Solicitation_-_AG-0116-S-14-0033.pdf

Professional Timber Cutting for Fall, BUck, Limb and Scale

SCHEDULE OF ITEMS

BASE YEAR

August 15, 2014 – August 14, 2015

Professional Timber Cutting for Fall, Buck, Limb and Scale Services

ITEM

NO.

DESCRIPTION PAY

UNIT

EST.

QTY.

TOTAL

PRICE

001 Fixed hourly rate by labor category (Includes fringe benefits, general administration, overhead and profit)

HR 1 $______________

002 Materials DY 1 $_______________

003 *Lodging and Meals DY 1 $_______________

BASE TOTAL

Total Price

• Note: Reference Item No. 003 - Expenses will be based on a “not to exceed” the daily government per diem rates for meals and lodging by locality. Per Diem Rates are published by the Department of Defense and can be queried at:

http://www.defensetravel.dod.mil/site/perdiemCalc.cfm http://www.defensetravel.dod.mil/site/perdiemCalc.cfm

OPTION YEAR 1

August 15, 2015 – August 14, 2016

ITEM

NO.

DESCRIPTION

PAY

UNIT

QTY.

TOTAL

PRICE

Fixed hourly rate by labor category (Includes fringe benefits, general administration, overhead and profit)

HR

Materials

DY

*Lodging and Meals

OPTION YEAR 1

Total Price

OPTION YEAR 2

August 15, 2016 – August 14, 2017

ITEM

NO.

DESCRIPTION

PAY

UNIT

QTY.

TOTAL

PRICE

Fixed hourly rate by labor category (Includes fringe benefits, general administration, overhead and profit)

HR

Materials

*Lodging and Meals

OPTION YEAR 2

Total Price

OPTION YEAR 3

August 15, 2017 – August 14, 2018

ITEM

NO.

DESCRIPTION PAY

UNIT

QTY. TOTAL

PRICE

Fixed hourly rate by labor category (Includes fringe benefits, general administration, overhead and profit)

HR 1 $______________

002 Materials DY 1 $______________

003 *Lodging and Meals DY 1 $______________

OPTION YEAR 3

Total Price

OPTION YEAR 4

August 15, 2018 – August 14, 2019

ITEM

NO.

DESCRIPTION PAY

UNIT

QTY. TOTAL

PRICE

001 Fixed hourly rate by labor category (Includes fringe benefits, general administration, overhead and profit)

HR 1 $_____________

002 Materials DY 1 $______________

003 *Lodging and Meals DY 1 $______________

OPTION YEAR 4 Total Price

Base and all Option Years Total: $ ____________________

Prices Submitted By:

Signature: Phone:

Vendor Name: Fax:

Address: Email:

DUNS#: TIN#:

DESCRIPTION/SPECIFICATION/WORK STATEMENT

This is a one-year Requirements Contract with an Option to Extend the Term of the contract, FAR 52.217-9, four (4) additional years. The Government will issue task orders to the contractor for all its needs under the statement of work. There is no guaranteed quantity but the Government estimates that the total amount of the contract will not exceed $30,000.00 within any 12 month period.

Offers shall be submitted for each of the requirements as shown on the schedule of items. These unit prices will be used to determine the price of each task order by multiplying the actual quantities ordered by the unit prices in the Schedule of Items as each task order is placed.

1. Description of Work - The Contractor shall provide a highly competent, safe and professional timber cutter to fall, buck and limb sample trees on timber sale areas scattered throughout portions of Forest Service administered lands in Southeast Alaska.

There may be occasions when other than sample trees must be felled and bucked. Such situations may include, but not be limited to, hazardous tree(s) in recreation area(s), and forest product recovery research.

2. Access – Access will be over County, Borough, Forest Service (FS) and private logging road systems with a variety of road surfaces including (i.e., gravel, paved or natural/dirt

3. Notification of Cessation or Restart of Work - The Contractor will notify the COR whenever they intend to cease operations for three (3) or more days, and will notify the COR before starting operations after a shutdown of three (3) or more days.

