W91238-15-Q-0022_solicitation.doc

Section SF 1449 - CONTINUATION SHEET

Vegetation and Rodent Control Services

FFP

Contractor is responsible for providing all labor, equipment, supplies, materials transportation and supervision to perform Vegetation and Rodent control services at H.V. Eastman Lake, Madera County and four Dams in Mariposa and Merced Counties, California IAW the Performance Work Statement (PWS) attached. Contracting POC: Robert Garcia/ Phone: (916) 557-7229/email robert.s.garcia2@usace.army.mil /Contracting Officer representative (COR): Jeromy caldwell/phone: (559) 689-3255/ email: jeromy.w.caldwell@usace.army.mil

FOB: Destination

NET AMT

0001AA

Pre-Work Meeting

The Contractor shall attend a pre-work meeting conference prior to commencing work IAW with paragraph 1.9 of the PWS.

NET AMT

0001AB

Pre Emergent herbicidesPark Hqtrs

Pre-Emergent herbicides treat Park Headquarters aproximately 2 acres (once a year)

NET AMT

0001AC

Pre-emergent Dam, Dikes, Visitor Ctr etc

Pre-emergent herbicides to treat Road 29, Dam, Dikes, Visitor Center, Storage yard and access roads. Approximately 4 acres (once a year).

NET AMT

0001AD

Pre-Emergent Chowchilla and Monument

Pre-Emergent herbicles to treat Chowchilla and Monument Recreation Area. Approx 4 acres (once a year).

NET AMT

0001AE

Pre-Emergent herbicides Codorniz

Pre-emergent herbicides to treat Codorniz Recreation Area and Lakeview Trail. Approximately 13 acres. (once a year).

NET AMT

0001AF

Pre-Emergent Herbicides Wildcat & Trails

Pre-Emergent herbicides to treat Wildcat Recreation Area and Trails. Approximately 9 acres (once a year).

NET AMT

0001AG

Pre-Emergent herbicides Burns & Bear Dam

Pre-emergent herbicides to treat Burns and Bear Dams approximately 6 acres (once a year).

NET AMT

0001AH

Rodent Control Services

Provide Rodent Control services, GROUND SQUIRRELS at Eastman Lake. 106 acres (Two times a year).

NET AMT

0001AJ

Rodent Control -Ground Squirrels

Provide Rodent control services GROUND SQUIRRELS at Merced Stream Group Dam (Mariposa, Owens Bear and Burns Dam) Merced County Mariposa County. Approximately 40 acres (twice a year).

NET AMT

0001AK

Rodent Control Pocket Gophers

Provide Rodent Control services POCKET GOPHERS at Eastman Lake. approximately 69 acres (two times a year).

NET AMT

FFP

Contractor is responsible for providing all labor, equipment, supplies, materials transportation and supervision to perform Vegetation and Rodent control services at H.V. Eastman Lake, Madera County and four Dams in Mariposa and Merced Counties, California IAW the Performance Work Statement (PWS) attached. Contracting POC: Robert Garcia/ Phone: (916) 557-7229/email robert.s.garcia2@usace.army.mil /Contracting Officer representative (COR): Jeromy caldwell/phone: (559) 689-3255/ email: jeromy.w.caldwell@usace.army.mil

NET AMT

1001AA

FFP

The Contractor shall attend a pre-work meeting conference prior to commencing work IAW with paragraph 1.9 of the PWS.

NET AMT

1001AB

FFP

NET AMT

1001AC

FFP

Pre-emergent herbicides to treat Road 29, Dam, Dikes, Visitor Center, Storage yard and access roads. Approximately 4 acres (once a year).

NET AMT

1001AD

FFP

Pre-Emergent herbicles to treat Chowchilla and Monument Recreation Area. Approx 4 acres (once a year).

NET AMT

1001AE

FFP

Pre-emergent herbicides to treat Codorniz Recreation Area and Lakeview Trail. Approximately 13 acres. (once a year).

NET AMT

1001AF

FFP

Pre-Emergent herbicides to treat Wildcat Recreation Area and Trails. Approximately 9 acres (once a year).

NET AMT

1001AG

FFP

NET AMT

1001AH

FFP

NET AMT

1001AJ

FFP

Provide Rodent control services GROUND SQUIRRELS at Merced Stream Group Dam (Mariposa, Owens Bear and Burns Dam) Merced County Mariposa County. Approximately 40 acres (twice a year).

NET AMT

1001AK

FFP

Provide Rodent Control services POCKET GOPHERS at Eastman Lake. approximately 69 acres (two times a year).

