W912EQ-18-T-0029,_Aerial_Brushkill_.pdf

SEE ADDENDUM

(No Collect Calls)

W912EQ18T0029 29-Aug-2018

b. TELEPHONE NUMBER

901-544-3356

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 06 Sep 2018

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 X 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.

W912EQ9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SYNEASE S MCARTHUR

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

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

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

W38XGR81905520

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

US ARMY ENGINEER DISTRICT, MEMPHIS

SYNEASE S. MCARTHUR

167 N MAIN STREET

MEMPHIS TN 38103-1894

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: 901-544-3614 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$7,500,000

NAICS:

115310

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 OF48

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.

Section B - Supplies or Services and Prices

BID SCHEDULE

Item Description Est.

Quantity

U/M U/P Amount

0001 Aerial Brushkill Services – -Base Year (17 Sep 2018 – 16 Sep 2019) This is a non-personal services contract to provide meeting the following specifications consisting of furnishing all plant, labor, equipment, materials and chemicals, and performing all operations necessary for the accomplishment of the required kill of tree, brush and aquatic plant growth by the application of a herbicide by helicopter.

843.2 AC $___.__ $______.__

Total 843.2 AC $___.____ $______.__

Option

Aerial Brushkill Services --- Option Year (17 Sep 2019 – 16 Sep 2020) This is a non-personal services contract to provide meeting the following specifications consisting of furnishing all plant, labor, equipment, materials and chemicals, and performing all operations necessary for the accomplishment of the required kill of tree, brush and aquatic plant growth by the application of a herbicide by helicopter.

843.2 AC $___.__ $______.__

Total 843.2 AC $___.____ $______.__

Item 0001 and 1001

MAP WILL BE PROVIDED AT PRE-CONFERENCE

Channel Name USGS Quad Map(s)

Mileage Spray width (ft)

Acreage Notes for Spraying

Ditch 290 Malden, New Madrid, Pascola

15.4 40 74.7

Blackfish Bayou Deckerville, Edmonson, Park Place, Whitmore

25.2 40 122.2

Fifteen Mile Bayou Below Greasy Corner

Edmonson, Horseshoe Lake, Park Place

10.3 40 49.9

Ditch 10, Big Lake to Buffalo Creek

Manila 3.0 40 14.5

Big Lake Floodway Ditch West

Manila, Marked Tree 4.2 40 20.4

Ditch 25, Gosnell, AR

Blytheville, Manila 3.4 40 16.5

Lower Buffalo Creek Leachville, Manila, Marked Tree

10.0 40 48.5

Big Slough Ditch Kennett, Marmaduke, Piggott

20.3 40 98.4

Elk Chute Ditch Hayti, Kennett 16.0 40 77.6

Ditch 293 Pascola 2.0 40 9.7

Ditch 1 Lower Hayti, Kennett, Pascola 29.9 40 145.0

Above Haleside Ditch

Latour, Park Place 6.0 40 29.1

Honey Cypress Kennett, Leachville, Manila

10.9 40 52.8

State Line Ditch 29 Blytheville, Manila 9.5 40 46.1

Ditch 71 Manila 0.8 40 3.9

Ditch 9, MO Hayti, Pascola 7 40 33.9

Total Mileage 173.9 843.2 Total Acreage

$___.__ Price Per Acre

$______.__ Total Price

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

1. SCOPE OF WORK. This is a non-personal services contract to provide meeting the following specifications consisting of furnishing all plant, labor, equipment, materials and chemicals, and performing all operations necessary for the accomplishment of the required kill of tree, brush and aquatic plant growth by the application of a herbicide by helicopter, in the general areas indicated on the map at the end of SECTION E. The areas to be treated will be clearly identified by the Contracting Officer (CO) or the Contracting Officer’s Representative (COR) at the time of contract issuance.