4. Safety – The Contractor shall comply with all Federal and State Safety and Health laws and regulations.

DEFINITIONS

Bole - The main stem or trunk of a tree.

Diameter at breast height outside the bark (DBHOB) – A measured point, which is 54 inches above ground level on the uphill side of the bole. . The measurement will be taken from the uphill side of the tree.

Hoot Owl – The work day is adjusted accordingly when fire danger restricts the use of power saws.

Jack System – A hydraulic jack system that makes it possible to fall trees counter to their natural lean.

CONTRACTOR-FURNISHED MATERIALS

1. The Contractor shall furnish all necessary labor, equipment, transportation, supervision, materials, and incidentals necessary to complete the work as described.

• An adequate number of axes, wedges (a minimum of two) and other hand tools sufficient to perform the work in compliance with applicable state laws;

• A remote controlled jack system with a minimum lift capacity of 100 tons;

• A power chainsaw per cutter that is adequate to cut the identified timber in a safe and efficient manner;

• A back-up power chainsaw that is adequate to cut the identified timber in a safe and efficient manner; and

• At least one (1) additional sharpened chain for each saw.

NOTE: All equipment must be kept in working order to ensure that the project is not delayed due to breakdowns. Lost time in excess of 30 minutes due to equipment breakdown and/or maintenance will be deducted from the hours of work.

2. Crew Requirements - The Contractor shall maintain an adequate work force at all times to ensure timely completion of the work. The Contractor is responsible for the crew(s) knowing and performing the requirements of the contract. Crew members shall be able to use the contractor-furnished equipment.

3. Crew Supervisor - 4. A qualified supervisor must be on-site directing work at all times.

Failure to maintain a supervisor at all times, who demonstrates the minimum skills and ability as shown below, will result in suspension of work until an acceptable on-the-ground supervisor is provided.

GOVERNMENT-FURNISHED PROPERTY AND SERVICES

The Government will provide the following to the Contractor:

a. Maps with the locations of the general project area.

b. The Government will provide transportation and field subsistence as required by each task order. The contractor may be required to stay in government owned housing while on remote projects. Transportation such as float planes, boats and vehicle travel will be provided by the Forest Service. Travel between larger cities by commercial means will need to be provided by the contractor and as outlined in each task order.

Hold harmless and indemnification agreement. The Contractor shall save and hold harmless and indemnify the Government against any and all liability, claims, and costs of whatever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work under the terms of this contract resulting in whole or in part from the negligent acts or omissions of Contractor and subcontractor, or any employee, agent, or representative of Contractor or subcontractor.

SPECIFIC TASKS

1. Tree Felling and Bucking Instructions The designated sample trees shall be directionally felled, limbed and bucked into specified lengths as directed by the COR or the scalers/project inspectors so that they can be scaled on the ground by Forest Service (FS) personnel. In order for the face of each end to be seen in its entirety a double cut may be necessary. This cut shall be two (2) inches wide with the resultant wheel rolled out of the cut.

2. The logs will be cut into lengths and grade recovery to be specified on site by the Contracting Officer’s Technical Representative (COR).

3. Logs up to forty (40) feet long shall have a trim allowance not to exceed twelve (12) inches.

4. The Contractor shall mark, with a lumber crayon on the face of the butt end of the log the number of each tree felled.

5. A jack system shall be used to avoid unnecessary breakage and for the positioning of logs to improve accessibility for scaling.

6. The Contractor shall minimize the effect of the contract operations upon the landscape.

The Contractor shall not remove, injure, or destroy neighboring trees. Re-occurring damage to adjacent trees may result in contract termination for default and assessment of damages.

7. Specific Tasks By Item

Item 1A – Tongass National Forest (NF)

The work consists of a sale area in one (1) or more of ten (10) ranger districts on the Tongass NF. Trees to be felled will generally be from ten (10) inches to twenty-eight

(28) inches DBHOB. However, the contractor may be requested to fell trees as small as seven (7) inches DBHOB or as large as ninety (90) inches DBHOB.

