Solicitation_AG56A1S170001_final.pdf

AG-56A1-S-17-0001

Gypsy Moth Aerial Spray Program

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

OFFEROR TO COMPLETE BLOCKS 12, 17, & 30

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

DATE 12/30/2016

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION Melissa Johnson melissaajohnson@fs.fed.us calls) LOCAL TIME

INFORMATION CALL: 814-728-6241 01/31/2017 2PM ET

9. ISSUED BY CODE 10. THIS ACQUISITON IS

USDA Forest Service

UNRESTRICTED OR SET ASIDE: 100 % FOR

Eastern Region – Regional Office 626 E Wisconsin Ave

SMALL BUSINESS Women Owned Small

BUSINESS (WOSB)

Milwaukee, WI 53202

HUBZONE SMALL Economically Disadvantaged Women-Owned Small Business (EDWOSB)

SERVICE-DISABLED VETERAN- 8(A) NAICS:___115112___

OWNED SMALL BUSINESS

Size Standard:_$7.5M___________

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

USDA Forest Service – Region 8 and Region 9

16. ADMINISTERED BY CODE

same as 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE www.ipp.gov

TELEPHONE N0.

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

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

USDA Forest Service Region 8 and 9 Gypsy Moth Mating Disruptant Aerial Spraying Program Enter pricing on enclosed schedule of items.

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

25. ACCOUNTING AND APPROPRIATION DATA

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ______4_________ 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) Melissa Johnson

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)

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

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

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.2/2012) BACK

Continuation of SF1449 Applicable Federal Acquisition Regulation (FAR) or Department of Agriculture Acquisition Regulation (AGAR) Clauses and Provisions are incorporated by reference or shown in full text below.

CONTRACT CLAUSES

FAR 52.252-2 -- Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/

FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

FAR 52.211-11 Liquidated Damages—Supplies, Services, or Research and Development (Sept 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of See Liquidated Damages Section of solicitation.

(b) If the Government terminates this contract in whole or in part under the Default—Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default—Fixed- Price Supply and Service clause in this contract.

FAR 52.211-18 Variation in Estimated Quantity (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (MAY 2015)

(Addenda: Paragraph (a) of this clause is replaced with clause 52.246-4 along with supplemental information contained in the solicitation and attachments.)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(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:

[Contracting Officer check as appropriate.]

_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L.

109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

_x_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

_x_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

_x_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_x_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_x_ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_x_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_x_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

_x_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_x_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

_x_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_x_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_x_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_x_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

_x_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_x_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

_x_ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

_x_ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_x_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (47) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (48)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (49) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x_ (50) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

__ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_x_ (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_x_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

_x_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_x_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

_x_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

_x_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017)

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract.

If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xi) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016)).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017)

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

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 of expiration.

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 prior to expiration; 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.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits Airplane pilot GS-12 $34.03/hr +25% Aircraft Co-Pilot GS-11 $28.39 +25% Aircraft Mechanic-Journeyman GS-11 $28.39 +25% Aircraft Mechanic - Junior GS-9 $23.46 +25% Aircraft Mechanic – Helper GS-6 $17.26 +25% Service Truck Driver GS-5 $15.49 +25%

FAR 52.222.49 Service Contract Labor Standards -- Place of Performance Unknown (May 2014)(a) This contract is subject to the Service Contract Labor Standards statute, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following: none. The

Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing by January 16, 2017.

(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service And Construction Contracts (SEP 2013)

a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov .

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov , with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report not later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997)

FAR 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

FAR 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

(MAY 2008)

(a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

(1) Competitively within a timeframe providing for compliance with the contract performance schedule;

(2) Meeting contract performance requirements; or

(3) At a reasonable price.

(b) Information about this requirement is available at EPA’s Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/ . The list of EPA-designate items is available at http://www.epa.gov/cpg/products.htm

FAR 52.228-5 Insurance – Work on a Government Installation (JAN 1997)

FAR 52.232-18 Availability of Funds (APR 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

FAR 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30, 2017. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30th of each year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

FAR 52.236-7 Permits and Responsibilities (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

FAR 52.245-1 Government Property (APR 2012) Alt 1 (APR 2012)

FAR 52.245-9 Use and Charges (APR 2012)

FAR 52.246-4 Inspection of Services -- Fixed-Price (Aug. 1996) (Supplemental information included in the attached Scope of Work).

