FBODaily.com | FedBizOpps: PRESOL | F | FY 2017 Release of Planted Trees

FBO DAILY - FEDBIZOPPS ISSUE OF MARCH 15, 2017 FBO #5591
SOLICITATION NOTICE

F -- FY 2017 Release of Planted Trees

Notice Date: 3/13/2017
Notice Type: Combined Synopsis/Solicitation
NAICS: 115310 — Support Activities for Forestry
Contracting Office: Department of Agriculture, Forest Service, R-5 Southern CA Acquisition Service Area, 701 N. Santa Anita Ave., Arcadia, California, 91006, United States
ZIP Code: 91006
Solicitation Number: AG-9AB5-S-17-0037
Archive Date: 4/8/2017
Point of Contact: Vincent Chua, Phone: 6265745326, Diana D. Arthur, Phone: 6265745220
E-Mail Address: vchua@fs.fed.us, darthur01@fs.fed.us
(vchua@fs.fed.us, darthur01@fs.fed.us)
Small Business Set-Aside: HUBZone
Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. The North American Industry Classification System (NAICS) Code for this project is 115310, Support Activities for Forestry, and the annual size standard is $7.5M. This requirement will be 100% set aside for HubZone entity. All prospective Offerors must be registered in the System for Award Management (SAM) database (www.sam.gov) and the Online Representations and Certifications Application (ORCA). Contractors will be searched against the https://www.sam.gov to ensure they are eligible for Federal contract awards. Please forward technical inquiries to Vincent Chua at vchua@fs.fed.us Project Description: The proposed project includes the following: The project is to secure services for release of Government tree seedlings with a fixed radius grub circle for approximate 567 acres. The Contractor shall furnish all labor, equipment, supervision, transportation, supplies, except those designated as Government-furnished, and incidentals, to perform all work necessary on the areas specified. The work is located at the USDA FOREST SERVICE, ANGELES NATIONAL FOREST, TUJUNGA RANGER DISTRICT, 12371 N LITTLE TUJUNGA CANYON ROAD, SYLMAR CA 91342 The completion time for this contract is approximately 15 calendar days after NTP is issued. Scheduled Site Visit: Date: March 15, 2017 Time: 10:00 am local time Location: TUJUNGA RANGER DISTRICT 12371 N LITTLE TUJUNGA CANYON ROAD SYLMAR CA 91342 RESPONSES ARE DUE on Wednesday March 24, 2017 by 10:00 AM Local Time. Responses shall be sent via mail to the following address: Angeles National Forest, Southern California Acquisition Service Area, 701 N Santa Anita Ave, Arcadia, CA 91006. Email submissions of the RFQ WILL NOT be accepted. A - Solicitation/Contract Form 52.212-3 Offeror Representations and Certifications-Commercial Items. (JAN 2017) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. (a) Definitions. As used in this provision- Administrative merits determination means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. Arbitral award or decision means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. Civil judgment means- (1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction. (2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. DOL Guidance means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, 'Fair Pay and Safe Workplaces'". The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces. Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. Enforcement agency means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are- (1) Department of Labor Wage and Hour Division (WHD) for- (i) The Fair Labor Standards Act; (ii) The Migrant and Seasonal Agricultural Worker Protection Act; (iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act; (iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act; (v) The Family and Medical Leave Act; and (vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors); (2) Department of Labor Occupational Safety and Health Administration (OSHA) for- (i) The Occupational Safety and Health Act of 1970; and (ii) OSHA-approved State Plans; (3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for- (i) Section 503 of the Rehabilitation Act of 1973; (ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and (iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity); (4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and (5) Equal Employment Opportunity Commission (EEOC) for- (i) Title VII of the Civil Rights Act of 1964; (ii) The Americans with Disabilities Act of 1990; (iii) The Age Discrimination in Employment Act of 1967; and (iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act). Forced or indentured child labor means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). Labor compliance agreement means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters. Labor laws means the following labor laws and E.O.s: (1) The Fair Labor Standards Act. (2) The Occupational Safety and Health Act (OSHA) of 1970. (3) The Migrant and Seasonal Agricultural Worker Protection Act. (4) The National Labor Relations Act. (5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act. (6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act. (7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity). (8) Section 503 of the Rehabilitation Act of 1973. (9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. (10) The Family and Medical Leave Act. (11) Title VII of the Civil Rights Act of 1964. (12) The Americans with Disabilities Act of 1990. (13) The Age Discrimination in Employment Act of 1967. (14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors). (15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html). Labor law decision means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws". Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. Sensitive technology- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). Service-disabled veteran-owned small business concern- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are 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 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. Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (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 SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://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 to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (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) 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) of 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 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." Other Foreign End Products Line Item No.: ______________________________ Country of Origin:__________________________ (List as necessary) (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No.