AG-4660-S-09-0004 Seedling Solicitation.doc

Pine and Hardwood Seedlings

AG-4660-S-09-0004

USDA FOREST SERVICE-SAVANNAH RIVER

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

29 Dec 2009

26 Jan 2009 1:00 p.m.

USDA Forest Service – Savannah River

EAZ Acquisition Management

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UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: % FOR

SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

BUSINESS

New Ellenton, SC 29809

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HUBZONE SMALL

NAICS: 113210 BUSINESS

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SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A)

SIZE STANDARD: $7 Million OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

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SEE SCHEDULE

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

USDA Forest Service Savannah River

1 mile inside Aiken barricade, SRS

Aiken SC 29809

16. ADMINISTERED BY CODE

USDA Forest Service-EAZ Acquisition Management

P. O. Box 700

New Ellenton, SC 29809

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

USDA OCFI CID AOB

P. O. Box 60075

New Orleans LA 70160

TELEPHONE N0.

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

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SEE ADDENDUM

A teleconference is scheduled for 13 Jan 2009 at 10:00.a.m (Refer to page 19) Contractor must be registered in Contractor Central Registration (CCR) (www.ccr.gov) and ORCA (www.bpn.gov) to be awarded the contract

DUNS #__________________ Tax ID # ________________

The Government reserves the right to award to the offeror(s) providing the best value to the Government. Award may not necessarily be made to offeror(s) submitting the lowest price.

EMAIL PROPOSALS ARE NOT PERMITTED.

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

25. ACCOUNTING AND APPROPRIATION DATA

To be cited on individual task orders.

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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ARE NOT ATTACHED

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ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SCHEDULE OF ITEM, Pages 3-5 CONTRACT CLAUSES, Pages 6-8

EXHIBIT A--SPECIAL CONTRACT REQUIREMENTS—SAVANNAH RIVER, Pages 9-12 CONTRACT EXHIBIT B – CONTRACT ADMINISTRATION DATA, Pages 12-13 SOLICITATION PROVISIONS. Pages 14-25 ATTACHMENT 1, Specifications, Bare root Seedlings, 6 pages ATTACHMENT 2, Experience Questionnaire, 4 pages

32a. QUANTITY IN COLUMN 21 HAS BEEN

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RECEIVED

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INSPECTED

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECTFOR

|PARTIAL | |FINAL

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COMPLETE FORMCHECKBOX

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FINAL

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.3/2005) BACK

Continuation of SF1449 Block 18: Remittance address; USDA Forest Service, Savannah River

P. O. Box 700

New Ellenton, SC 29809

Block 19, 20, 21, 22, 23, and 24

SCHEDULE OF ITEMS

The Contractor shall furnish labor, supervision, equipment and materials to perform all operations necessary to accomplish the work in accordance with the Solicitation Provisions, Contract Clauses, Statement of Work/Specifications, and task orders issued as a result of this solicitation

Base Period (15 Mar 2009 or date of contract award whichever is later –14 Mar 2010)

Quantity

Total

M

M

Base Period Total (Items 1A-1E)$________________________

Option I (15 Mar 2010 –14 Mar 2011)

Quantity

Total

Option I Period Total (Items 2A-2E)$________________________

Option II (15 Mar 2011–14 Mar 2012)

Quantity

Total

Option II Period Total (Items 3A-#E)$________________________

Option III (15 Mar 2012–14 Mar 2013)

Quantity

Total

Option I Period Total (Items 2A-2E)$________________________

Option IV (15 Mar 2013–14 Mar 2014)

Quantity

Total

Option IV Period Total (Items 5A-5E)$________________________

GRAND TOTAL (Items 1A-1E, 2A-2E, 3A-3E, 4A-4E, 5A-5E) $________________________

(M= Thousands) AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988) During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $25,000.00 for the base and each option period but not in excess of $550,000.00 over the life of this contract.

Notice: SRS is a restricted access government facility. A minimum of 72 hours is required to process any security badge requests for U.S. Citizens and up to 30 days could be required for non-U.S. citizens.