NET AMT

FFP

Contractor is responsible for providing all labor, equipment, supplies, materials transportation and supervision to perform Vegetation and Rodent control services at H.V. Eastman Lake, Madera County and four Dams in Mariposa and Merced Counties, California IAW the Performance Work Statement (PWS) attached. Contracting POC: Robert Garcia/ Phone: (916) 557-7229/email robert.s.garcia2@usace.army.mil /Contracting Officer representative (COR): Jeromy caldwell/phone: (559) 689-3255/ email: jeromy.w.caldwell@usace.army.mil

NET AMT

2001AA

FFP

The Contractor shall attend a pre-work meeting conference prior to commencing work IAW with paragraph 1.9 of the PWS.

NET AMT

2001AB

FFP

NET AMT

2001AC

FFP

Pre-emergent herbicides to treat Road 29, Dam, Dikes, Visitor Center, Storage yard and access roads. Approximately 4 acres (once a year).

NET AMT

2001AD

FFP

Pre-Emergent herbicles to treat Chowchilla and Monument Recreation Area. Approx 4 acres (once a year).

NET AMT

2001AE

FFP

Pre-emergent herbicides to treat Codorniz Recreation Area and Lakeview Trail. Approximately 13 acres. (once a year).

NET AMT

2001AF

FFP

Pre-Emergent herbicides to treat Wildcat Recreation Area and Trails. Approximately 9 acres (once a year).

NET AMT

2001AG

FFP

NET AMT

2001AH

FFP

NET AMT

2001AJ

FFP

Provide Rodent control services GROUND SQUIRRELS at Merced Stream Group Dam (Mariposa, Owens Bear and Burns Dam) Merced County Mariposa County. Approximately 40 acres (twice a year).

NET AMT

2001AK

FFP

Provide Rodent Control services POCKET GOPHERS at Eastman Lake. approximately 69 acres (two times a year).

NET AMT

FFP

Contractor is responsible for providing all labor, equipment, supplies, materials transportation and supervision to perform Vegetation and Rodent control services at H.V. Eastman Lake, Madera County and four Dams in Mariposa and Merced Counties, California IAW the Performance Work Statement (PWS) attached. Contracting POC: Robert Garcia/ Phone: (916) 557-7229/email robert.s.garcia2@usace.army.mil /Contracting Officer representative (COR): Jeromy caldwell/phone: (559) 689-3255/ email: jeromy.w.caldwell@usace.army.mil

NET AMT

3001AA

FFP

The Contractor shall attend a pre-work meeting conference prior to commencing work IAW with paragraph 1.9 of the PWS.

NET AMT

3001AB

FFP

NET AMT

3001AC

FFP

Pre-emergent herbicides to treat Road 29, Dam, Dikes, Visitor Center, Storage yard and access roads. Approximately 4 acres (once a year).

NET AMT

3001AD

FFP

Pre-Emergent herbicles to treat Chowchilla and Monument Recreation Area. Approx 4 acres (once a year).

NET AMT

3001AE

FFP

Pre-emergent herbicides to treat Codorniz Recreation Area and Lakeview Trail. Approximately 13 acres. (once a year).

NET AMT

3001AF

FFP

Pre-Emergent herbicides to treat Wildcat Recreation Area and Trails. Approximately 9 acres (once a year).

NET AMT

3001AG

FFP

NET AMT

3001AH

FFP

NET AMT

3001AJ

FFP

Provide Rodent control services GROUND SQUIRRELS at Merced Stream Group Dam (Mariposa, Owens Bear and Burns Dam) Merced County Mariposa County. Approximately 40 acres (twice a year).

NET AMT

3001AK

FFP

Provide Rodent Control services POCKET GOPHERS at Eastman Lake. approximately 69 acres (two times a year).

NET AMT

FFP

Contractor is responsible for providing all labor, equipment, supplies, materials transportation and supervision to perform Vegetation and Rodent control services at H.V. Eastman Lake, Madera County and four Dams in Mariposa and Merced Counties, California IAW the Performance Work Statement (PWS) attached. Contracting POC: Robert Garcia/ Phone: (916) 557-7229/email robert.s.garcia2@usace.army.mil /Contracting Officer representative (COR): Jeromy caldwell/phone: (559) 689-3255/ email: jeromy.w.caldwell@usace.army.mil

NET AMT

4001AA

FFP

The Contractor shall attend a pre-work meeting conference prior to commencing work IAW with paragraph 1.9 of the PWS.

NET AMT

4001AB

FFP

NET AMT

4001AC

FFP

Pre-emergent herbicides to treat Road 29, Dam, Dikes, Visitor Center, Storage yard and access roads. Approximately 4 acres (once a year).

NET AMT

4001AD

FFP

Pre-Emergent herbicles to treat Chowchilla and Monument Recreation Area. Approx 4 acres (once a year).

