Amendment_2_140L4322Q0105_Container_Seedling_Production_0002.pdf

(x)

140L4322Q0105 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

LHA

PORTLAND OR 97204

1220 SW 3rd Avenue, 12th Floor

BLM OR-ST OFC PROC MGMT BR(OR952)

07/20/20220002

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

07/14/2022

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

CONTAINER SEEDLING PRODUCTION 2023, BLM OREGON

Amendment 2: Vendor Questions and Answers

See attached for Amendment 2 details.

Legacy Doc #: BLM

Period of Performance: 12/01/2022 to 05/15/2024

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Lisa (Spiral) S O'Neil

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

CONTAINER SEEDLING PRODUCTION 2023, BLM OREGON SOLICITATION NO. 140L4322Q0105

BLM OREGON STATE OFFICE Page 2 of 5

Solicitation: 140L4322Q0105

Amendment 2

This amendment to 140L4322Q0105: Container Seedling Production, 2023 addresses questions received from vendors. See Attachment 1 for Vendor Questions and Answers.

This correction does not change the Due Date for this solicitation. Please submit your quotes by:

July 22, 2022, at 2:30 pm Pacific Time.

Please submit quotes via email to:

Tiffany Eslinger teslinger@blm.gov

Spiral O’Neil loneil@blm.gov mailto:teslinger@blm.gov mailto:loneil@blm.gov

BLM OREGON STATE OFFICE Page 3 of 5

Amendment 2: Attachment 1: Vendor Questions and Answers

1. Do you need a copy of each document returned, or just the amended file that was posted?

a. In accordance with Section L.2.0 of the solicitation, vendors must submit the completed Standard From 1449 and all acknowledged amendments.

2. With the rules for COVID changing, is there an update to this? I know all companies over a certain amount of employees would be requiring proof of vaccination but they haven’t since reversed the mandate.

a. “The Government will take no action to enforce the clause implementing requirements of Executive Order 14042, absent further written notice from the agency, where the place of performance identified in the contract is in a U.S. state or outlying area subject to a court order prohibiting the application of requirements pursuant to the Executive Order (hereinafter, “Excluded State or Outlying Area”). In all other circumstances, the Government will enforce the clause, except for contractor employees who perform substantial work on or in connection with a covered contract in an Excluded State or Outlying Area, or in a covered contractor workplace located in an Excluded State or Outlying Area. A current list of such Excluded States and Outlying Areas is maintained at https://www.saferfederalworkforce.gov/contractors/.

b. As of this amendment, FAR Clause 52.223-99 (October 2021) (DEVIATION) is hereby removed from the solicitation.

3. I am unable to find any of the highlighted clauses not crossed out in red within the new contract.

Will an updated one be sent with the explanations of the clauses, or are they not part of this contract so will be removed? Also, just to make sure the date was the last time they were edited, correct?

BLM OREGON STATE OFFICE Page 4 of 5

a. Many Clauses and Provisions within this Solicitation are incorporated by reference in accordance with FAR 52.102(a) 1-4: “52.102(a)(1-4) Incorporating Provisions and Clauses: (a) Provisions and clauses should be incorporated by reference to the maximum practical extent, rather than being incorporated in full text, even if they - (1) Are used with one or more alternates or on an optional basis; (2) Are prescribed on a "substantially as follows" or "substantially the same as" basis, provided they are used verbatim; (3) Require modification or the insertion by the Government of fill-in material (see 52.104);

or (4) Require completion by the offeror or prospective contractor. This instruction also applies to provisions completed as annual representations and certifications.”

b. On Page 36 of the Solicitation, FAR Clause 52.252-2 Clauses Incorporated by Reference (FEB 1998), states that, “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 maybe accessed electronically at this/these address(es): Federal Acquisition Regulation:

https://www.acquisition.gov/far/; Department of the Interior Acquisition Regulation (CFR, Title 48, Chapter 14): http://www.ecfr.gov/cgi-bin/textidx?SID=46fff09635987db3af784ea3c7efc2e0&mc=true&tpl=/ecfrbrowse/Title4 8/48cfrv5_02.tpl#1400

c. The Date listed in the third column of the table references the month and year that the clause was published or last updated, if applicable.

4. In reference to Wage Determinations: Am I understanding this correctly that $15.00 per hour pay is required for anyone working on this contract?

a. Per FAR 22.1002-2, Wage Determinations for contracts are based on the prevailing rate set by the Department of Labor. Contractors performing on service contracts in excess of $2,500 to which no predecessor contractor’s collective bargaining agreement applies shall pay their employees at least the wages and fringe benefits found by the Department of Labor to prevail in the locality or, in the absence of a wage determination, the minimum wage set forth in the Fair Labor Standards Act.

5. Can you expand more on the codes, and what our staff would fall under, if any? What is a nursery specialist considered? A grower, or just a nursery manager? Can you elaborate on the health and welfare section? I have never seen this prior, and am un-sure if that has to be broken out in a paycheck if any “nursery specialist” are employed? Is there a way to ask for being exempt on this?

a. A wage determination (WD) is a set of wages, fringe benefits, and work rules that the U.S. Department of Labor has ruled to be prevailing for a given labor category in a given locality. More information on Wage Determinations is posted publicly on SAM.gov at https://sam.gov/content/wage-determinations and at the Department of Labor’s website, https://www.dol.gov/general/topic/wages.

https://www.acquisition.gov/far/ http://www.ecfr.gov/cgi-bin/textidx?SID=46fff09635987db3af784ea3c7efc2e0&mc=true&tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl#1400 http://www.ecfr.gov/cgi-bin/textidx?SID=46fff09635987db3af784ea3c7efc2e0&mc=true&tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl#1400 http://www.ecfr.gov/cgi-bin/textidx?SID=46fff09635987db3af784ea3c7efc2e0&mc=true&tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl#1400 https://sam.gov/content/wage-determinations https://www.dol.gov/general/topic/wages

BLM OREGON STATE OFFICE Page 5 of 5

6. Are there any other clauses or new sections added into the contract I missed?

a. Please reference the provisions and clauses in the solicitation. They can be found on Pages 15 - 39.

b. Section K though M, Pages 40 - 65, reference provisions and clauses directly related to submitting a quote.

c. If you business is a small business, please work with the Small Business Administration, https://www.sba.gov/federal-contracting for more education on provisions and clauses.

https://www.sba.gov/federal-contracting