1264R419R0001_-_RFP.pdf

1264R419R0001

1264R419R0001 Mark Twain National Forest

Non-Native Invasive Plant Treatment MATOC

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitation is issued as a Request for Proposal. The documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-101.

This procurement is set aside for Small Business. The NAICS code is 115310 and the Small Business Size Standard is $7.5M.

Schedule of Items – Interested Offerors will review/complete the Schedule of Items for the Items they wish to propose on. Schedules are Attachment 01. For convenience it is provided as an excel spreadsheet – if offeror would prefer it can be printed and filled in by hand, however it must be readable.

Note 1– Regarding the Schedule – The quantities described on the Schedule of Items represent the Government’s best estimate of its requirements for the period of contract performance. The Government reserves the right to order quantities in excess of the stated estimated quantities on the Schedule. However such quantities shall not exceed 150% of the total estimated contract dollar amount. It is estimated that the Government’s requirements for any additional quantities for each line item will be in approximately the same proportions that each item currently bears relative to the entire estimate; however mathematical precision is not required. Contractor(s) shall be restricted to the applicable Ceiling Price for additional quantities up to this contract ceiling.

Note 2 – Regarding the Schedule – Contractors wishing to propose on this requirement must propose pricing for at least 1 entire Zone. There are 3 tabs on the spreadsheet – 1 for each Zone.

Contractors are reminded that they will not be forced to propose a price on every Task Order should they be awarded an IDIQ Contract. Failure to propose on a significant number of Task Orders may lead to an Option year not being exercised – but Contractors are free to choose whether to propose on a specific Task Order based on their capacity, type of work, location, etc.

Note 3 – Regarding the Guaranteed Minimum – The Contractor’s lack of receipt of quantities (above and beyond the Guaranteed Minimum IAW FAR 52.216-22) shall not create an entitlement to an equitable adjustment from the Government. The Guaranteed LIFETIME minimum for contracts resulting from this solicitation is $5,000. There is no annual, or option period, minimum for contracts resulting from this solicitation. If the Government awards contracts as a result of 1264R419R0001 those contract awards will contain a line item for the

$5,000 Guaranteed Lifetime Minimum – contracts awards will have $5,000 obligated at award.

Once awardee is issued a Task Order(s) exceeding $5,000 the Guaranteed Lifetime Minimum will be de-obligated from the IDIQ Contract. All invoices will be against the Task Orders.

Note 4 – Regarding Contract Ceilings – All Task Orders issued under contracts awarded as a result of 1264R419R0001 shall not exceed the total of $1,500,000. All Task Orders will be competed and awarded to the lowest priced proposal – provided offeror can perform in the required time frame. Reference the Ordering procedures included in this document. The only exception to this procedure shall be to satisfy the Guaranteed Minimum IAW FAR 52.216-22.

The amount of work/Task Orders awarded to any single contractor is wholly dependent on their capacity to accomplish work IAW the contract specifications and time frames.

Description of Requirement – Performance Work Statement is Attachment 02.

Delivery Details/Period of Performance – This RFP is to award a set of contracts, each with a Base Period and four 12-month Option Periods. The Base Period/Year with begin at contract award (anticipated 01 April 2019) and extend 12 months. Each successive Option Year (if exercised at the Government’s discretion) will be 12 months in duration and begin immediately upon expiration of the previous contract period. (AGAR 452.211-74)

Pre-Proposal Conference – A Pre-Proposal Conference Call will be held. Topics discussed will include the solicitation contents/requirements, submission requirements, etc. The scheduled date/time for this Conference is 9AM CST on 01 March 2019. Vendors must contact the CO by email at brohrer@fs.fed.us no later than 12PM CST 27 February 2019 to receive the call-in information.

Site Visits – No formal site visits are scheduled for 1264R419R0001. Contractors wishing to view areas/Districts/Zones of the Mark Twain National Forest may contact the applicable District Ranger’s Office to obtain maps/directions, etc. Please visit https://www.fs.usda.gov/contactus/mtnf/about-forest/contactus for contact information.

By submitting a proposal, the Contractor agrees to all terms, conditions, clauses, and provisions included in the solicitation and agrees to furnish any awarded items at (or below) the Ceiling Price set in the Schedule. The proposal is valid for 60 days after the closing date of 1264R419R0001 unless a formal extension is granted by the contractor.

