Plants.pdf

USACE SACRAMENTO DISTRICT

ATTN: CONTRACTING DIVISION

1325 J ST

SACRAMENTO CA 95814-2922

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

7.0 million

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W91238-14-Q-0014 21-Nov-2013

b. TELEPHONE NUMBER

916-557-5138

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 02 Dec 2013

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

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W91238

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1325 J STREET

SACRAMENTO CA 95814-2922

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a. NAME

ALICIA S POWELL

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25. ACCOUNTING AND APPROPRIATION DATA

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19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

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424930

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

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

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STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

W91238-14-Q-0014

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Grow Baccharis Pilularis

FFP

The contractor shall furnish all labor, material, equipment, and services necessary to provide complete collection, propagation, maintenance, storage and delivery of plant material, according to this Scope of Work and as directed by the Contracting Officer.

FOB: Destination

NET AMT

0001AA 1 Lump Sum Grow Baccharis pilularis first Quarter

FFP

0001AB 1 Lump Sum Grow Baccharis pilularis second Quarter

0001AC 1 Lump Sum Grow Baccharis pilularis third Quarter

0001AD 1 Lump Sum Grow Baccharis pilularis fouth Quarter

Grow Quercus douglasii first Quarter

FFP

The contractor shall furnish all labor, material, equipment, and services necessary to provide complete collection, propagation, maintenance, storage and delivery of plant material, according to this Scope of Work and as directed by the Contracting Officer.

0002AA 1 Lump Sum Grow Quercus douglasii first Quarter

0002AB 1 Lump Sum Grow Quercus douglasii second Quarter

0002AC 1 Lump Sum Grow Quercus douglasii Third Quarter

0002AD 1 Lump Sum Grow Quercus douglasii s forth Quarter

0003 1 Lump Sum Delivery of plants

STATEMENT OF WORK

Section 32 93 15

PLANT ACQUISITION

Table of Contents

Part 1 – GENERAL

1.1 Description

1.2 Definitions

1.3 Minimum Qualifications

1.4 Performance

1.5 Quality Control

1.6 Inspections

1.7 Times and Conditions

1.8 Measurement and Payment

Part 2 – PRODUCTS

2.1 Plant Material

2.2 Growing Containers

Part 3 – EXECUTION

3.1 Examination

3.2 Collection

3.3 Nursery Operations

3.4 Handling and Storage

3.5 Shipment and Delivery

3.6 Disposal of Undelivered Plant Material

Tables

Table A-1 Nursery Plant Standards Table A-2 List of Plant Species

Section 32 93 15

PLANT ACQUISITION

Synopsis Grow 2500 Quercus douglasii container plants grown from previously collected acorns to be provided by the government. Provide Baccharis pilularis seeds or cuttings and grow 2500 Baccharis pilularis container plants. Deliver the plants to the project site within Camp Roberts, San Luis Obispo County, CA.

Part 1 - GENERAL

1.1 DESCRIPTION

Furnish all labor, material, equipment, and services necessary to provide complete collection, propagation, maintenance, storage and delivery of plant material, according to this Scope of Work and as directed by the Contracting Officer.

1.1.1 Project Site

The project site is located at: Camp Roberts, San Luis Obispo County, California.

1.1.2 Collection Zone

Plant propagules for Quercus douglasii plants (acorns) have been collected by the government at the project site from the 2013 crop on September 23 and 24th. These acorns will be provided by the government to the contractor. Plant propagules for Baccharis pilularis plants shall be collected from a location with a climate similar to the project site. The Contractor shall be responsible for identifying collection sites or source for approval by the Contracting Officer before the start of any material collection. The Contractor shall be responsible for obtaining approval from property owners before accessing their land for plant collection purposes. The Contractor shall perform in conformance to all rules and regulations of governing agencies and private parties having authority over the collection areas.

