A2.1_W91238-17-Q-0019.pdf

SEE ADDENDUM

(No Collect Calls)

W91238-17-Q-0019 09-Aug-2017

b. TELEPHONE NUMBER

916-557-7857

8. OFFER DUE DATE/LOCAL TIME

09:00 AM 11 Sep 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912389. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CHRISTOPHER L TOSO

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE SACRAMENTO DISTRICT

ATTN: CONTRACTING DIVISION

1325 J STREET

SACRAMENTO CA 95814-2922

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$7,000,000

NAICS:

115112

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF76

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W91238-17-Q-0019

Section SF 1449 - CONTINUATION SHEET

LIST OF ATTACHMENTS

Name Description Date Page Count Attachment A Performance

Requirements Summary

02 JUN 2017 2

Attachment B Quality Assurance Surveillance Plan

02 JUN 2017 2

Attachment C Pricing Schedule 02 JUN 2017 1 Attachment D Target Schedule 02 JUN 2017 1 Attachment E Temporary Storm Water

Pollution Control Risk Level 2

JUL 2013 34

Attachment F Grass Seeding and Erosion Control

02 JUN 2017 17

Attachment G Records and Reports 02 JUN 2017 4 Attachment H Submittal Register 02 JUN 2017 1 Exhibit A Orchard Removal Plans 24 JAN 2017 9 Appendix 1 Form PPQ-0 30 SEP 2011 4

CLAUSE(S) 52.212-1 - ADDENDUM TO 52.212-1

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS

This supplements the provision at FAR 52.212-01. ADDITIONAL INSTRUCTIONS TO

OFFERORS.

In accordance with 52.212-1, the Government intends to award without discussions.

The offeror’s proposal shall be submitted via EMAIL ONLY, as set forth below. The solicitation will provide the receipt date for proposal submittal. Submit offers to:

US Army Corps of Engineers Sacramento District, Contracting Division (SPK-CT-B) E-MAIL: Christopher.L.Toso@usace.army.mil and Krista.O’Connor@usace.army.mil

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.

The offeror’s proposal shall consist of five (5) volumes. The Volumes are I – Technical Approach; II – Key Personnel; III – Past Performance; IV – Cost/Price; V – Solicitation, Offer and Award Documents and Certifications/Representations. Files shall not contain classified data. The use of hyperlinks in proposals is prohibited.

Offerors are cautioned that “parroting” of the Technical requirements or the PWS with a statement of intent to perform does not reflect an understanding of the requirement or capability to perform. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. Proprietary information shall be clearly marked.

2. PROPOSAL SUBMISSION REQUIREMENTS

a. Each volume shall be submitted in a separate email attachment. Each attachment shall be clearly labeled “Offeror Name, Volume Number.” Any pages that are changed (as a result of negotiations or proposal revisions) shall be labeled as such and have changed information clearly marked. The revised pages shall be dated.

b. Paragraph formatting shall be single spaced. Each paragraph shall be separated by at least one blank line. A standard, 12-point minimum font size applies. Arial or Times New Roman fonts are required. Tables and illustrations may use a reduced font size no less than 8-point and may be landscape.

c. The following volumes of material shall be submitted:

MAXIMUM*

VOLUME TITLE PAGES

I – Technical Approach 5 II – Key Personnel 9

III – Past Performance 35 IV – Cost/Price N/A V – Solicitation, Offer and Award Documents and Certification/ Representations N/A

*Pages that exceed the required page limitations will not be evaluated.

Additional pages over the maximum allowed will be removed or not read and will not be evaluated by the Government. Licenses and Certifications are excluded from the Technical Volume’s page count.

3. PROPOSAL FILES

a. Format. The submission shall be clearly indexed and logically assembled.

Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and RFP number in the header and/or footer. A Table of Contents should be created. MS Word (doc) files shall use the following page setup parameters:

Margins – Top, Bottom, Left, Right – 1” Gutter – 0” From Edge – Header, Footer 0.5” Page Size, Width – 8.5” Page Size, Height – 11”

The following additional restrictions apply:

b. File Packaging. Files shall be in read-only format, using PDF files. All price breakdown information to aide in the cost/price evaluation shall be submitted in Microsoft Office Excel Read/Write format and viewable in Microsoft Excel 2007.

c. Content Requirement. All information shall be confined to the appropriate file.