The following Federal Acquisition Regulation (FAR) clauses and provisions, the Department of Agriculture Acquisition Regulation (AGAR) clauses and provisions, and supplemental terms and conditions apply to this solicitation and are incorporated by reference (IBR) or by full text into the solicitation and final awarded contract. Items IBR can be viewed in full text at http://www.acquisition.gov/far/

CLAUSES & PROVISIONS INCORPORATED BY REFERENCE

FAR 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) FAR 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) FAR 52.207-6 Solicitations and Offers from Small Business Concerns and Small

Business Teaming Arrangements or Joint Ventures (Multiple Award Contracts) (OCT 2016)

FAR 52.209-7 Information Regarding Responsibility Matters (JUL 2013) FAR 52.212-1 Instructions to Offerors – Commercial Items (JAN 2017) FAR 52.212-3 Offeror Representations and Certifications – Commercial Items (NOV 2017)

*See reference on page 18.

FAR 52.212-4 Contract Terms and Conditions – Commercial Items (JAN 2017)

Deviation 2017-1 modifies paragraph r to remove reference to 41 U.S.C. 4712.

FAR 52.217-5 Evaluation of Options (JUL 1990) FAR 52.223-1 Biobased Product Certification (MAY 2012) FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service And

Construction Contracts. (SEP 2013) FAR 52.223-4 Recovered Material Certification (MAY 2008) FAR 52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts (MAY 2008) FAR 52.228-5 Insurance – Work on a Government Installation (JAN 1997) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC

2013) FAR 52.245-1 Government Property (JAN 2017) Alt 1 (APR 2012) FAR 52.245-9 Use and Charges (APR 2012) AGAR 452.216-72 Evaluation Quantities--Indefinite-Delivery Contract (FEB 1988) AGAR 452.236-73 Archaeological or Historic Sites (FEB 1988)

COMMERCIAL FAR CLAUSES AND PROVISIONS:

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Deviation 2017-1) (OCT 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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub.

L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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:

_X_ (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_(3a) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (April 2014) (41 USC 4712) (Deviation 2017-1)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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

_X_ (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).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (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).

__ (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.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Aug 2018) of 52.219-9.

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

_X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting 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 (Sep 2016) (E.O. 11246).

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

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

U.S.C. 793).

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

_X_ (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).

_X_ (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 (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.)

__(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.

_X_ (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. 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.

__ (48) 52.225-5, Trade Agreements (AUG 2018) (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 (Oct 2018) (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).

_X_ (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:

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

_X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (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).

_X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-

Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (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) (E.O.

13658).

_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).

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

(v) 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.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

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

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) 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).

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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

13706).

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

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

(xx) 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).

(xxi) 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.

(xxii) 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 from the date of the beginning of the Base Period through the expiration of the final option period or extension.

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

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

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 $2,500, 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 $150,000;

(2) Any order for a combination of items in excess of $250,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (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 5 calendar days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

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 expiration of the Period of Performance indicated on any Task Orders that were issued before the final Option Period or Contract Extension expired.

52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the 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. The Contracting Officer may exercise the option by written notice to the Contractor within any time before expiration of an option period.

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within any time prior to expiration of the previous option period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

AGAR 452.216-73 Minimum And Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $5,000, but not in excess of $1,500,000.

AGAR 452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Work Leader or Site Supervisor

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

AGAR 452.228-71 Insurance Coverage (NOV 1996)

Pursuant to the clause "Insurance - Work on a Government Installation (52.228-5)," the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(d) Air craft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

AGAR 452.237-75 Restrictions Against Disclosure (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

(End of Clause)

ORDERING PROCEDURES – ISSUANCE OF TASK ORDERS

Task Orders will be issued in accordance with FAR 52.216-18, FAR 52.216-19, FAR 52.216-22 and AGAR 452.216-73.

Warranted Contracting Officers are authorized to place task orders against this contract within their delegated warrant authority ONLY AFTER contacting and receiving written permission from the Administrative Contracting Officer. All task orders are subject to the terms and conditions of this contract.