2. CONTRACTOR REQUIREMENTS.

a. Contractors shall be properly bonded and licensed in the aerial application and use of herbicides in the states of Arkansas and Missouri for duration of contract;

b. Contractors shall indemnify and hold harmless the Federal Government and defend against any claims for damages caused by inappropriate or negligent application of herbicides.

c. Contractor must abide by OSHA, EM 385-1-1, manufacturer’s instructions, and other pertinent standards regulating activities. Any hazardous chemicals brought on-site must have an accompanying safety data sheet. Contractors must inform the COR of any injuries, illnesses, or property damage which took place during the performance of the contract.

d. Contractor shall submit an Accident Prevention Plan (see SM 385-1-1, Annex A (abbreviated APD) prior to preconference.

3. AREAS TO BE TREATED.

a. To avoid damage to crops adjacent to treated areas, channels will be sprayed no earlier than 1 September. The

COR shall determine those areas that may be treated prior to September and those that must be treated after 1 September. All areas specified in contract must be treated by 15 October or the first killing frost. (Timeframe will be discussed at preconference)

b. The Contractor shall apply aerial brush control to the areas specified in the contract. The areas shall be within the limits of the Memphis District identified on the Memphis District map included. (Map will be provided at preconference)

E. This area consists of the following states and counties:

(1) Missouri: Dunklin, New Madrid, Pemiscot, Stoddard

(2) Arkansas: Craighead, Crittenden, Mississippi, Poinsett

4. Period of Performance. The period of performance shall be for one (1) Base Year and one (1) option period. The

Period of Performance reads as follows:

Base Year Option Period I

5. MATERIALS.

a. General. The Contractor shall provide the herbicides, surfactant and method of application, which shall be approved by the Corps of Engineers, and shall comply with Federal, State and local laws and regulations.

Extreme care shall be exercised at all times in the transportation, storage, handling, mixing, and usage of herbicides to prevent damage to property, animals, crops, tree, and brush growth which are not to be treated. The contractor shall dispose of herbicide and surfactant containers as prescribed by the manufacturer’s label on the chemical containers, and in accordance with all applicable Federal, State, and local regulations. Any damage resulting from transportation, storage, handling, mixing, or usage of herbicides and/or surfactants shall be the sole responsibility of the Contractor. No responsibility therewith will be assumed by the government. The Contractor shall have a current herbicide applicators license as specified in the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) or other federal and state statutes, laws, ordinances, guidelines and regulations applicable to the work.

b. Herbicide/Surfactant. All herbicides, herbicide mixtures and surfactants used shall be approved for air application and for use in and around water by the Environmental Protection Agency (EPA).

6. APPLICATION. The herbicide mixture shall be applied in a manner that will result in a minimum of 90 percent kill over the area to be treated.

7. EQUIPMENT. The herbicide will be applied by helicopter.

8. COVERAGE. The coverage limits shall be from the water’s edge to top bank plus any vegetation within the stream.

9. INSPECTION, COMPLETION AND ACCEPTANCE OF WORK.

a. Inspection, completion and acceptance of the aerial brush control application will be based on a Government inspector determining that at least a 90 percent kill has been achieved in the sprayed areas. Inspection of work will be accomplished through aerial videos and work site inspections, and if necessary, random sampling will be performed as described below. Those areas that do not meet the minimum kill requirement shall be resprayed at no additional cost to the Government. Upon respraying, the Government inspector shall determine if the minimum kill requirement has been met. If the requirement has been met, the COR will accept the brush control areas. Spraying, and respraying if needed, shall be completed prior to killing frost occurring on or about 15 October.

b. Determining Level of Control 9-12 Months after Application.

If the level of control in an area that has been treated is considered questionable, the Government may choose to do random sampling. A representative of the Contractor may accompany the representative of the Contracting Officer to witness the sampling which will be accomplished as follows:

1. Randomly assign plots upon a map to be sampled before entering field. Plot the course/courses to be sampled diagonally across R.O.W. at random angles. At the destination, place a numbered flag pin(s) and turn a radius with a cane pole (11’9 ¼”). Tally live and dead brush in a 360 degree area of pin in a tally book.

