W912ES-16-T-0090___Winnie_Stump_Removal_and_Landscaping_Services.pdf
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- Solicitation number
- W912ES-16-T-0090
About this file
Winnie Dam Campground tree stump removal and landscaping services. The landscaping services consists of supplying and spreading topsoil supplying and planting grass seed mix removing all large sticks from the newly seeded area supplying and applying fertilizer to the newly planted seed mix and supplying and spreading mulch to the new seeding. See Specifications/Statement of Work.
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SEE ADDENDUM
(No Collect Calls)
W912ES-16-T-0090 25-May-2016
b. TELEPHONE NUMBER
651-290-5406
8. OFFER DUE DATE/LOCAL TIME
11:00 AM 10 Jun 2016
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.
W912ES9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
LAURA D NABITY
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
W81G6761310127
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
WOMEN-OWNED SMALL
BUSINESS (WOSB)
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
CONTRACTING DIVISION
USACE - ST PAUL
180 5TH STREET EAST
SUITE 700
ST. PAUL MN 55101-1678
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 WIN 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
WINNIBIGOSHISH DAM
56787 COUNTY ROAD 9
DEER RIVER MN 56636-9358
TEL: FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL BUSINESS
(EDWOSB)
SIZE STANDARD:
$7.5 M
NAICS:
561730
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.
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF35
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.
W912ES-16-T-0090
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Stump Grinding and Removal Service
FFP
Stump Grinding and Removal Services - Winnie Dam Campground. See Statement of Work / Specifications.
FOB: Destination
MILSTRIP: W81G6761310127
PURCHASE REQUEST NUMBER: W81G6761310127
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 1 Job Landscape Project
FFP
Landscaping Project for Winnie Dam Campground (Topsoil, Seed, Fertilize, and Mulch). See Statement of Work / Specifications.
FOB: Destination
MILSTRIP: W81G6761310127
PURCHASE REQUEST NUMBER: W81G6761310127
NET AMT
STATEMENT OF WORK
STATEMENT OF WORK / SPECIFICATIONS
Winnie Dam Campground Stump Grinding and Landscaping Services
1. General: The contractor shall supply and provide all equipment, labor, supervision, and materials necessary to grind tree stumps and landscape (topsoil, fertilize, seed, and mulch) the Winnie Dam Campground area. The U.S. Army Corps of Engineers Winnie Dam Recreation Area and Campground is located northwest of Deer River, Minnesota in Itasca County, MN. All work shall conform to local, county, and State laws and codes. See attachments for campground information. The Winnie Dam Campground is situated in the heart of northern Minnesota's lake country on scenic Winnibigoshish Lake in the Chippewa National Forest. A site visit is recommended prior to submitting a quote.
2. Measurement and Payment: Payment will be made upon completion and acceptance of the contracted work. The contractor must submit a detailed invoice to the Section Supervisor, Jeff Steere, for payment at the following address: US Army Corps of Engineers, Mississippi Headwaters Office, PO Box 625, 34385 US Highway 2 West, Grand Rapids, Minnesota 55744 or emailed to antonia.v.huber@usace.army.mil
3. Project Area: The campground covers approximately 8 acres. The landscaping project area consists of approximately 6.75 acres and is highlighted in pink on the campground map attachment.
4. Electrical Locate: The Contractor is responsible for locating all electrical lines.
5. Stump Grinding: The contractor shall supply all equipment, labor and materials necessary to grind and remove approximately 240 tree stumps from the Winnie Dam Campground. There are approximately 100 Red Oak tree stumps that range in size from 16 to 24 inches in diameter and a few (less than 10) larger Red Pine stumps that are up to 30 inches in diameter. The remaining 100 plus tree stumps range in size from 6 to 12 inches in diameter. All stumps are no taller than 3 feet from ground height. The tree stumps shall be grounded down 3 inches below the surrounding ground surface. Any holes created by the stump grinding must be backfilled with screened topsoil (supplied by contractor) so that the finished height is level with adjacent terrain.
6. Tree Stump Debris: All ungrounded tree stump portions and stump grindings must be removed and disposed of at an off‐site location according to the local, County and State of Minnesota disposal codes.