The Task Order Issuance process will begin with a Task Order Pricing Request. This request will address specific site locations, time frame to accomplish the work, etc. The Task Order Pricing Request:

a) will be issued by email. The Contractor is responsible for checking their email for task order issuances as no other notice will be provided;

b) will be issued during the performance period of this contract;

c) will be issued to those individuals awarded a contract under this program of work;

d) will include the required due date, due date for the submission of pricing, and other information deemed appropriate;

e) will be competitive in nature. All contractors who are awarded a contract are strongly encourage to submit pricing on every Task Order. Failure to submit pricing on a significant percentage of Task Orders may result in the Government choosing not to exercise the next option period;

f) Contractor(s) is/are encouraged to ask any questions and/or visit the site prior to submitting pricing for any Task Order. Adjustments will not be made after Task Order issuance for circumstances including: terrain, whether area to be surveyed requires contractor to hike in vs. drive, etc...

The following procedures will be utilized to provide awardees a fair opportunity in accordance with FAR Part 16.505(b) :

1. All Task Orders will be sent to all contract holders – regardless of whether all contract holders bid that specific Zone. The only exception shall be to meet Guaranteed Minimums. Task Order response shall include a draft Work Plan and Schedule. Schedule shall include a start date, production rate, completion date, labor, and equipment list.

2. The Government will USALLY determine the best value based on price ONLY. There may be circumstances where scheduling is a priority – that information will be contained in the Task Order Request. Prices from the Request for Task Order Pricing will be evaluated for reasonableness. Contractors cannot exceed the maximum price quoted as shown in their master IDIQ contract awarded schedule, however, the Contractor may provide lower pricing. The Task Order pricing should include all associated costs for requested work.

3. Government will USUALLY not consider past performance in determining Task Order awards. There may be atypical circumstances where the type of work is particularly complex or unusual. Contract holders will have a chance to demonstrate their experience with that variant of work. Current/Past Performance on THIS contract shall however be a critical factor for consideration as to whether to exercise Option Periods.

4. Once an award decision is made, the Contracting Officer will email the awarded task order to the successful Contractor and the COR. Work shall not begin until a Notice to Proceed is issued

– it shall be at the Government’s discretion whether a pre-work meeting is required for each Task Order. This information will be provided in the Request for Task Order Pricing.

5. The Contracting Officer will notify unsuccessful contractors of who and at what price the Task Order was issued.

6. After award of a Task Order, contractor shall submit a final site-specific Work Plan and Schedule – expected to be substantially the same, however minor details like crew size/makeup or start date may have shifted due to weather, time between bid and award, etc.

SUPPLEMENTAL TERMS AND CONDITIONS:

Sustainable Acquisitions

The Contractor shall comply with FAR Part 23 Sustainable Acquisition Policy and all associated laws, rules, regulations, and executive orders referenced therein.

Sustainable products identified for this solicitation:

The following is a list of sustainable products that that may be used i n t h e performance of this contract. The list is not all inclusive; the Contractor shall research for available products.

Biobased Products: http://www.biopreferred.gov

Inks-Printer Toner

‘Green’ Cleaning Products

EPA Designated Products:

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

Nonpaper Office Products Paper and Paper Products

Note – Reference Evaluation Factors for information regarding submission of intent to utilize bio-based materials.

ACCEPTANCE: Acceptance will be determined by inspection of work performed and will be based on adherence to the specifications within the contract. Reference the PWS for discussion of payment terms.

INVOICING: The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S.

Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Your company must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice on this project.

Attachments:

1264R419R0001 - Attachment 01 – Schedule 1264R419R0001 - Attachment 02 - Performance Work Statement w/ Exhibits 1264R419R0001 - Attachment 03 - Wage Determination 97-0149 Rev.40 1264R419R0001 - Attachment 04 - Employment of Eligible Workers 1264R419R0001 – Attachment 05 – Offer Submission Package

Contact Brittany Rohrer at brohrer@fs.fed.us or 573-341-7470 for more information or with questions concerning this solicitation. ALL QUESTIONS MUST BE RECIVED BY 4PM CST, 06 March 2019.

Proposals shall be submitted electronically to: brohrer@fs.fed.us .

No Facsimile proposals will be accepted.

Hardcopy proposals may be submitted to the address below.