1.13 Site Access

Coordinate access to Camp Roberts for seed/cutting collection and delivery with Mark Williams tel 805-238 8322; e-mail: mark.e.williams3.nfg@mail.mil

1.2 DEFINITIONS

The following terms referenced herein are defined as follows:

1.2.1 Contractor: The nursery contractor awarded herein.

1.2.2 Installation Contractor: A contractor independent of this contract that will receive and install the plants grown by the nursery contractor.

1.2.3 Nursery: The nursery contractor’s location where the plants will be grown and stored.

1.2.4 Project Site: The location where the plants will be installed by the installation contactor.

1.2.5 COR: The Contracting Officer’s Representative.

1.2.6 Government: U.S. Army Corps of Engineers, Sacramento District.

1.2.7 Delivery: The act of transporting the plant material to the project site and placing it in the appropriate delivery area, as coordinated with the installation contractor. Delivery is not complete until the hardening-off requirements have been satisfied.

1.3 MINIMUM QUALIFICATIONS

The plants shall be grown at a plant nursery, which performs activities required here with 5 years, minimum, experience in, and have the facilities to perform, collection, propagation, maintenance and storage of the plant material indicated in Table A-1. The Contractor shall possess a current California State Nursery License.

1.4 PERFORMANCE

1.4.1 Declaration of Material Availability

The Contractor is responsible for ensuring that the propagules, for the plant species required in Table A-1, are available for collection, propagation and delivery within the time required. The Contractor shall declare in writing, in his/her bid to the Government, the unavailability of any viable propagule for the indicated species and its resulting impact to on-time delivery. The Government reserves the right to disqualify any bid based on the Contractor’s declaration of the unavailability of plant source material at the time of award.

1.4.2 Warranty

All container grown plants shall be guaranteed to be healthy, without insects or disease, and in a vigorous growing condition at the time of delivery.

1.4.3 Plant Growth Standards

The container plants top growth shall be in proportion to its root development. The plant shall exhibit proper form for each species and meet all the branching standards as indicated herein.

Plants that do not meet all the minimum requirements will be rejected by the Government and shall be the responsibility of the Contractor to secure acceptable material at no additional cost to the Government.

Species Form and Top Growth: Tree species shall be grown with a single, non-headed leader. The plants top growth shall be sufficiently large enough for the specified container it is being grown in. The nursery shall time the germination and propagation of the propagule so that it is at the proper size at the indicated delivery time. See Table A-1 for specific container/species seedling top growth standards. The Contracting Officer may reject undersized and oversized material. The plant shall have a main leader with caliper, development and growth so that it is not spindly and is able to support itself in an upright position. The plant shall be in a healthy condition without signs of stress, disease, pest or mechanical damage.

Root Development: The plants root system shall have a main root that is unkinked and free from swirling. Secondary roots shall be well developed and be capable of binding the root and soil mass together and retaining its shape when removed from its container.

1.4 QUALITY CONTROL

1.5.1 Supervision

The Contractor is responsible for direct supervision and actions of the Contractor's personnel and the personnel of any subcontractors. The Contractor shall provide all quality control for the deliverables.

1.5.2 Removal of Unacceptable Plant Material

Plant material not meeting the Contracting Officer's approval shall immediately be removed from the project site at the Contractor's expense. The Contractor shall incur any additional expenses required because of material not meeting the requirements of this Scope of Work.

1.6 INSPECTIONS

1.6.1 Nursery Observations

The COR will conduct visits (at his option) to the nursery to observe the progress of the plants growth and general nursery operations. Additional, informal, visits to the nursery may occur at other times and may be unannounced.

1.6.2 Planting Site Inspection

Immediately after plant material delivery to the project site, the COR, Contractor and the installation contractor shall inspect the plant material for injury, disease, and insect infestation.

At the Contractor's expense, all plant material problems shall be corrected, within 5 working days of the date of the initial delivery.

