1264R420R0003 RFP.pdf

1264R420R0003 Page1

Combined Synopsis/Solicitation

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 [separate] 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 2020-06.

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 is Attachment 01.

• There are 9 Bid Items in this solicitation – there may be as many as 9 awards or as few as 1 depending on how many proposals are received and what the capabilities of that/those contractors is/are.

• To be considered for award of a Bid Item, offeror must bid on the entire Bid Item. Partial bids will be discarded.

• The Periods of Performance are NOT negotiable.

• Maps are available by request. Please navigate to https://www.fs.usda.gov/mtnf - on the right hand side click Maps & Publications.

• There is no organized site visit planned however many of the areas are open to the public or arrangements can be made to allow access. Please contact the CO at brohrer@fs.fed.us with the specific areas you wish to view and the time range. We will accommodate if possible but inability to accommodate/allow offerors to view any of the sites is NOT guaranteed. If you choose to propose you are doing so based on the available information.

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 52.203-3 Gratuities (APR 1984) FAR 52.203-16 Preventing Personal Conflicts of Interest (JUN 2020) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (JUN 2020) https://www.fs.usda.gov/mtnf mailto:brohrer@fs.fed.us

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FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

(MAY 2011)

FAR 52.204-7 System for Award Management (OCT 2018) FAR 52.204-13 System for Award Management Maintenance (OCT 2018) 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 52.209-7 Information Regarding Responsibility Matters (JUL 2013) FAR 52.212-1 Instructions to Offerors – Commercial Items (JAN 2017) FAR 52.212-4 Contract Terms and Conditions – Commercial Items (JAN 2017)

Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION 2017-1 (AUG 2017): (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

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) AGAR 452.204-70 Inquiries (FEB 1988)

52.212-3 Offeror Representations and Certifications – Commercial Items (NOV 2017)

(Offeror must complete this certification online at www.sam.gov or print this provision in full, complete the appropriate blocks, and submit with your offer.)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JUN 2020)

(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)).

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(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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(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 (June 2020), 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 (Jun 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 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 (Jun 2020) (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).

__ (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. (Jun 2020) (31 U.S.C. 6101note).

_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 (Mar 2020) (15 U.S.C.657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

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__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C.644).

__ (ii) Alternate I (Mar 2020).

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) 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 (Jun 2020) (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 (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (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 (Mar 2020) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (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 (Mar 2020) (15 U.S.C. 637(m)).

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__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

_X_ (36) 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.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

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

__ (ii) Alternate I (Oct 2015) of 52.223-13.

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

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (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.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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__ (52) 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).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) (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.

__ (iii) Alternate II (Feb 2006) 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) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 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).

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_X_ (4) 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).

__ (5) 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).

__ (6) 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_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (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, as defined in FAR 2.101, on the date of award of this contract, 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 (Jun 2020) (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)).

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(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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (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) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) 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.

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(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 (Jun 2020) (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.

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.

(End of Clause)

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FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

52.252-5 Authorized Deviations in Provisions (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Agriculture Acquisition Regulation (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.252-6 Authorized Deviations in Clauses (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Dept of Agriculture Regulations (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

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Sustainable Acquisitions

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

C1.1 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.

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: FOREMAN

(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.

http://www.biopreferred.gov/ https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program https://www3.epa.gov/epawaste/conserve/tools/cpg/products/nonpaperoffice.htm https://www3.epa.gov/epawaste/conserve/tools/cpg/products/paperproducts.htm

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ACCEPTANCE: Acceptance will be determined by inspection of work performed and will be based on adherence to the specifications within the contract. Reference the SOW 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.

Submission Instructions

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 12PM CST, 22 July 2020.

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. DUE TO COVID 19 RESTRICTIONS

AND ASSOCIATED REMOTE WORK IF YOU ARE SUBMITTING A HARDCOPY PROPOSAL

YOU MUST NOTIFY THE CO BY EMAIL OR PHONE.

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

PROPOSALS MUST BE SUBMITTED NO LATER THAN 12PM CST, 05 August 2020.

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 award offerors must submit the following documentation:

1. Offer Submission Package – Attachment 6 – fill this out and return with 1 CLEAR LEGIBLE copy of each of the Bid Item Schedules (Attachment 1) for which you would like to be considered for award.

2. Technical Proposal – Proposal must adequately discuss each of the technical factors stated in the text of FAR 52.212-2.