NET AMT

4001AE

FFP

Pre-emergent herbicides to treat Codorniz Recreation Area and Lakeview Trail. Approximately 13 acres. (once a year).

NET AMT

4001AF

FFP

Pre-Emergent herbicides to treat Wildcat Recreation Area and Trails. Approximately 9 acres (once a year).

NET AMT

4001AG

FFP

NET AMT

4001AH

FFP

NET AMT

4001AJ

FFP

Provide Rodent control services GROUND SQUIRRELS at Merced Stream Group Dam (Mariposa, Owens Bear and Burns Dam) Merced County Mariposa County. Approximately 40 acres (twice a year).

NET AMT

4001AK

FFP

Provide Rodent Control services POCKET GOPHERS at Eastman Lake. approximately 69 acres (two times a year).

NET AMT

DELIVERY INFORMATION

30-NOV-2015

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CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)

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

Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

Full cooperation—

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require--

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from--

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

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

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall--

(i) Have a written code of business ethics and conduct;

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall--

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed--

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or

(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.

(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:

(1) An ongoing business ethics awareness and compliance program.

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities.

(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as appropriate, the Contractor's agents and subcontractors.

(2) An internal control system.

(i) The Contractor's internal control system shall--

(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and

(B) Ensure corrective measures are promptly instituted and carried out.

(ii) At a minimum, the Contractor's internal control system shall provide for the following:

(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.

(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.

(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting, including--

(1) Monitoring and auditing to detect criminal conduct;

(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and

(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.

(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.

(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.

(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies' contracting officers.

(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract.

(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.

(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.

(d) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a value in excess of $5,000,000 and a performance period of more than 120 days.

(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)

(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 (https://assist.dla.mil/online/start/).

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

(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 (https://assist.dla.mil/wizard/index.cfm);

(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 52.212-1

Instructions to Offerors—COMMERCIAL ITEMS

This supplements the provision at FAR 52.212-1. ADDITIONAL INSTRUCTIONS TO OFFERORS

Quotes must be submitted via EMAIL or FAX ONLY; quotes will not be accepted by any other means. Please provide your Dun & Bradstreet DUNS (Data Universal Numbering System) number and Tax Identification Number (TIN) with your offer.

US Army Corps of Engineers

Sacramento District, Contracting Division

1325 J Street, Room 860

Sacramento, CA 95814-2922

Attention: Robert Garcia

E-MAIL: robert.s.garcia2@usace.army.mil

FAX: 916.557.7524

System for Award Management (SAM) applies to this procurement. Contractors must be registered prior to award; lack of registration in SAM will make an offeror ineligible for award. Information on SAM registration may be obtained at http://www.sam.gov

a) The Offeror’s quote/proposal shall demonstrate the ability perform the tasks as specified in the Performance Work Statement.

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. Offers should be submitted by utilizing Pricing Schedule B of this solicitation document.

Evaluation Factors:

Factor 1 Experience

Factor 2 Past Performance

Factor 3 Price

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(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:

Prepare a quotation that demonstrates the following:

Factor 1: Experience:

1(a) Experience:

Demonstrate your relevant work experience for projects of similar type, size, and complexity as the work described in the Performance Work Statement. Offeror to submit at least three (3) projects similar to the scope of work described in the Performance Work Statement for this prospective contract. Experience submitted must have been completed within the last three years.

Factor 2: Past Performance:

Demonstrate an acceptable past performance record. Provide references (up to 3 projects) for previous projects for services similar to the scope of work described in the Performance Work Statement for this prospective contract. 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 offeror’s 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.

Instructions for the Past Performance Questionnaire Submittals: Provide three (3) completed Past Performance Questionnaires (see Appendix A). Questionnaires must be submitted by previous clients and must be for the same or similar type work. The Past Performance Questionnaire (PPQ) included in the solicitation is provided for the offeror or its team members. Ensure correct phone numbers and email addresses are provided for the client point of contact. The offeror shall complete and submit with the proposal the first page of the PPQ, which will provide contract and client information.

Factor 3: Price:

The pricing arrangement will be a firm fixed-price. The Offeror shall provide a price break out.

The breakout shall be for each task. The price breakout should include, labor disciplines, number of hours for each labor discipline, hourly rate for each labor discipline, extensions for each labor discipline, quantities, unit prices, and specify any assumptions made. Contractor shall document prices on the attached price schedule( Price Schedule B).

Factor 1 and 2 are considered Technical. Technical and past performance, when combined, are significantly more important than price.

Experience, Past Performance and Price

Technical and past performance, when combined, are significantly more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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.

(End of provision)

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (DEC 2014)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic

Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as…