1.6.3 Plant Approvals

Final approval of all plant material by the Contracting Officer will be reserved until time of delivery at the delivery site. Plants that are substandard in the opinion of the Contracting Officer will not be accepted. The actual number of plants grown will allow for a small amount of destructive sampling for each species at this observation.

1.6.4 Replacement Plantings

The Contractor shall be responsible for any additional preparation of plants necessary to complete the contract, which resulted from plant disapproval or substandard plant material. All plant replacements will be subject to inspection by the Contracting Officer during its growing period and upon delivery.

1.7 TIMES AND CONDITIONS

The Contractor's strict conformance to the project schedule is essential for the success of this project. The Contractor shall be responsible for coordinating and scheduling the collection, propagation, maintenance, storage and delivery of material necessary to complete the work and for ensuring that subcontractors do the same as quickly and efficiently as possible in conformance with the project schedule. The project schedule shall be as follows, unless otherwise directed by the Contracting Officer:

1.7.1 Collection Period

The Contractor shall collect the material in coordination with the delivery schedule so as to ensure the plants are at the required size and not rootbound at delivery. Plant material shall be collected at the first opportunity after contract award when good results can be obtained.

1.7.2 Growing Period

The Contractor shall time the plants propagation to ensure the plants are at the required size at delivery. Each species growth rate and required container size at delivery shall be considered when the propagule is germinated and/or transplanted to final container sizes.

1.7.3 Delivery Period

Delivery shall be at the earliest opportunity after December 2014 and no later than 1 February 2015.

1.8 PAYMENT

1.8.1 Payment Schedule

Payment shall be made quarterly during the nursery operations. These times shall encompass all required work described herein. The events are described below and are identified by major tasks only. The efforts identified below shall include all costs in connection therewith:

1.8.1.1.1 First Quarter Growing

The first payment shall be for propagation and growing during the first 90 days of the contract and shall constitute 25% of the Contract price for Baccharis pilularis and Quercus douglasii plant material.

1.8.1.2 Second Quarter Growing

The second payment shall be for growing during the second 90 days of the contract and shall constitute 25% of the Contract price for Baccharis pilularis and Quercus douglasii plant material.

1.8.1.3 Third Quarter Growing

The third payment shall be for growing during the third 90 days of the contract and shall constitue 25% of the Contract price for Baccharis pilularis and Quercus douglasii plant material.

1.8.1.4 Last Quarter Growing

The third payment shall be for growing for the period after the third 90 days of the contract until delivery and shall constitue 25% of the Contract price for Baccharis pilularis and Quercus douglasii plant material.

1.8.1.5 Delivery to Project Site

The fourth payment shall be for plant delivery and shall constitute the cost of delivery of the plant material to the project site..

1.8.2 Invoices

Each line item on an invoice shall give a detailed description of the Contract Line Item Number (CLIN), its amount. Upon receipt, the Contracting Officer will certify that the requested earnings are appropriate before payment will be made. Invoices shall include all necessary information, including any necessary supporting documentation required as part of this Performance Work Statement. All invoices must reflect the contract number W91238-XX-X- XXXX, see Block 2 of the Standard Form 1449. The final invoice must be marked "FINAL.

Copies of all invoices shall be provided to the following:

1.8.3 Draft Invoices

A draft invoice shall be e-mailed to the COR prior to the original invoice is sent to USAED Finance Center, Millington, TN.. This representative will inspect completed work as stated on the invoice and then submit to the Contractor a confirmation notice or temporary denial of payment until work is completed. After the Contractor has received the approval by the Contracting Officers Representative named above, the approved original invoice may then be mailed to the payment center in Millington, Tennessee.

1.8.4 Invoices shall be submitted to:

Original invoice only WITHOUT additional information or supporting documentation:

USAED, FINANCE CENTER

ATTN: CEFC-FP

5722 Integrity Drive Millington, TN 38054-5005

Electronic copy of each invoice WITH all required information including any necessary supporting documentation:

U.S. Army Corps of Engineers Attn: Ross Renken Electronic copy only Send to ross.j.renken@usace.army.mil

U.S. Army Corps of Engineers Attn: Mr. James Lee Electronic copy only Send to james.r.lee@usace.army.mil

1.8.5 Invoice Format

Each invoice shall be provided with a date and a unique invoice number. The invoice shall include a row for each contract line item and a column for each of the following information pertaining to each contract line item:

Line item number Line item description Total contract amount for each line item Current amount billed Total amount billed Each column showing an amount billed shall have a total at the bottom of the column.

Part 2 – PRODUCTS

2.1 PLANT MATERIAL

2.1.1 Plant Species and Quantities

The Contractor shall be responsible for providing each of the following species at the quantities and in the container sizes as indicated in Table A-1.

2.1.2 Substitutions

Substitutions will not be allowed, unless, approval is given in writing by the Contracting Officer.

It is the Contractor’s responsibility to document why they were not able to secure the required amount of plants and/or species and submit to the Contracting Officer. The Contractor shall make recommendations of substitute species to be used and where they can be secured.

2.2 GROWING CONTAINERS

Provide, grow and deliver plants in commercially available containers made of durable plastic fabrication and designed to create a deep root system. Containers shall be square rather than round, to provide more root volume in given space. Ca Containers shall have interior vertical ribs that train roots downward and guard against swirling. The bottom of the containers shall be have a cross bottom with large open space for air-pruning. Substitution of container type and size shall be subject to approval by the Contracting Officer’s Representative. Container sizes referenced herein shall be as follows:

2.2.1 Treebands for Baccharis pilularis plants

Tree Bands for Baccharis pilularis plants shall have a capacity of 24.2 cu.in (0.4 liters), and be 2- 3/8" sq X 5" long (depth).

2.2.2 Treebands for Quercus douglasii plants

Tree Bands for Quercus douglasii plants shall have a capacity of 142.8 cu.in.(2.34 liters), and be 4" sq X 10" long (depth).

Part 3 – EXECUTION

3.1 EXAMINATION

3.1.1 Verification of Collection Site Conditions

Determine and verify collection site conditions before the start of collection. Adjustments necessary to accommodate or to minimize impacts on these conditions shall be made at the Contractor's expense.

3.2 COLLECTION

3.2.1 Site Access Approval and Permits

The Contractor shall be responsible for obtaining and paying all fees for site access and any plant collection permits required for this project.

3.2.2 Collection Procedures and Methods

Plant material shall be collected and propagated according to standard collection, propagation, and nursery standards. Plants shall be nursery grown of healthy, vigorous stock free of insects and disease. At the time of collection, cutting material shall be marked and bundled by species, to differentiate plant species at the time of planting.

3.2.3 Material Sources

The Contractor shall be responsible for the collection of required plant material. Propagules shall be collected from multiple representative material sources to ensure the genetic diversity and viability of the material. The Contractor shall select appropriate material for propagation of the required plants. Diseased and unhealthy donor material shall be avoided. The Contractor’s collection efforts shall leave minimum impacts to source sites. At no time shall material sources be denuded of plants or stripped of all seed. If the timing is not right for viable seed collection, the Contractor shall coordinate and get permission with the COR prior to any cutting collection.

3.2.4 Collection Site Cleanup

The Contractor shall clean up all areas of debris that was caused by their plant material collection operations or disturbed as a result of their presence. Upon completion of their operations, the Contractor shall remove any debris, excess material and dirt, and extraneous equipment resulting or used during their operations.

3.2.5 Dust Control

The Contractor shall perform a good faith effort to minimize the creation of dust at all times during collection operations. At no time shall vehicles or equipment exceed a speed that causes dust disturbances to the adjacent properties.

3.3 NURSERY OPERATIONS

3.3.1 Growing Conditions

The Contractor shall provide all housing, equipment, materials, nutrients, water, propagule and care to ensure each plant develops properly. The plants shall be grown in a nursery environment, which has proper housing and shade structures for propagating each required plant material.

Plants shall be grown in such a manner to allow air pruning of roots emerging from container bottoms.

3.3.2 Insects and Disease

All plant material shall be free of insects and disease. If a target species is prone to disease, extra effort in surface cleansing during preparation may be requested to retard infection. Routine surface cleaning of collected material is expected.

3.4 HANDLING AND STORAGE

3.4.1 Handling Material

At all times, the Contractor shall handle all material professionally to ensure that the plants and planting supplies are not damaged during storage, handling, and shipping.

3.4.2 Nursery Storage

Before delivery, all plants shall be stored in such a manner to prevent damage from sunlight;

moisture, or contact with vehicles, equipment and tools. Shade, frost, and wind protection shall be used if necessary to protect the health of the plants. Plants shall be maintained and kept in healthy condition at all times.

3.5 SHIPMENT AND DELIVERY

3.5.1 Delivery Responsibility

Deliver the plants to the project site. Coordination of delivery time and location shall be made with the nursery and the COR. Upon delivery to the project site, all plant material will be observed by the COR to prevent the acceptance of damaged or otherwise unsuitable plant material. Plants shall be delivered in the containers sizes indicated in Table A-1. Unacceptable plant material shall be replaced with plants of similar size and species within 5 working days at the Contractor's expense.

3.5.2 Delivery Vehicles

Delivery vehicles shall have closed beds to minimize windburn to plant material during transport.

3.5.3 Hardening-off Plant Material

Before delivery of the plant material, all plant material shall be hardened-off for a minimum of 2 weeks to project site conditions/temperatures. This includes plants grown in shade houses or greenhouses to prevent leaf or stem burn from occurring after delivery.

3.6 DISPOSAL OF UNDELIVERED PLANT MATERIAL

It shall be the Contractor’s responsibility to dispose of all rejected, surplus or unused plants at no cost to the Government. The Contractor shall coordinate with the Government prior to taking disposal action.

Table A-1 List of Plant Species

Botanical Name Common Name Container size Required plant height

Number required

Baccharis pilularis Coyote Brush Treeband, 2-3/8” sq X 5”deep 6”-12” 2,500 Quercus douglasii Blue Oak Treeband, 4”sq. X 10” deep 6”-12” 2,500

Grand Total, All Species 5,000

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0001AA N/A N/A N/A Government 0001AB N/A N/A N/A Government 0001AC N/A N/A N/A Government 0001AD N/A N/A N/A Government 0002 N/A N/A N/A Government 0002AA N/A N/A N/A Government 0002AB N/A N/A N/A Government 0002AC N/A N/A N/A Government 0002AD N/A N/A N/A Government 0003 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 N/A N/A N/A N/A

0001AA 3 mths. ADC 1 ENGINEERING DIVISION

1325 J STREET

SACRAMENTO CA 95814-2922

L2L0000

0001AB 6 mths. ADC 1 (SAME AS PREVIOUS LOCATION)

0001AC 9 mths. ADC 1 (SAME AS PREVIOUS LOCATION)

0001AD 12 mths. ADC 1 (SAME AS PREVIOUS LOCATION)

0002 N/A N/A N/A N/A

0002AA 3 mths. ADC 1 ENGINEERING DIVISION

1325 J STREET

SACRAMENTO CA 95814-2922

0002AB 6 mths. ADC 1 (SAME AS PREVIOUS LOCATION)

0002AC 9 mths. ADC 1 (SAME AS PREVIOUS LOCATION)

0002AD 12 mths. ADC 1 (SAME AS PREVIOUS LOCATION)

0003 12 mths. ADC 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

AUG 2013

52.211-17 Delivery of Excess Quantities SEP 1989 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 1989 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.244-6 Subcontracts for Commercial Items JUL 2013 52.246-1 Contractor Inspection Requirements APR 1984 52.247-5 Familiarization With Conditions APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001

252.209-7994 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law—Fiscal Year 2014 Appropriations.

OCT 2013

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;

and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JULY 2013)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

ADDENDUM TO 52.212-01

Addendum to 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JULY 2013)

This supplements the provision, at FAR 52.212-01. In addition to any offeror instructions contained in that provision, the contractor shall provide the following with its offer. Offers are due no later than Monda, December 2, 2013 by 2:00 pm PDT. Offers may be submitted via e-mail to Alicia.s.Powell@usace.army.mil .

a) The Offeror’s quote/proposal shall demonstrate the ability to deliver the specified supplies.

b) Offeror to sign the SF-1449 in box 30a-c and return to this office along with quote.

c) The Offeror shall list any exception(s) and assumptions to any terms, conditions, or requirements of the intended contract as presented in the solicitation including the exception taken or assumption made, and the offeror’s proposed resolution. If there are no exceptions or assumptions taken, include a signed statement to that effect.

Please provide your Dun & Bradstreet DUNS (Data Universal Numbering System) number and tax identification number (TIN) with your offer. System for Award management (SAM) registration applies to this procurement, as required by FAR 4.1102. Contractors must be registered prior to award; lack of registration in the SAM database will make an offeror ineligible for award.

Information on SAM registration may be obtained at http://www.sam.gov.

Basis for Contract Award:

a) This acquisition will utilize Lowest Priced Technically Acceptable (LPTA) Source Selection procedures, with technical proposals. Technical tradeoffs will not be made and no additional credit will be given for exceeding acceptability. Award will be made to the technically acceptable offeror with the lowest evaluated cost or price and whose proposal conforms to the solicitation requirements (to include all stated terms, conditions, representations, certifications, and all other information required by FAR 52.212-1. The Government reserves the right to award without discussions. Therefore, each initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if determined necessary by the Contracting Officer.

Factor 1: Technical Compliance to the SOW.

Technical Compliance: Offerors shall provide in sufficient detail a technical quote that demonstrates the offeror's experience in providing services similar in nature and scope to this requirement. In addition, the quote must meet or exceed each of the requirements identified in the attached Statement of Work Statement (SOW). The SOW follows in this document.

Factor 2: Past Performance.

Past Performance. Offeror will be evaluated using an acceptable past performance record. Past performance information obtained from sources other than those identified by references and other sources of information available to the Government will be used to evaluate whether the offerors overall past performance and quality of performance is acceptable. Past performance will be based on the Government’s knowledge of performance under current and previous contracts, information provided by references directly to the Government or through other means, or based on any other reasonable basis. If past performance information is not available for the offeror; the offeror shall be assigned a neutral rating which is neither favorable nor unfavorable.

Contractor shall demonstrate their relevant past and current experience. At a minimum, contractors shall list three (3) previous jobs where the same or similar services were performed. Include the name of the business, contact information, the types of services performed, the duration and dollar value of each job.

Factor 2: Price Price: The cost/price quote shall include a completed pricing sheet in the attached. Prospective contractor shall ensure mathematical computations are correct. If there are errors in addition or multiplication this will be resolved by taking the contractor’s unit price times the quantity for the total, which the Government will apply to reach the total price.

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

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

Factor 1: Technical adherence to the Statement of Work dated August Factor 2: Past Performance. Offeror will be evaluated using an acceptable past performance record. Past performance information obtained from sources other than those identified by references and other sources of information available to the Government will be used to evaluate whether the offerors overall past performance and quality of performance is acceptable. Past performance will be based on the Government’s knowledge of performance under current and previous contracts, information provided by references directly to the Government or through other means, or based on any other reasonable basis. If past performance information is not available for the offeror; the offeror shall be assigned a neutral rating which is neither favorable nor unfavorable.

Factor 3: Price. The pricing arrangement will be a firm fixed price. The Offeror shall provide a price for each deliverables.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2013)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision --

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

"Forced or indentured child labor" means all work or service-

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

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

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

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