all persons engaged in the work of this contract.

1.14 E‐Verify

Contractor shall ensure that employees and subcontractors have passed as standard commercial background check prior to conducting work for the program. The contractor shall verify employment eligibility of employees in accordance with the E‐verify Program (http://www.dhs.gov/E‐Verify). See clause 52.222‐54, Employment Eligibility Verification.

1.15 Unusual and Differing Site Conditions

(a) The contractor shall take steps reasonably necessary to ascertain the nature and location of the work at a given property site, and to investigate and satisfy itself as to the general and local conditions which can affect work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of water, electric power, and roads; (3) uncertainties of weather, or similar physical conditions at the site; (4) conditions of the ground; (5) the character of equipment and facilities needed preliminary to and during work performance.

The contractor shall satisfy itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site; including all exploratory work done by the Government, as well as maps and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government. The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government.

(b) The Contractor shall promptly, and before the conditions are disturbed, give written notice to the Contracting Office (by submission through the Contracting Officer’s Representative) of:

(1) Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract; or

(2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and are generally recognized as inhering in work of the character provided for in the contract.

(c) The Contracting Officer’s Representative shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made and the contract modified in writing accordingly.

(d) No request by the Contractor for an equitable adjustment to the contract shall be allowed, unless the Contractor has given the written notice required; provided that the time prescribed in paragraph (a) for giving written notice may be extended by the Contracting Officer.

(e) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

Requests for equitable adjustments must include the following: a price breakdown in sufficient detail to permit an analysis of profit, and of all costs for material, labor, equipment, subcontracts, and overhead;

and must cover all work involved in the effort, whether the work was deleted, added, or changed; as well as any time adjustments.

1.16 Payment

Payments will be made in accordance with clause 52.212‐4. Prior to final Government inspection and acceptance, the contractor shall complete all work, including but not limited to, completing all restoration requirements, final clean‐up of the premises.

The payment provided in the contract shall constitute full compensation for furnishing all materials, equipment and labor, and performing all work under the contract in a complete and acceptable manner.

Payment items for the work of this contract are listed in the Pricing Schedule and described in this Performance Work Statement. The unit price and payment made for each item listed shall constitute full compensation for providing equipment, tools, supplies, labor, supervision, incidental materials, quality control, environmental protection, meeting safety requirements, and performing all work as provided in this contract. Except as otherwise specified in this contract, all costs associated with incidental work shall be included in the Pricing Schedule item with which that incidental work is most closely associated.

The payment provided for in the contract includes compensation for all risk, loss, damage, and expense arising out of the nature of the work or its prosecution, subject to conditions of the contract.

1.17 Invoices

All invoices shall be submitted through the Invoicing Processing Platform (IPP) at: www.ipp.gov The IPP is a government‐side secure web‐based invoice processing service offered free of charge to government agencies and their contractors by the U.S. Department of Treasury’s Financial Management Service (FMS).

EXHIBIT A – SITE SUMMARY

Exhibit B – Tree Inventory

State County City Location Site

Trees Currently Marked

Permit to

Harvest Notes

Wisconsin Fond du

Lac Campbellsport

Kettle Moraine State Forest

Mauthe Lake Recreation Area

88 Yes

Tree Inventory

Tree number DBH (in) Tree number DBH (in) Tree number DBH (in)

1 12.3 32 15.8 63 9.2

2 7.3 33 8.1 64 6.4

3 8.3 34 10.8 65 7.5

4 6.4 35 12.1 66 8.0

5 8.6 36 11.4 67 9.2

6 4.6 37 9.4 68 16.6

7 4.8 38 10.2 69 8.0

8 5.7 39 9.9 70 5.4

9 13.4 40 9.5 71 16.2

10 9.1 41 12.1 72 11.1

11 10.5 42 6.8 73 8.9

12 9.5 43 13.2 74 8.9

13 7.3 44 9.9 75 8.9

14 6.0 45 10.8 76 13.2

15 8.6 46 11.5 77 14.3

16 5.1 47 9.2 78 8.8

17 5.4 48 7.6 79 12.3

18 5.3 49 7.0 80 6.7

19 7.6 50 5.3 81 5.6

20 7.2 51 7.3 82 8.8

21 5.3 52 6.4 83 10.5

22 5.7 53 10.5 84 12.7

23 17.2 54 10.7 85 11.5

24 8.0 55 9.9 86 20.4

25 5.3 56 10.0 87 5.7

26 11.9 57 7.6 88 14.6

27 14.6 58 7.3

28 10.3 59 6.0

29 7.0 60 6.7

30 11.3 61 16.2

31 12.7 62 13.4

EXHIBIT C - PERMITS

3.0 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)

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

The following clauses are incorporated by full text:

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

EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

(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) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233‐3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 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).