The offeror shall confine submissions to essential matters, sufficient to define the proposal in a concise manner, to permit a complete and accurate evaluation of each proposal. Proprietary information shall be clearly marked for each applicable page or volume. The following shall be included:

(i) VOLUME I – Technical Approach. This volume shall be organized as follows:

Factor 1: The offeror’s proposed Technical Approach. The offeror's proposal must provide evidence of a clear understanding of the technical requirements. Offers must present a dialog of their technical approach for performing the work. For each Program Objective listed in section 9 (Program Objectives) of the PWS provide a statement describing the approach, identifying the percentage of work to be performed by the Offeror and subcontractors (by name) and the estimated number of workers needed to accomplish each task. Offer must also identify types, amounts and sourcing of equipment that will be used to achieve the objectives as well as basic materials that will be used. The Technical Approach portion of the proposal shall address the following as a minimum:

Key Point #1 - Understanding of the Technical Requirements Key Point #2 - Program Objective Statements Key Point #3 - Types, Amounts, and Sourcing of Equipment Key Point #4 - Basic Materials

(ii) VOLUME II – Key Personnel. This volume shall be organized as follows:

Factor 2: The Offeror must ensure that all key personnel meet the qualifications listed in the PWS. In addition, the Offeror must specifically demonstrate that certain key personnel meet the knowledge, experience and education requirements in the PWS by providing resumes that include the information below in a. - f. This information must be provided for the: (1) Contract Manager, (2) Supervisor/CQC Systems Manager, (3) Jobsite Foreperson, (4) Site Safety & Health Officer (SSHO), (5) QSD Qualified

Stormwater Developer & QSP Qualified Stormwater Practitioner, (6) Biological Monitor(s), (7) Weed Control Specialist, (8) Weed Control Applicator(s) (9) Industrial Hygienist.

a. Name and title of key personnel

b. Background and qualifications of key persons identified;

c. List of projects key persons have work on;

d. Work performed by key persons on key projects listed; and

e. Copies of required certifications and licenses.

f. If the key personnel identified is not currently an employee of the company, submit a letter of intent.

The Key Personnel portion of the proposal shall address the following as a minimum:

Key Point #1 – Key Personnel meeting PWS Qualifications Key Point #2 – Complete Resumes for Key Personnel

(iii) VOLUME III – Past Performance. This volume shall be organized as follows:

Factor 3: This volume shall contain past performance information regarding recent and relevant contracts. Offerors shall submit at least three (3) Government and/or commercial contracts for the prime offeror and each major subcontractor in performance or awarded during the past five years, from the issue date of this RFP, which are relevant to the efforts required by this solicitation. Relevant efforts are defined as services/efforts that are the same as or similar to the effort (as compared to NAICS code 115112 – Soil Preparation, Planting, and Cultivation) required by the solicitation. Relevancy includes elements such as similarity of service/support, complexity, dollar value, contract type, and degree of subcontract/teaming. Data concerning the offeror shall be provided first, followed by each proposed major subcontractor, in alphabetical order. The Offeror shall also submit the written consent of its major subcontractors to allow the disclosure of its subcontractor’s past performance information to the Offeror. In addition, letters of commitment shall be included for all major subcontractors for their past performance to be considered.

Offerors shall utilize the forms and questionnaires set forth in Form PPQ-0. The Government may use data provided by the offeror in its proposal and data obtained from other sources, including data in Government files or data obtained through interviews with personnel familiar with the contractor and their current and past performance under Federal, State or Local government or commercial contracts for same or similar services.

The Government will assess the quality of the offeror’s past performance on those recent efforts that were determined relevant by determining how well the contractor performed on the contracts. The quality assessment will be determined in the form of a Confidence Assessment rating. Documented results from Past Performance

Questionnaires, interviews, CPARS, and other sources form the support and basis for this assessment. Quality may include, but is not limited to: Product Performance, Schedule/Timeliness of Performance, Management of Personnel and Subcontractors, Cost Control, and Safety/Security.