*These sections and pages are to be returned as RFP documents:

-SF 1449 (page 1)

Schedule of Items (pages 3-4)

FAR 52.212-3, Representatives and Certifications (Complete shaded block2 on page 21) Technical Proposal (Contractor may complete Experience Questionnaire (Attachment 2))

Acknowledge any and all amendments

Write or type on outside of envelope in which the offer is submitted:

ATTENTION: Margie Yeaton AG-4660-S-09-0004 so that mailroom personnel will recognize document as an offer for this solicitation.

-Mailing Address:

USDA Forest Service—Savannah River

P. O. Box 700

New Ellenton, SC 29809-0700

-PHYSICAL ADDRESS: FOR UPS AND FEDEX DELIVERY

USDA Forest Service

1 mile inside Aiken Barricade, SRS

Bldg 760-15G

Aiken SC 29802

-FAX INFORMATION: (803)725-1807

-EMAIL ADDRESS: myeaton@fs.fed.us Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (Oct 2008)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Dec 2008)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

52.237-2 X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

X (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

X (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

X (16) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

X (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (19) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

X (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

X (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793).

X (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

X (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

X (24) (i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

X (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (31) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

X (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332).

52.245-1 Government Property (Jun 2007)

FAR 52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 15 March l 2008 or date of award whichever is later through 14 March 2009 for the basic period. Option I: 15 Mar 2010 through 14 Mar 2011. Option II: 15 Mar 2011 through 14 Mar 2012. Option III: 15 Mar 2012 through 14 Mar 2013. Option IV: 15 Mar 2013 through 14 Mar 2014.

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

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

FAR 52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less $1,000.00, Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $100,000

(2) Any order for a combination of items in excess of $100,000; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 April 2010 for the base period. Option I – 30 Apr 2011. Option II—30 Apr 2012. Option III—30 Apr 2013. Option IV—30 Apr 2014.

FAR 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

FAR 52.232-18 Availability of Funds (APR 1984)

AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES

AGAR 452.211-75 Effective Period of the Contract (FEB 1988) The effective period of this contract is from 15 March 2009 or date of award whichever is later through 14 March 2010. Option I: 15 Mar 2010 through 14 Mar 2011. Option II: 15 Mar 2011 through 14 Mar 2012. Option III: 15 Mar 2012 through 14 Mar 2013. Option IV: 15 Mar 2013 through 14 Mar 2014.

AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 30 days after the date of contract award. The conference will be held at Bldg 760-15G, Savannah River Site or at another site mutually agreed to by both parties.

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

ATTACHMENT 1, Specifications, Bareroot Seedlings, 6 pages

ATTACHMENT 2, Experience Questionnaire, 4 pages

EXHIBIT A – SPECIAL CONTRACT REQUIREMENTS –SAVANNAH RIVER

SAVANNAH RIVER SPECIAL CONTRACT REQUIREMENTS

SITE ACCESS AUTHORIZATION FOR CONTRACTOR AND EMPLOYEES

Contractor, Contractor’s employees, subcontractors and subcontractors’ employees will be required to attend Category II General Employee Training (GET) prior to obtaining a Savannah River Site Access Badge if the personnel have not previously attended this training. Category II GET training is given every Thursday morning at the Jackson, SC Town Hall. GET training consists of watching a one and one-half hour video and taking a test with questions concerning material shown on the video. GET training is an orientation for personnel who will work at the Savannah River Site for more than 10 (ten) consecutive days in a one year time period. After award of the contract coordination for scheduling of the GET training will be performed by the Contracting Officer’s Representative (COR). Normally personnel will go from the GET training to Central Badging (Bldg.703-46A) to obtain their SRS access badge. At the Central Badging, personnel will be required to have two forms of identification (including one form of current picture identification) and a card that will be given to each person upon successful completion of the GET training. The Contractor must complete Section 2 of the OSR form 10-302 for each employee, subcontractor and subcontractor’s employee and submit forms to the COR no later than Monday of the week the GET training is scheduled. The COR will provide the OSR 10-302 forms to the Contractor and will answer questions concerning the completing of the forms and the GET training.

However, a screening process will be performed and those individuals meeting the following conditions will be denied future access to SRS.

1. Those who are currently on probation or parole for a felony (as determined by the state where the conviction occurred).