__ (7) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts

(Oct 2016) (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) (41U.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).

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

__ (13) [Reserved] X__ (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 (Jan 2017) (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 (Jan 2017) (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).

__ (26) 52.222‐19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

X__ (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)(i) 52.223‐9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May2008) (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.)

__ (36) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (37) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (38)(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.

__ (39)(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.

__ (40) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (DEC 2007) (42 U.S.C.

8259b).

__ (41)(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__ (42) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011) (E.O. 13513).

__ (43) 52.223‐20, Aerosols (JUN 2016) (E.O. 13693).

__ (44) 52.223‐21, Foams (JUN 2016) (E.O. 13693).

__ (45)(i) 52.224‐3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224‐3.

__ (46) 52.225‐1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47)(i) 52.225‐3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014)

(41 U.S.C. chapter83, 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.

__ (48) 52.225‐5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X__ (49) 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).

__ (50) 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).

__ (51) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

__ (53) 52.232‐29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

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

__ (54) 52.232‐30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

X__ (55) 52.232‐33, Payment by Electronic Funds Transfer—System for Award Management (Jul

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

__ (56) 52.232‐34, Payment by Electronic Funds Transfer—Other than System for Award

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

__ (57) 52.232‐36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (58) 52.239‐1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242‐5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

__ (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) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 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.

(iv) 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.

(v) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015)

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

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

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

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

(x) 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.

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

(xii) 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).

(xiii) 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).

(xiv) 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).

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

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

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

(xviii)(A) 52.224‐3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224‐3.

(xix) 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).

(xx) 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.

(xxi) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247‐64.

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

(End of clause)

4.0 PROVISIONS

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

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

52.212‐1 ADDENDUM

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 at or before the date/time specified in this solicitation. See “Notes to Quoters” and 52.212‐2 Evaluation‐ Commercial Items.

(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. Quoters are responsible for ensuring completeness of quotes. The Government may evaluate solely on the information provided with the initial quotation.

(f) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of a quote, 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.

(g) 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.

(End of Addendum)

52.212‐2 EVALUATION – COMMERCIAL ITEMS

b. Quotes will be evaluated in accordance with FAR Part 13, Simplified Acquisition Procedures.

The Government will award a contract resulting from this solicitation to the responsible firm whose quote conforming to the solicitation represents the Lowest‐Priced Technically‐ Acceptable (LPTA) quotation.

Each technical evaluation factor must be found “acceptable” in order for the quotation to be found technically acceptable. Quotations will not be ranked based on technical merit. Missing, incomplete, or ambiguous information may result in a rating of “unacceptable” for that factor.

Evaluation factors are listed below.

(1) Price

Required Submittal:

Completed Pricing Schedule (page 4). Alternate Pricing Schedules will not be considered.

(2) Work Plan

Work Plan (2 page maximum): Include a complete, detailed, and feasible narrative description of the labor/equipment resources and schedule that will be used to accomplish work for the entire contract by the required completion date. At minimum the work plan must include:

i. Number of crews, crew sizes, and equipment resources to be utilized

ii. Anticipated schedule for completing the project by June 8. At minimum, the schedule must include the following: Tree harvesting activities, Transportation of material to MI, Unloading material in MI

In order to receive an “acceptable” rating, the work plan must address all of the above considerations and contain sufficient detail to convince the evaluators that the quoter has considered all essential elements of the project, and that the plan is well thought out and is without any omission or apparent flaws; and the quoter can mobilize labor and equipment resources and execute the project within the required schedule.

(3) Technical Certification

Required Submittal: Evidence of current certificate from the International Society of Arboriculture (ISA) for the proposed arborist OR State Master Logger Certification (any state). Certifications submitted for a proposed subcontractor must include a letter of commitment.

(4) Past Performance

Past Performance References: Provide past performance references for recent and relevant contracts for the same or similar services (including contract numbers, points of contacts with valid email addresses and telephone numbers and other relevant information).

Past performance will be rated “unacceptable” if the contractor receives an unsatisfactory rating from a reference unless the quoter can demonstrate that adequate corrective actions were taken. 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 provided the quoter certifies that additional past performance information is not available and provides an acceptable explanation as to why past performance is not available.

52.212‐3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://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— “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.

“Highest‐level owner” means the entity that owns or controls an immediate owner of the…