7. Topsoil: The Contractor shall supply and spread a minimum of a three (3) inch layer of rock –free screened topsoil over the entire ground area of the campground (approximately 6.75 acres) making sure to avoid getting topsoil on the paved roads, gravel campsites and campsite driveways. The topsoil shall consist of a minimum 20% organic matter with no more than 20% clay. The topsoil shall be landscaped smooth so there are no ridges, rocks or mounds remaining before applying the seed and mulch. The Contractor is responsible for removing all topsoil that is spilled on the gravel campsites, driveways or roadways. The area to receive top soil is highlighted in pink on the attached campground map. The Contractor shall provide a sample of the topsoil to the Jeff Steere for approval before spreading on the work site.
8. Stick Removal: The Contractor is responsible for removing any sticks 2 inches in diameter and larger or other debris from the surface of the topsoil before seeding.
9. Seed: The seed shall be State‐certified seed of the latest season's crop and shall be provided in the original sealed packages bearing the producer's guaranteed analysis for mixture percentage, purity, germination, weed seed content, and inert material. Labels shall be in conformance with AMS Seed Act and applicable State seed laws. The seed shall be sewn according to manufacturer’s recommendations for this area. The area to be seeded is the 6.75 acre campground area which is highlighted in pink on the attached campground map. The seed mix shall be proportioned by weight as follows:
Seed Percentage of Mix Perennial Rye Grass 50 to 75 Fine Fescue 25 to 50
10. Seeding/Fertilizer: After spreading the seed at the manufacturer’s recommended rate, the
Contractor shall incorporate the seed into the soil. The seed shall be in the top 1/4 inch of the seed bed.
To encourage healthy seed growth, the Contractor shall fertilize the new seeding at the rate recommended for new seed. This may be done at the time of seeding or shortly after but no later than 2 weeks after seeding. Approximately 6.75 acres shall be fertilized and is highlighted in pink on the attached campground map.
11. Mulch: The Contractor shall mulch the new seeding with clean mulch free of weed seeds. The mulch shall be spread according to the manufacturer’s recommendation but no heavier than 50% mulch coverage / 50% seeded earth so that the seed bed is clearly visible through the mulch and the seedlings receive plenty of sunlight. Approximately 6.75 acres shall be mulched and is highlighted in pink on the attached campground map.
12. Equipment: In order to not disturb the existing ground surface, all equipment used must contain turf style tracks or tires.
13. Disposal: All materials shall be disposed of off‐site in accordance with all local, County and State of Minnesota disposal codes.
14. Site Visit: Contractors are encouraged to visit the site prior to bidding. Site visits must be scheduled in advance.
Hours: 8:00 AM ‐ 4:30 PM, Monday – Friday (excluding Federal Holidays)
Contact Jeff Steere, Northern Headwaters Section Supervisor at 651‐290‐5808 or Email to Jeffrey.l.steere@usace.army.mil.
15. Safety: The Contractor shall complete all work according to the Corps of Engineers’ Safety Manual, USACE EM 385‐1‐1‐ www.usace.army.mil/SafetyandOccupationalHealth/EM38511,2008BeingRevised.aspx. The campground will remain open during the completion of this work and it is the responsibility of the Contractor to secure the work area from the public.
16. Insurance: The Contractor shall submit proof of insurance for Workman Compensation and Liability within 10 days after award and before any work can begin. All insurance shall be adequate to indemnify the Government from liability for injury to the Contractor’s employees and damage to Government property.
17. Schedule. All work shall be completed by September 15, 2016 and between the hours of 8:00 a.m.
and 6 p.m. Monday through Friday with the exception of Federal Holidays. No work shall be completed on a holiday.
18. Clean Up. The Contractor shall be responsible for removal and disposal of all tree stump debris.
Disposal of debris shall be off‐site and meet all local, County and State disposal codes.
19. Coordination. All work must be coordinated in advance with Jeff Steere at 651‐290‐5808 or via email Jeffrey.l.steere@usace.army.mil.
20. Initial Meeting. A pre‐work meeting shall be held at Winnie Dam Campground within 10 days of contract award.
21. Contractor’s Notice: The Contractor shall give a one week notice prior to start of work in order for the park staff to place a “Hold” on the campsites directly affected by work on this project. The Contractor shall contact Jeff Steere at 651‐290‐5808 or email Jeffrey.l.steere@usace.army.mil with their work schedule.
22. Sanitary Facilities. Outdoor restrooms and water spigots are available on site.
23. Project Location: The US Army Corps’ Winnie Dam Campground is located 17 miles northwest of Deer River, Minnesota off of County Road 9, Fire Number 56787 on the northeast side of Lake Winnibigoshish in north central Minnesota.
Address: Winnie Dam Campground
56786 County Road 9 Deer Rivers, MN 56636 218‐326‐6128
24. See Attachments
1. Map of Winnie Dam Campground
2. Photo 1 – Winnie Dam Campground
3. Photo 2 ‐ Winnie Dam Campground
WAGE DETERMINATION
WD 79-1073 (Rev.-46) was first posted on www.wdol.gov on 01/05/2016 Forestry and Land Management Services
******** REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF
LABOR
THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor | WAGE AND HOUR DIVISION
| WASHINGTON, D.C. 20210
Daniel W. Simms Division of Wage | Wage Determination No:
1979-1073 Director Determinations | Revision No:
| Date Of Revision: 12/29/2015
Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Service Contract Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
State: Minnesota Area: Minnesota Statewide
**Fringe Benefits Required Follow the Occupational Listing**
Employed on contract(s) for forestry and land management services.
OCCUPATION CODE - TITLE FOOTNOTE RATE
08010 - Brush/Precommercial Thinner 12.42 08040 - Choker Setter 17.23 08070 - Faller/Bucker 18.65 08100 - Fire Lookout 12.42 08130 - Forestry Equipment Operator 12.42 08160 - Forestry/Logging Heavy Equipment Operator 20.87 08190 - Forestry Technician 13.34 08200 - Forestry Truck Driver 20.87 08250 - General Forestry Laborer 16.49 08280 - Nursery Specialist 17.24 08310 - Slash Piler/Burner 12.42 08340 - Tree Climber 13.90 08370 - Tree Planter 10.38 08400 - Tree Planter, Mechanical 10.38
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per month
VACATION: 1 week paid vacation after 1 year of service with a contractor or successor; and 2 weeks after 2 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)
HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther
King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)
** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination.
The Department of Labor will accept payment in accordance with the following standards as compliance:
The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.
** NOTES APPLYING TO THIS WAGE DETERMINATION **
Under the policy and guidance contained in All Agency Memorandum No.
159, the Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as "approval of Wage and Hour, issuance of a wage determination, incorporation of the wage determination in the contract, adjusting the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that Wage and Hour does not recognize as reflecting "arm's length negotiation" under section 4(c) of the Act and 29 C.F.R. 5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.
The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition (Revision 1), dated September 2014, unless otherwise indicated.
REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE
Standard Form 1444 (SF-1444)
Conformance Process:
The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the commencement date of the contract (See 29 CFR 4.6(b)(2)(iv)(C)(vi)). When multiple wage determinations are included in a contract, a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed.
The process for preparing a conformance request is as follows:
1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).
2) After contract award, the contractor prepares a written report listing in order the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.
3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, U.S.
Department of Labor, for review (See 29 CFR 4.6(b)(2)(ii)).
4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.
5) The contracting officer transmits the Wage and Hour decision to the contractor.
6) The contractor informs the affected employees.
Information required by the Regulations must be submitted on SF-1444 or bond paper.
When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.
NOTES TO OFFERORS
NOTES TO OFFERORS
This is a 100% Small Business Set-Aside solicitation. The Contractor’s quote shall contain sufficient information so that the U.S. Army Corps of Engineers (USACE) can determine that the vendor has a clear understanding of the requirements. The Contractor should be prepared to defend any discrepancies between the price quoted and a fair and reasonable estimate prepared by the Government.
NAICS CODE: 561730 Business Size Standard: $7,500,000.00
A vendor may provide a price on one or all items in this solicitation to be eligible for award. The Government will award individual CLINS based on whichever vendor provides the best value to the Government.
All potential vendors are encouraged to make a site inspection prior to quote submittal. Site visits can be arranged Monday through Friday from 8:00 am to 4:30 pm (excluding Federal Holidays) by contacting Jeff Steere, Northern Headwaters Section Supervisor at 651-290-5808 or via Email at Jeffrey.L.Steere@usace.army.mil. Site inspections MUST be scheduled in advance.
To assure timely and equitable evaluation of quotes, contractors must follow the instructions contained herein. The quote must be complete, self-sufficient, and respond directly to the requirements of this solicitation. Quoters are encouraged to ask any questions regarding this solicitation. Technical related questions will be accepted up to 72 hours prior to the close of the solicitation. This requirement is for the acquisition of commercial services.
Submit an electronic proposal to Laura.D.Nabity@USACE.army.mil You may also deliver hand carried offers to 180 5th St East, Suite 700, St Paul, MN 55101-1678 and must be time stamped no later than the stated due date stated above.
As a department of the Federal Government of the United States the U.S. Army Corps of Engineers is a tax-exempt organization. Certificate of Exemption number is 62-1642124.
Quote Preparation Instructions
1. Contractors shall complete blocks 17a, 30a, 30b, and 30c on page 1 of the SF 1449 or submit alternate document(s) containing comparable information sufficient to allow for a determination of technical sufficiency and price acceptability. In doing so, the contractor accedes to the contract terms and conditions as written in the Solicitation, with attachments.
2. Contractors shall complete and submit the Schedule of Items (CLIN). Contractors may quote on one or all CLIN items. Please note, the Government may make multiple awards, one award for each CLIN, based on the best value to the Government.
3. Quoters shall have and provide all technical submittals and information as requested in
| these specific instructions and Schedule of Items. (ex - ACORD | Certificate | of | Liability |
| Insurance, | Workman | Compensation). |
4. Prior to award contractor must be registered with the System for Award Management System (SAM) database at https://www.sam.gov.
Electronic Quote Format All quote information shall be provided on, or formatted to, standard paper size. Electronic proposals provided via e-mail shall be submitted in Microsoft Word or Excel format or Adobe Acrobat (.pdf) as applicable. It may be necessary to send multiple emails to keep the e-mail within the firewall size of 8MB. Quotes sent in multiple e-mails shall be numbered to include the total sent, for example “E-mail 2 of 6.”
If vendors have not completed the FAR and DFARS Representation and Certification section in SAM, they must complete and return a copy of the DFARS 252.209-7991 Deviation clause and return it with their quote package. DFARS 252.209-7991 is incorporate by FULL TEXT in this solicitation, under the Clause and Provision section.
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 single contract without discussions with respective contractors.
The Government, however, reserves the right to conduct discussions if deemed in its best interest. Required items and specifications are listed in Schedule of Items and Statement of Work.
OFFEROR SHALL BE REGISTERED IN SAM (System for Award Management) https://www.sam.gov to include the FAR and DFARS Representations and Certifications (Reps & Certs) sections with the NAICS code applicable to the solicitation.
For assistance with SAM, please contact:
1. SAM by GSA Hours of Operation: Monday – Friday 8am to 8pm ET, U.S.
Calls 866-606-8220, Service desk website: http://www.fsd.gov/
2. Minnesota PTAC (Procurement Technical Assistance Center), www.mnptac.org
612-332-6332, mnptac@mnptac.org.
Deadline for quote submissions is Friday, June 10, 2016 at 11:00 AM CDT.
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 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 15-SEP-2016 1 WINNIBIGOSHISH DAM
56787 COUNTY ROAD 9
DEER RIVER MN 56636-9358
FOB: Destination
WIN
0002 15-SEP-2016 1 (SAME AS PREVIOUS LOCATION)
FOB: Destination
WIN
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.237-1 Site Visit APR 1984 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
252.203-7996 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation (Deviation 2016-O0003)
OCT 2015
252.203-7997 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Deviation 2016-O0003)
OCT 2015
252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting.
DEC 2015
252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 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 252.247-7023 Transportation of Supplies by Sea APR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
A vendor may provide a price on one or all items in this solicitation to be eligible for award. The Government will award individual CLINS based on whichever vendor provides the best value to the Government.
Offers shall be evaluated in accordance with (IAW) FAR Part 13 – Simplified Acquisition Procedures of FAR 13.
106-2. The Government will award a contract resulting from this solicitation to the responsible contractor(s) whose offer, conforming to the solicitation, is the lowest priced, technically acceptable offer.
The following factors will be used to evaluation offers:
(i) Price and ability to meet the delivery date.
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 (APR 2016)
ALTERNATE I (OCT 2014)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) 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.
“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.
“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 its stock 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 the stock of which is owned by one or more women; and
(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 on the SAMwebsite.
(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 representation 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 (q) 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 is to 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.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(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.
(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.
(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)
[The offeror shall check the category in which its ownership falls]:
___ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
(d) 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 to the Equal Opportunity clause of this solicitation; 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 parts 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 “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”
(2) Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)
(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) 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 terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements— Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do…
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