127EAV23Q4000.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

7EAV

ALBUQUERQUE NM 87102-3498

333 BROADWAY BLVD SE

USDA-FS CSA SOUTHWEST 5

8389 CODE 16. ADMINISTERED BYCODE

X

X

X

238220

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR7EAV

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

09/04/2023 1200 MT

08/18/2023

505-346-3805ELLENA SILVA

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

127EAV23Q4000

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 25 1105969OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

TIJERAS NM 87059-8619

11776 HWY 337

SANDIA RANGER DISTRICT

USDA FOREST SERVICE

15. DELIVER TO

ALBUQUERQUE NM 87102-3498

333 BROADWAY BLVD SE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$19

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

USDA-FS CSA SOUTHWEST 5

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Sandia District Office HVAC Replacement

-The Government intends to award firm fixed price contract. This contract will be awarded Lowest Price Technically Acceptable (LPTA) and to be technically acceptable contractor will need to provide in no more than a 1-page statement any tools, equipment, training, and general business practices demonstrating that the contractor has a level of technical capability that meets or exceeds the requirements to perform this work per

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

ELLENA C. SILVA

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

the specifications.

-There will not be a scheduled site visit for this Solicitation. If you would like to schedule a site visit please contact the COR Taylon

Chesser at, Email: Taylon.chesser@usda.gov or

Phone:505-504-4217. If you have any questions regarding this Solicitation, please email to the

CO Ellena Silva. All questions must be received no later than 1200 MT on Monday, August 28, 2023.

There will not be any questions accepted after this time. All questions shall be emailed to ellena.silva@usda.gov. All quotes shall be emailed to the Contracting Officer Ellena Silva at ellena.silva@usda.gov, no later than September

4, 2023, at 1200 MT

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice

Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury.

All invoices are to be submitted 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. Please make sure

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

25 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 25

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

127EAV23Q4000

that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

Delivery: 20 Days After Notice to Proceed

Period of Performance: 09/11/2023 to 11/30/2023

0001 Emergency Heater Replacement

-Trane model 4TTR4060N1000A

0002 Electrical/Thermostat

0003 Option Item

Heater Replacement

Trane model 4TTR4060N1000A

***THE GOVERNMENT RESERVES THE RIGHT NOT TO AWARD

OPTIONS.***

(Option Line Item)

Product/Service Code: N041

Product/Service Description: INSTALLATION OF

EQUIPMENT- REFRIGERATION, AIR CONDITIONING, AND

AIR CIRCULATING EQUIPMENT

Period of Performance: 08/25/2023 to 10/31/2023

0004 Option Item

Electrical/Thermostat

***THE GOVERNMENT RESERVES THE RIGHT NOT TO AWARD

OPTIONS.***

(Option Line Item)

Product/Service Code: N041

Product/Service Description: INSTALLATION OF

EQUIPMENT- REFRIGERATION, AIR CONDITIONING, AND

AIR CIRCULATING EQUIPMENT

Period of Performance: 08/25/2023 to 10/31/2023

0005 Option Item

Heater Replacement

Trane model 4TTR4060N1000A

***THE GOVERNMENT RESERVES THE RIGHT NOT TO AWARD

OPTIONS.***

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 25

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

127EAV23Q4000

(Option Line Item)

Product/Service Code: N041

Product/Service Description: INSTALLATION OF

EQUIPMENT- REFRIGERATION, AIR CONDITIONING, AND

AIR CIRCULATING EQUIPMENT

Period of Performance: 08/25/2023 to 10/31/2023

0006 Option Item

Electrical/Thermostat

***THE GOVERNMENT RESERVES THE RIGHT NOT TO AWARD

OPTIONS.***

(Option Line Item)

Product/Service Code: N041

Product/Service Description: INSTALLATION OF

EQUIPMENT- REFRIGERATION, AIR CONDITIONING, AND

AIR CIRCULATING EQUIPMENT

Period of Performance: 08/25/2023 to 10/31/2023

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

127EAV23Q4000

Project Sandia District Office Phase 3 Heater Replacement

SCHEDULE OF BASE ITEMS

BASE

ITEM # DESCRIPTION OF PROJECT ITEMS UNIT OF

MEASURE

EST.