FAR 452.211-74 Period of Performance. (Feb 1988)

The period of performance of this contract is from the date of contract award until 12/31/2017. Four one year option periods can be exercised at the Government’s discretion. If exercised, the option years will run from 1/1-12/31 each year until 12/31/2021.

AGAR 452.228-71 Insurance Coverage (NOV 1996)

Pursuant to the clause "Insurance - Work on a Government Installation (52.228-5)," the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability.

(1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance shall be required in the amount of $2,000,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $1,000,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(d) Air craft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $1,000,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Commercial Chemical Liability and Chemical Liability. Combined single coverage limit of at least $500,000. The states listed in the scope of work and all public bodies therein, including airport bases of operation, where aerial application sunder this contract will occur are to be included in coverage. This coverage is to include Premises and Operations Liability, products, and Completed Operations Coverage, Independent Contractor’s Liability, Owner’s and Contractor’s Protective Liability and Personal Injury Liability.

Economic Price Adjustment – Jet Fuel and 100LL

(a) In order to protect the contractor and the government from significant fluctuations in the price of aviation fuel, a lump sum adjustment will be applied to the contract each year based on the actual average price per gallon versus the baseline price per gallon stipulated below. This difference in price per gallon will be multiplied by the actual number of gallons used to determine the amount of the lump sum adjustment.

Separate adjustments will be made for Jet A and 100LL fuel.

(b) Actual average price per gallon will be determined by dividing the contractors total aviation fuel expenditures by the total gallons used.

(c) For the purposes of each yearly adjustment, the baseline price of Jet A fuel is $4.10 per gallon and the baseline price of 100LL fuel is $4.70 per gallon.

(d) The Contractor shall submit documentation regarding the actual average price per gallon prior to the final contract payment each year. Supporting documentation for the lump-sum adjustment, including fuel receipts, must be made available upon the request of the Contracting Officer.

(e)The Contracting Officer shall modify this contract to make a lump sum adjustment based on the increase or decrease resulting from the fluctuation of aviation fuel price from the baseline price. The Contractor shall continue performance pending agreement on, or determination of, any adjustment and its effective date.

(f) Any price adjustment under this clause is subject to the following limitations:

(1) Any adjustment shall be limited to the increase or decrease in the unit price of aviation fuel applied to the number of gallons used on the project during each year.

(2) An adjustment will only be applied if the unit price of aviation fuel is $.10 higher or lower than the established unit price.

(3) The adjustment will be made yearly prior to the final payment.

(g) The Contracting Officer may examine the Contractor’s books, records, and other supporting data relevant to this adjustment during all reasonable times until the end of 3 years after the date of contract expiration.

Government Buy-Back of Excess Disruptant or Use of GFP Disruptant Excess disruptant product, as a result of the government’s estimate of the host type within the application block estimate being +/- 5 percent, will be purchased from the contractor by the Government at the prices indicated in the disruptant tables located in the schedule of items. Conversely if disruptant is supplied to the contractor as Government Furnished Property (GFP), the disruptant will be purchased from the government by the contractor at the price indicated in the disruptant tables located in the schedule of items. These purchase(s) will be reflected as lump sum adjustments in the payment documents.

Liquidated Damages-Supplies, Services If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, or any extension, the Contractor shall, in place of actual damages, pay to the Government as fixed, agreed, and liquidated damages, for each calendar day (or portion thereof) of delay the sum shown for the following events.

Late Arrival. Notice will be given to the Contractor(s) at least three (3) days in advance of a time and location to have their equipment assembled for the project reporting date. The project reporting date will be 2 days before actual spraying, and is needed for calibration checks, final inspection, pilot briefing and pre-work conference. Failure to arrive on the specified day and within a reasonable period of the agreed time and day will cause liquidated damages to be assessed against the amount due the Contractor(s) at the rate of $1,000 per day per aircraft. This is taken to mean that the aircraft and its equipment, (including the communications equipment, flake dispersal system, Disrupt/sticker or SPLAT, AFF and DGPS Tracking and Guidance System) and ground support equipment are ready and operating according to Contract Specifications.

Calibration: Arrival on time, but failure to have all the equipment on site and ready which causes a delay in calibration checks of two hours or more will cause liquidated damages to be assessed at $500 per aircraft.

