Sol_140L2624Q0049.pdf

COMBINED SYNOPSIS/SOLICIATION ‘COMBO’:

Jefferson Seed Application

(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 140L26-24-Q-0049 is issued as a Request for Quotation (RFQ).

(iii) This document incorporates provisions and clauses which are in effect through Federal

Acquisition Circular 2024-05.

(iv) This solicitation is set-aside for small business under North American Industry Classification

System (NAICS) code 115112. The size standard is $9.5M.

(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 Upper Snake Field Office, Bureau of Land Management (BLM) is acquiring services for seed application. The Contractor shall furnish all personnel, tools, labor, supervision, equipment, materials, supplies, transportation, training, and incidentals necessary to perform the seed application in accordance with the specifications provided. The work under this contract includes a specified application rate of seed over 1,105 total acres.

(vii) Period of Performance and location: October 15, 2024 – November 1, 2024

Application operations will begin on or after October 15, 2024, as soon as weather and ground conditions are favorable. The Contracting Officer’s representative will notify the contractor that favorable conditions have been met and the contractor shall be prepared to commence application operations within 3 calendar days of notification. The contractor shall complete operations within 2 calendar days once the application is initiated. This application may coincide with the early snowfall and/or poor weather and site conditions. During the contract and application period, county, state and BLM jurisdiction roads and remote airstrips may not be suitable for staging areas due to muddy, wet, or snow-covered conditions.

The project area consists of approximately 1,105 acres and is located in Jefferson County, Idaho approximately nine miles south of Terreton, Idaho (see Location Map). The treatment will be implemented within 27, 140-ft wide linear strips located on federal land administered by the Bureau of Land Management’s (BLM) Idaho Falls District (IFD), Upper Snake Field Office (USFO) (see Area Map). The topography of the project area consists of gently rolling lava plains with associated basalt bluffs and desert playas. Elevations range from 4,900 feet to over 5,200 feet above sea level.

(viii) FAR 52.212-1 Instructions to Offerors -- Commercial Products and Commercial Services 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:

SPECIFIC INSTRUCTIONS FOR OFFER CONTENT

1. The overall proposal shall consist of a cover page, the completed Bid Schedule

(Appendix 1), and detailed work plan. Failure to provide required information may result in a non-responsive quote and will not be considered for award.

a. Cover Page: Include the Contractor name, address and telephone number, name and title of the person authorized to sign and negotiate on behalf of the of the entity including the assigned Unique Entity Identifier (UEI) number. The offeror shall state the percentage of the total cost that is included in the quote that the offeror will self-perform excluding the cost of materials. Additionally, the Contractor shall acknowledge receipt of any amendments issued (if applicable).

b. Bid Schedule: Fill in the unit prices as well as the total project price on Appendix 1.

c. Detailed work plan: The plan shall demonstrate the capability to meet the technical aptitude of the Performance Work Statement within the Period of Performance required as well as the following:

i. Description of staff capabilities and experience.

ii. Description of contractor’s plan for staffing or sub-contracting.

iii. Description of any equipment proposed for use.

iv. Company experience

d. Past Performance- Offerors shall submit the following information as part of their proposal for both the Offeror and proposed subcontractors. Offerors must submit points of contact and phone numbers.

The Offeror shall provide a list of contracts and subcontracts completed during the past five years for similar services and all contracts and subcontracts currently in progress. Contracts listed may include those entered into by the Federal Government, agencies of state and local governments, and commercial customers.

Offerors that are newly formed entities without prior contracts should list contracts and subcontracts as required above for all key personnel. Include the following information for each contract and subcontract.

• Name of customer

• Contract number

• Contract type

• Contract value

• Contracting Officer and telephone number

• Project Manager/COR and telephone number

• List of major subcontractors

The Offeror may provide information on problems encountered on the contract and subcontracts identified above and corrective actions taken to resolve those problems.

Offerors should not provide general information on their performance on the identified contracts. General performance information will be obtained from the references.

2. Quotes must include all Federal, State usage, and local taxes.

PROVISIONS INCORPORATED BY REFERENCE:

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 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals - Representation

PROVISIONS INCORPORATED BY FULL TEXT:

FAR 52.201-1 Acquisition 360: Voluntary Survey (SEP 2023)

(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link:

https://www.acquisition.gov/360.

(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

FAR 52.237-1 Site Visit (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(End of provision)

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)

(End of Provision)

(ix) FAR 52.212-2 Evaluation -- Commercial Products and Commercial Services 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. Applicant Qualifications

iii. Prior Experience and Past Performance;

iv. 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 planned acres seeded per day), location of loading sites, 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. Offeror shall address the GPS Differential Guidance Systems that will be used for application on this project as well as provide a narrative description of Offeror’s experience and knowledge using GPS Differential Guidance Systems over featureless terrain while applying seed. Offeror shall include an example map(s) of prior GPS seed applications using GPS Differential Guidance Systems for each applicator who will be conducting application under this contract.

3. Describe available equipment to include type and capabilities: Offeror shall include an itemized list and description of all equipment that will be used for the treatment. This should include, but not limited to, aircraft, loading equipment, transport equipment, fuel/support vehicles, etc.

Evaluation Factor No. 2: Applicant Qualifications

Provide applicant qualifications and prior experience relative to seed application requested in this contract for all key personnel and crew members proposed. Offeror shall provide information and experience of key personnel and crew members as it pertains to the capabilities, certifications, expertise and involvement in the project and proposal.

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.

Evaluation Factor No. 3: Prior Experience and Past Performance

1. 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 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. 4: 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.

2. Material unbalancing between line items may be cause for rejection of the offeror’s 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 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 including its Alternate I, Vendors Representations and Certifications-- Commercial Items, is incorporated as Appendix 2 – FAR 52.212-3. The offeror shall complete only paragraph (b) of the provision if the offeror has completed the annual representations and certification electronically in SAM. 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:

52.203-17 Contractor Employee Whistleblower Rights 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-27 Prohibition on a ByteDance Covered Application

52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition 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 52.222-21 Prohibition of Segregated Facilities 52.222-26 Equal Opportunity 52.222-36 Affirmative Action for Workers w/Disabilities 52.222-50 Combating Trafficking in Persons 52.223-23 Sustainable Products and Services

52.226-8 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

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 52.223-3 Alt I Hazardous Material Identification and Material Safety Data 52.223-5 Pollution Prevention and Right-to-Know Information 52.223-10 Waste Reduction Program 52.223-19 Compliance with Environmental Management Systems 52.242-15 Stop-Work Order

Clauses incorporated by full text:

52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026

DEVIATION (OCT 2023)

(a) Definitions. As used in this clause—

United States means the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.).

Worker –

(1)

(i) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 14026, and–

(A) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);

(B) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(ii) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(iii) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(2)

(i) A worker performs on a contract if the worker directly performs the specific services called for by the contract;

and

(ii) A worker performs in connection with a contract if the worker's work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

(b) Executive Order Minimum wage rate.

(1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $15.00 per hour beginning January 30, 2022.

(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2023, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor’s Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on https://www.sam.gov (or any successor website), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract.

(3)

(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers’ compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.

(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2).

Contractors shall consider any subcontractor requests for such price adjustment.

(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.

(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker’s wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 23.230, Deductions.

(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.

(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance or any applicable contract establishing a minimum wage higher than the E.O. 14026 minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.

(10) The Contractor shall follow the policies and procedures in 29 CFR 23.240(b) and 23.280 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.

(c)

(1) This clause applies to workers as defined in paragraph (a). As provided in that definition–

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C.

214(c) are covered; and

(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.

(2) This clause does not apply to–

(i) Contracts or subcontracts to which the States of Texas, Louisiana, or Mississippi, including their agencies, are a party;

(ii) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;

(iii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract

Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to-

(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a) ;

(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b) ; and

(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541).

(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/agencies/whd/government-contracts, in a prominent and accessible place at the worksite.

Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.

(e) Payroll Records.

(1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:

(i) Name, address, and social security number;

(ii) The worker’s occupation(s) or classification(s);

(iii) The rate or rates of wages paid;

(iv) The number of daily and weekly hours worked by each worker;

(v) Any deductions made; and

(vi) Total wages paid.

(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.

(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.

(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 23.260 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected.

(5) Nothing in this clause limits or otherwise modifies the Contractor’s payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law.

(f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.

(g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other

Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause.

(h) Disputes. Department of Labor has set forth in 29 CFR 23.510, Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor’s compliance with Department of Labor regulations at 29 CFR part 23. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives.

(i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.

(j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers.

(k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.

(End of clause)

FAR 52.252-6 Authorized Deviations in Clauses

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of “DEVIATION” after the name of the regulation.

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.

DIAR 1452.236-72 Preservation of Historical and Archeological Data (Nov 2007)

(a) 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 program.

(b) If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, 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.

(c) Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the Changes clause.

(d) The Contractor will be responsible for protecting the cultural resources within the effected 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.

(e) The Contractor agrees to insert this paragraph in all subcontracts that involve the performance of work on the terrain of the site.

(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 Local 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 Local 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.

SPECIAL CONTRACT REQUIREMENTS

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.

SIMULTANEOUS PERFORMANCE

If a Contractor receives award of more than one contract, simultaneous performance will be required. All work must be completed within the timeframe allowed for each contract.

BLM - Variation in Quantity (Deviation)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit- priced item varies more than 20 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party.

The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 120 percent or below 80 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the

Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and completion date as, in the judgment of the Contracting Officer, is justified.

Health and Safety

The nature of the work to be performed under this contract may involve inherently hazardous situations. Further requirements are specified in the Statement of Work.

Publicity

(a) The Contractor agrees that there shall be no release of any information to the news media regarding the removal or remedial activities being conducted under this contract.

(b) All information shall be released to the news media by BLM or other Federal Agencies utilizing this contract.

Subcontracts

If the Contractor desires to subcontract any work under the contract and subject to the limitations of “FAR 52.219-14 Limitations on Subcontracting”, it shall obtain the Bureau of Land Management Contracting Officer's written consent.

The request to subcontract shall contain the following information:

1. Name of Sub-Contractor

2. Description and amount of supplies or services to be subcontracted. The Contractor shall insert in any subcontracts all applicable clauses contained in the contract.

Undocumented Workers

This contract involves the 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 initiation of debarment or suspension proceedings to prevent the Contractor from receiving future governnment contracts.

Responsibility for Government Property

The Contractor assumes full responsibility for and shall compensate the Government for any and all loss or damages of whatsoever kind and nature to any and all Government property, including any equipment, supplies accessories or part furnished, while in his custody and care for storage, repairs or service to be performed under the terms of this contract, resulting in whole or in part from the negligent act or omissions of Contractor, any sub- Contractor or any employee agent or representative of Contractor or sub-Contractor.

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.

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 subcontractor regarding removal or disposal of any hazardous waste, the imburse the contractor shall reimburse the Government for all such liability.

Hazardous Materials

Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry.

Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating.

Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR 1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.

Unauthorized Personnel

The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to areas outside of the immediate work area;

excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.

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.

STATE AND LOCAL TAXES 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.

(End of Special contract requirements)

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

(xv) NOTICE TO ALL INTERESTED PARTIES:

No scheduled site visit will be held. Site can easily be accessed through google earth or similar platforms.

Questions shall be submitted to the personnel identified in paragraph (xvi) no later than August 9, 2024 by 5PM Mountain time. An amendment will be issued answering all questions received, providing the Government’s answers.

Quotes shall be SUBMITTED by EMAIL to the identified Contracting Officer and RECEIVED no later than August 27, 2024 by 5pm Mountain time. The SUBJECT LINE of the email SHALL read Jefferson Seed Application (140L2624Q0049). Electronic offers will be the only accepted method for submission of offers for this solicitation. Traditional paper quotes will not be accepted. You may submit more than one quote. If you do, we will evaluate each separately.

(xvi) Contracting Officer: Heather McBride; hmcbride@blm.gov mailto:hmcbride@blm.gov