QTY UNIT PRICE EXTENDED

AMOUNT

1 Sandia Dist. Heater Replacement Base Unit Trane model 4TTR4060N1000A Lump Sum 1 $ $

2 Electrical/Thermostat

Lump Sum

Total Base

3 Option1 Unit Trane model 4TTR4060N1000A Lump Sum 1 $ $

4 Optional- Electrical/Thermostat Lump Sum 1

5 Option2 Unit Trane model 4TTR4060N1000A Lump Sum 1 $ $

6 Optional-Electrical/Thermostat Lump Sum 1 $

Options Total

Quote Total:

All Labor, Mobilization and taxes must be included in the pricing.

***PRE- AWARD SITE VISIT AND QUESTIONS- There will not be a scheduled site visit for this Solicitation. If you would like to schedule a site visit please contact the COR Taylon Chesser at, Email: Taylon.chesser@usda.gov or Phone:505-504-4217. If you have any questions regarding this Solicitation, please email to the CO Ellena Silva. All questions must be received no later than 1200 MT on Monday, August 28, 2023. There will not be any questions accepted after this time. All questions shall be emailed to ellena.silva@usda.gov. All quotes shall be emailed to the Contracting Officer Ellena Silva at ellena.silva@usda.gov, no later than September 4, 2023, at 1200 MT.

Basis for Award: The Government intends to award firm fixed price contract. This contract will be awarded Lowest Price Technically Acceptable (LPTA) and to be technically acceptable contractor will need to provide in no more than a 1-page statement any tools, equipment, training, and general business practices demonstrating that the contractor has a level of technical capability that meets or exceeds the requirements to perform this work per the specifications.

Contract time for this will be 15-30 calendar days. Estimated start date will be September 11, 2023.

Signature Date

UEI #:

mailto:ellena.silva@usda.gov mailto:ellena.silva@usda.gov

Note: All offerors must be currently registered in SAM in order to be considered for award. Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.sam.gov or by calling 1-334-206-

STATEMENT OF WORK/DESCRIPTIONS

GENERAL DESCRIPTION OF WORK

General Information Base Scope of Work The base contract building is a multi-story 3,000 sq ft office building with a north and south wing as well as a basement with storage and kitchen area. The HVAC unit to be replaced are in the attic area one on the north end of the building that services a large Lobby/Visitors center room. Current HVAC units are Trane model 4TTR4060N1000A. The new HVAC unit shall meet or exceed current model specifications.

Any additions or substitutions must be submitted in writing to the Contract Officer with Justification and reasoning for addition or substitution. Submittals will be discussed and approved/denied in no more than eight working days after submittal date. The buildings will be occupied during this install. A 72 hours’ notice is required: prior to start work; for any utility disconnection period; and prior to entering building. As the building is occupied, any open-air areas within the workspace shall be mitigated by coverings that meet standard industry and construction standards/practice.

Submittals: Timeline a minimum of 3 workdays prior to start of work. Copy of contractor’s relevant licenses. Copy(s) of Structural survey(s) and recommendation of substructure repair items to be approved/rejected to COR/CO. Copies of manufacturers information to demonstrate HVAC units meet or exceed contract specifications.

All work shall be in accordance with the plans and specifications contained herein. No changes to the specifications, terms, or conditions of this Request for Quotations (RFQ) shall be made without the prior approval of the Contracting Officer in writing. The contractor is responsible for complying with all applicable regulations and obtaining all permits for this work.

Option Scope of Work The Contractor shall furnish all supervision, materials, equipment, vehicles, tools, parts, labor, transportation, and miscellaneous items needed to remove, dispose, and replace the Heating/cooling unit option. The Option award will also be on a single-story building with heating/cooling units located within the attic area. The single option unit being on the south side of building which heats offices on the sound east side of building. This unit can be accessed through the janitors closet via a metal ladder.

The Option contract building is a multi-story 3,000 sq ft office building with a north and south wing as well as a basement with storage and kitchen area. The HVAC unit to be replaced are in the attic area one on the north end of the building that services a large Lobby/Visitors center room. Current HVAC units are Trane model 4TTR4060N1000A. The new HVAC unit shall meet or exceed current model specifications.

Any additions or substitutions must be submitted in writing to the Contract Officer with Justification and reasoning for addition or substitution. Submittals will be discussed and approved/denied in no more than eight working days after submittal date. The buildings will be occupied during this install. A 72 hours’ notice is required: prior to start work; for any utility disconnection period; and prior to entering building. As the building is occupied, any open-air areas within the workspace shall be mitigated by coverings that meet standard industry and construction standards/practice.

Submittals: Construction timeline a minimum of 3 workdays prior to start of work. Copy of contractor’s relevant licenses. Copy(s) of Structural survey(s) and recommendation of substructure repair items to be approved/rejected to COR/CO. Copies of manufacturers information to demonstrate HVAC units meet or exceed contract specifications.

Background Sandia District Office has multiple heating/cooling units that service the building on both the North and South ends of the building.

All are located within the attic area of the building. Two of these units one on the south end and one on the North end have failed and need replacement. All are Lenox units of the same size and capacity. Historically this building has experienced issues with pipes freezing and breaking due to installation issues. The units are over 20 years old and have not received routine maintenance.

http://www.sam.gov/

Contractor Requirements Technical Requirements / Tasks The base contract building is a multi-story 3,000 sq ft office building with a north and south wing as well as a basement with storage and kitchen area. The heating/cooling units to be replaced are in the attic area one on the north end of the building that services a large conference room and offices on the northwest of the building. The second area second located in the attic area on the south side of the building which services offices on the southeast side of the building. Both units are to be replaced with equal or greater capacity units.

• Heating/cooling units will be of equal or greater capacity.

• Two heating/cooling units will be replaced.

• Base contract building is a multi-story 3.000 sq foot area with heating/cooler located in the attic area on the south and north side of the building.

• Must meet all federal, state, city, and county regulations and requirements.

• Contractor responsible for acquiring permits and achieving/exceeding all permit requirements.

• DEMOLITION: Work shall include removal of two existing heating/cooling units. Care shall be taken to ensure no damage is done to surrounding penetrations or other items in the attic area. Any damage shall be repaired. Contractor shall, upon removal of heating/cooling units, inspect existing decking to ensure all decking is adequate for new units. Any damaged decking shall be reported to the COR and an agreed upon change order price shall be used for replacement of decking and/or insulation.

NEW HEATING/COOLING UNIT INSTALLATION: Upon completion of demolition and inspection of decking, insulation and electrical wiring contractor shall install a minimum R-15 insulation in any needed area due to new installation activity.

Government Furnished The Government will not be furnishing any equipment or supplies to aid with the removal or installation of units or equipment. The government will provide restroom facilities for workers within regular business hours, which are 8:00-4:30 weekdays.

Deliverables / Schedule Any additions or substitutions must be submitted in writing to the Contract Officer with Justification and reasoning for addition or substitution. Submittals will be discussed and approved/denied in no more than eight working days after submittal date. The buildings will be occupied during this install. A 72 hours’ notice is required: prior to start work; for any utility disconnection period; and prior to entering building. As the building is occupied, any open-air areas within the workspace shall be mitigated by coverings that meet standard industry and construction standards/practice.

Submittals: Construction timeline a minimum of 3 workdays prior to start of work. Copy of contractor’s relevant licenses. Copy(s) of Structural survey(s) and recommendation of substructure repair items to be approved/rejected to COR/CO. Copies of manufacturers information to or exceed contract specifications.

Key Deliverables

Deliverable Objective Due Warranty/manufacturer information

Report documenting tasks & issues weekly. Ref Task 5.1

Prior to the contract closeout

Travel The Sandia Ranger District is located south of Tijeras, New Mexico at 11776 Hwy 337 Tijeras NM 87059. Traveling from Albuquerque, New Mexico proceed East on I-40 30 miles to Tijeras, New Mexico. Take exit 175 to Tijeras/Cedar Crest. Proceed south on Hwy 337

0.7 miles to Sandia District Ranger Station and turn left into parking lot.

Contractor’s Key Personnel HVAC Technician- Must be certified and licensed.