2. Any applicant for employment at SRS who received a positive drug screen.

3. Any employee who was assigned by his employer to work at the SRS and was fired for possession, trafficking or use of illegal drugs or for being under the influence of drugs while at SRS.

4. Any employee who has fired or quit to avoid being fired from any employment for violation of a contractor or subcontractor policy on the use or abuse of illegal drugs.

5. Any employee who has been denied a DOE access authorization (security clearance) pursuant to the procedures of 10 CFR 710 administrative review.

6. Individuals who have been involuntarily terminated or have voluntarily terminated to avoid involuntary termination from any employment for theft of Government property at the SRS or for a willful violation of contractor policies or security regulations which may jeopardize the security of site operations or the health and safety of other employees or the general public.

7. Any employee who has been fired or quit to avoid being fired from any employment at the SRS for theft of property.

Contractor or their representative shall be notified of employees that will be denied access to SRS and immediately upon notification, Contractor shall remove the employee(s) from SRS and return the site access badge(s) to the Contracting Officer or COR. Contractor shall be responsible for replacing those employee(s) denied access to SRS and denial of access for Contractor’s employee(s) shall not be construed as a suitable excuse for nonperformance of the contract. If the contractor is denied access to SRS the contract may be terminated for default.

Failure of the Contractor to promptly remove employee(s) denied access and to surrender their site access badges to the Contracting Officer or COR may result in termination for default.

SECURITY AND ACCESS INFORMATION FOR DELIVERIES MADE TO THE SITE: All deliveries must enter through S.C. State Highway 19 Aiken/New Ellenton Savannah River Site security entrance barricade. Moreover, vehicles over a certain size restriction must enter through the Aiken barricade; however, the vehicles may exit through any exit point. Delivery personnel must have access to all compartments of the delivery vehicle and allow security personnel to search the vehicle. All Contractors will require a security badge for entry to the Site. To obtain a badge, the contractor will receive a general visitor/contractor safety/security briefing at the 703-46A badge office. Allow at least 1-2 hours for badge processing. The badge office hours are Monday through Thursday 6:30 a.m. to 4:00 p.m. On Fridays, the badge office closes at 3:00 p.m. Contractors should arrive at least 1 hour prior to closing time to ensure adequate processing time. This briefing will be delivered using the touch screen computer stations in the badge office. Furthermore, contractors could receive a safety/security briefing via a hard copy checklist and manual log at the Aiken/New Ellenton barricade. Also, if applicable, hazard-specific checklists for high and medium hazard work will be utilized and will be subject to focused observations, as appropriate. Contractor must provide current vehicle registration and proof of insurance along with a valid driver’s license to gain entry to the site.

The following are prohibited items on the SRS: Weapons; firearms and simulated firearms; ammunition or incendiary devices with the exception of emergency road flares; explosive materials and devices such as firecrackers; narcotics, illegal drugs, and drug paraphernalia; alcoholic beverages to include non-alcoholic beer; chemical irritants with the exception of small containers of mace carried for personal protection; and stun guns. External fuel tanks and fuel containers shall not be brought onto the site unless required for contract performance.

Due to the point of entry procedures at SRS, the contractor will be required to give a 3 day notice of delivery and provide to designated Forest Service personnel, the cargo delivery driver’s name and company’s name, social security number and a fax copy of his/her driver’s license. Two forms of identification (one must be a picture ID) will be required by the driver. Page 11 lists the acceptable documents for identification purposes. Drivers must be United States Citizens and cannot be parolees or convicted felons. Former SRS employees removed for cause are denied entry to SRS. Delays and/or costs associated with the use of drivers failing to meet these qualifications or for failure to follow the procedures indicated will be born by the contractor.

RECEIVING INFORMATION: Normal receiving hours for the USDA, Forest Service—Savannah River located 1 mile inside the Aiken/New Ellenton barricade are Monday through Friday, 9:00 a.m. to 3:00 p.m., except for Federally recognized holidays. Trucks arriving after the hours indicated will be turned away unless prior arrangements have been made with the point of contact. The Contractor shall pack and mark the shipment in conformance with the carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee and ay all charges to the specified point of delivery. Failure to pass receipt inspection may result in material being returned to contractor. Note: The Contractor must be capable of off-loading material. No loading dock is available.