2. Alternatively assign “A” for alive and “D” for dead to the stems in the sampling area. Dead Stems Divided by Total Stems = % of Control over 1/100th Acre.

9. CONTRACTOR’S RESPONSIBILITY. The Contractor shall ensure that his employees strictly comply with all Federal, State and local laws that may apply to operations under this contract. It is understood and agreed that the Contractor assumes full responsibility for the safety of his employees, plant and material, and for any damage or injury done by or to them from any source or cause. Damage caused to plant or equipment by acts of the Government, its officers, agents or employees will be the responsibility of the Government in accordance with applicable federal laws.

10. SECURITY REQUIREMENTS.

a. No later than 10 days prior to commencement of work under this contract, the Contractor shall submit to the Contracting Officer's Chief of Security, a List of all Personnel, Vehicles and Equipment that may be used during the construction of work under this contract. Contractor personnel using privately owned vehicles will be required to show vehicle registration, valid driver licenses, and proof of automobile liability insurance. The Chief of Security's office is located in Room 117 of the Clifford Davis Federal Building, Memphis, Tennessee 38103-1894, Telephone

(901) 544-4007. COLLECT CALLS WILL NOT BE ACCEPTED.

b. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

c. The Contractor must pre-screen Candidates using the E-verify Program (http://www.dhs.gov/E-verify) website to meet the established employment requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to ensure the correct information is entered into the E-verify system. An initial List of verified/eligible Candidates must be provided to the COR no later than (3) business days after the initial contract award.

11. OBJECTIONABLE EMPLOYEES. Under this contract, the Contractor shall be required to remove and replace the pilot, or any employee rendering service who, in the opinion of the CO, is objectionable or incompetent. This requirement shall not be made the basis for any claim for compensation or damage against the United States or any of it officers or agents.

12. NOTIFICATION OF AREA ENGINEER BEFORE BEGINNING WORK. At least 48 hours before beginning work, the Contractor shall notify the Area Engineer, Mr. Daimon McNew, telephone 573-333-1043. Collect calls will not be accepted.

SEE ATTACHED MAP

W912EQ18T0029

NOTICE TO OFFERORS

NOTICE TO OFFERORS

A. The following documentation must be submitted with your quote for evaluation.

1. SF 1449, Solicitation, Offer and Award; include your signature, name, title, date, include prompt payment terms, remittance address, Tax Identification Number, DUNS number, and Cage Code.

2. Schedule of prices

3. Representations and Certifications. (FAR Clauses 52.212-3)

4. All amendments must be acknowledged

5. Review and submit the required information from FAR clauses 52.212-2

6. Past Performance Questionnarie

B. Offerors ADDRESS - Prospective Offerors should indicate in the offer, the address to which payment and/or correspondence should be mailed, if such address is different from that shown for the offeror on Standard Form 1449 Block 17a.

C. System for Award Management - By submission of a quote, the Offeror acknowledges the requirement that prospective awardee must be registered in the System for Award Management (SAM) database prior to award, during performance, and through final payment of any contract resulting from this quote. Lack of registration in the SAM database will make an Offeror ineligible for award. Contractors may obtain information on registration and annual confirmation requirements by calling 1-888-227-2423, or at: http://www.sam.gov.

D. Basis of Award - The Government intends to award a award (1) Firm Fixed Price Contract from this solicitation.to the responsible contractor whose offer conforming to the solicitation will be most advantageous to the Government based on Technical Capability, Price, and Past Performance. See Performance Work Statement, and Evaluation Criteria specified in FAR 52.212-2 of this solicitation.

A rating of Acceptable or Unacceptable will be assigned to proposals.

TECHNICAL RATING:

Acceptable: Submittal clearly meets the minimum requirements of the solicitation.

Unacceptable: Submittal does not clearly meet the minimum requirements of the solicitation.

PAST PERFORMANCE RATING:

Acceptable: Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable: Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform.