____________________________ _________________________________________ _________________________________________ $(List as necessary) (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. _________________ _________________ _________________ Country of Origin _________________ _________________ _________________ $(List as necessary) (g)(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, 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, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin _________________ _________________ _________________ _________________ _________________ _________________ (List as necessary) (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements". (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line item No. _________________________________ Country of origin _____________________________ (List as necessary) (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) ___ Are, ___ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) ___ Have, ___ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property, (3) ___ Are, ___ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) ___ Have, ___ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).) (1) Listed end products. Listed End Product [ ] [ ] Listed Countries of Origin [ ] [ ] (2) Certification. (If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.) ___ (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. ___ (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) ___ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) ___ Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) (The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.) (1) [ ] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror ___ does ___ does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) [ ] Certain services as described in FAR 22.1003-4(d)(1). The offeror ___ does ___ does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). [ ] TIN: ___________________. [ ] TIN has been applied for. [ ] TIN is not required because: [ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [ ] Offeror is an agency or instrumentality of a foreign government; [ ] Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. [ ] Sole proprietorship; [ ] Partnership; [ ] Corporate entity (not tax-exempt); [ ] Corporate entity (tax-exempt); [ ] Government entity (Federal, State, or local); [ ] Foreign government; [ ] International organization per 26 CFR 1.6049-4; [ ] Other ___________. (5) Common parent. [ ] Offeror is not owned or controlled by a common parent; [ ] Name and TIN of common parent: Name ____________________. TIN _____________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. The Offeror represents that- (i) It ___ is, ___ is not an inverted domestic corporation; and (ii) It ___ is, ___ is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifer in the solicitation). (1) 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 (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)(1) 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. (3) If the Offeror indicates "yes" in paragraph (p)(2) 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)]. (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract with any corporation that- (i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (2) The Offeror represents that- (i) It is ___ is not ___ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (ii) It is ___ is not ___ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.) (1) The Offeror represents that it ___ is or ___ is not a successor to a predecessor that held a Federal contract or grant within the last three years. (2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: __________________________ (or mark "Unknown"). Predecessor legal name: __________________________ (Do not use a "doing business as" name). (s) Representation regarding compliance with labor laws (Executive Order 13673). If the offeror is a joint venture that is not itself a separate legal entity, each concern participating in the joint venture shall separately comply with the requirements of this provision. Note to paragraph (s): By a court order issued on October 24, 2016, this paragraph (s) is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (1)(i) For solicitations issued on or after October 25, 2016 through April 24, 2017: The Offeror ___ does ___ does not anticipate submitting an offer with an estimated contract value of greater than $50 million. (ii) For solicitations issued after April 24, 2017: The Offeror ___ does ___ does not anticipate submitting an offer with an estimated contract value of greater than $500,000. (2) If the Offeror checked "does" in paragraph (s)(1)(i) or (ii) of this provision, the Offeror represents to the best of the Offeror's knowledge and belief (Offeror to check appropriate block): ___(i) There has been no administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the offeror (see definitions in paragraph (a) of this section) during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter; or ___(ii) There has been an administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the Offeror during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter. (3)(i) If the box at paragraph (s)(2)(ii) of this provision is checked and the Contracting Officer has initiated a responsibility determination and has requested additional information, the Offeror shall provide- (A) The following information for each disclosed labor law decision in the System for Award Management (SAM) at www.sam.gov, unless the information is already current, accurate, and complete in SAM. This information will be publicly available in the Federal Awardee Performance and Integrity Information System (FAPIIS): (1) The labor law violated. (2) The case number, inspection number, charge number, docket number, or other unique identification number. (3) The date rendered. (4) The name of the court, arbitrator(s), agency, board, or commission that rendered the determination or decision; (B) The administrative merits determination, arbitral award or decision, or civil judgment document, to the Contracting Officer, if the Contracting Officer requires it; (C) In SAM, such additional information as the Offeror deems necessary to demonstrate its responsibility, including mitigating factors and remedial measures such as offeror actions taken to address the violations, labor compliance agreements, and other steps taken to achieve compliance with labor laws. Offerors may provide explanatory text and upload documents. This information will not be made public unless the contractor determines that it wants the information to be made public; and (D) The information in paragraphs (s)(3)(i)(A) and (s)(3)(i)(C) of this provision to the Contracting Officer, if the Offeror meets an exception to SAM registration (see FAR 4.1102(a)). (ii)(A) The Contracting Officer will consider all information provided under (s)(3)(i) of this provision as part of making a responsibility determination. (B) A representation that any labor law decision(s) were rendered against the Offeror will not necessarily result in withholding of an award under this solicitation. Failure of the Offeror to furnish a representation or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (C) The representation in paragraph (s)(2) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous representation, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation in accordance with the procedures set forth in FAR 12.403. (4) The Offeror shall provide immediate written notice to the Contracting Officer if at any time prior to contract award the Offeror learns that its representation at paragraph (s)(2) of this provision is no longer accurate. (5) The representation in paragraph (s)(2) of this provision will be public information in the Federal Awardee Performance and Integrity Information System (FAPIIS). (t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1(k)). (1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year. (2) Representation. (Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)). (i) The