Item 2A – Chugach NF

The work is located in the Chugach NF. Trees to be felled will generally be from six

(6) inches to twenty-eight (28) inches DBHOB.

Items 1B and 2B – Additional Timber Cutters

The contractor shall furnish additional timber cutters as requested by the COR.

SALVAGABLE MATERIAL

The Contractor has no salvage rights pertaining to this contract.

INSPECTION AND ACCEPTANCE

52.246-4 INSPECTION OF SERVICES - FIXED-PRICE (AUG 1996)

(a) Definitions. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

INSPECTION

1. The Government will perform inspection surveys as a basis for acceptance, payment, and recommendations for adjustments in work quality. The COR or the scalers/project inspectors will, by on-the-ground inspection, determine if the specified methods of work have been used. Failure to use specified methods shall require prompt corrective action. Repeated failure to follow specified methods of work may be cause for termination of Contractor's right to proceed.

2. Work is accepted or rejected on an individual tree basis. This includes directional felling and bucking to the lengths specified. The Government will pay the Contractor on a "per hour" basis for each satisfactory completed task order. The computed final payment will constitute full compensation for services, materials and costs required in fulfillment of the contract

3. Project Area Inspection Each Project Area will be inspected and classified as either satisfactory or unsatisfactory according to the specifics provided throughout this contract and the pre-work conference.

PAYMENTS/COMPENSATION

1. Compensation will be based on the actual number of hours worked; rounded to the nearest one quarter hour (15min). The hours worked will begin when the timber cutter leaves his vehicle to proceed to the work area and end when the timber cutter returns to his vehicle to leave for the work day. A lunch break of one half hour will be taken without compensation each day worked.

2. Payment will be made at the unit bid price shown in the Schedule of Items for the actual number of hours worked. No payment will be made for equipment break downs in excess of 30 minutes.

3. Call-up Time - The Contractor will be paid a maximum of four hours for each time the

Contractor is directed by the Government to report to a work area, arrives at the work site and is unable to perform work due to inclement weather and/or fire closure.

4. Payment for required hours in the field by the Contractor’s personnel, for other than actual timber cutting will be at the discretion of the Contracting Officer (i.e. safety discussion between the Contractor’s employees and the COR).

PAYMENT AND INVOICING PROCEDURES

Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)

(a) Payment requests must be submitted electronically through the U. S. Department of the

Treasury's Invoice Processing Platform (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the

Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is:

https://www.ipp.gov

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fms.treas.gov or phone

(866) 973-3131.

(b) Final Payment. The final invoice must be accompanied by a release of claims against the

Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. Final payment will not be approved without a properly executed Contract Release, Form 6300-16.

TIME AND MATERIALS

The quantity of labor hours will be specified as deliverables billable at the rates specified in this schedule. Materials and Travel will also be billed at the rates and units specified in the schedule.

The cumulative total for labor hours, materials and travel (if required) will define the total price paid for each day of services.

WORK HOURS

The Government will give a minimum 21 calendar days notice or less if agreed to by the contractor prior to the start of any services under a task order.

Work hours under this contract shall be limited to the time between one-half hours before sunrise to one-half hour after sunset each day. No work will be done on Sunday unless mutually agreed upon.

https://www.ipp.gov/ mailto:IPPCustomerSupport@fms.treas.gov

PROSECUTION OF THE WORK

1. The capacity of the Contractor's plant, method of operation, and forces employed shall, at all times during the continuance of the contract, be subject to the approval of the Contracting Officer and shall be such as to assure the completion of the work within the specified period of time. To the extent stated in the specifications, the Contracting Officer shall have the right to select the sequence in which the individual work will be completed.

2. If work is seriously or chronically deficient, the Contractor’s right to proceed may be suspended until the performance problems can be resolved and work may resume.

The contract time will continue to run during any such period of suspension.