3. Attachment 5 - If reps and certs ARE completed on www.sam.gov, offeror only needs to complete subsection b of the clause as reproduced in Attachment 5 along with the other clauses.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm mailto:brohrer@fs.fed.us mailto:brohrer@fs.fed.us http://www.sam.gov/

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If reps and certs are not completed on www.sam.gov, you must print clause 52.212-3 in its entirety and submit it with your offer.

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

Attachments – Do not have to be returned with offer:

• Attachment 02 – PWS & Exhibits

• Attachment 03 – Service Contract Act Wage Determinations

• Attachment 04 – Employment of Eligible Workers

52.212-2 Evaluation – Commercial Items (OCT 2014)

(a) The Government will award multiple contracts 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.

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 Team will review all offeror’s technical proposals.

a) All technical proposals will be reviewed in alphabetical order regardless of price.

b) Each technical proposal will be evaluated on all 7 Technical Evaluation Factors.

c) The first 6 Technical Evaluation Factors will be evaluated on an Acceptable/Unacceptable basis using the definitions of Acceptable/Unacceptable included with each Evaluation Factor.

d) If any of the first 6 Technical Evaluation Factors are rated Unacceptable by the Technical Evaluation

Team, the proposal will be eliminated from competition (if the Government elects NOT to hold Discussions).

e) All Technical Proposals remaining – those that were rated Acceptable on the first 6 factors – will then be evaluated on the 7th factor. This portion of the evaluation will be conducted according to best value principles by comparing the strength of Experience/Past Performance with the proposed price to the Government.

f) The Technical Evaluation Team will review all proposals remaining in competition at this point and make a recommendation to the Contracting Officer as to which proposals should receive award based on the following best value principles: The Government is concerned with obtaining superior performance even if the result is making an award at a price that is not the lowest overall cost to the Government. However, the Government will not make an award at a significantly higher overall price to achieve slightly superior

Page15 performance. As performance strengths are closer, price will become more important. Technical Factor #7 is somewhat more important than price.

g) Technical Evaluation Factor #7 will be evaluated by comparing the value of the differences in the experience/past performance factor for the competing offers – based on their strengths, weaknesses and risk – with the differences in their proposed price to the Government.

• Strengths are defined as indications that the offeror possesses adequate prior experience and positive past performance to accomplish the work proposed on to the required Acceptable Quality Level (AQL).

• Weaknesses are defined as a failure to fully demonstrate experience and successful prior performance of the work proposed on. This may include but is not limited to: terminations on similar work, failure to complete prior work on schedule, contractor being required to re-work units on prior orders/contracts, failure to communicate with the CO/COR on prior orders/contracts.

• Risks are defined as indications that the offeror based on past performance will not be able to accomplish the work to the required Acceptable Quality Level (AQL).

3. The Contracting Officer will review the recommendation of the Technical Evaluation Team.

4. If the Contracting Officer concurs with the recommendation (including the tradeoff if applicable), the Contracting Officer will make a responsibility determination IAW FAR 9.104.

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

There are 7 Technical Evaluation Factors:

1. Capability to Perform (Staffing) – Acceptable a) To receive a rating of Acceptable for this factor, technical proposal must demonstrate that offeror has available personnel (with an adequate skill level) to perform the tasks required by the Statement of Work.

b) To achieve an Acceptable rating for this factor offeror must propose a specific foreman and describe how that foreman will perform quality control to accomplish work to the accepted AQL and ensure deadlines are met. Offeror must submit a description of foreman’s experience.

c) If offeror is proposing on tasks including herbicide, offeror must provide evidence of foreman or crew leader that possesses the required licensure for the state of MO.

d) If offeror is proposing on multiple line items, offeror must provide a narrative detailing how the crews AND foreman will accomplish all of the items within the timelines.

e) 1264R420R0003 includes AGAR 452.237-74 Key Personnel – please ensure that you have read and understood this clause and able to comply with it if awarded a contract resulting from this solicitation.

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

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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 – i.e. chainsaws, herbicide equipment, etc.

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. Offeror must specify how foreman will implement this Plan and ensure adherence.

Unacceptable Offeror fails to demonstrate the ability to practice Quality Control for this work; how it will be communicated to their employees; how the foreman will implement/ensure adherence.

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.

http://www.biopreferred.gov/

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7. Experience

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 $5000. 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

(b) The Government may also determine that an offer is unacceptable if the individual line item prices are unbalanced or unreasonable.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.252-6 Authorized Deviations in Clauses (APR 1984)