COMPLIANCE WITH AREA REGULATIONS

The Contractor agrees to comply with all security and safety regulations and requirements of the Government. The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, and integrity and shall be responsible for taking disciplinary action with respect to his/her employees as may be necessary. In the event the Contractor fails to remove any employee whose continued employment is deemed by the Government to be contrary to the public interest, the Government reserves the right to require the Contractor to remove the employee. The Contractor agrees to designate a representative who shall be authorized to receive on behalf of the Contractor any notices and instructions given by the Contracting Officer in regard to performance under this contract and to take such action thereon as is required by the terms of this contract.

The Contractor further agrees that only persons possessing a valid state driver’s license will be permitted to operate motor vehicles engaged in the performance of this contract upon the roads of the SRS. Failure to furnish evidence of such license for an employee driver will result in such employee being denied access to the SRS. In addition, Contractor and all employee drivers shall comply with all applicable state laws regulating traffic on SRS.

SAFETY AND HEALTH

Contractor shall take all reasonable precautions in the performance of the work under this contract to protect the safety and health of employees, subcontractors, and members of the public and shall comply with all applicable safety and health regulations and requirements of the Department of Energy, OSHA (including reporting), and the USDA Forest Service.

Contractor agrees to cooperate in making it possible for the Contracting Officer, Forest Service, and DOE personnel to safely and economically inspect activities under this contract and to conduct their official duties on the contract site and such other places on the SRS where the Contractor, his/her employees, and subcontractors conduct operations under this contract. The Contracting Officer shall notify the Contractor, in writing, of any noncompliance with the provisions of this clause and the corrective action to be taken. After receipt of such notice, the Contractor shall immediately take such corrective action. In the event that the Contractor fails to comply with said regulations or requirements, the Contracting Officer may, without prejudice to any other legal or contractual rights, issue an order stopping all or any part of the work; thereafter, a start order for resumption of the work may be issued at the discretion of the Contracting Officer. The Contractor shall make no claim for an extension of time or for compensation of damage by reason of or in connection with such work stoppage. In the absence of the Contracting Officer, the COR, the inspector, or any DOE or Government employee has the authority to stop all or any part of the work being conducted by the Contractor if it is determined that any unsafe condition is occurring that threatens life or limb. If such action is taken, the Government employee must notify the Contracting Officer or COR immediately at 725-0239. If the COR or inspector is at the work site, the Government employee must promptly notify the COR or inspector of the action taken and the unsafe condition observed. The resulting formal contract action will be directed by the Contracting Officer.

SUSPENSION OF WORK

The Department of Energy operates the Savannah River Site. Sometimes due to safety, security and other reasons, the Contracting Officer may order the Contractor to suspend or delay work. FAR Clause 52.242-14 terms and conditions will apply if a work suspension/delay is ordered by the Contracting Officer.

HOURS OF OPERATION.

Normal operating hours are 0700 to 1700, Monday through Friday. The contractor shall perform services required under this contract during normal operating hours excluding the following recognized Federal Holidays

New Year’s Day, January 1

Martin Luther King, Jr.’s Birthday, 3rd Monday in January

Presidents Day, 3rd Monday in February

Memorial Day, last Monday in May

Independence Day, July 4

Labor Day, 1st Monday in September

Columbus Day, 2nd Monday in October

Veterans Day, November 11

Thanksgiving Day, 4th Thursday in November

Christmas Day, December 25

If work outside the normal operating hours is necessary, approval from the COR is required with at least 48 hours notice.

EXIHIBIT B--CONTRACT ADMINISTRATION DATA

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B-1 CONTRACTING OFFICER

a. The Contracting Officer (CO) responsible for award and administration of this contract:

Margie Yeaton

USDA FS / SRS (EAZ)

P.O. Box 700

New Ellenton, SC 29809

(803) 725-0239 myeaton@fs.fed.us

b. Any warranted Contracting Officer assigned to the Eastern Administrative Zone is authorized to place orders against this contract subject to their respective warrant limitation

c. A Contracting Officer means a person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modification to contracts, processes and approves payment request, reviews and make final decisions on contractual discrepancies, and administers the contract. The CO will also be responsible for the day-to-day monitoring of the contractor’s performance in the areas of contract compliance, contract administration, cost control, and property control; reviewing the COR’s assessment of the contractor’s performance; and resolving all differences between the COR’s version and the contractor’s version.The Contracting Officer is the only authorized individual to make changes to the contract.