3. The Contracting Officer may, in writing, require the Contractor to remove from the work any employee found to be working in an unsafe manner.

ENVIRONMENTAL INTERRUPTION OF WORK

1. Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions or fire danger. The Contractor will be given a resume work order which will document the date the work suspension ends. An allowance has been included in the contract time for short term environmental delays up to one day at a time. The count of contract time will therefore continue during work interruptions of one day or less, but the count of contract time will stop during work interruptions in excess of one day at a time. All periods of interruptions directed by the Government will be documented. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

2. Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, or Federal candidate (Category 1 and 2), sensitive or state listed species, identified under BLM Manual 6840, are discovered to be present in or adjacent to the project area. Actions taken under this paragraph shall be subject to the Suspension of Work clause in Section I, FAR 52.242-14.

PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL RESOURCES

If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any objects or sites of cultural value on the project area, such as historical or pre-historical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the COR in writing of the findings. No objects of cultural resource value may be removed. Operations may resume at the discovery site upon receipt of written instructions. Actions taken under this paragraph shall be subject to the Suspension of Work clause in Section I, FAR 52.242-14.

SUBCONTRACTS

If the contractor desires to subcontract any work under the contract, it shall obtain the Contracting Officer’s written consent. The request to subcontract shall contain the following information:

a. Name of subcontractor

b. Description and amount of supplies or services to be subcontracted. The

Contractor shall insert in any subcontracts all applicable clauses contained in the contract.

RESTORATION OF RESOURCES

1. Cleanup - The Contractor is responsible for cleaning up all camp and worksites before leaving the area. Final payment may be withheld until the Contractor has complied with this requirement.

2. Access Roads - Public or private access roads damaged by the Contractor shall be restored, at his expense, to the same condition they were in at the commencement of work.

SAFETY

1. Occupational Health and Safety Act (OSHA) and Safety Plan

Contractors are subject to all applicable State and Federal OSHA rules and regulations. Work sites are remote, and advance planning with regards to safety is crucial. Contractors must be prepared to discuss their safety plan and an emergency evacuation plan at the time of the pre-work meeting.

2. Communications

All work sites are remote, and telephone service is usually unavailable on or anywhere near work sites. Having access to reliable communications is essential should an injury occur on the work site. Contractors are encouraged to familiarize themselves with proper use of radios as well as emergency procedures.

At the time of the pre-work meeting, contractors must be prepared to discuss their communications plan. Contractors shall provide a functional two-way communication system and be familiar with its use. The Contracting Officer's Representative (COR) or her /his inspectors may require a contractor, or their employees, to display on site that they have functional, adequate communications. Inadequate communications will be cause for the issuance of a written cure notice, or stop work order.

3. Travel Logistics pose a special challenge on the Tongass National Forest. Gaining access into remote work areas requires planning and research into local conditions. Contractors are advised to learn about the transportation systems of Southeast Alaska. Of special concern are jobs which may require a contractor to use small boats to access a work area. Boating can be dangerous any time of year in Southeast Alaska: particularly in fall, winter and early spring. Contractors are encouraged to familiarize themselves with emergency procedures.

4. Climate

Southeast Alaska climate is maritime; cool and moist. This maritime climate results in cool summers, moderate winters, considerable precipitation distributed throughout the year, and a high percentage of overcast days. Precipitation amounts vary widely throughout Southeast Alaska; however annual precipitation of over 100 inches is common. All field workers should be prepared for wet, cool conditions.

5. Bears

Black Bears range through the contract area. They are considered potentially dangerous in human/bear encounters. The best protection is avoiding bear/human contacts. Campsites shall be kept clean and free of garbage. Failure to do so will result in the issuance of a cure notice or a stop work order. Waste disposal shall be in accordance with Federal EPA guidelines. Report any problems with bears to the Contracting Officer (CO) as soon as possible. This may be done through the COR, or his/her inspectors. Especially important is the reporting of bears that appear to have become habituated to humans. Report habituated bears so that the Government can notify the public. Contractors are expected to obey all Alaska Fish and Game regulations.