Contractor caused delays that make it impossible to properly calibrate on the agreed upon date will cause liquidated damages to be assessed at $1,000 per day per aircraft. Also, pilots and ground support personnel must be on site and ready to perform as required by the Contract Specifications.

Tardiness/Delays: The daily operation may start as early as 30 minutes before sunrise or at any time after this that is mutually agreeable to the Government and the Contractor. The Contractor(s) personnel should be at the work site far enough in advance to have the application aircraft(s) checked, engines warmed up and product loaded and ready for take-off at the agreed upon time. A delay in first trip take-off due to tardiness or delay during spraying when conditions are acceptable for spraying will cause liquidated damages to be assessed against the amount due the Contractor at a rate of one hundred fifty ($150) dollars per hour or portion thereof.

Insufficient Material: The quantity of product and aircraft fuel at the loading site must be sufficient to keep each aircraft, in full production for the work planned that day. A shut-down caused by a lack of product or fuel when spraying conditions are acceptable will cause liquidated damages to be assessed against the amount due the Contractor at the rate of one thousand five hundred ($1,500) dollars per incident.

Improper Application: A Contractor found applying the insecticide formulation at concentrations other than prescribed or outside of the treatment block boundaries will cause liquidated damages to be assessed at the rate of one thousand five hundred ($1,500) dollars per incident. The contractor will also be charged for any GFP (active ingredient) used in excess of the dose specified.

Poor Pilot Performance: The Contracting Officer's Representative or their designated Inspector reserves the right to remove from duty any pilot who in his opinion, violates Contract rules, is unsafe or otherwise performs unsatisfactorily, in which event the Contractor will be required within a reasonable time specified by the Contracting Officer to replace or furnish a pilot who is considered capable and qualified to safely fly and properly perform the application. Failure to furnish a replacement pilot within the specified time will result in an assessment against the amount due the Contractor of two thousand five hundred ($2,500) dollars per day.

Production rates: It is understood that the Contractor(s) may occasionally not be able to meet the required production rate(s) despite having the agreed upon number of functioning aircraft on site and available to work. However, failure to meet production rates to such an extent that the biological window for application may be missed will result in a request for additional aircraft within a reasonable time specified by the Contracting Officer. Failure to furnish additional aircraft within the specified time will result in an assessment against the amount due to the Contractor of two thousand five hundred ($2,500) dollars per day per aircraft.

Mechanical Failure: It is understood that occasionally an aircraft or other support equipment will develop a mechanical problem even with proper maintenance. Failure to repair or replace an aircraft or other support equipment within 24 hours will result in an assessment against the amount due the Contractor of two hundred and fifty dollars ($250) per hour.

If any equipment has repeated failures the Contracting Officer reserves the right to require replacement of the malfunctioning equipment within 24 hours. Failure to provide a replacement within the allotted time will result in additional damages of one thousand five hundred ($1,500) dollars per day being assessed.

Procedure. Any incident in which a Contractor causes a delay as described in this Section will be described in writing by the Contracting Officer's Representative and submitted to the Contracting Officer for approval.

A copy of this report will be given to the Contractor. All approved reports will be subject to the appropriate provisions and assessed liquidated damages shall be deducted from payments due the Contractor.

Alternatively, if delivery or performance is so delayed, the Government may terminate this contract in whole or in part under the termination for cause section of clause “Terms and Conditions-Commercial Items” and in that event, the Contractor shall be liable for fixed, agreed, and liquidated damages accruing until the time the Government may reasonably obtain delivery or performance of similar supplies or services. The liquidated damages shall be in addition to excess costs under the termination for cause clause.

The Contractor shall not be charged with liquidated damages when the delay in delivery or performance arises out of causes beyond the control and without the fault or negligence of the Contractor as defined in the excusable delay section of the clause “Terms and Conditions-Commercial Items” incorporated in this contract.

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

Attachments:

The following listed attachments/exhibits are a part of this solicitation and any resulting contract.

1. The vicinity maps posted at http://www.gmsts.org/library.html

2. The files posted on fbo.gov with this solicitation.

a. Scope of Work

b. 2017 Treatment Block Table (excel file)

c. Full Wage Determination File

d. Exhibits as shown below

EXHIBIT # Description # of Pages

1 Definitions and Acronyms 3

2 Aircraft Operations 9

3 Application Aircraft Requirements 3

4 Observation Aircraft Requirements 3

5 Avionics Requirements & Specifications 2

6 Restraint Systems Condition Inspection Guidelines 1

7 First Aid Kit (Aeronautical) 1

8 Aviation Operations Briefing Certificate 1

9 Fuel Servicing Specifications 3

10 Aircraft Guidance and Tracking Equipment 2

11 Automated Flight Following 2

12 Dispersal Systems 2

13 Products and Application Procedures 3

14 Synopsis of Safety Program 3

15 Department of Labor Wage Determination Information 1

Sustainable Acquisitions

The Contractor shall comply with FAR Part 23 Sustainable Acquisition Policy and all associated laws, rules, regulations, and executive orders referenced therein. Contracts that include the supply of products and for the acquisition of services (including construction) that include the supply of products, require that the products provided are—

(1) Energy-efficient (ENERGY STAR® or Federal Energy Management Program (FEMP)-designated);

(applicable if FAR Clause 52.223-15 is included)

(2) Water-efficient; (applicable if FAR Clause 52.223-15 is included)

(3) Biobased; (applicable if FAR Clause 52.223-2 is included)

(4) Environmentally preferable (e.g., EPEAT®-registered, or non-toxic or less toxic alternatives);

(applicable if FAR Clause 52.223-13,14, or 16 are included)

(5) Non-ozone depleting; (applicable if FAR clause 52.223-11,12,20, or 21 are included), and/or

(6) Made with recovered materials (EPA-Designated products) (applicable if FAR clause 52.223-9 or 17 is included).

(b) The required products in the contract actions for services include products that are—

(1) Delivered to the Government during performance;

(2) Acquired by the contractor for use in performing services at a Federally-controlled facility; or

(3) Furnished by the contractor for use by the Government.

Sustainable products identified for this solicitation:

The following is a list of sustainable products that that may be used i n t h e performance of this contract. The list is not all inclusive; the Contractor shall research for available products.

Energy-efficient and Water-efficient Products ENERGY STAR® at http://www.energystar.gov/; and FEMP at http://www1.eere.energy.gov/femp/procurement/eep_requirements.html www.epa.gov/watersense Light Bulbs

Biobased Products: (requires reporting at www.sam.gov by 10/31 each year) http://www.biopreferred.gov

Glass Cleaner, Bathroom Cleaner, Toilet Bowl Cleaner, Liquid Hand Soap, aircraft and automotive cleaners, greases, and lubricants.

Environmentally Preferable Products:

www.epa.gov/epeat.

None

Non-ozone Depleting Products:

http://www.epa.gov/snap Aerosol solvents, cleaning solvents

EPA Designated Products:

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

Commercial/industrial sanitary tissue products, paper, plastic trash bags

SOLICITATION PROVISIONS

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/

FAR 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016)

FAR 52.209-7 Information Regarding Responsibility Matters (JUL 2013)

FAR 52.212-1 Instructions to Offerors—Commercial Items (OCT 2016) (supplemental information:

paragraph 11(c ) of this clause is changed as follows - The period for acceptance of offers is changed to 90 calendar days from the date specified for receipt of offers unless extended in writing.)

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:

1) Technical Capabilities

a. Relevant Experience

b. Team Qualifications

c. Equipment

d. Operations Approach

e. Safety

2) Past Performance

a. Quality of Service

b. Schedule (Timeliness)

c. Cost Control

d. Management

e. Regulatory Compliance

Technical capabilities and past performance are equal in importance. The sub-factors are equal in importance. Technical capabilities and past performance, when combined, are significantly more important than price. Contractors with no record of past performance (ie: new contractors) will be rated neutrally in Factor 2. Trade-offs may be made in order for the Government to take advantage of a higher priced, higher rated proposal.

(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 (DEC 2016)

(Offeror must complete this certification online at www.sam.gov or print this provision in full, complete the appropriate blocks, and submit with your offer)

FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation

(DEC 2016)

FAR 52.223-1 Biobased Product Certification (MAY 2012)

FAR 52.223-4 Recovered Material Certification (MAY 2008)

AGAR 452.237-71 Pre-Bid/Pre-Proposal Conference (FEB 1988)

(a) The…