Sol_140PS124R0023.pdf

140PS124R0023

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

08/21/2024 See Schedule

1 15

Business Services Contracting Division 1849 C Street MS2719 Washington DC 20240

DOI, NPS ConOps Strategic 02/28/2027

NPS, Oregon Caves NM

19000 Caves Highway

Cave Junction

OR 97523

202 339-7772Brian McCabe

09/18/2024 1600 MD

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

National Park Service (NPS) - Oregon Caves National Monument and Preserve (ORCA) Escape Route Road (960) and Upper Road (70/4613) Mechanic Thinning and Chipping Fuels Reduction/Vegetation Management

This requirement is a combined synopsis/solicitation under FAR 12.603 and solicited as a small business set-aside.

Period of Performance: 10/01/2024 to 02/28/2027

00010 Escape Route (960) Road Fuels Reduction/Vegetation Management - Approximately 138 Acres Product/Service Code: F014 Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 15

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140PS124R0023

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- TREE THINNING

Requisition No: 0040663271

Delivery: 02/28/2027

00020 Upper (070/4613) Roads Fuels Reduction/Vegetation

Management - Approximately 180 Acres

Product/Service Code: F014

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- TREE THINNING

Requisition No: 0040663315

Delivery: 02/28/2027

00030 Option to Increase Acres - Maximum amount is 30 additional acres within Escape Route and Upper

Roads location only (Subject to Availability of

Funding)

Product/Service Code: F014

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- TREE THINNING

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

REFERENCE: FAR 12.603, 13.105

(i) This is a combined synopsis/solicitation for commercial items 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; quotations are being requested and a written solicitation will not be issued.

(ii) The solicitation number for this requirement is 140PS124R0023 and is issued as a Request for Proposal (RFP) under the authority of FAR 13.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-05 – Effective May 22, 2024.

(iv) This acquisition is subject to a small business set-aside. The associated NAICS code is 115310 – Support Activities for Forestry – Fuels Management Services and small business size standard is $34.0.

(v) The Schedule of Items applicable to this acquisition provides a list of contract line item numbers, items, quantities, and units of measure. The pricing portions of this Schedule of Items should be filled out and submitted as part of any quote submitted in response to this combined synopsis/solicitation. See Attachment 1 – Schedule- SOW-Evaluation Criteria for Schedule of Items..

(vi) The National Park Service (NPS) – Contracting Operations - Strategic - Oregon Caves National Monument & Preserve as a fuels reduction/vegetation management requirement to reduce approximately 318 acres in two (2) locations inside the park’s boundary by mechanically cutting and chipping small diameter (< 7” Diameter at Breast Height (DBH)) live trees and <13” DBH dead trees. The two (2) locations include:

- 960 Road (Escape Route) – 138 Acres

- 070/4613 Roads (Upper Roads) – 180 Acres

See Attachment 1 – Schedule-SOW-Evaluation Criteria document for full details.

(vii) Contractor shall deliver to Oregon Caves National Monument & Preserve – see Attachment 1 – Schedule- SOW-Evaluation Criteria document for full details.

(viii) The provision at 52.212-1, Instructions to Offerors—Commercial Items (SEP 2023), applies to this acquisition. The following addendum incorporates these additional provisions:

52.201-1 Acquisition 360: Voluntary Survey SEP 2023 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain SEP 2007

Federal Transactions 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal JAN 2017

Confidentiality Agreements or Statements – Representation 52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.223-1 Biobased Product Certification MAY 2024 52.229-11 Tax on Certain Foreign Procurements – Notice and Representation JUN 2020 52.217-5 Evaluation of Options JUL 1990

FAR 52.204-24 – REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

https://acquisition.gov/far/current/html/Subpart%2012_6.html#wp1088488 https://acquisition.gov/far/current/html/52_212_213.html#wp1179124

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 paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(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".

(d) Representation. The Offeror represents that— https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/

(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 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)

52.222-22 – PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror represents that-

It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

It □ has, □ has not filed all required compliance reports; and Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(End of provision)

(ix) Specific evaluation criteria to be used in this combined synopsis/solicitation:

Basis of Award and Evaluation Criteria see Attachment 1 – Schedule-SOW-Evaluation Criteria for full details about requirement.

(x) Quoters must electronically complete FAR provision 52.212-3, Offeror Representations and Certifications— Commercial Products and Commercial Services (MAY 2024), at www.SAM.gov before submitting the quote.

Quoter must confirm in the Quoter Questionnaire (see Solicitation Attachment 1) that quoter has electronically completed the provision FAR 52.212-3, the annual representations and certifications, at www.SAM.gov. The complete provision can be found at https://www.acquisition.gov/far/loadmainre.html.

(xi) The clause at 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023), applies to this acquisition.

(xii) The clause at 52.212-5, Contract Terms and Conditions – Commercial Products and Commercial Services (MAY 2024), applies to this acquisition. The following additional FAR clauses cited in the clause are applicable to the acquisition:

- 52.203-6 – Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021)

- 52.203-17 – Contractor Employee Whistleblower Rights (NOV 2023)

- 52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)

- 52.204-27 – Prohibition on a ByteDance Covered Application (JUN 2023)(Section 102 of the Division R of

Pub. L. 117-328).

- 52.209-6 – Protecting the Governments Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) https://acquisition.gov/far/current/html/52_212_213.html#wp1179194 http://www.sam.gov/ http://www.sam.gov/ https://www.acquisition.gov/far/loadmainre.html https://acquisition.gov/far/current/html/52_212_213.html#wp1179465 https://acquisition.gov/far/current/html/52_212_213.html#wp1203358

- 52.219-6 – Notice of Total Small Business Set-Aside (NOV 2020)

- 52.219-13 - Notice of Set-Aside of Orders (SEP 2021) (15 U.S.C. 644(r)).

- 52.219-28 – Post Award Small Business Program Representation (FED 2024)

- 52.222-3 – Convict Labor (JUN 2003)

- 52.222-19 – Child Labor-Cooperation with Authorities and Remedies (JAN 2022)

- 52.222-21 – Prohibition of Segregated Facilities (APR 2015)

- 52.222-26 – Equal Opportunity (SEP 2016)

- 52.222-35 – Equal Opportunity for Veterans (JUN 2020)

- 52.222-36 – Equal Opportunity for Workers With Disabilities (JUN 2020)

- 52.222-37 – Employment Reports on Veterans (JUN 2020)

- 52.222-40 – Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

- 52.222-50 – Combating Trafficking in Persons (NOV 2021)

- 52.223-23 – Sustainable Products and Services (MAY 2024)

- 52.225-13 - Restrictions on Certain Foreign Purchases (NOV 2023)

- 52.226-8 – Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024)

- 52.229-12 – Tax on Certain Foreign Procurements (FED 2021)

- 52.232-33 – Payment by Electronic Funds Transfer0System for Award Management (OCT 2018)

- 52.222-41 – Service Contract Labor Standards (AUG 2018)

- 52.222-42 – Statement of Equivalent Rates for Federal Hires (MAY 2014)

- 52.222-44 – Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY

2014)

- 52.222-55 – Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022)

- 52.222-62 – Paid Sick Leave Under Executive Order 13706 (JAN 2022)

(xiii) The following additional contract requirements and terms and conditions apply to this acquisition:

- 52.202-1 Definitions JUN 2020

- 52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020

- 52,204-13 System for Award Management Maintenance OCT 2018

- 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

- 52.204-1 9 Incorporation by Reference of Representations and Certifications DEC 2014

- 52.232-2 Reporting of Bio-based Products Under Service and Construction MAY 2024

Contracts

- 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

- 52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984

FAR 52.219-14 – LIMITATIONS ON SUBCONTRACTING (SEP 2021)(DEVIATION SEP 2021)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or

19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:

(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(i) The following services may be excluded from the 50 percent limitation:

(A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases.

(B) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(3) General construction. It will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities.

Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.

(4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause – [Contracting Officer check as appropriate.] _X_ By the end of the base term of the contract and then by the end of each subsequent option period; or __ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(End of clause)

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (February 2021)

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:

Contractor Invoice which must include:

• Contract Number

• Project Name (Crater Lake South 62 Phase 2 Fuels Project – FY24)

• Description of work performed

• Date(s) of work performance

• Acres Completed

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) https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

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 Local Clause)

DIAR 1452.203-70 - Restrictions on Endorsements (JUL 1996)

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

(End of clause)

DIAR 1452.228-70 Liability Insurance (JUL 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$35,000.00 each person $500,000.00 each occurrence $20,000.00 property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

(End of clause)

NOTICE TO CONTRACTOR - CONTRACTOR PERFORMANCE ASSESSMENT REPORTING

SYSTEM (CPARS) (December 2015)(If award is under SAT, will be removed)

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

https://www.cpars.gov/ https://www.cpars.gov/

a) Contractor Representatives may then provide comments in response to the evaluation or return the evaluation without comment.

b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

6) The following guidelines apply concerning your use of the past performance evaluation:

a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of Local Clause)

SPECIAL CLAUSE 1: STOP WORK

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 30 days (unless otherwise stated) after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 30 days (unless otherwise stated) after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in FAR 52.212-4.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

SPECIAL CLAUSE 2 – KEY PERSONNEL

(a) The Contractor shall assign to this contract as the following key personnel: Supervisor

(b) During the first 120 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 120-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel.

(End of clause)

SPECIAL CLAUSE 3 – OPTION TO INCREASE ACRES

(a) The Government included the option to increase acres in Section D.3.1 which are priced in the Schedule of Services as an optional item and are included in the quantity and at the price stated in the Schedule. The optional items identified under Section D.3.1. may only be exercised based on need and through discovery in performance of the work within the treatment area identified in Section D.3 as identified by the Government and shall be based on the per acre price included in the contract for this optional item.

If the additional work identified in D.3.1 is required, the Government will issue a unilateral modification at the time of need at any time before the Contract Period of Performance End Date. If the addition acres impact the current Period of Performance, the overall Period of Performance End Date may be extended as appropriate to complete the additional work.

The maximum number of additional acres is limited to 30 acres over the treatment area described in Section D.3. This option may be exercised more than once, if the full 30 acres are not included at any one time and may be included in one (1) or more line items, but total amount shall not exceed 30 acres.

(b) If Option to Increase Acres are not exercised or the option to increase acres is less than the maximum of 30 acres, the contract will be modified to cancel any unused portion as included in the Schedule of Items for D.3.1

– Option to Increase Acres at closeout. This action will be done unilaterally to remove the line item(s) if no additional acres are added to reduce the overall estimated contract value.

(c) No written notice of intent to exercise the Option to Increase Acres will be provided.

(End of Clause)

(xiv) N/A

(xv) All proposals are due Wednesday, September 18, 2024 by no later then 1600 Mountain Time to brian_mccabe@nps.gov

(xvi) All correspondence regarding this solicitation must be sent in writing to brian_mccabe@nps.gov mailto:brian_mccabe@nps.gov mailto:brian_mccabe@nps.gov