Past Performance evaluations will be based on the following:

(a) The contracting officer’s knowledge of and previous experience with the supply and/or service being acquired;

(b) Customer surveys, and past performance questionnaire replies;

(c) The Government wide Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov; or

(D) Any other reasonable basis.

E. How to submit questions: Questions should be emailed to synease.s.mcarthur@usace.army.mil and monica.a.moody@usace.army.mil response will be provided.

F. How to submit Proposal: Contractor may submit an electronic offer to the following email addresses no later than the stated due date and time in block 8 of the SF 1449. Submit and electronic offer to Synease.S.Mcarthur@usace.army.mil and Monica.A.Moody@usace.army.mil. You may also deliver hand carried offers to 167 N. Main Street, Memphis TN 38103 and must be time stamped no later than the stated due date in block 8 of the SF 1449. Submission of offers via fax will not be accepted.

G. Service Times - The following service times are established for contactors:

0700-4:00pm, M-F (Monday thru Friday) 0700-3:00pm, Friday

(UNLESS OTHERWISE INSTRUCTED)

No deliveries will be accepted on Federal holidays.

H. Insurance Requirement

(a) As required by the Contract Clause entitled “Insurance—Work on a Government Installation”, the Contractor obtain insurance prior to the commencement of work, a certificate or written statement as evidence of the minimum insurance listed below. The Contractor shall procure and maintain such types and amounts of insurance during the entire period of his performance under this contract. The Contractor shall assure that the certificate or written statement is in accordance with required wording indicated in paragraph (b) of the aforementioned Contract Clause.

(1) Workmen’s Compensation – Amounts required by applicable jurisdictional statutes.

(2) Employer’s Liability Insurance -- $100,000.00

(3) Comprehensive General Liability Insurance – (No property damage liability insurance is required.)

Bodily Injury -- $500,000 per occurrence

(4) Comprehensive Automobile Insurance –

Bodily Injury -- $200,000 each person $500,000 each accident Property Damage $ 20,000 each accident

(b) Certificates of insurance should be submitted to the following address:

Contracting Division Memphis District, Corps of Engineers 167 North Main Memphis, TN 38103

LOCAL PROVISIONS

0010 CONTRACTING OFFICER AUTHORITY

Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO), or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.

0020 CUSTOMER INSTRUCTIONS

The customer is responsible for forwarding proof of delivery (SF 1449/DD FORM 1155 or DD 250 or electronic equivalent) signed by a government official to the address located in block 18a.

Failure to do so may cause a delay in payment to the contractor. If any items delivered are not in accordance with the contract or purchase order, notify the contracting officer in writing.

0030 CONTRACTING OFFICE E-MAIL ADDRESS/PHONE/FAX NUMBER(S)

Synease.S.Mcarthur@usace.army.mil – 901-544-3614 (PH) - Contract Specialist Monica.A.Moody@usace.army.mil 901-544-0838 (PH) – Contracting Officer

0040 CONTRACT ADMINISTRATION

All contract inquiries, after award of this contract, shall be directed to the Contracting Officer:

NAME: Synease McArthur LOCATION: 167 North Main, Rm A-665

TELEPHONE NO.: 901-544-3614

E-MAIL ADDRESS: Synease.S.Mcarthur@usace.army.mil

b. The authorized representatives of the Government during the performance period are as follows:

(1) The Contracting Officer’s Representative (COR) will be designated, by letter of appointment, by the Contracting Officer and will represent the Contracting Officer in the technical phases of the work, but will not be authorized to change any of the terms and conditions of the contract.

The COR is responsible for monitoring performance and the technical management of the effort required hereunder, and should be contacted regarding questions or problems of a technical nature.

(2) The designated Contract Specialist will be the Administrative Contracting Officer's representative on all other contract administrative matters. The Contract Specialist should be contacted regarding all matters pertaining to the contract or task orders.

0060 BLOCK 18a OF SF 1449, PAYMENT WILL BE MADE BY:

USACE FINANCE CENTER

5722 INTEGRITY DRIVE

BLDG S-787

MILLINGTON TN 38054-5005

0070 BLOCK 18b OF SF 1449, SUBMIT INVOICES:

DESIGNATED BILLING OFFICE:

USACE FINANCE CENTER

5722 INTEGRITY DRIVE

BLDG S-787

MILLINGTON TN 38054-5005

CEFC.B1invoices@usace.army.mil

AND

USING ACTIVITY

US ARMY ENGINEER DISTRICT

PROJECT OPERATIONS BRANCH

167 N. MAIN STREET

MEMPHIS, TN 38109

Mark.B.Mazzone@usace.army.mil

TO EXPEDITE PAYMENT (Preferred): Please email your invoice to:

CEFC.B1invoices@usace.army.mil (Designated Billing Office)

Invoice(s) must include:

(1) Name and address of the Contractor;

(2) Invoice date;

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

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

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

(6) Terms of any prompt payment discount offered;

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

(8) Name, title, and phone number of person to be notified in event of defective invoice.

Failure to mail/email your invoice(s) to the above addresses or to provide all responsive information may delay payment.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016 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 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

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

252.204-7013 Limitations on the Use or Disclosure of Information by Litigation Support Offerors

MAY 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

MAR 2018

252.215-7007 Notice of Intent to Resolicit JUN 2012 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 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

252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

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

(d) 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:

All quotes submitted will be evaluated for (1) Technical Acceptability, (2) Past Performance, and (3) Price. The government will issue award to the offeror whose proposal is the Lowest Price of those determined to meet at least the minimum requirements to be determined Technically Acceptable & Demonstrates Satisfactory Past Performance. (Lowest Price Technically Acceptable)

1. Technical Capability: To be determined Technically Acceptable offeror shall submit for evaluation, the following with their solicitation/quote package:

a. One page narrative labeled “Capability Statement” describing ability to perform work specified, can include specialized equipment, and any specialized personnel qualifications.

Include years of experience of the company, key personnel and crew who will perform the work. Include any other information that will enable the Government to determine the contractors’ capability to provide required services.

b. Provide confirmation of commercial applicator/herbicide licenses or certifications; provide evidence of proper bond and license in aerial appplication and use of herbicides in the states of Arkansas and Missouri.

c. Provide identification of active chemical to be used, and certification related to Department of Agriculture approvals for the chemical and amount to be used.

d. Provide verification of pilot & aircraft providing service, and all valid Federal Aviation Administration certificates and licenses to operate.

e. If using a subcontractor, provide name of subcontractor, any subcontractors used in conjunction with this agreement shall be bound to the same requirements placed on the Contractor

2. Past Performance:

Offerors shall provide past performance questionnaires for at least (2) projects for completed work by the offeror within the past thirty-six (36) months demonstrating successful performance by the offeror that are similar in scope and specifications of this requirement. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will be evaluated as neutral on Past Performance, providing the offeror submits a statement with their offer that no past performance information is available. (Past Performance Questionnaire is provided as an attachment)

3. Price:

Quotes will be evaluated by comparing offered prices to one another. Price quotes will be examined determine the extent to which proposed prices are comparable with the Government estimates, and previous procurement history and a determination made of Price Reasonableness. The Government may reject any proposal that is determined to be Not Fair and Reasonable, unrealistically high or low in price when compared unbalanced, such that the proposal is deemed to reflect an inherent lack of competence or failure to comprehend the requirements.

Exchanges with Offerors after Receipt of Offers/Quotes/Proposals:

Contractors may be asked to clarify certain aspects of their offer/quote/proposal. Clarification conducted to resolve minor or clerical errors will not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for revision. The Government intends to award a contract without discussions with respective contractors. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

(e) 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 expriation time, the Government may accept an offer (or part of an offer), where or not there are negotiations after its receipt, unless a written notice of withdrawl is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 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 --

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

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

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

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

“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).

“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 controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) 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 veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, 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.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and…