Mark Twain National Forest Service Attn: Brittany Rohrer 401 Fairgrounds Road Rolla, MO 65401

PROPOSALS MUST BE SUBMITTED NO LATER THAN 12PM CST, 22

March 2019. Late proposals will NOT be considered.

*All offerors must be registered in www.sam.gov in order to receive award.

*Obtaining a DUNS number and registering in SAM are ALWAYS FREE.

*Renewing/maintaining registration in SAM is FREE.

In order to be considered for an award offerors must submit the following information/documentation:

1. Offer Submission Package – Attachment 05 including completing FAR 52.212-3 & 52.209-7 as instructed in Attachment 05.

2. Schedule of Items – Attachment 01 – There are 3 Schedules, 1 for each Zone.

Offerors must completely fill out each Zone they wish to propose on. The Schedule is Attachment 1 – it is an Excel workbook. Offerors are encourage to fill out their pricing in Excel – but it is not required. If the Schedule is printed/filled in by hand it MUST BE LEGIBLE.

3. Technical Proposal – must adequately discuss each of the 6 Technical Factors stated in the text of FAR 52.212-2, contained in the following pages.

4. Attachment 04 must be completed/returned.

5. Any/all amendments must be acknowledged in writing – email acknowledgement is acceptable unless otherwise stated in the amendment.

52.212-2 Evaluation – Commercial Items (OCT 2014)

(a) The Government will award multiple contract resulting from this solicitation to the responsible offerors whose proposals conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Evaluation will be conducted on best-value principles, specifically the Low Price Technically Acceptable.

Note – Interested offeror’s should read the contents of this provision carefully and ensure they respond thoroughly. Offers submitted without a technical proposal will be considered unresponsive and removed from the competition.

The Government may establish a Competitive Range and hold discussions; however the Government reserves the right to award a contract WITHOUT holding discussions.

If there are any questions regarding what is required for submission of a proposal please contact the Contracting Officer BEFORE the solicitation closes.

Evaluation Scheme

1. The Contracting Officer will conduct an initial review of all proposals submitted to check for completeness. Any proposals not containing a technical proposal will be eliminated at this point.

2. The Technical Evaluation Board (TEB) will review all offeror’s technical proposals. Each of the Technical Evaluation Factors will be reviewed individually and will receive a rating of either Acceptable or Unacceptable. An offeror must be rated Acceptable on EVERY Factor to be considered eligible for an award.

3. The Contracting Officer will than review the TEB’s report/ratings and rank the Technically Acceptable Offers by price. The Government intends to award multiple contracts, however proposals that are unreasonably high or low priced may still be removed from consideration at this point.

4. The Contracting Officer will determine which Technically Acceptable proposals are also reasonable (price) and consult with the TEB regarding how many awards shall be made.

5. Contracting Officer will make a responsibility determination IAW FAR 9.104.

6. Awards will only be made to offerors who are determined to be technically acceptable, responsible and whose prices are determined fair and reasonable price AND represents the best value to the Government.

GOVERNMENT INTENDS TO AWARD MULTIPLE CONTRACTS. HOWEVER IF

THERE ARE NOT MULTIPLE PROPOSALS THAT MEET THE CRITERIA IN

PARAGRAPH 6 (above) THE GOVERNMENT RESERVES THE RIGHT TO AWARD A

SINGLE IDIQ CONTRACT.

There are 7 Technical Evaluation Factors:

1. Capability to Perform (Staffing) – Acceptable To receive a rating of Acceptable for this factor, technical proposal must demonstrate that offeror has available personnel (with an adequate skill level) to work on simultaneous task orders. Provide the list of employees who will work on the project, to include: name, job title, years of experience working on similar work (e.g. similar invasive species and native plants), education, as well documentation to substantiate the requisite certification and licensing(s). The same information is required of all proposed subcontractors.

Unacceptable Offeror fails to demonstrate they have the staffing to perform to an Acceptable Level.

2. Capability to Perform (Equipment) –

Acceptable To receive a rating of Acceptable for this factor, technical proposal must demonstrate that offeror has possession or access to adequate equipment in suitable quantity to accomplish all tasks required by the Statement of Work. Offeror must identify the tasks associated with each piece of equipment.