B-2 CONTRACTING OFFICER’S REPRESENTATIVE(S) – LIAISON

a. Contracting Officer’s Representative(s) (COR) and/or inspector will be designated in writing at the time of contract award. A copy of the designation will be furnished to the Contractor.

b. The COR will act as liaison between the USDA Forest Service herein referred to as “FS” and the Contractor(s), and, when necessary, will provide technical direction to the Contractor(s). The Contracting Officer’s Representative (COR) and is responsible for monitoring, assessing, recording, and reporting on the technical performance of the contractor. The COR, however, is not authorized to change any of the terms and conditions of the contract, make decisions concerning disputes arising under the contract, or resolve differing site condition matters. Neither the presence nor absence of a government representative shall relieve the Contractor(s) of his/her/their responsibilities under the contract.

c. The Contracting Officer for this contract should be informed as soon as possible of any actions or inaction’s by the Contractor or the Government which could change any of the terms, conditions, or completion time stated in the contract. On all matters pertaining to contract terms, the Contractor must communicate with the Contracting Officer.

d. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the Contract, the Contractor should advise the Contracting Officer immediately.

B-3 CONTRACTOR’S RESPRESENTATIVE.

Any representative of the Contractor shall be designated in writing. The designation shall clearly indicate the name and limitations of authority, if any, of the representative.

B-4 TASK ORDER PROCESS

a. The contractor shall furnish all personnel, materials, equipment, services and facilities (except as otherwise specified) necessary to perform in accordance with the contract specifications for each task order.

b. A task order is the contractual instrument issued by the Government to the Contractor to order work. Usually two task orders will be issued one for pine seedlings and the other for hardwood seedlings. (The usual planting season for pines is from December through February—perhaps extending into March. For hardwoods the planting season can extend to April.) The Government issues the task order unilaterally based on the pricing indicated in the schedule of items. .

c. For deliveries, the Government shall furnish an estimated shipping schedule to the Contractor by December 1, and the Government and Contractor shall coordinate the actual seedling shipments, providing a minimum of five (5) days notice prior to shipment. The Government requests for delivery will average approximately 25 M to 100 M seedlings per load. The hardwoods will usually be delivered all at one time.

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B-5 GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

The Government will furnish all seed (except for loblolly) for sowing under this contract, and will include the following information for each seed lot, which the Contractor may use to calculate seed needs.

The government reserves the right to review the amount of seed requested.

Seedlot ID Seed Count

Year Collected % Seed Filled

Germination Rate Test Date

% Purity Viable Seed/lb.

SOLICITATION PROVISIONS

The Solicitation Provisions are for solicitation purposes only. They will be physically removed from any resultant award, but will be deemed to be incorporated by reference in the award.

FAR Provision 52.212-1, Instructions To Offerors--Commercial Items (Jun 2008) is hereby tailored as follows:

(Incorporated By Reference On Standard Form 1449)

Paragraph c is changed to read as follows: (c) Period for acceptance offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

Paragraph (d) is deleted

Paragraph (e) is deleted.

Paragraph (i) is deleted.

The following paragraphs are added to FAR Clause 52.212-1.

(m) Proposal Preparation Instructions. These instructions are designed to ensure the submission of information essential to the understanding and comprehension of the proposal. There is no intent to limit the content of the proposal. The instructions permit the inclusion of any additional data or information an offeror deems pertinent. Offerors are cautioned to follow the detailed instructions carefully and fully, as the government reserves the right to make an award based on initial offers received without discussions of such offers.