(iv) VOLUME IV – Price. This volume shall consist of all information, required to support proposed costs and prices. Certified cost and pricing data are not currently required; however, the Government reserves the right to request such data prior to award. There are no page limitations for this volume.

Note: The Contractor Manpower Reporting requirement in CLINs 750X are intended to be Not Separately Priced line items.

(v) VOLUME V – SOLICITATIONS, OFFER AND AWARD DOCUMENTS AND

CERTIFICATIONS/REPRESENTATIONS

Certifications and Representations – Each offeror shall complete (fill-in and signatures) the solicitation sections indicated below using the file (without modification to the file) provided with the solicitation. An authorized official of the firm shall sign the solicitation and all certifications requiring original signature. An Acrobat PDF file shall be created to capture the signatures for submission.

Solicitations, Offer and Award Documents and Certifications/Representations shall not be addressed separately from that submitted in VOLUME IV –

SOLICITATIONS, OFFER AND AWARD DOCUMENTS AND CERTIFICATIONS

/REPRESENTATIONS.

(End of Addendum)

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Project Schedule

FFP

Hamilton City Project Phase 2A Orchard Removal, see attached PWS.

FOB: Destination

NET AMT

0002 1 Each Contractor Quality Control Plan

FFP

0003 1 Each Environmental Protection Plan

FFP

0004 1 Each Accident Prevention Plan

FFP

0005 1 Each Performance Work Plan

FFP

0006 1 Each SWIPP and Associated Documentation

FFP

0007 1 Job Facility Setup

FFP

0008 1 Job BMP Installation

FFP

0009 1 Job Orchard Removal

FFP

0010 1 Job Orchard Removal, Soil Disturbance

FFP

Orchard Removal, Soil Disturbance Avoidance Area.

0011 1 Job 1st Weed Control Treatment

FFP

0012 1 Job 2nd Weed Control Treatment

FFP

0013 1 Job Road Maintenance

FFP

0014 1 Job NPDES Monitoring and Reporting

FFP

NPDES Monitoring and Reporting and BMP Maintenance.

0015 1 Job Records and Reports

FFP

1001 1 Job OPTION 1st Weed Control Treatment

FFP

1002 1 Job OPTION 2nd Weed Control Treatment

FFP

1003 1 Job OPTION Road Maintenance

FFP

1004 1 Job OPTION Records and Reports

FFP

2001 1 Job OPTION 1st Weed Control Treatment

FFP

2002 1 Job OPTION 2nd Weed Control Treatment

FFP

2003 1 Job OPTION Road Maintenance

FFP

2004 1 Job OPTION Records and Reports

FFP

3001 1 Job OPTION 1st Weed Control Treatment

FFP

3002 1 Job OPTION 2nd Weed Control Treatment

FFP

3003 1 Job OPTION Road Maintenance

FFP

3004 1 Job OPTION Records and Reports

FFP

7500 1 Each Base Year CMR Reporting

FFP

Report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract period (30SEP2017 - 29SEP2018) via a secure data collection site. Completely fill in all required data fields using the following web address: http://www.ecmra.mil/ Reporting inputs will be for the labor executing during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Direct questions to the help desk at:

http://www.ecmra.mil/

7501 1 Each OPTION Option Year 1 CMR Reporting

FFP

Report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract period (30SEP2018 - 29SEP2019) via a secure data collection site. Completely fill in all required data fields using the following web address: http://www.ecmra.mil/ Reporting inputs will be for the labor executing during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Direct questions to the help desk at:

7502 1 Each OPTION Option Year 2 CMR Reporting

FFP

Report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract period (30SEP2019 - 29SEP2020) via a secure data collection site. Completely fill in all required data fields using the following web address: http://www.ecmra.mil/ Reporting inputs will be for the labor executing during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Direct questions to the help desk at:

7503 1 Each OPTION Option Year 3 CMR Reporting

FFP

Report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract period (30SEP2020 - 29JUL2021) via a secure data collection site. Completely fill in all required data fields using the following web address: http://www.ecmra.mil/ Reporting inputs will be for the labor executing during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Direct questions to the help desk at:

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government 0008 N/A N/A N/A Government 0009 N/A N/A N/A Government 0010 N/A N/A N/A Government 0011 N/A N/A N/A Government 0012 N/A N/A N/A Government 0013 N/A N/A N/A Government 0014 N/A N/A N/A Government 0015 N/A N/A N/A Government 1001 N/A N/A N/A Government 1002 N/A N/A N/A Government 1003 N/A N/A N/A Government 1004 N/A N/A N/A Government 2001 N/A N/A N/A Government 2002 N/A N/A N/A Government 2003 N/A N/A N/A Government 2004 N/A N/A N/A Government 3001 N/A N/A N/A Government 3002 N/A N/A N/A Government 3003 N/A N/A N/A Government 3004 N/A N/A N/A Government 7500 Destination Government Destination Government 7501 N/A N/A N/A Government 7502 N/A N/A N/A Government 7503 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 30-SEP-2017 TO

29-SEP-2018

N/A N/A

0002 POP 30-SEP-2017 TO

29-SEP-2018

0003 POP 30-SEP-2017 TO

0004 POP 30-SEP-2017 TO

0005 POP 30-SEP-2017 TO

0006 POP 30-SEP-2017 TO

0007 POP 30-SEP-2017 TO

0008 POP 30-SEP-2017 TO

0009 POP 30-SEP-2017 TO

0010 POP 30-SEP-2017 TO

0011 POP 30-SEP-2017 TO

0012 POP 30-SEP-2017 TO

0013 POP 30-SEP-2017 TO

0014 POP 30-SEP-2017 TO

30-SEP-2018

0015 POP 30-SEP-2017 TO

1001 POP 30-SEP-2018 TO

29-SEP-2019

1002 POP 30-SEP-2018 TO

1003 POP 30-SEP-2018 TO

1004 POP 30-SEP-2018 TO

2001 POP 30-SEP-2019 TO

29-SEP-2020

2002 POP 30-SEP-2019 TO

2003 POP 30-SEP-2019 TO

2004 POP 30-SEP-2019 TO

3001 POP 30-SEP-2020 TO

29-SEP-2021

3002 POP 30-SEP-2020 TO

3003 POP 30-SEP-2020 TO

3004 POP 30-SEP-2020 TO

7500 POP 30-SEP-2017 TO

7501 POP 30-SEP-2018 TO

7502 POP 30-SEP-2019 TO

7503 POP 30-SEP-2020 TO

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-7 Information Regarding Responsibility Matters JUL 2013 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.213-2 Invoices APR 1984 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017

CLAUSE(S) 52.215-1 - ADDENDUM TO 52.215-1

Site Visit Instructions

A single site visit will be conducted for this project prior to the closing of the solicitation. The site visit date is 22 August 2017 at 0900 Local Time. The Government Point of Contact for the coordination of this event is Christopher Toso, email: Christopher.L.Toso@usace.army.mil.

Written questions may be submitted during the site visit, but answers will not be provided on site. Any questions and answers will be provided via amendment to the solicitation.

Attendance of the site visit is encouraged but not mandatory. The Government will not reimburse any offeror for expenses related to attendance of this site visit. Only 2 representatives per potential offeror shall be allowed at the site visit. To facilitate the Government's planning for this site visit, please submit the name, organizational affiliation, phone number, and e-mail address of each proposed attendee. Attendees shall present identification with photo to attend the site visit.

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

CLAUSES INCORPORATED BY REFERENCE

52.217-5 Evaluation Of Options JUL 1990 52.217-7 Option For Increased Quantity-Separately Priced Line Item MAR 1989 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.232-8 Discounts For Prompt Payment FEB 2002 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-25 Limitation Of Liability--Services FEB 1997 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 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer OCT 2013 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005

252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

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

(a) Basis for Award: The Government intends to 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 award will be made based on the best overall (i.e., best value) proposal that is determined to be the most beneficial to the Government, with appropriate consideration given to the four (4) evaluation factors: Technical Approach, Key Personnel, Past Performance, and Price. ALL

NON-PRICE FACTORS COMBINED ARE MORE IMPORTANT THAN PRICE.

To receive consideration for award, a rating of no less than “Acceptable” must be achieved for the Technical Approach and Key Personnel Factor. Each offeror’s Past Performance will be reviewed to determine relevancy and confidence assessment. The evaluation standards for past performance is explained later in this section.

The resulting award will be a Firm-Fixed Priced type contract. Price reasonableness will be utilized in the evaluation of the Firm-Fixed Price effort.

Offerors will be cautioned that the award may not necessarily be made to the lowest cost or price offered.

(b) Factors to be Evaluated: The following evaluation factors and subfactors will be used to evaluate each proposal: Award will be made to the offeror whose proposal is most advantageous to the Government based upon an integrated assessment of the Evaluation Factors described below.

Factor 1: Technical Approach Factor 2: Key Personnel Factor 3: Past Performance Factor 4: Price

Factors 1 - 3 are equal in importance. Factors 1 - 3, when combined, are more important than Factor 4.

Evaluation of the offeror’s proposal shall address each Factor as it applies to the Performance Work Statement (PWS). A detailed explanation of the criteria for the evaluation is set forth in the “Evaluation Approach”, Paragraph C of this section. During evaluations of each proposal, the Government will assign each Factor an adjectival rating and write a narrative evaluation reflecting the identified findings.

(c) Evaluation Approach: All proposals shall be subject to evaluation by the Source Selection Team (SST).

1. The overarching evaluation approach for all Factors is as follows:

a. Adequacy of Response. The proposal will be evaluated to determine whether the offeror’s methods and approach have adequately and completely considered, defined, and satisfied the requirements specified in the solicitation. The proposal will be evaluated to determine the extent to which each requirement has been addressed in the proposal in accordance with the proposal submission section of the solicitation.

b. Feasibility of Approach. The proposal will be evaluated to determine the extent to which the proposed approach is workable and the end results achievable. The proposal will be evaluated to determine the extent to which successful performance is contingent upon proven devices and techniques. The proposal will be evaluated to determine the extent to which the offeror is expected to be able to successfully complete the proposed tasks and technical requirements within the required schedule.

2. Factor 1: This Factor evaluates the offeror’s proposed Technical Approach for the basic contract period and all option years. Marginal levels in any of the Technical Approach Key Points indicates a lack of understanding concerning mission requirements and will result in the entire proposal receiving an unfavorable rating and/or being eliminated from the competitive range. All Key Points are equal in importance. The evaluation will focus on the offerors’:

Key Point #1 - Understanding of the Technical Requirements Key Point #2 - Program Objective Statements Key Point #3 - Types, Amounts, and Sourcing of Equipment Key Point #4 - Basic Materials

The Combined Technical/Risk Ratings, excerpted below focus on the strengths, deficiencies, weaknesses, risks and uncertainties of the offeror's proposal. The adjectival rating depicts how well the offeror’s proposal meets the Technical Approach Factor requirements.

Combined Technical/Risk Ratings Adjectival Rating Definition

Outstanding Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

Good Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

Acceptable

Proposal meets requirements and indicates an adequate and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate.

Marginal Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful contract performance is high.

Unacceptable Proposal does not meet requirements and contains one or more deficiencies. Proposal is unawardable.

3. Factor 2: This Factor evaluates the offeror’s Key Personnel for the basic contract period and all option years. Marginal levels in any of the Key Personnel Key Points indicates a lack of understanding concerning mission requirements and will result in the entire proposal receiving an unfavorable rating and/or being eliminated from the competitive range. All Key Points are equal in importance. The evaluation will focus on the following:

Key Point #1 – Key Personnel meeting PWS Qualifications Key Point #2 – Complete Resumes for Key Personnel

The Combined Technical/Risk Ratings, excerpted below focus on the strengths, deficiencies, weaknesses, risks and uncertainties of the offeror's proposal. The adjectival rating depicts how well the offeror’s proposal meets the Key Personnel Factor requirements.

Combined Technical/Risk Ratings Adjectival Rating Definition Outstanding Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

Good Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

Acceptable

Proposal meets requirements and indicates an adequate and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate.

Marginal Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful contract performance is high.

Unacceptable Proposal does not meet requirements and contains one or more deficiencies. Proposal is unawardable.

4. Factor 3: This Factor evaluates the Offeror’s Past Performance. The Government will evaluate the offeror’s record of past and current performance to ascertain the probability of successfully performing the required efforts of the PWS.

a. Evaluation of past performance shall be in accordance with this plan utilizing the forms and questionnaires set forth in Form PPQ-0.

b. The Government will focus its inquiries on the offeror’s (and major subcontractor’s) record of performance as it relates to all solicitation requirements, including cost, schedule, performance and management of subcontractors. Major subcontractors are defined as members of an offeror’s overall team who are expected to perform ten (10) percent or more of the proposed effort. A significant achievement, problem, or lack of relevant data in any element of the work can become an important consideration in the evaluation process.

Therefore, offerors will be reminded to include the most recent and relevant efforts (within the past five years) in their proposal. Absent any recent and relevant past performance history or when the performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned, the offeror will be assigned an “unknown confidence rating” and its proposal will not be evaluated either favorably or unfavorably on past performance. The Government may use data provided by the offeror in its proposal and data obtained from other sources, including data in Government files or data obtained through interviews with personnel familiar with the contractor and their current and past performance under Federal, State or Local government or commercial contracts for same or similar services as compared to the North American Industry Classification System (NAICS) 115112 – Soil Preparation, Planting, and Cultivation. Data used in conducting performance risk assessments shall not extend past five years prior to the issue date of the RFP, but may include performance data generated during the past five years without regard to the contract award date.

c. Offerors shall submit at least three (3) Government and/or commercial contracts for the prime offeror and each major subcontractor in performance or awarded during the past five years, from the issue date of this RFP, which are relevant to the efforts required by this RFP. The Government may consider a wide array of information from a variety of sources, but is not compelled to rely on all of the information available.

d. The past performance factor considers each offeror’s demonstrated recent and relevant record of performance in supplying products and services that meet the contract requirements. After determining recency, there are two aspects to the past performance evaluation: relevancy and performance confidence assessment.

(i) RELEVANCY: The first aspect of the past performance evaluation is to assess the offeror’s past performance to determine how relevant a recent effort accomplished by the offeror is to the effort to be acquired through the source selection. Relevancy is not separately rated; however, the following criteria will be used to establish what is relevant which shall include similarity of service/support, complexity, dollar value, contract type, and degree of subcontract/teaming.

Past Performance Relevancy Ratings Rating Definition

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

(ii) QUALITY ASSESSMENT: Assess the quality of the offeror’s past performance on those recent efforts that were determined relevant by determining how well the contractor performed on the contracts. Documented results from Past Performance Questionnaires, interviews, CPARS, and other sources form the support and basis for this assessment. Quality may include, but is not limited to: Product Performance, Schedule/Timeliness of Performance, Management of Personnel and Subcontractors, Cost Control, and Safety/Security.

(iii) PERFORMANCE CONFIDENCE ASSESSMENT: The final step is for the team to arrive at a single consensus performance confidence assessment for the offeror, selecting the most appropriate rating from the chart below. This rating considers the assessed quality of the relevant/recent efforts gathered. Ensure the rationale for the conclusions reached are included.

Performance Confidence Assessments Rating Definition

Substantial Confidence Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

Unknown Confidence (Neutral)

No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

5. Factor 4: This Factor evaluates the offeror’s proposed Price. The contract will be a Firm-Fixed Priced type contract. The Government will evaluate price reasonableness for the fixed priced effort. The base period and all option periods shall be included in the price calculation. Should the Government determine proposed prices are unrealistically low (an indication of “buy-in”), this will be considered a performance risk.

The RFP requires firm-fixed-prices contract line items. A price reasonableness approach will be utilized by the Government to determine that the proposed prices offered are fair and reasonable and that a “buy-in” or unbalanced pricing between CLINs or Option Periods is not occurring.

Indications of potential underbidding or unbalanced pricing should be reflected in the cost/pricing report. The Government will examine price proposals for artificially low unit prices.

Offers found to be unreasonably high, unrealistically low (an indication of “buy –in”), or unbalanced, may be considered unacceptable and may be rejected on that basis.

6. 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).

(d) 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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means—

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

"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.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 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.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“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)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are…