AG-82D7-S-17-S-0003.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

82D7

GLENWOOD SPRINGS CO 81602-0948

900 GRAND AVENUE

WHITE RIVER NATIONAL FOREST

82D7 CODE 16. ADMINISTERED BYCODE

X

X

X

541620

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR82D7

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/12/2017 1700 ET

05/12/2017

970-945-3217ROBERT HALL

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-82D7-S-17-0003

5. SOLICITATION NUMBER

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

1 49 843848OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

GLENWOOD SPRINGS CO 81602-0948

900 GRAND AVENUE

WHITE RIVER NATIONAL FOREST

15. DELIVER TO

GLENWOOD SPRINGS CO 81602-0948

900 GRAND AVENUE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$15.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

WHITE RIVER NATIONAL FOREST

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

White River NF - Plant Restoration Consultative Services

This is a request for proposal for Plant Restoration Consultative Services as described in Section C - Statement of Work. The Government intends to utilize Simplified Acquisition Procedures to solicit proposals and award at Blanket Purchase Agreement (BPA) for these services with a period of performance of 5 years with a maximum amount for BPA calls of $150,000.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

DATED

ROBERT E. HALL

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Normally, calls will be issued once or twice per year as required reclamation projects are identified and funding is made available.

Contracting POC: Contracting Specialist Robert

Hall - rehall@fs.fed.us

Delivery: 06/30/2022

Period of Performance: 07/01/2017 to 06/30/2022

001 Plant Restoration Consultative Services

Product/Service Code: F018

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- OTHER FOREST/RANGE

IMPROVEMENTS (NON-CONSTRUCTION)

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

49 2 of

AG-82D7-S-17-0003 Plant Restoration Consultative Services BPA Page 3 of 49

B - Prices/Costs Schedule of Items C – Description / Statement of Work E - Inspection and Acceptance F - Deliveries or Performance H - Special Contract Requirements I - Contract Clauses J - List of Documents, Exhibits, and Other Attachments – None K - Representations, Certifications, and Other Statements of Offerors L - Instructions, Conditions, and Notices to Offerors or Respondents Instructions on Submitting an Offer Site Visits – Not Applicable, but you should take the time to become familiar with the area and the flora. 42 M - Evaluation Factors for Award

B - Prices/Costs Schedule of Items

CLIN 001 – Plant Restoration Consultative Services

Bid Item Measurement Unit Quantity

Unit Cost

Year One – 7/1/17 – 6/30/18 EA HR 1

Year Two – 7/1/18 – 6/30/19 EA HR 1

Year Three – 7/1/19 – 6/30/20 EA HR 1

Year Four – 7/1/20 – 6/30/21 EA HR 1

Base Year – 7/1/21 – 6/30/22 EA HR 1

C – Description / Statement of Work

C.1 Scope of Contract

The White River National Forest (WRNF) has a requirement for genetically-appropriate plant materials for local restoration and reclamation projects in response to USFS policy to utilize site-specific, local native plant materials as a first choice for reclamation and restoration projects.

1.2 Objectives

The purpose of this BPA is to attain skills and expertise needed for the successful restoration of native plant communities in areas of the White River National Forest (WRNF). This purpose supports USFS policy to utilize site-specific, local, native plant materials as the first choice for reclamation and restoration projects. The objectives of this work are to facilitate the collection, propagation, and successful establishment of plant materials native to the WRNF so that restoration/rehabilitation with locally-native plants is possible and practical. An additional goal is to stimulate local economic growth by providing opportunities to provide plant production and restorative services. Services under this

AG-82D7-S-17-0003 Plant Restoration Consultative Services BPA Page 4 of 49 agreement will support the purpose (outlined above) to provide the skills and expertise needed for successful restoration of native plant communities with locally-appropriate plant materials.

This includes:

- Identification of promising grasses, forbs, and woody species for inclusion in a native plant program and summary of information about ecological properties and effective propagation techniques of these plants.

- Analysis of plant communities in potential rehabilitation areas and the potential for successful revegetation with native plants.

- Information about plant propagation for species of importance, such as seed size, seed weight, seed production by native plants, proportion of viable seed, stratification and germination requirements, soil and water requirements, and transplantation best practices.

- Field and greenhouse assistance with seed collection, cleaning, stratification, germination, plant growth, plant transplantation, and/or field seed planting.

- Information about site preparation, erosion control, and soil amendment practices best suited to achieving rehabilitation/restoration goals.

- Identification of native plants with good seeding/propagation potential success that also provide ecosystem benefits such as pollinator forage, other wildlife habitat, or other functions.

- Supervision and guidance of field crews doing work to support the purpose of this proposal on tasks that may include seed collection, stratification, germination, plant growth, providing proper growing conditions, proper plant transportation techniques, proper plant installation techniques, weed control, herbivore control and any other activities needed to ensure successful site rehabilitation.

Deliverables for these tasks will include successful completion of reports that transfer technical information about plant characteristics and propagation needs and the successful growth and survival of plants in the field. The exact deliverables for tasks will be identified in the calls/orders placed through this BPA.

C.2 Project Locations

White River National Forest, Glenwood Springs, CO – but actually just about anywhere on the entire Forest.

C.3 Detailed Statement of Work

1.1 Task 1 – Define Practical Native Plants for Restoration work

As requested by the WRNF, the contract holder will identify promising grass, herbaceous monocot and dicot, and woody species for inclusion in restoration efforts White River National Forest to provide genetically correct plant materials source for local restoration and reclamation projects. This task would include some or all of the following elements:

Field Review of principle grasses, herbaceous dicots, and woody plant species at various scales within the White River National Forest which may include: Seed Zones, Level IV Eco Regions and District Emphasis Areas which have been identified for Landscape Restoration.

Comparison of existing dominant vegetation with prospective plant species required for reclamation projects identified to determine those species with the greatest degree of applicability.

Compilation of a list of recommended species that incorporates recommended grass, herbaceous monocot dicot, and woody species into a management matrix that prioritizes species by feasibility, importance in

AG-82D7-S-17-0003 Plant Restoration Consultative Services BPA Page 5 of 49 reclamation/restoration, ease of collection, potential for wildlife and livestock toxicity, ease of propagation and cultivation, and seed storability.

The deliverable for this task would include technical memorandum and other communication materials defining the prioritized grass, herbaceous dicot, and woody species for the White River National Forest plant program. For each communication material, The BPA holder will address one set of comments and deliver a final technical memorandum.

1.2 Task 2 – Identify Collection Sites

All collection sites will be located within the White River National Forest for sustainable seed and plant collection to ensure genetic compatibility. This task will begin through discussion with USFS personnel to determine up to ten prioritized areas within the White River National Forest with collection potential. Once identified, the BPA holder will utilize free access satellite images to characterize the prioritized sites. The BPA holder will then discuss potential locations with USFS personnel. To verify adequacy of the sites, the BPA holder will visit the locations and map the potential sites using USFS provided aerial photographs. All sites must be safely accessible by motor vehicle.

The deliverable for this task will be a field map using aerial photography. Additionally, the BPA holder will deliver a technical memorandum discussing relevant information for each of the mapped locations. The BPA holder will address one set of comments before delivering a final technical memorandum. The technical memorandum will answer the following questions:

Which native species are site-specific to a particular site and are the populations large enough for successful collection?

How accessible is the given site? Are there other access issues that should be considered?

What is the collection potential for the site and is there a sustainable population of plants and/or seed to be harvested?

For each communication material, The BPA holder will address one set of comments and deliver a final technical memorandum.

1.3 Task 3 – Define Seed & Plant Harvest Methodologies

To have effective recovery of the seed and plants collected in the field, effective methodologies need to be employed for seed harvest, cleaning, and storage. The BPA holder will provide methodologies to assist USFS personnel with the harvest, cleaning and storage of the prioritized plant species. As such, the BPA holder will use the grass, herbaceous dicot, and woody plant species prioritized by White River National Forest USFS personnel to determine relevant harvest techniques. These techniques include seed extraction methodologies, determination of seed readiness and timing, genetic outcrossing potential in comparison to how many seeds to collect per plant and the extent of plants within the stand to collect from, and stand sustainability.

The BPA holder will provide technology transfer to the USFS personnel on some or all of the following topics:

Seed cleaning and drying techniques for the prioritized species

Plant harvest techniques for the prioritized species, concentrating on genetic purity and stand sustainability.

Seed and plant storage for the prioritized species.

Commercial Increase strategies for the prioritized species.

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The deliverable for this task will be memorandum or outlining the relevant collection, harvest, cleaning, drying, storage, and increase techniques. For each communication material, The BPA holder will address one set of comments and deliver a final technical memorandum.

1.4 Task 4 – Seed / Propagule Collection

For each target species, collection sites are located using guidelines that ensure a representative sample of genetic variation is obtained. The specific number and distribution of collection sites will vary according to size, density, continuity of populations, and biology of the species sampled, as well as the desired quantity of seed to be obtained. A general rule of thumb is to collect from a minimum of five collection sites at least 0.5-1.0 mile apart. A larger number of collection sites may be needed for inbreeding plant species to adequately sample genetic variation among populations.

Within-population genetic variability is sampled by collecting from a large number of widely spaced or unrelated plant parents (30-50 or more plants is optimal).

Seed collection methods will vary depending on the species. Grass seed is harvested by stripping or shaking it off the stem, or by clipping the stem with scissors or small scythes just below the spikelet. Shrub seed is picked or lightly beaten or shaken, using a tarp to catch the falling seed. For species that dehisce explosively, the entire inflorescence may be cut prior to maturity and allowed to dry in mesh or paper bags, or under netting. Ladders may be required for collecting seed from taller shrubs, or plants can be lightly pruned with telescoping pole pruners. For large-scale harvesting, specialty equipment and machines may be necessary. Whatever the method, collections should always be conducted in a manner that does not damage existing vegetation or other resources. Ideally, at least 50 percent of the seed crop at a given site is left intact to allow for natural recruitment and regeneration of the native population.

Close monitoring is required to match the timing of seed collection activities to the distribution of seed maturation.

Multiple trips to a site may be required for determining when the seed is mature, and for collecting. Collecting at multiple times throughout the maturation period can help prevent inadvertent selection against either early or late maturing genotypes. Seed must be collected and stored in such a way as to ensure its viability. Overheating can kill seeds, and excessive heat and temperature fluctuations should be avoided. High moisture content during storage can also cause seed damage and loss of viability due to molds. A good rule of thumb is the 80 rule of thumb, where the sum of temperature (degrees F) and relative humidity (%) does not exceed 80.

The deliverables for this task will be pounds of pure, viable and weed free seed or numbers of viable and weed free plant propagules. Additionally the BPA holder will complete field collection forms and provide GPS coordinates to document the collection area location, along with other important details such as collection dates and the number, distribution and health of parent plants. In some cases, third party certification services would be required to track seed source identity of wildland collections, as well as for ensuring genetic integrity during the field seed production cycle.

The BPA holder will also provide information about the whole process of seed collection and the product in written form. For each communication material, The BPA holder will address one set of comments and deliver a final technical memorandum.

1.5 Task 5 – Define Propagation & Cultivation Methodologies

To successfully increase the prioritized grass, herbaceous dicot, and woody species, effective methodologies must be employed for plant propagation and cultivation. Propagation includes increase by both vegetative means and seed germination. The BPA holder will:

Provide the USFS with technology transfer through technical memorandum for the prioritized species concerning seed germination and vegetative increase techniques.

AG-82D7-S-17-0003 Plant Restoration Consultative Services BPA Page 7 of 49

Provide the USFS with technology transfer through technical memorandum for the prioritized species concerning cultivation techniques including container size versus readiness timing, fertilization, irrigation requirements, water quality requirements, weed and pest control, and growth media requirements.

Upon request of the USFS, visit the participating increase nurseries to ensure that best management practices are being utilized to promote successful production. Such visits will need to be included in the outlined scope of work on a time and materials basis and are not included techniques.

For each communication material, The BPA holder will address one set of comments and deliver a final technical memorandum.

1.6 Task 6 – Seeding and Plant Installation

Sub Task 1.6.1: Site preparation.

a) The BPA holder may be called to implement site preparation or provide guidance and consultation to the USFS and its Cooperators to correctly complete the following tasks:

i. Apply herbicide in order to control invasive exotic plant species.

ii. Apply the soil amendments such as, but not limited to, biosol, biocomp, bio-char/mulch or straw mulch according to terms of each task order and / or project restoration plan.

iii. Provide and / or Install irrigation equipment according to the SOW identified in the project restoration plan.

v. Provide and /or install fencing around the reclamation site according the SOW identified in the project restoration plan.

vi. Provide instructions for the completion of the above tasks by USFS staff, volunteers, or others as deemed appropriate by the White River National Forest.

Sub Task 1.6.2: The BPA holder shall plant (or provide guidance on) the local native grass species mix according to the SOW identified in the project restoration plan.

Sub Task 1.6.3: The BPA holder shall complete the installation of the containerized herbaceous dicot species according to the SOW identified in the project restoration plan. The installation would be commensurate with ambient moisture.

All plants would be established into existing pockets utilizing fabric squares to reduce grass competition and to assist with the harvest of ambient moisture. The USFS shall provide the herbaceous dicots to be planted. The utilized planting mosaic will be installed according to the SOW identified in the project restoration plan.

Sub Task 1.6.4: The BPA holder shall monitor vegetative response according to the SOW identified in the project restoration plan. The restoration plans will often call for the use of cover frequency transects utilizing a modified Daubenmeyer methodology, line intercept, or other acceptable monitoring methodology within the treated area in order to measure vegetative response of the native grasses to provide statistically valid means of determine the success rate of the containerized plants.

Sub Task 1.6.5: The BPA holder shall provide the USFS and its cooperators a final monitoring report which utilizes the scientific method to evaluate the vegetative response of treatments utilized.

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E - Inspection and Acceptance

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

Government Inspections: Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.

E.1.1 Government Inspections. The Contracting Officer’s Representative or designated Inspector will inspect premises for compliance with the SOW. The Contractor will be required to correct unacceptable work. A form will be provided to check off each scheduled workday.

E.1.2 Compliance Inspections Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government.

E.2 Acceptance. The following clauses which affect acceptance are incorporated by reference in Section I:

Responsibility for Supplies, Clause 52.246-16 Use and Possession, Clause 52.236-11

E.2.1 Acceptance Standard for this Project. Work will be deemed acceptable for payment when all inspected areas have met the standards in the SOW..

Acceptance Work on this contract will be deemed acceptable when the processes and/or deliverables conform to the contract requirements.

F - Deliveries or Performance

52.223-1 Bio-based Product Certification (May 2012) As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C.

8102(c)(3)), the offeror certifies, by signing this offer, that bio-based products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than bio-based products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

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.

http://www.acquisition.gov/far/html/%20http:/uscode.house.gov/ http://www.acquisition.gov/far/html/%20http:/uscode.house.gov/

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(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

H - Special Contract Requirements

Loss, Damage or Destruction Equipment Furnished with Operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

Other. Even though this contract may provide for performing services at the direction of Government personnel, the contract is not for personal services, and neither the Contractor nor his or her personnel are Government employees. The Government assumes no liability for injury occurring to Contractor personnel or to third parties, or for loss, damage, or destruction involving third parties' property as a result of the Contractor's operation. Except that the Government is liable for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment.

I - Contract Clauses

INVOICING REQUIREMENTS

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

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 the current contract period of performance.

(End of clause) http://www.biopreferred.gov/ http://www.sam.gov/

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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 the current contract period of performance; 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 5 years.

(End of clause)

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.

(End of clause)

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://farsite.hill.af.mil

(End of provision)

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://farsite.hill.af.mil

(End of clause)

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

52.212-4 -- Contract Terms and Conditions -- Commercial Items. (JAN 17) IBR

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52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Jan 17)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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.]

___ (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).

___ (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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (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]

___ (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).

___ (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).

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___ (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]

__ (14) (i) 52.219-6, Notice of Total Small Business 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.

___ (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 (Jan 2017) (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)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (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.

657f).

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___ (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)).

__ (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).

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

__ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

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

13496).

__ (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).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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.)

___ (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, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

___ (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.)

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___ (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 Television (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.

___ (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. 13696).

___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (49) (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.

___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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___ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 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).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C.

2307(f)).

___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (62) (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:

[Contracting Officer check as appropriate.]

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

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

___ (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).

___ (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).

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___ (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).

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

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (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 (Sep 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).

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(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 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.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

(x) 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.

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

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

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

(xiii) 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.)

(xiv) 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)

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

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

(xvii) 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).

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Note to paragraph (e)(1)(xvii): 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, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

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

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 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).

(xxii) 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.

(xxiii) 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.

(End of Clause)

J - List of Documents, Exhibits, and Other Attachments – None

K - Representations, Certifications, and Other Statements of Offerors

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 http://www.sam.gov/portal

AG-82D7-S-17-0003 Plant Restoration Consultative Services BPA Page 19 of 49 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…