Plumbing Technician- Must be certified and licensed.

Security Requirements N/A

Data Rights N/A

Section 508 – Electronic and Information Technology Standards N/A

Attachments

CONTRACT CLAUSES

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): [Insert one or more Internet addresses] https://www.acquisition.gov/browse/index/far

(End of clause)

52.202-1 Definitions- Definitions (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (Jun 2020) 52.211-6 Brand Name or Equal (Aug 1999) 52.212-1 Instructions to Offerors - Commercial Items. (Mar 2023) 52.212-4 Contract Terms and Conditions - Commercial Items. (Dec 2022) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2020) 52.222-50 Combating Trafficking in Persons. (Nov 2021) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (Jun 2020) 52.225-13 Restrictions on Certain Foreign Purchases. (Feb 2021) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran- Representation and Certifications. (Jun 2020) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.237-1 Site Visit. (APR 1984) 52.242-15 Stop-Work Order. (AUG 1989) 52.242-17 Government Delay of Work. (APR 1984) 52.244-6 Subcontracts for Commercial Items. (Jun 2023) 52.245-1 Government Property. (Sep 2021) 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996) 52.249-1 -- Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984).

52.249-2-Termination for Convenience of the Government (Fixed-Price) (Apr 2012) 52.249-8 -- Default (Fixed-Price Supply and Service) (Apr 1984).

452.204-70 Inquiries. (FEB 1988)

52.204-3 Taxpayer Identification. (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acquisition.gov%2Fbrowse%2Findex%2Ffar&data=04%7C01%7C%7Cc1b7909c0dc24dc94a8c08d95de48fc4%7Ced5b36e701ee4ebc867ee03cfa0d4697%7C0%7C0%7C637644058523894199%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=NRf9cJtLuiDviUbSkL8egv8x0lPNpWZ%2BZFM479Q%2BG4o%3D&reserved=0

FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

[XX] TIN: _____________________.

[] TIN has been applied for.

[] TIN is not required because:

[] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[] Offeror is an agency or instrumentality of a foreign government;

[] Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

[] Sole proprietorship;

[] Partnership;

[] Corporate entity (not tax-exempt);

[] Corporate entity (tax-exempt);

[] Government entity (Federal, State, or local);

[] Foreign government;

[] International organization per 26 CFR 1.6049-4;

[] Other _________________________.

(f) Common parent.

[] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

[] Name and TIN of common parent:

Name _____________________________

TIN ______________________________

(End of provision)

52.212-2 Evaluation—Commercial Products and Commercial Services. (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: LPTA- to be considered technically acceptable contractor must show in one page or less their experience in planting, confirmation that they will provide their own tree bags and planting Bars/hoe-dads and confirmation that they have reliable 4 x4 vehicles to transport crew to and from the project sites

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(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.

(End of provision)

52.212-3 Offeror Representations and Certifications-Commercial Items. (Dec 2022) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision— https://www.sam.gov/

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended."Sensitive technology"— Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically— https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_25

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships.

SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)

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

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

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim https://www.ecfr.gov/current/title-13/part-121 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-4#FAR_4_1201

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

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that—

(i) It □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [ Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that—

(i) It □ is, □ is not a service-disabled veteran-owned small business concern; or (ii)It □ is, □ is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1));

and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c).

[ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ______.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Representations required to implement provisions of Executive Order11246-

(1) Previous contracts and compliance. The offeror represents that-

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or https://www.acquisition.gov/far/part-19#FAR_Part_19 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(1) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(2) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-126.200 https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(c) http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

(1)

(i) The Offeror certifies that each end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

[List as necessary] 1.

2.

3.

(3) Domestic end products containing a critical component:

Line Item No. ___ [List as necessary]

(4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g)

(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American- Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i)

(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

[List as necessary] 1.

2.

3.

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

Other Foreign End Products:

[List as necessary]

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

Line Item No. ___ [List as necessary] 1.

2.

3.

https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-25#FAR_25_105

(v) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Israeli End Products:

[List as necessary] 1.

2.

3.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

[List as necessary] 1.

2.

3.

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

[List as necessary] 1.

2.

3.

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute.