Hazardous_Fuel_Reduction.docx

DATE

AG-51KN-S-17-0006

DATE

04/21/2017

INFORMATION CALL:

05/12/2017 @ 12:00 PM CST

9. ISSUED BY CODE

10. THIS ACQUISITON IS

|_| UNRESTRICTED OR |X| SET ASIDE: 100 % FOR

USDA Forest Service Midewin National TallGrass Prairie 30239 S. State Route 53 Wilmington, IL 60481

|X| SMALL

BUSINESS

|_| EMERGING SMALL

BUSINESS

|_| HUBZONE SMALL

NAICS: 115310 BUSINESS

|_| SERVICE-DISABLED VETERAN- |_| 8(A)

SIZE STANDARD: $7.5 Million OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

14. METHOD OF SOLICITATION

|X| RFQ |_| IFB |_| RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

INVOICE PROCESSING PLATFORM (IPP)

Please refer to Page 6 for more information on IPP and submitting your invoices.

TELEPHONE N0.

Furnish all labor, materials, supervision, permits, tools, and equipment required to provide hazardous fuels reduction services at the Midewin National Tall Grass Prairie, Wilmington, IL

Emailed submissions are preferred to:

rabolden@fs.fed.us No fax submissions will be accepted

SEE ATTACHED SCHEDULE OF ITEMS

25. ACCOUNTING AND APPROPRIATION DATA

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

PLEASE SEE THE ATTACHED SCHEDULE

OF ITEMS – PAGES 3.

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| 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

CORRECT FOR

|PARTIAL | |FINAL

|_| COMPLETE |_| PARTIAL |_| 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

BLOCK 20 - SCHEDULE OF SUPPLIES/SERVICES

Adjacent Lands Fuels Reduction Project Midewin National Tallgrass Prairie

SCHEDULE OF ITEMS

Quantity Unit Price Total Amount

Grant Creek Conservation Area Woody Vegetation Removal, as specified below

Acre

Foliar Spray Resprouts and Viable Target Species, as specified below.

Acre

TOTAL OF ITEMS 001 – 002 TOTAL QUOTE

GENERAL INFORMATION

OFFERORS SHALL BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) (www.sam.gov) and SHALL ENTER THEIR REPRESENTATIONS AND CERTIFICATIONS ONLINE TO RECEIVE AN AWARD. YOUR QUOTE WILL NOT BE CONCIDERED IF REGISTRATION CANNOT BE VERIFIED.

Furnish quote by 12:00a.m. c.s.t., May 12, 2017. Email to rabolden@fs.fed.us

The North American Industry Classification System (NAICS) code for this acquisition is 115310.

Service rates apply to this acquisition.

1. This solicitation will result in the award of a firm-fixed price contract. One or more awards may be made to the responsible Offeror(s) whose proposal(s) are determined to offer the best value to the Government, price and other evaluation factors considered.

Performance of contract work shall be in accordance with Attachment #1 – Statement of Work.

2. A formal site visit has not been scheduled. Offerors are required to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

3. The Government intends to evaluate proposals and award a contract(s) without further negotiations or discussion, unless clarification is required. Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from a price and technical standpoint. The Government reserves the right to enter into discussions later, if the Contracting Officer deems that it is in the interest of the Government to do so.

BASIS OF AWARD: Basis of award will be Best Value. Past performance, Price and technical expertise will be factored into the award decision. Past performance and the other factors, when combined, are more important than to price or cost. Failure to submit employee (s) and subcontractor employee(s) State of Illinois (or reciprocal) licensing certification for herbicide treatment will result in the quote being deemed as nonresponsive and not considered further for award. The offeror is required to submit a response to all technical information requested. Failure to submit a complete technical response may result in proposal not being considered further for potential award. However, failure to submit employee (s) and subcontractor employee(s) State of Illinois (or reciprocal) licensing certification for herbicide treatment will result in the proposal being deemed as nonresponsive and not considered further for award.

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

STATEMENT OF WORK (SOW)

The project area includes Grant Creek Conservation Area, owned and operated by the Illinois Department of Natural Resources (IDNR). This project is taking place under agreement between the IDNR and FS in effort to reduce hazardous fuels.

SPECIFICATIONS

Item 1: Grant Creek Conservation Area Woody Vegetation Removal:

All woody vegetation (excluding nut producing trees) 8” dbh and under will be cut to within 4” to 6” from the ground surface. The cut material should be slashed so that the material doesn’t stick up over 6” off the ground. Forestry type mowers will be permitted for this project. This work will be performed from the period of October 1st through March 30th or when the ground is frozen or dry so rutting is prevented.

Item 2: Foliar Spray Resprouts and Viable Target Species:

Woody resprouts and saplings/seedlings (excluding nut producing trees) under four feet will receive two foliar treatments. The first treatment will start in June of 2018 or after full leaf expansion and must be completed by Sept 30th 2018. The second treatment will start in June of 2019 or after full leaf expansion and must be completed by Sept 30th 2019. All areas will be treated with Metsulfuron methyl (Escort or equivalent). Herbicide dye must also be used. The herbicide concentrations to be used are based on the manufacturer’s label directions for foliar treatment. Backpack sprayers or ATV mounted sprayers are permitted for treatment. Other methods of application or herbicide may be acceptable with prior approval of the Forest Service COR. Treatment acres may be substituted due to issues caused by weather conditions or accessibility.

GENERAL HERBICIDE TREATMENT SPECIFICATIONS

The following specifications provide criteria pertaining to herbicide application according to current EAs where work would occur under this contract. Individual assignments for specific areas may contain additional restrictions on treatment activities depending on the application area. Large scale broadcast or aerial spraying will not be allowed. The FS will consider other types of application than those specified, but must have approval by COR prior to application.

Contractor will place “Caution Herbicide Application---Keep Off” flags up around the areas being sprayed and will remove the flags after an appropriate interval has occurred (as per label directions). The Forest Service will supply the flags.

Contractors will use typical herbicide concentrations according to all EPA approved manufacturer herbicide directions. Contractor will mix herbicides in accordance with manufacturer’s instructions and any applicable laws or regulations. The contractor is responsible for the cleanup of any spills and will notify the COR immediately of any spills. Foliar application will only occur when wind velocity is less than 12 MPH, unless permission is granted by the COR or designated Inspector. Contractor must have herbicide Labels and Material Safety Data Sheet on site and provide the COR with copies prior to start of work. Application must be performed within specifications indicated on the herbicide label. Contractor must have a valid Illinois herbicide applicators license and all employees spraying herbicide will need valid Illinois operators or applicators licenses. Contractor will supply the Forest Service with copies of the licenses prior to starting work.

Contractor must take care to minimize the drift from herbicide application. Under no conditions will contractor allow over-spray of herbicides to drift into more than 10% of the area and no herbicide damage can occur beyond 1 feet of the target infestation. Only chemicals for aquatic use in or adjacent to wet areas shall be used whenever directed to adjacent to waterways and wetlands such as the aquatic formulation of glyphosate (Rodeo® or equivalent product).

Foliar application will occur after full leaf expansion and applicators will apply herbicides in a systematic fashion to provide coverage to the entire infested areas and according to the specifications in the Contract. Contractor shall apply foliar spray in such a manner to thoroughly wet foliage, but not to the point of runoff to avoid harm or mortality to desirable non- target species.

The contractor will keep a daily log of work activities. The log will include items worked on, weather conditions (temperature, wind direction, and wind speed), number of man-hours, herbicide used, quantity of herbicide used and approximate acreage covered. Other log requirements include date, time of day (start and stop time), treatment location, hours to complete task type of application (method/technique), name of licensed commercial applicator, type of equipment used, and any other optional information such as miscellaneous notes or observations (FS will provide daily herbicide log for contractor to use). The log must be submitted prior to or with the final bill. Complete payment will not be made without the complete daily log. Contractor will supply Forest Service with copies of receipts for purchases of herbicide as the herbicide is purchased.

100% of the project area will be treated. At least a 95% kill rate will be guaranteed by the contractor with no more than 10% mortality to nearby or interspersed desirable non-target plant species because of inadvertent treatment or overspray of herbicides. FS will accept work based upon a visual inspection, but the contractor has the option to ask for sampling to be done to confirm visual kill rate. This sampling will consist of ten 1/100 hectare plots unless less than 10 shrubs are found in a plot in which case the size of the plot will be 1/10 hectare. Plot points will be established in the field prior to treatment and marked by GPS. Plots will be representative of the density of the woody vegetation within the project area.

All herbicide applicator staff must be able to identify both target and non target plant species in the field, including during dormant seasons.

GENERAL SPECIFICATIONS

Work under this contract will not be performed when ground or access road conditions would result in damage to access roads or to the natural resources. If precipitation makes the ground wet enough to cause rutting, then work will be temporarily suspended or the contractor can bring in machinery that won’t cause ruts. Soil ruts deeper than 2 inches or covering more than 10% of the designated work area must be avoided or mitigated by the contractor. Mitigation would include filling in the ruts and possibly seeding the area with appropriate plant species. Any instance of ruts will be reported to COR. Contractor is responsible to plan accordingly based on weather and ground conditions.

Contractor’s equipment (heavy equipment or off-road equipment) must meet fire and safety requirements. All equipment must be steam cleaned or run through a car wash prior to coming on site to remove any invasive plant species seeds. Compressed air cleaning may be an adequate cleaning method, but must be approved by the COR. COR or designated Inspectors will inspect equipment upon being brought onto Midewin for the first time, or subsequent returns if the equipment is taken off site and returned.

Any spill of fuel or hydraulic fluid greater than one (1) pint must be immediately reported to the COR or PM. Contractor personnel must have training to ensure they are qualified to identify such releases and are competent to provide proper cleanup and reporting. All spilled materials and impacted soils will be removed and properly disposed as necessary.

Sensitive areas, cultural resource sites, wetland, species habitat and native vegetation may exist within the project area. These areas will be marked by Midewin staff as needed and avoided by the contractor or performed only with an appropriate Midewin staff member on site.

In areas which will be open to the public the contractor will put up warning signs in ingress and egress lanes to the work area . Operating areas, temporary woody storage areas, and equipment ingress and egress lanes for equipment will be approved by the COR in advance of work in each area.

Wet weather conditions may preclude the use of vehicles or ATVs on portions of the tract or possibly the entire tract at certain times. The USDA Forest Service ecologist will determine in conditions warrant cession of vehicular traffic.

The contractor shall provide all expertise, labor, supervision, services, herbicides, carriers or adjuvants, materials, equipment, tools, supplies, transportation, licenses, permits, worker personal protective equipment (PPE), and incidentals necessary to perform the required work, for which the desired outcome is in strict accordance with the standards in the contract. The contractor shall perform and accomplish the work in accordance with all applicable federal, state, and local laws, regulations, and ordinances.

Contractors will provide a written safety plan that demonstrates how the contractor will ensure a safe work environment for themselves, their employees, including a chemical spill plan documenting procedures in the event of a pesticide still on-site or in transport.

PROJECT AREA DESCRIPTION

Item 1: This project area is a combination of various tracts totaling approximately 132 acres in size. Similar work has been completed in some of the areas but not all. Vegetation is dense. Large rocks and boulders may exist in these areas; it is encouraged to scout ahead when possible to avoid damage to equipment. A few small areas may have a restricted access window due to hunting season; please coordinate ahead of time. Dominant target species are autumn olive and honeysuckles. Ground must be frozen for work to begin (dry ground may be acceptable depending on overall weather conditions). This line item is for cutting only- Line Item 2 will include follow up foliar herbicide applications.

Item 2: This project area is a combination of various tracts totaling approximately 268 acres. 132 acres will be follow up foliar work from work completed in Line Item 1. 136 acres will be follow up foliar work from cutting completed by IDNR. The large area east of I-55 is currently being cut by IDNR. The small 25 acre field west of I-55 will be cut during the same timeframe as work completed in line item 1. Metsulfuron methyl (Escort or equivalent) will be used (alternatives may be approved by COR). UTV mounted sprayers as well as backpack sprayers are permitted.

See attached map for further information. More detailed maps are available upon request. Arrange site visits with Delane Strohmeyer at 815-423-2141, or with Tom Gargrave (Illinois Department of Natural Resources) at 815-476-0109.

Required Documentation Offeror shall include the following information in their offer. Failure to include this documentation may result in rejection of the offer.

Safety Plan – Provide a written safety plan that demonstrates how the contractor will ensure a safe work environment for themselves, their employees, including a chemical spill plan document procedures in the event of a pesticide spill on-site or in transport.

Quality Control Plan – Provide a written Quality Control Plan that demonstrates the ability to complete all the tasks to the required Performance Quality Standards and/or to Acceptable Quality Levels. Detail how the work will be inspected, how frequently, what will be done to correct problems, who will be doing the quality control, etc.

Work Experience – A description of at least three formerly completed projects which are similar in scope (size and species controlled) with contact phone numbers for references on these projects. A list of the primary personnel of the firm with education, years of experience, and knowledge of the listed invasive species including control methods of these species is required.

Sample Work Plan and Schedule – Provide approximate start date, production rate, completion date, labor, and equipment list.

CONTRACT REQUIREMENTS

This contract requires all services and related work in compliance with its terms, specifications, and provisions. This includes furnishing all expertise, labor, supervision, services, herbicides, carriers or adjuvants, herbicide dye (if requested by TO), materials, equipment, tools, supplies, transportation, licenses, worker personal protective equipment (PPE), and incidentals necessary to perform the required work. The contractor shall perform and accomplish the work in accordance with all applicable federal, state, and local laws, regulations, and ordinances.

Key Personnel

(a) The Contractor shall assign to this contract the following key personnel: Project Manager, Field Supervisor(s)

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

Estimated Quantities, Unit Price Estimate, and Estimated Total Cost Please note that the estimated quantities and cost values are the Government’s best estimate and are not guaranteed.

Submission of Offers/Prices Contractors (or Vendors) should provide pricing for all Contract Line Item Numbers (CLINs) in each category they wish to provide services. Award may be made on a line item basis as determined for the best interest of the government. Vendors are not required to compete in all treatment categories for consideration of the contract award.

SITE VISIT

Offerors are required to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

CONTRACTOR EVALUATION

TECHNICAL PROPOSAL -Technical information will be evaluated on the basis of the following criteria, in descending order of importance.

A. Understanding, appropriateness, and soundness of accomplishing the work including understanding of objectives, demonstrated familiarity with invasive species control, thoroughness and appropriateness of approach and methods, and reasonableness of level of effort.

B. Qualifications and experience of the project team including licensing and additional training relevant to assigned responsibilities. Provide copies of applicable State applicator licenses and certifications. Proof of Illinois (or reciprocal) Licensing is required before contract award.

C. Organizational capabilities including available support staff and facilities, and demonstrated project management capabilities. Include qualifications of employees and type equipment available.

D. Demonstrated experience or ability to perform work similar to that required by this solicitation. Identify any relevant experience in performing control of non-native invasive species (NNIS). Include previous experience with similar projects, years of experience performing similar work, knowledge of local plants (native and non-native), and experience working in sensitive areas (rare species habitat or natural, high quality plant communities. Include at least but no more than five examples of projects similar in scope including reference contacts and phone numbers. Contacts should be someone familiar with the actual performance of the on ground work.

E. Include a narrative Quality Control Plan outlining the provisions for meeting the necessary requirements F. Safety Plan; including provisions for responsible use and storage of hazardous chemicals.

G. Quality Control Plan H. Sample Work Plan and Schedule NOTE: The Technical Evaluation Team will determine an overall Technical evaluation rating based on sub-factor ratings. The overall rating must be justified in writing.

PAST PERFORMANCE -The contractors shall identify not less than three (3) and no more than five (5) relevant federal, state and local government and private contracts performed during the last three (3) years.

NOTE: If the Technical Evaluation Team cannot find any relevant past performance information for any particular offeror, this will have no positive or negative evaluative significance. Performance risk will be evaluated as “Unknown.” Any Technical/Price trade-off will be made by using that offeror’s other technical sub-factors only. This provision applies only to offerors with no relevant past performance.

PRICE – Offers will be compared with all offers received and the independent government estimate to determine a fair and reasonable price.

CONTRACT CLAUSES

AGAR 452.209 – 70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction. (FEB 2012)

(a.) Awards made under this solicitation are subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.

(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

FAR 52.212-1 -- Instructions to Offerors -- Commercial Items (Jan 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-- GSA Federal Supply Service Specifications Section Suite 8100 470 L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925) Facsimile (202 619-8978).

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites--

(i) ASSIST (https://assist.dla.mil/online/start/ ).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm );

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

FAR 52.212-2 Evaluation-Commercial Items. (Oct 2014)

(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 and price related factors____________________ [Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR ] Technical and past performance, when combined, are equal to price

(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.

FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Jan 2017) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision-- “Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(vi) The Family and Medical Leave Act; and

(vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(4) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(5) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(6) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—

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

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

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

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

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

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“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…