1. After compiling all required information reassemble the solicitation document in accordance with appropriate instructions and return the executed documents to the issuing office listed in Block 9 of the SF 1449 on or before the date/time specified on the front of the SF 1449. Write or type on the outside of the envelope in which the offer is submitted:

ATTENTION: MARGIE YEATON

AG-4660-S-09-0004

(1) All quotations must be complete, self-sufficient, respond directly to the requirements of this solicitation

(2) The following material will be submitted:

i. Contract Forms:

1) SF 1449 (Complete Block 12, 17, 20, and 30 of SF 1449)

2) A completed copy of the representations and certifications at FAR 52.212-3 (Shaded blocks on pages 22-30)

3) Acknowledge any and all amendments.

4) The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists, offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness of the price.

ii. Price: Complete and return the schedule of items. (Page 3)

iii. Technical: The contractor shall prepare a technical proposal not to exceed more than 25 pages (8 ½ x 11) which provides the information required for each of the following subfactors. No reference to proposed prices shall be made in the technical proposal. The experience questionnaire (Attachment 3) may be used for the technical proposal and supplemented as necessary.

1) Proposed Work Plan: Provide a description of your approach to accomplishing work tasks as listed in the specifications. Detail how you will accomplish these task in an efficient, effective, manner.

2) Equipment: List the necessary equipment and machinery that will be used to perform this contract. Indicate the nursery space to be used. Describe your standard operating procedures for keeping machinery and equipment operational during planting projects

3) Key Personnel: List the names of the key personnel to be assigned to this contract, including the nursery manager, quality control monitor, forester(s) and any other employees who will perform nursery work. Describe their experience (years) in performing this type work.

4) Nursery Location: Indicate the location of the nursery where the seedlings will be grown.

5) Quality Control Plan: Provide a draft quality control plan addressing how the Contractor will assure quality meets the requirements and specifications of the contract. The plan shall specify how quality will be monitored to assure the performance standards are met; the supervision of crew(s) and work; and the personnel who will be performing the quality control. The plan should also address how the offeror will ensure a quality-culturing regime and safeguard seedling quality and viability.

iv. Past Performance: As part of the evaluation process, the Government will assess each offeror’s past performance. The offeror shall present factual material dealing with contracts held with other Government agencies or with private sector businesses on which the same or similar services were provided. Information requested includes successful execution of contracts, and in problem areas, the steps taken to resolve or correct. For those contracts with less than positive performance, you are encouraged to provide a description of the problems and the efforts made to correct and to prevent future occurrences Offerors are cautioned that the Government will use information provided by the offerors and information obtained from other sources in the development of the performance confidence assessments.

a) Content.

1) Offerors shall provide a list of all seedling contracts similar in size and scope completed or begun during the past three years shall. The list should not exceed more than 15 contracts. Offerors shall submit the list no later than the offer due date and time indicated on Standard Form 1449, Block 8, to USDA Forest Service – EAZ Administration Zone, Attn: Margie Yeaton (803) 725-0239, P.O. Box 700, New Ellenton, SC, 29809 . Include the following information for each contract:

a. Number and type of seedlings provided.

b. Growing methods used (bare root and/or containerized)

c. Contract Number, Total Contract Value.

d. Period of Performance and indicate whether the contracts completed within the given time frames

e. Client’s Name, Address, Telephone, and point of contact

2) Offerors lacking recent and relevant present/past performance experience similar to the services specified may submit information regarding key personnel who have recent and relevant experience. In this case, offerors shall provide the following information, as a minimum, to allow government evaluators to conduct a present/past performance evaluation on those key personnel cited by the offeror.

Name of Key Personnel

Complete Address

Telephone Number

Brief synopsis of relevant experience (a resume may be submitted)

NOTE: “Relevant past performance” is defined as grow and provide seedlings (most relevant being bare root) the same or similar to those in the Statement of Work contained in this solicitation.

FAR 52.212-2 Evaluation – Commercial Items (JAN 1999)

(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: Price, technical capability, and past performance

(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.

ADDENDA to 52.212-2 EVALUATION –COMMERCIAL ITEMS (JAN 1999)

(d) BASIS FOR CONTRACT AWARD: The basis for award will be an integrated assessment based on tradeoff between technical capability, past performance and price. The Government will award the contract to the offeror who represents the best value to the Government in terms of technical capability, past performance and price, as outlined below:

1. PRICE: Price proposals will be evaluated after evaluations of the technical proposals by the Contracting Officer. Each price proposal shall be evaluated to determine its reasonableness for the effort proposed and to determine the demonstrated understanding of the level of effort needed to successfully perform the services. The following factors will be used evaluating price and price related factors.

(1) Completeness: The proposal covers all requirements of the specifications (Attachment 1), includes all pricing information required by the solicitation, and the Schedule of items is completed as required. The contractor must provide pricing for all items.

(2) Reasonableness: Prices are reasonable in comparison to estimates, prior prices paid, competition and can be supported by suitable estimating techniques.

(3) Realism: The government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between the line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated, as indicated by the application of cost or price analysis techniques. For example, if unique and innovative approaches are the basis for an unbalanced/inconsistently priced proposal, the nature of these approaches and their impact on price must be completely documented. The burden of proof of realism rests solely with the offeror. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the government.

2. PAST PERFORMANCE: Past performance assessments shall be accomplished for all offerors, and each offeror shall be assigned one of the following ratings:

(1) Past performance assessments shall be accomplished for all responsive offerors. A number of past performance references provided by offerors will be selected and investigated. Any derogatory past performance information obtained will be presented to the affected offeror and that offeror will have an opportunity to respond with any mitigating facts. Prior experience or personal knowledge concerning an offeror, on the part of members of the technical evaluation team may only be used in the evaluation of an offeror’s past performance. References will be asked about the offeroer’s past performance regarding the subfactors identified in paragraph 2 (3) below. The final determination of past performance ratings shall rest with the contracting officer.

(2) An offeror with limited or no recent or relevant past performance will receive a rating of Neutral/Unknown Confidence, and will not be rated favorably or unfavorably on past performance.

(3) Past performance shall be evaluated on the basis of the following subfactors of equal importance:

i. Contract Performance in projects of the same size and scope

ii. Quality of Service

iii. Timeliness of Performance

3. TECHNICAL CAPABILITY: Technical capability assessments shall be accomplished using the information submitted for all offerors, and each offeror shall be assigned one of the following ratings:

EXCEPTIONAL (E)

The proposal exceeds the requirements of the RFP and provides an exceptional or outstanding approach that fully satisfies the Government’s requirements.

VERY GOOD (VG): The proposal exceeds the requirements of the RFP and provides a more than satisfactory approach that fully satisfies the Government’s requirements

ACCEPTABLE (A)

The proposal fully satisfies the requirements of the RFP and demonstrates a understanding of the solicitation. The offeror has adequately addressed the Government’s requirements.

MARGINAL (M)

The proposal does not fully meet the requirements of the RFP. Weaknesses are identified which would indicate an insufficient understanding of the Government’s requirements. With minor revisions or clarifications, the proposal has a reasonable chance of becoming technically acceptable.

UNACCEPTABLE (U)

The proposal fails to satisfy requirements of the RFP and the approach contains an unacceptable level of risk to the Government. Major deficiencies have been identified in the proposal which are either not correctable or would require major revision/rewrite to the proposal, without which the proposal doesn't have a reasonable chance of becoming technically acceptable.

Technical capability shall be evaluated on the basis of the following sub factors to determine minimum acceptability and identify any strengths or weaknesses. The contractor’s nursery must be located within a 4 hours drive or approximately 240 miles from the Savannah River Site to be awarded any resultant contract. All sub factors are of equal importance.

(1). Ability to perform in accordance with the contract as outlined in the specifications.

(2) Ability to maintain and operate the necessary equipment to be used.

(3) Key personnel assigned to this contract have the necessary experience for contract performance

(4) Nursery is located within 4 hour drive or approximately 240 mile radius of the Savannah River Site. (Pass or Fail)

(5) The quality control plan sufficiently addresses the all areas in addendum to FAR 52.212-1 paragraph (m)1.(2)iii 5).

4. Technical and Past Performance, when combined, are more important than price. Award may be made to other than the low offeror.

5. The Government reserves the right to award the contract to other than the lowest priced offeror.

(e) AWARD WITHOUT DISCUSSIONS. The Contracting Officer will only clarify the offerors’ information; no discussions are contemplated in accordance with FAR 15.306. Offerors may be given the opportunity to clarify relevance or adverse past performance to which the offeror has not previously had an opportunity to respond.