FIRE REQUIREMENTS

1. EMERGENCY FIRE PRECAUTIONS

a) The Contractor shall restrict operations in accordance with the Emergency Fire

Precautions Schedule.

b) It shall be the Contractor’s responsibility to monitor and obtain the predicted Fire

Precautions Class from the appropriate Forest Service Office. If predictions made after 1800 local time are significantly different than originally estimated, the Forest Service will inform the Contractor when a change in restrictions or fire precautions are indicated.

EMERGENCY FIRE PRECAUTIONS SCHEDULE

c) The Forest Service may change the fire danger values to other essentially equivalent values, when the Fire Danger Rating Systems is revised. In this event a new Emergency Fire Precaution Schedule will be prepared. When sent to the Contractor, it will supersede the schedule here.

d) During periods of high Fire danger, the Forest Service may suspend operation until danger is passed. An adjustment in contract time may be made for this period.

Fire Precaution Class Fire Precautions

M.A.C. I & M.A.C. II

Normal fire precautions only.

Spark arrester installed.

Communications available.

Contact time is normal count

M.A.C. III

All prior fire precautions required.

No warming or lunch fire permitted.

Smoking materials permitted only in designated areas.

A #0 shovel is to be located where re-fueling of power saws takes place.

On the third consecutive day of M.A.C. III, the Forest Service may suspend felling, cutting operations from 1200hrs (12p.m.) until 1800hrs (6p.m.) (Hoot Owl).

The Contract time during shutdown period will be 50% time, 50% count.

Other operations including use of power saws at loading or landing sites are permitted, during the shutdown times.

M.A.C. IV

All prior fire precautions required Shutdown all power saws from 1200 hrs. (12p.m.) until 2000hrs.

(8p.m.) local time (Hoot Owl).

Contract time during shutdown 50% time 50% count.

Use of power saws at this may continue at landing/loading sites with Forest Service permission.

M.A.C. V Shutdown all operations.

No Contract time will be charged under this Fire Precaution Class.

J.2.0 EMERGENCY CONTROL

a) Immediately extinguish without expense to the Government all fires on or in the vicinity of the project and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government resulting from fires set or caused by the Contractor’s employees.

b) Contractor’s Responsibility for Controlling Other Emergencies – When requested by the Contracting Officer, allow the Forest Service to temporarily use employees and equipment for emergency control work. Payment will be made at not less than the current area rate established by the Forest Service.

c) Firefighting equipment will be required during the fire season from May 10 to August 31, and during any other period of fire danger designated by the Contracting Officer.

d) The Contractor will furnish rust-free fire tools to equip all workers employed in the Contractor’s operations at each separate work site. Maintain tools in serviceable condition and keep tools in one or more weather-tight fire tool boxes. Paint fire tool boxes red, mark “tools for Fire Only” with letters at least 75mm high, and keep sealed. Post a list of the contents inside each fire tool box so as to be visible when opened.

Kind of Tool No. of People Working in Area 1-4 5-9 10-15 16-20 Axe, d.b chopping, 32-inch min. handle 1 1 2 3 Shovels, L.H. R.P., No. 0 or larger 1 3 6 7 Pulaski, 32-inch min. handle 2 3 7 10 Pumps, backpack cans, 5-gal filled with

1 2 2 3

e) Equip each internal combustion engine with a spark arrester qualified and rated USDA-Forest Service, Standard 5100-1, unless it is:

f) Equipped with a turbine-driven exhaust supercharger such as the turbocharger.

