Sol_140L2623Q0008.pdf

COMBINED SYNOPSIS/SOLICIATION ‘COMBO’:

2023 TFD Fuels Shrub planting

(i) This is a combined Synopsis/Solicitation for commercial products or commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) Solicitation 140L26-23-Q-0008 is issued as a Request for Quotation (RFQ).

(iii) This document incorporates provisions and clauses which are in effect through Federal Acquisition Circular 2023-02.

(iv) This solicitation is set-aside for small business under North American Industry Classification System (NAICS) code 115310. The size standard is $11.5 M.

(v) The Pricing Schedule is incorporated as Appendix 1. Vendors shall complete Appendix 1 in its entirety and return with any other documentation/data as required by this combined synopsis/solicitation.

(vi) The government intends to award a Firm-Fixed Price (FFP) contract for the following:

The Bureau of Land Management (BLM), Twin Falls district, requires hand planting of 125,000 Wyoming big sagebrush and 25,000 antelope bitterbrush seedlings in the Shoshone field office area. See attached statement of work and maps for detailed information.

(vii) Period of performance and location: The planned period of performance for this contract is August 1, 2023 to November 15, 2023. The REQUIRED start of the planting operations for this contract is October 2nd, 2023, through October 20th, 2023. The contractor shall complete planting operations within 7 calendar days once planting is initiated. Planting operations shall be completed no later than October 27th, 2023.

The place of performance is in the Shoshone Field Office area of the Twin Falls District BLM see attached maps for the Laidlaw and Upper Rim planting vicinity.

(viii) FAR 52.212-1 Instructions to Offerors -- Commercial Products and Commercial Services (NOV 2021) is hereby incorporated by reference, with the same force and effect as if it were given in full text. In addition to the following addendum, all terms and conditions of FAR 52.212-1 remain in effect. The following have been tailored to this procurement and are hereby added via addendum:

Addendum to FAR 52.212-1 Instructions to Offerors -- Commercial Products and Commercial Services (NOV 2021):

Additionally, the following provisions apply to this acquisition:

52.204-7 System for Award Management 52.204-16 Commercial and Government Entity Code Reporting 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

1510-52.222-71 MIGRANT SEASONAL AGRICULTURAL WORKERS PROTECTION

ACT REGISTRATION NUMBER

If applicable, a valid U.S. Department of Labor Registration number must be supplied within five (5) days after date of award. Failure to provide such number is grounds for contract termination. Application for numbers should be made on Form WH-510, Application for a Farm Labor Contractor Certificate of Registration, which should be available at your State Employment Service Offices or your nearest U.S. Department of Labor Office. Further information may be obtained from:

U.S. Department of Labor Telephone: (415) 975-4520 Wage and Hour Division 71 Stevenson Street, Suite 930 San Francisco, CA 94105 Registration Number: ______________________ (Migrant Seasonal Agricultural Workers Protection Act)

Specific Instructions: The overall proposal shall consist of a completed Bid Schedule and a detailed work plan that demonstrates the capability to meet the technical aptitude of the Statement of Work. Failure to provide required information may result in a non-responsive quote.

(End of Provision)

(ix) FAR 52.212-2 Evaluation -- Commercial Products and Commercial Services (NOV 2021) is not applicable to this solicitation. A similar provision containing evaluation factors has been tailored to this procurement and is hereby added via addendum:

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

i Technical Capability;

ii Prior Relevant Experience; Past Performance;

iii Price.

Evaluation Factor No. 1: Technical Capability

1. Proposals must clearly demonstrate the ability to complete the contract within the required period of performance. This is to include a work plan, schedule (including timeframe stated for planting operations), expected production rates, crew size, and how the Contractor will coordinate and communicate with the Government. If subcontractors will be used describe how they will be selected, their business address, corporate officers, and points of contact.

2. Describe your firm’s quality control and safety process. This should include, but is not limited to: Inspection Method, Crew Management and supervision, Communication Plan, Emergency Procedures, etc.

3. Describe available equipment to include type and capabilities. Attach a list of mechanical equipment that is owned by the Contractor, including make and model, to be used on the job. Attach a list of mechanical equipment to be used on the job that shall be either rented or purchased by the Contractor at the time of award.

Evaluation Factor No. 2: Applicant Qualifications

Provide prior experience for each of the key personnel and crew members proposed, i.e.

Contractor Representative in hand planting brush seedlings, or relevant work of a similar nature and within similar budgetary and time constraints, including:

1. Key Personnel – Offeror shall provide information of key personnel and crew members.

Provide relevant information as it pertains to the individuals experience, capabilities, certifications, licenses, expertise, and involvement in the project.

2. Experience working in remote locations (dealing with adverse weather conditions, poor access, limited or no services, environmental hazards, etc.).

3. Referencing the firms Past Performance information, submit a reference list with a minimum of two (2) and no more than five (5) recent and relevant projects. The list shall include the following valid information:

(a) Offeror’s (Company/Division) Name;

(b) Project Title and Description and State;

(c) Contracting Agency or Customer;

(d) Contract Number/Contract Value;

(e) Point of Contact’s (POC) Name/Phone/Email;

(f) Start and end date of Period of Performance (month and year).

The Government will evaluate qualifications based on the extent to which the personnel meets or exceeds skills, experience, and/or education required in performing the specifications in the Statement of Work.

The Government will determine whether the Offeror consistently delivered quality services in a timely manner. Past performance will be assessed on the extent of client satisfaction, effectiveness in managing and directing resources, effectiveness in managing project time and performance schedules, reasonable and cooperative behavior, and quality of previous performance with clients.

Adequacy of Offeror's demonstrated past performance in similar contracts or projects for federal agencies and/or private organizations in terms of price control, quality of work and compliance with performance schedules. In addition to responses received the Government reserves the right to consider information obtained from any other sources when evaluating the offeror’s past performance.

Evaluation Factor No. 3: Price

1. Submit completed Bid Schedule for the list of Line Items provided in the solicitation.

Price will be evaluated after evaluations of the technical proposals. Each price proposal shall be evaluated for reasonableness. An offered price that is too high or too low may indicate the offeror does not understand the requirements of the contract and may be grounds for eliminating its proposal.

Award Determination

The Government will award a contract to the Contractor(s) whose proposal: (a) conforms to the terms of the solicitation and (b) provides the best value to the Government.

Comparative evaluations (FAR 13/FAR 13.5) will be used and offers will be compared and ranked according to evaluation factors in order to determine “Best Value”. Award may not necessarily be made to the offeror submitting the lowest price. The Contracting Officer reserves the right to make no award at all.

(End of Provision)

(x) FAR 52.212-3 Offeror Representation and Certifications – Commercial Products and Commercial Services (DEC 2022). Each vendor shall ensure the provision is updated at www.sam.gov. Failure to obtain SAM registration will result in submissions not being considered for award. A completed copy of the provision shall be included with offer submission.

(xi) The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services, is hereby incorporated by reference, with the same force and effect as if it were given in full text.

(xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders – Commercial Products and Commercial Services, is hereby incorporated by reference, with the same force and effect as if it were given in full text.

Additionally, the following clauses cited in the clause apply to this acquisition:

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-14 Service Contract Reporting Requirements 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.219-6 Notice of Total Small Business Set-Aside 52.219-28 Post Award Small Business Program Rerepresentation 52.222-3 Convict Labor 52.222-19 Child Labor—Cooperation with Authorities and Remedies 52.222-21 Prohibition of Segregated Facilities 52.222-26 Equal Opportunity 52.222-50 Combating Trafficking in Persons 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-13 Restrictions on Certain Foreign Purchases 52.232-33 Payment by Electronic Funds Transfer—System for Award Management 52.222-41 Service Contract Labor Standards 52.222-42 Statement of Equivalent Rates for Federal Hires 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 52.222-62 Paid Sick Leave Under Executive Order 13706

(xiii) Additional Contract Requirements:

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

https://www.acquisition.gov/browse/index/far#

52.204-13 System for Award Management Maintenance 52.204-18 Commercial and Government Entity Code Maintenance 52.204-21 Basic Safeguarding of Covered Contractor Information Systems 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.242-15 Stop-Work Order

Clauses incorporated by full text:

DIAR 1452.201-70 Authorities and Delegations (Sep 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.

The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

DOI-AAAP-0028 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

(1) Copy of Company Generated Invoice.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St.

Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Electronic Invoicing and Payment Requirements - Invoice Processing Platform Clause)

Local Internet Payment Platform (IPP) Hotline

To check payment status, contact the Payment Hotline at 877-480-9724 or 303-236-2850.

You will need to leave a message with the following information:

1. Company Name

2. Contract Number

3. Invoice Number

4. Invoice Amount

5. A brief description of why you are calling

6. Your contact information

If you do not receive a callback from the Payment Hotline within 72 hours, please contact the Contract Officer with the day and time you contacted the Payment Hotline.

(End of Clause)

1510-52.222-70 MIGRANT SEASONAL AGRICULTURAL WORKERS PROTECTION ACT

REGISTRATION MAINTENANCE

(a) As set forth in Title 29, Part 500 of the Code of Federal Regulations, Migrant and Seasonal Agricultural Worker Protection, the Contractor shall maintain all necessary U.S. Department of

Labor registrations during the performance period of this contract. Failure to maintain a valid registration is grounds for termination of this contract.

(b) In compliance with the Migrant and Seasonal Agricultural Worker Protection Act, the Contractor shall provide the following to meet minimum safety and health standards for housing employees when camping on Federal lands:

(1) A shelter to provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect the workers from the cold.

(2) Sanitary facilities for storing food. Ice chests or coolers, with ice supply made from potable water replenished as necessary, to meet the requirement for storage of perishable food items.

(3) An adequate and convenient potable water supply, approved by the appropriate health authority, in each camp for drinking and cooking purposes. As an alternative, commercial bottled water may be used.

(4) Toilet and hand washing facilities adequate for the capacity of the camp, at not less than a 1:15 ratio, supplied with adequate toilet paper. Such facilities shall be maintained in a sanitary condition. (5) Fly-tight, rodent-tight, impervious, cleanable or single service containers to be used for the storage of garbage. Such containers shall be kept clean and emptied when full.

(6) Basic first aid supplies under the charge of a person trained to administer first aid.

(7) A laundry tray or tub for every 30 workers, or transportation, at least weekly, to a commercial Laundromat for all workers.

(End of clause)

SPECIAL CONTRACT REQUIREMENTS

1. Work Hours

The performance period established for this contract is based upon all work being conducted during regular working hours between 7:30am and 5:30pm, Monday through Friday, excluding government holidays. If the Contractor desires to carry on work outside regular hours, including Saturdays, Sundays, and government holidays, a request must be submitted to the Contracting Officer in sufficient time to allow satisfactory arrangements to be made by the Government for access to the work site and inspection.

In addition to any holidays declared by Executive Orders, the following Federal Legal Holidays are observed:

New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day

2. Communications

“Time” for communications received after 3:00 pm, after 12:00 pm locally on Fridays, or after 12:00 pm locally prior to a holiday will not start until the next business day. All times are local Mountain time.

3. Fire Danger Season

If the COR allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.

4. State and Local Tax Exemption

In accordance with FAR 29.303 and FAR 31.204-41, the Contractor or any sub-Contractor under this contract shall not be reimbursed for payment of any state and local taxes for which an exemption is available. The Contractor is responsible for determining the availability of state and local tax exemption and obtaining such exemptions, if available. The Contractor shall include this clause, suitably modified to identify the parties, in all subcontracts at any tier. The Contractor shall notify the Contracting Officer if problems arise in obtaining a state and local tax exemption. The Contractor may seek a waiver by the responsible Contracting Officer from this requirement if the administrative burden of seeking an exemption appears to outweigh the potential savings to the Government.

5. Undocumented Workers

This contract involves the possible employment of unskilled labor working under arduous field conditions. Such employment may be attractive to persons coming from foreign countries, sometimes illegally. Bidders are reminded that it is a crime to bring into the United States, transport within the United States, and to harbor aliens who do not have a proper visa for entry and working in this country (8 U.S.C. § 1323-1325).

If violations are suspected by the COR during the performance of work on this (these) project(s) they shall be reported to the U.S. Immigration and Naturalization Service for investigation and appropriate action. Conviction of the Contractor for commission of a criminal offense referred to herein shall be deemed sufficient cause for default and the initiation of debarment or suspension proceedings to prevent the Contractor from receiving future Government contracts.

6. Restoration of Resources

1. CLEANUP - The Contractor is responsible for cleaning up all camp and worksites before leaving the area. Final payment may be withheld until the Contractor has complied with this requirement.

2. ACCESS ROADS - Public or private access roads damaged by the Contractor shall be restored, at his expense, to the same condition they were in at the commencement of work.

7. Environmental Impact

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ); the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

8. Confidentiality of Information

Specific site location data, which would allow location of cultural resource sites inventoried under this contract, shall not be released by the Contractor to anyone except the BLM without the written consent of the Contracting Officer. This restriction is required to minimize vulnerability of cultural resource sites to vandalism.

9. PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

The Historic and Archeological Data Preservation Act of 1974, provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a federal or federally licensed activity or programs.

If, in connection with operations under this contract, the Contractor, subcontractors, or the employees discovers, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the Contracting Officer in writing, giving the location and nature of the findings. No objects of cultural resource value may be removed.

The Contractor will be responsible for protecting the cultural resources within the affected area from damage. In addition, the contractor will be liable for all damage to the identified cultural resources caused by their actions or the actions of their agents or representatives. The Contractor shall immediately notify the Contracting Officer or his representative if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed.

(xiv) No Defense Priorities and Allocations System (DPAS) assigned rating applies to this acquisition.

(xv) NOTICE TO ALL INTERESTED PARTIES:

Questions shall be submitted no later than May 5, 2023 by 5PM Eastern time.

An amendment will be issued answering all questions received, providing the Government’s answers.

Quotes shall be SUBMITTED by EMAIL to the identified Contract Specialist and RECEIVED no later than May 30, 2023 by 5pm Eastern time. The SUBJECT LINE of the email SHALL read 2023 TFD Fuels Shrub planting (140L26-23-Q-0008).

Electronic offers will be the only accepted method for submission of offers for this solicitation. Traditional paper quotes will not be accepted.

(xvi) Contract Specialist: Heather McBride; hmcbride@blm.gov Contracting Officer: Charles Dodson, cdodson@blm.gov