RFQ- FA301620U0230 Pesticides.pdf

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FA301620U0230

This is a solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) and solicited in accordance with FAR Subpart 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested. The solicitation number is FA301620U0230 and is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions are those in effect though Federal Acquisition Circular 2020-08 and DFARS change notice 14 July 2020. This is a requirement for Pesticide and Herbicide Application Services at Joint Base San Antonio (JBSA) Randolph, TX.

This is a notice that this order is a set-aside for service disabled veteran owned small business (SDVOSB) concerns. Only offers submitted by SDVOSB concerns will be accepted by the Government.

The Government reserves the right to cancel this solicitation either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an Offeror for any costs. Any quote that is submitted by a contractor that is not a SDVOSB concern will not be considered for award. The NAICS code is 561710 and the size standard is $12,000,000. The Contractor shall propose a quote on an all or none basis. Written quotes are required (oral quotes will not be accepted).

The Government will award a contract on the basis of the lowest price technically acceptable. Please complete all information requested below (Cage Code, DUNS, etc.).

Submission of Offers. The submission of offers must be in accordance with FAR 52.212-1, Instructions to Offerors, Commercial Items. The Government will award a contract in accordance with the FAR 52.212-2

– Evaluation—Commercial Items.

Mandatory Registrations. To be eligible to receive an award resulting from this solicitation, registration with BetaSAM must be current, no exceptions. If you have previously registered with System for Award Management (SAM), please verify your registration is active with within BetaSam. To register or update current registration, please visit https://www.beta.sam.gov.

Service Contract Act (SCA). The Service Contract applies to this acquisition.

Response Due Date. The vendor shall submit the response to this RFQ not later than the date noted in 52.212-1 Instructions to Offerors in order to be considered timely. The Contract Administrator for this solicitation is Melissa De Coste; melissa.de_coste@us.af.mil; Phone: (210) 671-1718. Refer to Addendum to FAR 52.212-1 and Addendum to 52.212-2 for submittal details.

https://www.beta.sam.gov/

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PESTICIDE, HERBICIDE AND INSECTICIDE APPLICATION SERVICES

Please provide a price for each of the line items listed below. Details of the requested CLIN to fulfill requirement must be met (refer to Performance Work Statement [PWS]).

Schedule of Supplies/Services:

CLIN DESCRIPTION QTY Unit Unit Price Extended Amount

Pre-Emergent Herbicide Application Services. Two (2) times per year application on 1,400 Acres. This CLIN shall include all costs associated with meeting requirement IAW the Performance Work Statement (PWS).

2,800

Acre

Insecticide Application Services.

Six (6) times per year application on 1,400 acres. This CLIN shall include all costs associated with meeting requirement IAW the PWS.

8,400

Post Emergent Herbicide Application Services. One (1) time per year application on 1,400 acres. This CLIN shall include all costs associated with meeting requirement IAW the PWS.

1,400

Total COST

Please provide the information below:

Company Name:

DUNS # Required Cage Code Number:

POC: Telephone #

E-Mail Address:

Tax ID#:

Do you have the capacity to invoice electronically (i.e. invoicing through WAWF)? Yes/No _________

Payment Terms: Net 30 Days

Other (Please specify)

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APPLICABLE CLAUSES AND PROVISIONS- By Reference

52.203-3 Gratuities APR 1984 52.203-12 Limitation on Payments to Influence Certain Federal Transactions Jun 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights Jun 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards Jun 2020 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed

JUL 2018

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015

52.212-1 Instructions to Offerors -- Commercial Items JUN 2020

52.212-4 Contract Terms and Conditions -- Commercial Items OCT 2018 52.219-8 Utilization of Small Business Concerns Mar 2020 52.219-27 Notice of Service Disable Veteran Owned Small Business Set Aside Mar 2020 52.219-28 Post-Award Small Business Program Representation Mar 2020 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-37 Employment Reports on Veterans Jun 2020 52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010 52.222-41 Service Contract Labor Standards AUG 2018

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52.222-44 Fair Labor Standards Act and Service Contract Labor Standards- Price

Adjustments

MAY 2014

52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan MAR 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving AUG 2011 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

52.228-5 Insurance - Work on A Government Installation JAN 1997 52.232-33 Payment by Electronic Funds Transfer--System for Award Management OCT 2018 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection of Government Buildings, Equipment, And Vegetation APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by The

Government of a Terrorist Country

OCT 2015

252.223-7006 Prohibition on Storage, Treatment, And Disposal of Toxic or Hazardous Materials--Basic

SEP 2014

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel MAR 2013 252.243-7001 Pricing of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

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CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT. (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

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(d) Representation. The Offeror represents that—

(1) It ____ will, ____ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It ____ does, ____ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment—

(A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii)For covered services—

(A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B)If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment—

(A)The entity that produced the covered telecommunications equipment (include entity name, unique entity

7 | Page identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii)For covered services—

(A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B)If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer

8 | Page with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

ADDENDUM to 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

Addendum to 52.212-1(b), Submission of offers, deleted and replaced with paragraph (b) below.

Addendum to 52.212-1(c), Period for Acceptance of Offers. The paragraph is tailored as follows: “The Contractor agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of proposal.”

Addendum to 52.212-1(d), Product Samples, is deleted in its entirety.

Addendum to 52.212-1(h), Multiple Awards, is deleted in its entirety.

(b) Proposal Preparation Instructions.

(1) Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Offeror may be ineligible for award if the Offeror submits an incomplete package, fails to meet a requirement of the solicitation, and/or takes exception to any provision in the solicitation. The Offeror shall acknowledge all of the amendments issued to this solicitation. All documents submitted in response to this RFQ must be fully compliant, responsive and consistent with the requirements of the RFQ. The https://www.sam.gov/

9 | Page proposal/offer in response to this solicitation shall consist of two (2) separate Documents:

(A) Document I - Contracting & Pricing

(B) Document II – Technical

Solicitation Questions/Concerns. Solicitation information and amendments will be posted to the

BetaSam website at http://www.BetaSam.gov. Offerors shall submit questions or concerns in writing requesting clarification of the solicitation to the Contract Administrator, Ms. Melissa De Coste, at melissa.de_coste@us.af.mil. Questions and concerns shall be received not later than Tuesday, 15 September 2020 at 1:00 P.M. local San Antonio, TX time.

Notice to Offerors. The Government reserves the right to cancel this RFQ, either before or after the closing date. In the event the Government cancels this RFQ, the Government has no obligation to reimburse any Contractor/Offeror for any incurred costs to the solicitation.

(2) INFORMATION REGARDING SUBMISSION REQUIREMENTS. Documents submitted in response to this solicitation must comply with requirements of the solicitation and PWS.

To be considered, the complete proposal/offer must be received not later than 5:00 P.M. local

San Antonio, TX time on 21 September 2020 – Monday. Contractor shall send proposal/offer to both:

Ms. Melissa De Coste, at melissa.de_coste@us.af.mil and Mrs. Heather Sorensen, at heather.sorensen@us.af.mil.

Late offers will be processed in accordance with instructions provided in FAR 52.212-1(f). All proposals must be in English. MAILED AND FAXED OFFERS WILL NOT BE CONSIDERED.

(3) PROPOSAL FORMAT.

(A) Guidance. This section provides general guidance for preparing proposals in regards to the format and content of the proposal.

1. Each Document shall be complete in itself (independent).

2. The Contractor’s offer must include all data and information requested and must be submitted in accordance with these instructions.

3. Offerors are representing that your firm will perform all the requirements specified in the solicitation and in accordance with the PWS by submitting your proposal/offer.

4. Elaborate brochures and documentation, binding, detailed artwork, or other embellishments not relevant to this specific requirement are unnecessary and are NOT desired.

5. Offerors are cautioned not to include any cost/pricing information in the Technical Document.

6. These instructions are intended to elicit brief and specific responses and offers.

(B) Electronic Copies. (E-Copies). The electronic copy shall be submitted via email using Microsoft Office 2007® compatible format.

(C) Sufficient Detail.

1. The offer shall be clear, concise, and shall include sufficient detail for effective http://www.betasam.gov./ mailto:melissa.de_coste@us.af.mil.

mailto:melissa.de_coste@us.af.mil mailto:heather.sorensen@us.af.mil

10 | Page evaluation and for substantiating the validity of stated claims.

2. The offer should not simply rephrase or restate the Government's requirements, but rather shall provide convincing rationale to address how the Offeror intends to meet the requirements. However, simply stating that the Offeror understands and intends to comply with this effort or paraphrasing statements in the solicitation is inadequate and may render the offer as ineligible for award.

3. Offeror(s) shall assume that the Government has no prior knowledge of their capabilities and experience, and will base its evaluation solely on the information presented in the proposal submitted.

(D) Page Format.

1. Page Format Restrictions.

(a) Pages shall be formatted to 8.5 x 11 inches.

(b) Text pages shall be portrait oriented. Graphics and tables may be landscape oriented if required to properly present the information.

(c) Pages shall be typed with single line spacing.

(d) No condensed fonts allowed. Times New Roman, Arial, or similar font preferred. The font size shall be no less than 11-point with normal proportional spacing.

(e) Tables, charts and graphs shall be no smaller than 10-point Times New Roman, or similar font.

2. Page Limitations.

(a) Page limitations shall be treated as maximums.

(b) A page is defined as each face of an 8.5 x 11-inch sheet of paper containing information.

(c) If page limits are exceeded, the excess pages will not be read or considered in the evaluation of the proposal.

(d) The maximum number of pages for each Document is listed below. Price information shall be limited to Document I. Excess pages will not be evaluated, but will be retained in the file. See table below for specific number of copies required and pages limitations for each of the Document:

TITLE NUMBER OF COPIES MAXIMUM

NUMBER OF

PAGES

Document I.

Contracting & Pricing

One Original copy via email to individuals identified in paragraph (b)(2) above.

No page limitation

Document II. Technical One Original copy and One REDACTED copy via email to individuals identified in paragraph (b)(2) above. (Redacted Version should remove and or hide any pricing, company logos, contact information, company identifying information.)

Limit to no more than 10 pages total per copy

(E) Pages Counted. Each page shall be counted except the following.

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1. Cover pages

2. Table of contents

3. List of figures

4. Glossaries

5. Blank pages

6. Certifications

(F) Tables, Charts, Graphs, and Figures. Legible tables, charts, graphs and figures shall be used wherever practical to depict organizations, systems and layout, implementation schedules, plans, etc. These displays shall be uncomplicated, legible, and shall not exceed 11 x 17 inches in size. For graphics, exhibits and figures, text shall be no smaller than Times New Roman 10-point font or similar font. Text within tables shall be no smaller than Times New Roman or Arial 10-point font.

(4) SPECIFIC PROPOSAL INSTRUCTIONS. To assure timely and equitable evaluation of the proposal, the Offeror must follow the instructions contained herein. The proposal must be complete, stand-alone, and respond directly to the requirements of this solicitation. The response shall consist of two (2) separate Documents:

- Document I – Contracting & Pricing

- Document II – Technical

(A) DOCUMENT I – CONTRACTING & PRICING. The proposal shall include a full and complete response to the solicitation and to any issued amendments. Offeror shall complete all contract clause fill-ins, if applicable.

1. Instructions. The Contracting Officer (CO) has determined there is a high probability of price competition in this acquisition. Upon examination of the initial proposals, the CO will review this determination and if, in the CO’s opinion, adequate price competition exists no additional cost information will be requested. However, if at any time during this competition the CO determines that adequate price competition no longer exists Offerors may be required to submit other than certified cost or pricing data to the extent necessary for the CO to determine price reasonableness.

2. Schedule of Supplies/Services. The Offeror shall complete the Schedule of

Supplies/Services (refer to page 2) of the RFQ and submit within Document I. A unit price shall be proposed and inserted for each of the Firm Fixed Price (FFP) Contract Line Item Numbers (CLINs) noted in the Schedule of Supplies/Services section and shall be rounded up to only two decimal places. The proposed prices shall be based on the Offeror’s own approach and the Government’s PWS requirements as set forth herein. Offerors who change the quantities or CLIN structure stated in the solicitation may render the proposal ineligible for award unless clearly explained for equivalent offers proposed.

For Document I, the Offeror shall submit only pricing information that will be evaluated for award or become part of the resulting contract. Supply costs (and any other associated costs to implement IAW PWS and associated General and Administrative (G&A) cost plus profit or fee, should be included in the unit price(s) listed in the Schedule of Supplies/Services of the RFQ. Each Offeror shall submit a contracting and pricing Document IAW the format below.

Section 1: Solicitation. A full response to the RFQ and requirements herein. In doing so, the Offeror accedes to the contract terms and conditions as written in this solicitation with attachments in which the Government may accept. In the event that any amendments to the solicitation are

12 | Page issued, Offeror shall be responsive to each amendment and a concurrence with each amendment should be identified before the solicitation in order starting with the most recent amendment issued.

Section 2: Representations and Certifications. Complete the necessary fill-ins, certifications, and provisions. The Offeror shall complete only paragraph (b) of the provision FAR 52.212- 3 if the Offeror has completed the annual representations and certification electronically via the Beta System for Award Management (BetaSAM) Web site. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of the provision FAR 52.212-3 and return it along with the proposal.

Section 3: Complete the necessary fill-in for all provisions in the solicitation.

Failure to complete the required fill-ins for all provisions in the solicitation will render the proposal ineligible for award.

Section 4: Financial Disclosure Release Statement. A release statement authorizing the Government to request information from current financial institutions or lenders must be submitted on official letterhead. In addition to this authorization, the Offeror should include the financial institution or lender’s address, and a point of contact including email and phone number to be contacted with the authorization.

(B) DOCUMENT II - TECHNICAL PROPOSAL. Each Offeror shall submit a technical Document with its submittal IAW the format below. Offerors are cautioned that the Government will only use data provided by each Offeror in this Document in the technical evaluation. By your offer submission, you are representing that you will perform all the requirements specified in the solicitation and PWS. It is not necessary or desirable for you to tell us so in your proposal/submittal. Do not merely reiterate the objectives or reformulate the requirements specified in the solicitation.

Section 1: Technical Factor. All the requirements specified in the solicitation are mandatory. Failure to comply with these provisions may constitute sufficient cause to justify rejection of a proposal. The contractor shall address the proposed approach to meeting the minimum performance or capability requirements of each technical factor. The responses will be evaluated against FAR 52.212-2, Evaluation Factors. Marketing presentations are not wanted and will not be evaluated. Hard and compelling evidence of capabilities is required to receive credit for evaluation factors. Legibility, clarity, and coherence are very important. Offerors are strongly encouraged to provide as specifically as possible, the actual methodology to be used for accomplishing and satisfying the following requirements:

1. Technical Subfactor 1 - Integrated Pest Management Plan (IPM). Offerors shall describe a plan and schedule detailing Contractor’s technical approach to provide pesticides applications IAW PWS that will mitigate to the maximum extent possible the risk of bird aircraft strike hazards (BASH). Offeror’s plan and schedule must meet the requirements of the PWS and demonstrate Offeror’s ability to fulfill the requirement. Incomplete descriptions or one-word acceptance of the PWS will be determined unacceptable. Plan shall include product specifications to ensure pesticides are IAW DoD Instruction 4150.07, DoD Pest Management Program.

2. Technical Subfactor 2 - Certification/Licenses. Offeror shall submit proof that they are currently licensed by the Texas Department of Agriculture (TDA) as a Commercial Pesticide Applicator, with minimum of Categories 3A Landscape Maint, Cat 5 Vegetation Mgmt.

Incomplete descriptions or one-word acceptance of the this technical subfactor will be determined unacceptable.

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3. Technical Subfactor 3 - Quality Control Plan. Offeror shall provide an approach and process to efficiently and effectively measure, track, analyze report, and implement corrective actions necessary to fulfill requirement.

(End of Addendum)

ADDENDUM TO FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

Paragraph 52.212-2 is tailored as follows:

(a) Basis for Contract Award. This requirement is being solicited in accordance with the Federal Acquisition Regulation (FAR) Subpart 13.5. The Government intends to evaluate quotes and award without interchanges however, reserves the right to conduct interchanges or seek clarifications if the Contracting Officer deems it in the best interest of the Government. Interchanges allow the Government to exchange information with one, some, or all offerors that provided quotes. The Government will award a contract to the responsible Offeror whose offer conforming to this solicitation will be the most advantageous and represents the Best Value to the Government. Best Value determination will be based on Lowest Priced Technically Acceptable (LPTA) offer, price and other factors considered, utilizing procedures in accordance with FAR 13.106-2. Technical tradeoffs will not be made and no additional credit will be given for exceeding acceptability. Therefore, the Offeror's initial submittal should contain the Offeror’s best terms from a price, and technical standpoint.

The Government intends to award one contract for this competitive Service Disabled Veteran Owned Small Business Set-Aside acquisition. Award will be made to the technically acceptable Offeror with lowest evaluated price who is deemed responsible in accordance with FAR 9.104 and whose proposal conforms to the solicitation requirements. The solicitation requirements include all stated terms, conditions, representations, certifications, and all other information required by this solicitation. Unless specifically identified in your proposal, by submission of its proposal, the Offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications and technical requirements, in addition to those identified as evaluation factors or subfactors. Failure to meet a requirement may result in offer being determined ineligible for award.

(1) Evaluation Factors. In evaluating offers, the Government will select the offer that is most advantageous to the Government. To arrive at a decision, each proposal will be assessed in accordance with the following evaluation factors for the contract:

- Factor 1: Price

- Factor 2: Technical

(A) PRICE EVALUATION FACTOR.

1. The Government will rank all proposals by the initially proposed TEP, from lowest to highest. An Offeror’s proposed TEP will be determined by multiplying the estimated quantities identified in the Schedule of Supplies/Services by the proposed unit price for each CLIN. The extended amounts for each CLIN will then be totaled to obtain the estimated total. Additionally, the Option to Extend Services Clause (FAR 52.217-8), is also considered part of this overall evaluation.

2. The contract will include FAR Clause 52.217-8, Option to Extend Services, with the

14 | Page potential to extend the contract an additional 6 months beyond the awarded contract performance period.

The price for that period will be determined based on the unit prices proposed for the current ordering period and will be evaluated at time of award. In the event the Government requires continued performance, the Government's evaluation of prices proposed will be considered fair and reasonable as applied to an extension of services. Should an extension of services be required rates will be adjusted only as result of revisions to applicable prevailing Department of Labor wage rates. Evaluating the Option CLINs does not obligate the Government to exercise the Options.

3. If the Government receives three (3) or fewer initial offers, the Government will evaluate all offers for technical acceptability. If more than three (3) offers are received, the Government will only select the three (3) lowest priced offers and then evaluate them for Technical Acceptability.

However, the Government reserves the right to evaluate additional offers for technical acceptability if deemed to be in the Government's best interest. If additional offers are evaluated for technical acceptability, they will be evaluated in the order of total evaluated price.

(B) TECHNICAL ACCEPTABILITY FACTOR. The Government's technical evaluation team will evaluate the factors identified below for technical acceptability on an Acceptable/Unacceptable basis. All technical criteria must be rated “Acceptable” to be considered Technically Acceptable. Only those proposals determined to be technically acceptable will be considered for award. Offerors are advised that their initial submission should be their best effort. Failure to comply with these provisions may constitute sufficient cause to justify rejection of a proposal.

A rating of unacceptable in one or more technical subfactor will constitute an overall rating of Unacceptable for the technical evaluation and preclude award. The Offeror’s proposal shall, at a minimum, address each of the subfactors outlined below as they apply to the Performance Work Statement (PWS). Detailed preparation instructions are included in the Addenda to FAR 52.212-1(b), Proposal Preparation Instructions.

Technical Acceptability Ratings, Defined Rating Definition Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

The proposals will be evaluated against the following subfactors:

1. Technical Subfactor 1 - Integrated Pest Management Plan (IPM). Offerors shall describe a plan and schedule detailing Contractor’s technical approach to provide pesticides applications IAW PWS that will mitigate to the maximum extent possible the risk of bird aircraft strike hazards (BASH). Offeror’s plan and schedule must meet the requirements of the PWS and demonstrate Offeror’s ability to fulfill the requirement. Incomplete descriptions or one-word acceptance of the PWS will be determined unacceptable. Plan shall include product specifications to ensure pesticides are IAW DoD Instruction 4150.07, DoD Pest Management Program.

The Standard Has Been Met when: The proposal clearly demonstrates in adequate detail a sound, comprehensive and effective Integrated Pest Management Plan IAW the PWS to provide approved pesticide applications that will mitigate to the maximum extent possible the risk of bird aircraft strike hazards. List of products submitted shall be IAW DoD Instruction 4150.07, DoD Pest Management Program.

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2. Technical Subfactor 2 - Certification/Licenses. Offeror shall submit proof that they are currently licensed by the Texas Department of Agriculture (TDA) as a Commercial Pesticide Applicator, with minimum of Categories 3A Landscape Maint, Cat 5 Vegetation Mgmt. Incomplete descriptions or one-word acceptance of the this technical subfactor will be determined unacceptable.

The Standard Has Been Met when: The Offeror submits proof of License by the

Texas Department of Agriculture (TDA) as a Commercial Pesticide Applicator, with minimum of Categories 3A Landscape Maint, Cat 5 Vegetation Mgmt. The license shall be current.

3. Technical Subfactor 3 - Quality Control Plan. Offeror shall provide an approach and process to efficiently and effectively measure, track, analyze report, and implement corrective actions necessary to fulfill requirement.

The Standard Has Been Met when: The Offeror adequately demonstrates a sound, comprehensive, effective and efficient quality control plan that prevents discrepancies and improves on delivery over the life of the contract.

(2) Price Reasonableness. The Government, using one (1) or more of the techniques defined in

FAR 13.106-3 and/or FAR 15.404-1, will determine if the lowest priced technically acceptable offer is fair and reasonable.

(End of Addendum/Provision)

ADDENDUM 52.212-4(c)

Addendum 52.212-4(c)

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes, such as changes in the paying office, appropriations data, etc., which may be changed unilaterally by the Government.

(End of Addendum)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL

ITEMS (AUG 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25

16 | Page women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

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(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.“Sensitive technology”—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

18 | Page affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)

(2) of this provision do not automatically change the representations and certifications in SAM

(2) The offeror has completed the annual representations and…