There shall be no exhaust bypass.

g) A multi-position engine, such as on a chain saw, which is equipped with screen arrester, as described in the Forest Service Spark Arrester guide.

h) A spark arrester, which does not meet the requirements in this guide, may be approved upon submission of acceptable proof that the arrester is at least 80 percent efficient in retention, attrition, or destruction of carbon particles. Such arrester may be required to meet higher standards as improvements in design and efficiency are discovered.

i) A passenger-carrying vehicle or light truck intended primarily for use on roads, and equipped with a factory designed muffler and exhaust system.

j) A heavy duty truck, such as a dump or log truck, or other vehicle used for commercial hauling, used only on roads and equipped with a factory designed muffler and with a vertical stack exhaust system extending above the cab.

k) Properly install and constantly maintain in serviceable condition all exhaust equipment described in this Subsection, including spark arresters and mufflers.

l) Equip each unit of mobile or stationary power equipment, including trucks, with one shovel, and at least one fire extinguisher meeting one of the following specifications:

(1) 2-1/2 pound size or larger dry chemical type.

(2) 4-pound size or larger carbon dioxide type.

m) Test or check each extinguisher for proper functioning prior to the beginning of fire precautionary period.

n) Provide each gasoline power saw with one chemical-pressurized fire extinguisher of not less than 8-ounce capacity by weight. Maintain the extinguisher in good working order at all times.

o) Do not burn camp refuse, brush, slash, or debris such as that resulting from clearing around camps or on rights-of-way, without the written approval of the Contracting Officer. Submit written requests for burning to the Contracting Officer at least 48 hours in advance of intended burning. The Contracting Officer will approve routine camp refuse disposal incineration in the camp development proposal.

FIRE DANGER SEASON

If the COR allows the Contractor to continue work during periods of Closed Fire Season, the Contractor shall comply with all applicable State laws relating to fire prevention and with all special conditions of work as directed by the COR.

WORKER’S COMPENSATION LAWS

Alaska state law requires that most employers have worker’s compensation insurance for their employees. The forest Service furnishes contract award information to the Alaska Department of Labor. Failure to comply with the state worker’s compensation laws can be a felony offense in Alaska. For the definitions of “employer” “employee”, and “subcontractor”, rates of compensation, and other information contact:

Alaska Department of Labor Worker’s Compensation Divisions P.O. Box 25512 Juneau AK 99802-5512 Telephone: (907) 465-2790 (no collect calls); (907) 465-2797 (fax)

CONTRACT CLAUSES

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.203-3 Gratuities (APR 1984) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Sept 2013) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-7 System for Award Management (Jul 2013) 52.209-5 Certification Regarding Responsibility Matters (Apr 2010) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are are not presently debarred, suspe nt, or declared ineligible for the award of contracts by any Federal agency;

(B) Have have not , within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are are not presently governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has has not , within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror no responsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.209-7 Information Regarding Responsibility Matters (Jul 2013)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

52.212-1 Instructions to Offerors—Commercial Items (Jul 2013) Additional instructions, add the following to paragraph (b) Submission of offers:

(12) Submit with offer:

(a) A valid Migrant and Seasonal Agricultural Workers Protection Act (MSPA) registration number.

(b) Documentation affirming capability to obtain Worker’s Compensation Insurance.

(c) Experience and Capability Questionnaire (attached) or clearly written resume with the same information. This document will be used for source selection and must address the evaluation factors contained in the Evaluation for Award provision.

(End of provision)

52.212-2 Evaluation—Commercial Items (Jan 1999)

The Government intends to award to the offeror that represents the best value to the Government.

Price and other factors will be considered and evaluated, including past performances and experience. The Government intends to award without discussion.

The offeror’s record of past performance or the lack thereof. The government will evaluate the offeror’s reputation for conforming to specifications and to standards of good workmanship (including administrative aspects of performance), adherence to contract schedules, reputation for reasonable and cooperative behavior, commitment to customer satisfaction, and the degree to which they have shown business-like concern for the interest of the customer.

52.212-3 Offeror Representations and Certifications -- Commercial Items (Nov 2013) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision-- “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“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.

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000- 9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

“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—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(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 veterans or, 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” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“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.

“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 the 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 least 51 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.

(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 posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (o) 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 to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(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 it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(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, for general statistical purposes, 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.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror…