AG-6395-S-15-0180_Amend_0001.pdf

(x)

AG-6395-S-15-0180

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

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

MINNEAPOLIS MN 55403

APHIS-MRPBS-ASD-6395

100 N 6TH STREET

Butler Square, 5th Floor ASD Procurement Branch

USDA APHIS MRPBS

09/02/2015000001

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

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

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

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

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

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

PAGE OF PAGES

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

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

09/02/2015

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

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

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

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

ORDER NO. IN ITEM 10A.

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

Tax ID Number: Not Available

DUNS Number: Not Available

The purpose of this amendment is to add the following:

1. P. 1, the due date year in box 8 is corrected from 2013 to 2015.

2. P. 5-7, Section 2.7 Safety and Security Requirements was added.

3. P. 12-13, Clause 452.204-71 Personal Identity Verification of Contractor Employees (Oct

2007) was added.

All other terms and conditions of the original solicitation remain the same.

Please contact Leah Schultz at 612-336-3625 or leah.h.schultz@aphis.usda.gov with any

Continued ...

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

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

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

LEAH H. SCHULTZ

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

AG-6395-S-15-0180/000001

questions.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

AG‐6395‐S‐15‐0180

a. High‐tensile wire electric fence,

b. Solar‐powered high‐tensile wire fence,

c. Wood panel fence, and

d. 8‐foot expanded wire game farm fence.

6. Ability to maintain perimeter fencing and security gates to prevent unlawful entry by the public.

Training in security/law enforcement beneficial, but not mandatory.

7. Provide an on‐call response within 30 minutes, seven days per week, 365 days a year.

8. Maintain a current Montana herbicide applicator license.

9. Must reside within 30 miles of the facility located at 772 Hwy 89 South, Gardner, MT 59030 due to #7 above.

2.7 Safety & Security Requirements

a. In accordance with the USDA regulations, a Background Investigation is required prior to starting work under this contract as well as maintaining it throughout the duration of the contract. Prior to start of work, the CONTRACTOR shall provide only fully qualified and properly cleared employees for the work to be performed under this solicitation. The contractor shall, through their own internal background investigation protocol and pre‐ employment investigation, ensure that each employee submitted for a background investigation is reasonably expected to receive a favorable adjudication of their respective investigations and training.

b. The USDA, APHIS will pay for the required background investigations. The government shall have and exercise full and complete control over granting, denying, withholding, or termination the background investigation clearance for employees.

c. All contractor personnel that will have access to the APHIS facilities will be required to have a Background Investigation (BI) with no less than favorably adjudicated returned results. Once approved and working at the facilities, contractor personnel shall not be removed or diverted from the site without prior notification to the designated COR. It has been determined by APHIS personnel that a Low Level‐ National Agency Check with Inquiries (NACI) BI is required for all personnel. The COR will work with the contractor to submit all required documents required to complete the BI.

d. The contractor shall not employ persons for work on this contract if such employee is considered by the contracting officer to be a potential threat to health, safety, general well‐being or operational mission of USDA and its employees. If the contracting officer finds a prospective employee to be unsuitable for his or her assigned duties, the contractor will be advised immediately that such employee cannot continue to work or be assigned to work under the contract.

(a) Contractors shall comply with the personal identity verification (PIV) policies and procedures established by the AGAR Advisory No. 81, Revision 03 dated July 19, 2010 – Common Identification Standard for Contractors. In addition, procedures to be followed by contractors and contractor employees are specified in the Departmental Regulation and Departmental Manual (DM) 4620‐002. Copies can be downloaded from the website at http://hspd12.usda.gov

(b) All applicable contractor employees requiring routine, long term (the aggregate of 6 months or more) physical access to Federally‐controlled facilities or routine access to Federally‐controlled information systems must go through the identify proofing, registration, and e‐verify process, and have a successful background investigation conducted by OPM. The level of investigation required is dependent on the duties and may require a low‐risk non‐sensitive National Agency Check with (Written) Inquiries, an Office of Personnel Management (OPM) Public Trust or an OPM National Security background investigation to serve on the contract. E‐Verify is an electronic system which checks employee information obtained from the Employment Eligibility Verification form (I‐9 form) against records maintained by both the Department of Homeland Security (DHS) and the Social Security Administration (SSA). If the information input matches the DHS and SSA records, an ‘employment authorized’ message will be received. However, any discrepancy between the information input and the records at DHS and SSA will result in an alert being issued. The alert is called a Notice of Tentative Non‐Confirmation (TNC) and further action is required. All background investigations or clearances must be done one week prior to commencing work. Where this is not practical and the prime or subcontractor requires intermittent access to federally controlled facilities or are under the aggregate 180 day limit, a temporary guest ID badge will be issued and/or such laborer may be under constant supervision and their access to areas or data may be more restricted. Laborer’s who will NOT have routine unaccompanied physical access to a Federally‐controlled facility and/or routine unaccompanied access to a Federally‐controlled information system may be excluded from coverage by AGAR Advisory 81 based on the LincPass Distribution Risk Assessment. The LincPass Distribution Risk Assessment will be conducted by a USDA Sponsor for laborer’s (Contracting Officer’s Representative, or other Government designated program/project officers) as part of the PIV II registration, identity proofing, and credential issuance procedures. Examples of probable exclusion are couriers, express mail and package or other delivery persons.

(c) The Contractor shall provide to the USDA PIV Sponsor and the Personnel Security Specialist listed below, a list of all contractor and subcontractor employees full name, job title, employer (prime or subcontractor), contract number, performance period and/or the days employee is expected to be on‐site for base year and each period of performance, if applicable, and information on OPM’s background investigation or clearance conducted by the prime or subcontractor and that contractor employees pass the background check.

(d) The Contractor shall take full responsibility to ensure that prime and subcontractor employees who require routine, long‐term physical access to federally controlled facilities and logical access to Federally controlled information systems except for “national security systems” as defined by 44 U.S.C. 3542(b)(2), are required to complete and submit HRO 1197, Contractor Supplement and the AD‐1197, Request for USDA Identification (ID) Badge, along with copies of two identity source documents (one being a photo ID) and two completed fingerprint cards (FD‐258 attached), to the following. You can obtain these forms and further guidance from the Personnel Security Specialist who oversees the investigation process for contractors:

USDA, APHIS, MRPBS, HRD

Attn: Security Specialist – Contractors Butler Square, 100 N. 6th Street, Suite 555B Minneapolis, MN 55403‐1588 Phone: (612) 336‐3294

(e) The Security Specialist will validate the level of background investigation required of the employee’s position, and initiate them into OPM’s secure on‐line e‐QIP portal and will provide further instructions by means of email for completing the electronic questionnaire.

e. For further information and reference on the USDA personnel security requirements please see the document entitled Agar Advisory 81 entitled “Common Identification Standard for Contractors” at http://www.dm.usda.gov/pdsd/bulletin04‐02.pdf

3.0 SUMBISSION REQUIREMENTS AND EVALUATION CRITERIA

3.1 Evaluation Factors

In this acquisition, the Government will obtain best value by using the Tradeoff Process source selection approach which permits tradeoffs among cost or price and non‐cost factors and allows the Government to accept the best valued quote. Please quote all or none.

Submittal evaluation will occur in accordance with Simplified Acquisition Procedures as outlined in FAR part 13.106‐2.

EVALUATION FACTORS:

Price, Please complete the price schedule in Section 2.0 above.

Technical Capabilities Contractor will be evaluated on previous experience and certifications as indicated in Section 2.0. A higher rating will be given to the contractors with more experience.

Past Performance Past performance is a measure of the degree to which an offeror has satisfied customers in the past, and complied with federal, state, and local laws and regulations. Offeror’s with no past performance information will be given a neutral rating.

WD 2005‐2317

Revision No.: 16 Date Of Revision: 07/08/2015

(2) 52.222‐42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

Code 11210 WG‐3

(3) 52.222‐43, Fair Labor Standards Act and Service Contract Labot\r Standards ‐‐ Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

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 5 days of expiration of the contract.

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 5 days of expiration of the current period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 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 5 years.

452.204‐71 Personal Identity Verification of Contractor Employees (Oct 2007)

(a) The contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 4620‐002 series.

(b) Should the results of the PIV process require the exclusion of a contractor’s employee, the contracting officer will notify the contractor in writing.

AGAR Advisory No. 81, Revision 02, Page 4 of 6

(c) The contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620‐002 series and to maintain a list of employees eligible for a USDA LincPass required for performance of the work.

(d) The responsibility of maintaining a sufficient workforce remains with the contractor. Employees may be barred by the Government from performance of work should they be found ineligible or to have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.

(e) The contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally‐controlled facility and/or routine access to a Federally‐controlled information system.

(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the Contracting Officer Representative (COR), unless otherwise specified in this contract. The PIV Sponsor will be available to receive contractor identity information from 8:00 a.m. to 4:00 p.m. at the Moore Air Base Administration office in Edinburg, TX. The Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor’s responsibility to meet all aspects of paragraphs (c), (d), and (e).

AGAR 452.209 – 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR

CORPORATE APPLICANTS

(a) This award is subject to the provisions contained in sections 738 and 739 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P.L. No. 112‐55, Division A, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to 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, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal or State law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, APHIS may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739, as amended and/or subsequently enacted.

6.0 CONTRACT PROVISIONS

6.1 Provisions Incorporated by Reference

52.212‐1 Instructions to Offerors – Commercial Items (July 2013)

52.212‐2 Evaluation—Commercial Items (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Price, Please complete the price schedule in Section 2.0 above.

Technical Capabilities

Contractor will be evaluated on previous experience and certifications as indicated in Section 2.0.

A higher rating will be given to the contractors with more experience.

Past Performance