A. Motorized equipment listed should include, but is not limited to: ATVs;

UTVs with tank and boom sprayers and/or hose reel; four (4) wheel-drive off-highway vehicles (OHV) with boom sprayer; tractors with attached tank/sprayer; tractors with an attached brush-cutter; and/or skid-steers with a FECON ©-type forestry-type mower. Each piece of equipment should be identified by manufacturer and model#.

B. Non-motorized equipment indicated should include, but is not limited to:

backpack sprayers; hand sprayers; and cutting equipment such as chainsaws and brush cutters. This equipment need only be identified by the estimated number of each.

Unacceptable Offeror fails to demonstrate they have adequate equipment to perform to an Acceptable Level.

3. Quality Control Plan– Offeror must demonstrate a focus and emphasis on proactive quality control in their day to day operations. Offeror shall not rely on the Government/COR/CO to alert them to deficient performance.

Acceptable To receive a rating of Acceptable for this factor, technical proposal must demonstrate that offeror has a methodology to practice proactive Quality Control in their work.

Offeror also must demonstrate how this methodology is communicated to employees and integrated into their day to day operations.

Unacceptable Offeror fails to demonstrate the ability to practice Quality Control for this work and/or how it will be communicated to their employees.

4. Communication Plan – Offeror must provide a Communication Plan which contains information regarding how the Government will be able to contact the vendor. Vendor must also detail in Technical Proposal which of their employees has the authority to act on behalf of the vendor.

Acceptable To receive a rating of Acceptable for this factor, technical proposal must contain the requested information in enough detail to ensure that the Government will be able to access a representative of the Contractor (who has decision making authority) in real time.

Unacceptable Offeror fails to provide a Communication Plan and/or delegation of authority.

5. Safe Project Management – Offeror must demonstrate a focus and emphasis on safety in their day to day operations. Technical proposal shall indicate whether a safety plan exists and how employees are trained.

Acceptable To receive a rating of Acceptable for this factor, technical proposal must demonstrate that offeror is capable of conducting the required work in a safe manner.

Unacceptable Offeror fails to demonstrate whether a safety plan exists and/or how employees are trained in safe practices.

6. Bio-Preferred Products – Offeror must demonstrate that an effort is made to utilize bio-based products in its operations. Products can be found at www.biopreferred.gov .

Acceptable To receive a rating of Acceptable for this factor, technical proposal must demonstrate that offeror shall make an effort to utilize bio-based products in its operations.

Technical proposal shall contain a list of products which vendor will make an effort to utilize.

Examples include office supplies such as paper or toner made from recycled materials, bio-diesel fuel, etc…

Unacceptable Offeror fails to demonstrate they shall make an effort to utilize bio-based products in its operations.

7. Experience – Offeror must demonstrate experience with project(s) similar in scope to the requirements detailed in the Statement of Work. Offeror may submit projects in which they performed as either a prime or sub-contractor. Work performed by the offeror must have exceeded $2500. Offerors are requested to submit AT LEAST 3 past projects – no more than 10 projects will be considered. If more than 10 are submitted, only the first 10 will be evaluated. For all projects submitted, offeror must provide the following information:

a) Contract number

b) Contract/award amount

c) Brief description of the work performed

d) Location of work performed

e) Date begun/completed

f) Name/address/telephone number of person to contact for further information This factor will be evaluated on whether the projects were completed with minimal instances of poor or late performance – and with only moderate customer oversight. Note – Technical Evaluators may use their personal knowledge of the offeror’s prior experience and/or consider information not contained in the proposal as long as it can be validated (i.e. additional information obtained from discussing a project with the POC).

IMPORTANT PLEASE READ – It is vital you provide all of the requested information. If you do not provide enough information to validate previous relevant experience that example may not be considered. If the Government elects not to enter Discussions there will be no avenue to clarify the information. Ensure you have included the requested information

Acceptable To receive a rating of Acceptable for this factor, technical proposal must demonstrate that offeror has sufficient experience with projects similar in scope to this work.

Technical proposal must contain the requested examples of experience performing this work.

Unacceptable Offeror fails to demonstrate they have an Acceptable Level of experience.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the base year requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The Government may also determine that an offer is unacceptable if the individual line item prices are unbalanced or unreasonable.

As part of price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8) by adding one-half…