Offeror (itself or through its immediate owner or highest-level owner) ___ does, ___ does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (ii) The Offeror (itself or through its immediate owner or highest-level owner) ___ does, ___ does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program. (3) If the Offeror checked "does" in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported. (u)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General). (End of provision) 52.212-4 Contract Terms and Conditions - Commercial Items. (JAN 2017) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (JAN 2017) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) [ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). [ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509). [ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). (5) (Reserved) [ ] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). [ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). [X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note). [ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313). [ ] (10) (Reserved) [X] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). [ ] (ii) Alternate I (NOV 2011) of 52.219-3. [ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [ ] (ii) Alternate I (JAN 2011) of 52.219-4. [ ] (13) (Reserved) [ ] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [ ] (ii) Alternate I (NOV 2011). [ ] (iii) Alternate II (NOV 2011). [ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644). [ ] (ii) Alternate I (OCT 1995) of 52.219-7. [ ] (iii) Alternate II (MAR 2004) of 52.219-7. [ ] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)). [ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)). [ ] (ii) Alternate I (NOV 2016) of 52.219-9. [ ] (iii) Alternate II (NOV 2016) of 52.219-9. [ ] (iv) Alternate III (NOV 2016) of 52.219-9. [ ] (v) Alternate IV (NOV 2016) of 52.219-9. [ ] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [X] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)). [ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)). [ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [ ] (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2)). [ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)). [ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)). [X] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). [X] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (OCT 2016) (E.O. 13126). [X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (28) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). [ ] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). [ ] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). [ ] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). [X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). [ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). [ ] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [ ] (35) (Removed) Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. [ ] (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016). [ ] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [ ](38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). [ ](39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). [ ] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). [ ] (ii) Alternate I (OCT 2015) of 52.223-13. [ ] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). (ii) Alternate I (JUN 2014) of 52.223-14. [ ] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). [ ] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). [ ](ii) Alternate I (JUN 2014) of 52.223-16. [ ] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [ ] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). [ ] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693). [ ] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). [ ] (ii) Alternate I (JAN 2017) of 52.224-3. [ ] (48) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83). [ ] (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. [ ] (ii) Alternate I (MAY 2014) of 52.225-3. [ ] (iii) Alternate II (MAY 2014) of 52.225-3. [ ] (iv) Alternate III (MAY 2014) of 52.225-3. [ ] (50) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [ ] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). [ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150). [ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150). [ ] (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [ ] (56) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [X] (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (JUL 2013) (31 U.S.C. 3332). [ ] (58) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332). [X] (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). [X] (60) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). [ ] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). [ ] (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). [ ] (ii) Alternate I (APR 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) [ ] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). [X] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). [X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [ ] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [ ] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). [ ] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67). [ ] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67). [X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). [X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). [ ] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). [ ] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (vi) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). (x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xi) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). (xii) [X] (A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). [ ] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67). (xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67). (xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). (xvii) (Removed) Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)). (xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xx) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 452.211-72 Statement of Work/Specifications. (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J. (End of Clause) 452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract. (End of Clause) 452.211-74 Period of Performance. (FEB 1988) The period of performance of this contract is from [] through [] (End of Clause) *Contracting Officer shall insert the appropriate dates. 452.215-73 Postaward Conference. (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within * days after the date of contract award. The conference will be held at: []. (End of Clause) *Contracting officer to insert number of days and location. 452.228-71 Insurance Coverage. (NOV 1996) Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below: (a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers. (b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence. (c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss. (d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater. (End of Clause) 452.236-73 Archaeological or Historic Sites. (FEB 1988) If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately. (End of clause) 452.246-70 Inspection and Acceptance. (FEB 1988) (a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract. (b) Inspection and acceptance will be performed at: []. (End of clause) *Contracting Officer shall insert appropriate identifying data. 52.222-99 2.222-99 Establishing a Minimum Wage for Contractors (DEVIATION) This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, Implementation of the President's Executive Order Establishing a Minimum Wage for Contractors, dated June 12, 2014. (a) Each service employee, laborer, or mechanic employed in the United States (the 50 states and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour. (b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor's annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract. (c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment. (d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act). (e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts. FSAR 4G52.222-701 EMPLOYMENT OF ELIGIBLE WORKERS (DEC 1999) Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (8 CFR 274a). The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for 3 years, or 1 year past the end of employment of the individual, whichever is longer. It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status. Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law. For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office. FSAR 4G52.222-702 LABOR STANDARDS FOR CONTRACTS INVOLVING MIGRANT AND SEASONAL AGRICULTURAL WORKERS (DEC 1999) (a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to ensure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, precommercial thinning, site preparation, and wildland fire fighting. (b) Definitions. "Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters. "Farm Labor Contractor", as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker. (c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Certificate of Registration from the Department of Labor or an authorized State agency. The contractor shall carry the Certificate at all times while engaged in contract performance, and shall display it upon request. Any of the contractor's employees who perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate. (d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, record-keeping, vehicle safety, and housing: (1) The contractor shall display and maintain at the place of employment the MSPA poster provided by the Department of Labor. (2) Wage and Payroll Standards (i) The contractor shall disclose in writing to each worker in a language common to the worker the full terms of their employment, including workers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional Form WH-516 for contractor's use in disclosure. (ii) The contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (that is, per hour, per tree, per acre), number of units earned if paid on a per unit basis, hours worked, total pay, withholdings and purpose for each, and net pay. Payroll records shall be retained for 3 years. (iii) Payments must be made no less frequently than every 2 weeks or semi-monthly. At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed in paragraph (ii) and shall include the employer's tax identification number. (iv) If paid on a piece rate basis, the employee's wage must be at least equivalent to the required hourly wage for the hours worked, including overtime differential for time in excess of 40 hours per week. (3) Motor Vehicle Safety (i) The contractor must be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. The authorization to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is still applicable. Any driver who transports workers for a fee or at the direction of the contractor must be registered as a farm labor contractor or a farm labor contractor employee. (ii) Any vehicle under the ownership or control of the contractor shall comply with safety standards applicable to that vehicle. Generally, passenger vehicles or station wagons must comply with Department of Labor regulations at 29 CFR 500.104. Vehicles other than passenger vehicles or station wagons which are driven more than 75 miles must comply with Department of Transportation Regulations at 29 CFR 500.105. All drivers must have a current, valid State driver's license. (iii) Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker shall be covered by vehicle insurance of $100,000 per seat (max. $5,000,000). A workers compensation policy covering the workers while being transported plus an additional property damage policy for $50,000 for loss or damage in any one accident to the property of others may be substituted for the vehicle insurance requirement. (4) Housing (i) The contractor shall house workers only in a commercial establishment or a facility that has been certified by a health authority or other appropriate agency. The contractor must post the certificate of occupancy at the housing site. (ii) The authorization to furnish housing, other than commercial lodging, must appear on the contractor's certificate. (e) For further information on the requirements of the Act, contractors should contact their local Wage and Hour Division of the Department of Labor. FSAR 4G52.222-703 MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT REGISTRATION (DEC 1999) The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 U.S.C. 1801-1872) and implementing regulations issued by the Department of Labor (29 CFR 500), require any employer who hires or anticipates hiring employees subject to MSPA to obtain an MSPA registration number. If the contractor employs or anticipates hiring employees subject to MSPA, the contractor shall provide a valid U.S. Department of Labor MSPA Registration Number to the Contracting Officer within ___ days (30 days unless a shorter time is specified) after notification of award of the contract. The Government may demand that the contractor display MSPA registration at any time during contract performance if itappears that the contractor is employing workers subject to MSPA. On demand, the contractor shall display its MSPA registration or state why it is exempt from MSPA. Compliance with MSPA is a material condition of the contract. If the contractor fails to provide a valid MSPA number in accordance with this clause, or falsely states that it is exempt from the MSPA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law. END&emsp; B - Supplies or Services/Prices Item Description Quantity Unit Unit Price Total FY17 Station Fire Release Project. Release of planted trees on 567 acres within the StationFire. 001 Grubbing/Cutting of Herbaceous Vegetation and clipping of woody vegetation within three (3) foot radius of a seedling 567 Acres TOTAL C - Description/Specifications STATEMENT OF WORK C.1 Scope The objective of this contract is to secure services for release of Government tree seedlings with a fixed radius grub circle. The Contractor shall furnish all labor, equipment, supervision, transportation, supplies, except those designated as Government-furnished, and incidentals, to perform all work necessary on the areas specified. Contractor provided equipment includes a Trimble GPS unit for each crew. The Contractor will show that the crew leaders have the knowledge, experience and proficiency in using Trimble GPS equipment in the field prior to starting the release work. C.2 Contract Time The Governments time estimate for Item is based on two 16 person (14 workers) crews working M-F for 15 work days. C.3 General Information • The Release unit boundaries are not identified on the ground. The Contractor shall provide and use a Trimble GPS unit to locate the release unit boundaries. The Government will provide a file that will contain the boundary polygons. The Government inspector will also carry a GPS unit. • Average tree spacing is approximately 22' x 22' with an average of 90 trees per acre. • The Government will provide inspectors during release. During release the Government Inspector will inspect the Contractors inspection plots and work to determine the Contractor meets contract release specification as units are completed. To insure the inspectors can find the Contractors inspection plots, the crew leader/foreman shall mark their inspection plots with flagging and log the GPS coordinates (latitude and longitude) of the plots for submission to the Contracting Officer Representative. • In the presence of the Gov. Inspector the Contractor shall read the contract specifications to all employees, in their native tongue. Each employee shall demonstrate their proficiency at their task to the Government before commencing work. C.4 Location, Directions to Units, And General Access Information See attached maps. Contract maps are intended to show only the general size and location of the units. All trees to be released are within the units shown on 2017 Station Fire Release Contract Maps. No vehicles will be permitted to operate off of Forest Service system roads without the approval of the Contracting Officer and/or his representative. Operators that drive Contracting Officer approved Quad runners shall wear helmets and wash the Quads as specified. The Government will provide 4 WD access on the: Angeles Forest Highway, Angeles Crest Highway (above any State closures), Santa Clara Divide Road, Mt Pacifico Road, Mendenhall Road, and the Chilao Road. If road access is blocked the Government will, under the Change Clause: (1) provide an alternate access route; (2) delete the inaccessible unit(s), require an "unspecified walk-in", or delay the release until access is available. Other roads on the Project map may or may not be available for the Contractor's use which may necessitate walk-ins for which there will be no additional compensation. There are walk-in release units. These "walk-in" units are noted on "Attachment A" and shown on the contract maps. Walk-in units are those units that are not adjacent to roads or have roads running through them. The Contractor shall provide at least one Trimble GPS unit with Terra Sync software, capable of displaying the release unit polygon layer, and a trained operator, for each crew. The Contractor shall utilize the Trimble to locate the units to be grubbed which are located within the 2017 release units. Each crew will have a person, usually the crew foreman/supervisor knowledgeable and practiced in the use a Trimble GPS unit prior to beginning any release work. This will be demonstrated to Contracting Officer Representative before actual release work starts. C.5 Contractor's Representative Before work starts, the Contractor shall designate, in writing, an English speaking person to be acting during Contractor's absence from the work site. The Contractor shall list the extent of authority the representative will have on the job. The Contractor or the Acting Authorized Representative shall receive orders and instructions from the Contracting Officer's Representative, or the Inspector, and shall take such action as is required to keep the job in progress under the terms of this contract. The Contractor shall have a minimum of one designated non-working foreman and one designated inspector/safety officer for each crew. Crew size can vary from 14 to 16 crewmen. Each crew foremen and inspector shall be able to read and speak English. If no English-speaking foreman and inspector are available, work may be suspended until the situation is rectified. In this event, contract time will continue, unless contract is terminated for default. C.6 Priority of Work The Government will determine the order of units to be treated, typically from low elevation to high elevation unless otherwise agreed to. All the seedlings within the 2017 release units as shown on "Attachment A" shall be released in the acres shown in Section B - PRICING SCHEDULE. A unit shall be completed prior to starting a new unit. C.7 Government Furnished Property The Government will deliver to the Contractor the following Government furnished property in accordance with FAR clause 52.245-4: • Maps of the units that contain the tree seedlings to be released. • GPS layer of Release Unit boundaries. It is the Contractor's responsibility to find and stay within the unit boundaries on the ground. • GPS layer of Avoidance/Exclusion areas within the Release Unit boundaries. Sites of historical significance, areas containing rare plants, and Riparian Conservation Areas exist within the Release Unit boundaries. It is the Contractor's responsibility to identify and avoid these areas using their Trimble GPS. C.8 Contractor Furnished Property Contractor shall furnish the following release tools which shall meet the following minimum requirements: 1. Tools, toilets, hand washing facilities, personal protective equipment, and drinking water for workers. 2. Trimble GPS units with Terra Sync Software, one per crew. Contractors may call Jen Hooper at 626 574-5284 to check the adequacy of the their Trimble GPS units C.9 Measurable Performance Standards and the Government's Quality Assurance Plan. Quality Standard: The Government's Quality Standard is the standard against which all of the Contractor's performance shall be measured. Acceptable Quality Level (AQL): The maximum allowable deviation from the Quality Standard established below by the Government for work performed in this contract before the Government will invoke rework. The AQL does not allow a Contractor to knowingly offer or perform defective services below the Quality Standard, but limits reduced payments to circumstances in which defective performance results in a measurable reduction in the value of services received by the Government. Government's Quality Assurance Plan TASK QUALITY STANDARDS ACCEPTABLE QUALITY LEVEL MEANS OF MEASUREMENT DEDUCTIONS INCENTIVES Tress With Grub Circles Technical Specifications 95% of all planted conifers within a Release Unit specified for release have grub circles. Contractor's Quality Control Plan Inspections or Government Inspection Rework Good Performance Rating Grub Circle Technical Specifications 95% of each grub circle meets technical specifications. Contractor's Quality Control Plan Inspections or Government Inspection Rework Good Performance Rating Protection of Sensitive Plants/Cultural Sites Avoidance of Damage to Plants or Cultural Sites 97% of all sensitive plants and 100% of cultural sites within grubbed circles are not damaged, cut, or removed Contractor's Quality Control Plan Inspections or Government Inspections Cost Reductions From Contract Total for Damage or Destruction Loss of Revenue from Contract Price If any planted conifer or sensitive plant is intentionally cut or pulled from the ground the occurrence will be treated as fraud and turned over to the Governments Law Enforcement. Contractually the Contractor will be assessed damages that include new site preparation, seedling cost, and planting/inspection costs, and the Government may terminate the Contractor's right to continue. C.10 Definitions Conifer - A live tree with needle shaped or scale covered leaves Contractor's Foreman/Safety Officer/Inspector - These roles may be done by one or more individuals. The Foreman is responsible for contract compliance. The Safety Officer will scout ahead and warn the crew of hazards and serve as lookout for unsafe weather conditions. The Safety Office shall also, at a minimum, measure wind speed every two hours or more often during periods of increasing wind activity and record these measurements for the Government's inspection. The Contractor's Foreman/Inspectors shall follow a systematic sampling process developed by the Contractor that is acceptable to the Government that tests the Contractor's work against the Contractor's Quality Control Plan and the Governments Quality Assurance Plan. Clipping - The cutting of specified vegetation within 1.5 inches of the ground or within 1 inch of the point of attachment that lies within the specified radius of the grubbed circle. Plant tops that extend into the grub circle will cut back to the edge of the grub circle. Grubbing - The cutting of specified vegetation below the ground at a specified distance below the surface within a specific distance from the planted conifers. Grub Circle - A circle with a specified radius that is centered on planted conifers from which all herbaceous, non-woody vegetation shall be grubbed except the selected leave tree(s) and designated units where clipping of woody vegetation will take place. Herbaceous Vegetation - Any plant that does not develop persistent woody tissue above ground, i.e. grasses, forbs, ferns, mountain rose, snowberry, and poodle brush for example. Sensitive plants, identified at the Post Award Conference are not considered to be herbaceous vegetation for this contract. Job Hazard Analysis - A summary of the hazards within the project and the limits when work will be suspended for various hazardous conditions. Root Crown - The transition zone between stem and root usually located at or just below the ground surface. Woody Vegetation - Vegetation over one inch in height that has stems and branches that are composed mostly of a hard, fibrous substance. Woody Stump Sprouts - Woody vegetation which consists of dead stems that have sprouted new vegetation from the plant's stump or original root system. Unit - A polygon on the map that has a distinct number or letter designation. C.11 Technical Specifications Grubbing Work Methods and Standards Before commencing work and in the presence of the Government the Contractor shall read these contract specifications to all employees in their native tongue. Each employee shall demonstrate their proficiency at their task to the Government before commencing work. All work shall be performed in an organized manner as a whole crew or at a minimum of half crews. 1) Grub Circle Size: The Contractor shall treat all herbaceous non-woody vegetation, woody vegetation that enters the 3 foot grub radius which is measured horizontally, centered on a planted conifer. 2) Grub Circle Protocol: At each planted conifer, the Contractor shall first remove all weedy grasses within 3 feet of the planted conifer. The Contractor will then remove all the remaining herbaceous vegetation within a 3 foot radius of the planted conifer. The woody vegetation will be clipped to a 3 foot radius of the planted conifer. 3) Spacing - All living planted conifers within the units specified in "Attachment A" by the Government shall be released up to the acres specified in Section B - PRICING SCHEDULE. Spacing of the planted trees varies between 13 feet and 27 feet apart. Naturally occurring conifer seedlings taller than six inches but less than six feet will be treated in areas void of live planted conifer seedlings. Natural conifer seedlings shall be spaced off planted conifers and each other at a minimum spacing of 10 feet and a maximum of 15 feet. 4) Vegetation to be Grubbed - All herbaceous vegetation that is within or intrudes into the grub circle shall be treated. For the purposes of this contract, sensitive plants identified in the post Award Conference shall not be grubbed. All weedy grasses will be treated up to 3 foot from each seedling. Herbaceous vegetation and grass shall be severed 1.5 inches below the surface. For plants that have rhizomes only the above ground portions shall be removed to a depth of 1.5 inches. 5) Vegetation to be Clipped - All woody vegetation that is within or intrudes into the grub circle will be clipped to within 1.5 inches of the ground. Woody vegetation germinants shall be clipped to within 1.5 inches of the ground. Woody stump sprouts (This is woody vegetation that has re-sprouted after the above ground portion was killed) will be cut off within 1 inch of the point of attachment. 6) Damage Prevention - Conifer seedlings shall not be damaged in the process of cutting competitive vegetation. Damage includes any injury to the living crown, candle, bole, or roots of the seedlings. Soils shall not be scalped or pulled away from the seedlings during cutting of the vegetation. Do not scalp the soil out of the radius circle, just treat the vegetation. If pull-able vegetation cannot be cut due to slash or rocks, the vegetation shall be hand pulled. 7) Contractor Created Slash - All cut or grubbed material may be left in the grub circles to the extent is does not damage, harm or potentially affect the growth of the seedlings. All weedy grasses that are treated will be bagged and removed off National Forest lands 8) Naturals - Conifer seedlings 6 inches in height or taller that were not planted. Natural seedlings within the grubbed circles will not be cut or damaged. 9) Staked Rows - For monitoring purposes, some seedlings may be marked with a metal stake or pin flag. These seedlings will be treated the same way any other seedling when grubbing or clipping. If it is necessary to remove a stake or pin flag, it shall be replaced in the same spot and position as it was before it was removed. C.12 Inspection: Meeting the Government's Quality Assurance: The Government Inspectors will be in the field inspecting released seedlings and release units as they are grubbed and clipped. The Government inspectors will also inspect the Contractors inspection plots to see if they adequately measure the Contractor's compliance with the Government's Quality Assurance Plan and the contract specifications for release work. These inspections will be recorded and provided to the Contractor upon request. The inspections may lag behind the Contractors completion of a unit. Units will not be accepted as complete until the Government inspectors have completed their inspections and all contract specifications for release and the Governments Quality Assurance Plan standards have been met. Contractor Self-Inspection: Under this contract, the Contractor shall conduct quality control inspections using a Quality Control Plan submitted and approved by the Contracting Officer prior to the post award meeting. This Quality Control Plan shall include a procedure for a self-inspection system to show compliance with the Government's QAP standards and the contract specifications for the release work. The Contractor shall at all times have a non-working Foreman/Safety Officer and Inspector for every crew with the intended purpose of insuring quality control and overseeing the Contractor's self-inspection. The Contractor shall turn in the results of their self-inspection to the Government COR when a unit is completed. Each release unit shall be inspected separately and the results of one unit shall not be averaged with those of other units for rework purposes. C.13 Deliveries and Performance. Notice to Proceed and Contract Time The Government will issue a Notice to Proceed (NTP) as soon as weather and ground conditions are favorable for release. Contract time will start on the sooner of: a. The date specified on the Notice to Proceed, if hand delivered. b. The third day after the Post Office has issued a Notice of Certified mail to the Contractor. Failure of the Contractor to pick up certified mail will not be considered an excusable delay. c. When release commences. Schedules The Contractor shall provide, to the Contracting Officer for approval, a practicable work schedule after receiving the Notice to Proceed and before the post award conference. Any changes to schedule shall be subject to Contracting Officer approval. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, and days of work. Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of the contract. ITEM NO. ESTIMATED START WORK DATE CONTRACT TIME 1 April 1, 2017 15 days Contract time will be counted Monday thru Friday. E - Inspection and Acceptance E.1 Inspection and Acceptance Contractor Inspection Requirement The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. Inspection of Services-Fixed-Price (a) Definitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services. (b) The Contractor shall provide and maintain an inspection system acceptable to the Government, covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires. (c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work. (d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities, and assistance for the safe and convenient performance of these duties. (e) If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed. (f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default. Informal Visits The Contracting Officer and/or his/her appointed representative may visit the work units to observe the Contractor's work in progress. Contractor's Formal Inspections The Contractor shall establish an inspection system acceptable to the Government. The Contractor's inspection system must be submitted and accepted by the Contracting Officer after the Notice to Proceed but prior to the post award meeting. The primary purpose of the Contractor's inspection is for assurance of quality control. The Government may, however, accept the Contractor's inspection for unit acceptance either wholly or in part. Contractor may use Conifer Release Inspection Form provided. See Attachment J The Contractor's inspection shall comply with the following: a. Shall be systematic in application. b. Shall yield an inspection plot size of at least 1/20th acre for every 7.5 acres or approximately 77 plots. There shall be at least 1 plot per release unit. c. Shall be documented on a Contractor designed form. d. Shall be timely in performance. e. Shall address all the work specifications and the Government Quality Assurance Plan. f. Shall show a method of determining quality attained. g. Shall be designated on the ground by flagging and a latitude and longitude will be recorder sufficiently to be located by a Government inspector. E.2 Government Furnished Property The Government will provide a GPS layer depicting the units within and adjacent to where the planted seedlings will be found. A GPS layer of rare plant and cultural heritage resources will also be provided. This property shall be used and maintained by the Contractor in accordance with provisions of the FAR 52.245-4 Government Furnished Property clause incorporated by reference in Section I of the solicitation. The GPS layer of rare plants and cultural heritage resources will be returned to the Forest Service after contract work is complete. E.3 Unit Measurement 1. All linear and area measurements in this contract have been measured on a horizontal plane. Release units contain non-work areas within their perimeters. These non-work areas will be honored as practical with the assistance from the Government Inspector. 2. The area to be released is not enclosed by a line or on the ground delineations. The only boundary exists as polygons drawn in a GIS program and exported to the GPS unit as a file. E.4 Payments The Contractor will be paid the bid price per acre times the amount of acres completed that meet the contract specifications. Only completed units will be paid for. Partial Payment Partial payments may be made if requested by the Contractor provided that payment will only be made upon completion, inspection, and acceptance of a complete unit(s). a. Partial payments will be made no more often than every 14 calendar days. b. No partial payments may be made for a partial unit. G - Contract Administration Data G.1 Contracting Officer (CO) responsible for this contract: Vincent Chua U.S. Forest Service Southern California Acquisition Service Area 701 N Santa Anita ave Arcadia, 626-574-5326 Email: vchua@fs.fed.us G.2 Contracting Officer's Representative (COR) for this contract: Steve Bear Forest Service Angeles National Forest Tujunga Ranger District 12371 N Little Tujunga Canyon Road Sylmar Ca 91342 Telephone: 818-899-1900 Email: sbear@fs.fed.us G.3 Contracting Officer's Representative (COR) - Liaison The COR will be the liaison between the U.S. Forest Service herein referred to as "Service" and the Contractor, and, when necessary, will provide technical direction to the Contractor. The COR, however, is not authorized to change any of the terms and conditions of the contract, issue new assignments of work, make decisions concerning disputes arising under the contract, or resolve differing site condition matters. Neither the presence nor absence of the government representative shall relieve the Contractor of its responsibilities under the contract. G.4 Job Site Administration The Government will designate a Site Representative (SR) who will be available at the site to inspect the work as it progresses. The SR will prepare an Inspector's Daily Log, beginning with the first day of the contract, detailing ground and weather conditions, work being performed, materials delivered, and notes of any problems or difficulties. Government inspections do not relieve the Contractor of responsibility for providing adequate quality control measures. At the end of every day of work on this contract, The Contractor's Superintendent, as defined below, shall contact the SR, review the daily log, and sign as the Contractor's representative. Unless the Contractor's Superintendent makes notation of the contrary on the daily log, the log shall be presumed to be accurate. The SR is not authorized to make technical decisions or give technical directions; the Contractor or the Contractor's Superintendent must contact the COR regarding such decision and direction. The Contractor shall have a competent superintendent (hereinafter referred to as the "Contractor's Superintendent" who is (i) deemed acceptable to the Government; (ii) authorized to act on the Contractor's behalf; and (iii) be present on the job site at all times when contract work is being performed. H - Special Contract Requirements H.1 Cutting or Pulling of Planted and or Natural Seedlings The removal of seedlings to avoid having to release them will be treated as a criminal matter as an attempt to defraud the Government, and will be referred to law enforcement for investigation. In addition, after the first instance a crewman will be removed from the project. After the second instance by the same crew the foreman and crew will be removed from the project. All puled trees will be charged at a rate of $50.00/seedling. H.2 Archaeological, Rare Plants, or RCA's. Sites of historical significance, areas containing rare plants, and Riparian Conservation Areas (RCA) will identified in the GIS layers provided to the Contractor. These sites may or may not be flagged with orange flagging for avoidance. It is the Contractor's responsibility to properly interpret these boundaries from the GIS layer and ensure avoidance whether flagged or not. No activity will take place within these designated sites. No release will take place within 300 feet from a streambank on either side of perennial stream or 100 feet from the streambank on either side of an intermittent stream. No release will take place with 500 feet of the Upper Big Tujunga Creek. Considerable fines may be imposed for disturbance of these areas. Individual rare plants that are not flagged or shown on the GIS layer provided but are recognizable as such shall not be treated and shall be left in the grub circle when possible. The Contracting Officer and/or his representative will notify Contractor and the Government Inspector of known cultural site locations prior to performance of services. If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general are of the site(s) and notify the Contracting Officer and his representative immediately. H.3 Worker Safety 1. The Contractor shall comply with the Planting Job Hazard Analysis Attachment F. The Contactor shall provide a Safety Officer on each crew whose responsibilities include directing the crew away from unsafe locations, identifying hazards, and stopping work when the weather or terrain make it impossible to work safely. The Safety Officer can also serve as foreman or inspector. The contractor shall not work or park around snags when the wind is blowing 12MPH or greater, whether it be gusts or sustained. The Government may stop work at any time when they deem the working conditions to be unsafe. 2. The Contractor shall train all workers on the job site in the safe operation of all tools and equipment used on the job site. 3. The Contractor shall provide all workers on the job site with information concerning the identification and avoidance of site-specific hazards or hazardous conditions. 4. The Contractor shall provide appropriate personal protective equipment (PPE) for each worker on the job site. Such equipment shall be in a serviceable, sanitary, and reliable condition; equipment that is found to be damaged or defective shall be immediately replaced and shall not be used. 5. The Contractor shall ensure that all workers on the site wear the provided PPE while working on the job site. 6. Consistent with US Department of Labor regulations, PPE shall be provided at no expense to the worker. 7. Appropriate PPE includes, but is not limited to, the following: a. Foot protection that provides adequate traction and ankle support. For workers operating chain saws, foot protection that shall be constructed with cut-resistant material which will protect the employee against contact with a running chain saw. b. Hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997. Hard hats shall be worn where there is potential for head injury from falling or flying objects. c. Eye protection that meets the minimum requirements of ANSI standard Z87.1-2003. Eye protection shall be worn where there is potential for eye injury due to flying objects or sharp objects encountered at eye level. H.4 Contractor's Sanitation Responsibilities The Contractor shall provide access to clean drinking water for his/her workers. In addition, Contractors are required to provide toilets and hand washing capabilities, whether utilized or not, while working on National Forest land performing reforestation work. Field Sanitation In accordance with US Department of Labor Fact Sheet No. ESA 97-28 "Field Sanitation Standards" (Ref. 29CFR 1928.110), employers must provide: 1. Potable drinking water, suitably cool and in sufficient amounts, dispensed in single-use cups or by fountains, located so as to be readily accessible to employees. 2. Facilities maintained in accordance with public health sanitation practices include upkeep of water quality through daily change or more often if necessary. 3. Notification to each employee of the location of the water and allowance of reasonable opportunities during the workday to use them. The employer also must inform the employee of the relevant health hazards in the field and the practices necessary to minimize them. Employees cannot be made to bear the costs incurred by the employer for providing required facilities. H.5 Noxious Weeds The spread of noxious weeds will be controlled by the Contractor in the following manner: The Contractor shall ensure that all off-road equipment be washed and free of soil, seeds, vegetative matter or other debris that could contain of hold plant seeds. The Contractor shall follow protocol standards in the washing of equipment and tools to prevent the spread of noxious weeds. Documentation forms regarding this activity will be maintained by the Contractor and forwarded to the Contracting Officer. These protocols are detailed in Section J The Contractor may be required to clean off-road equipment prior to moving between units on this project. The Contractor shall notify the Contracting Officer at least 5 days prior to moving each piece of off-road equipment into the project area; notification shall include the most recent location of the equipment to be moved. The Contracting Officer may require that the Contractor's equipment be presented for inspection before being placed in service. The Contractor's equipment may be cleaned on the National Forest subject to Contracting Officer approval. New infestations of noxious weeds shall be promptly reported to the Contracting Officer. Employees shall not wear cuffed pants that will transport and distribute weed seed. Crews shall walk single file when traveling but not working, to limit the noxious weed seed movement. H.6 Pollution Control The Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCP) Plan when total oil and oil products storage exceeds 1320 gallons in containers of 55 gallon or greater. The SPCP shall meet applicable EPA and State requirements and be certified by a registered professional engineer. The Contractor shall immediately take action to contain and cleanup, without expense to the Government, all petroleum products spills caused directly or indirectly by the Contractor or Contractor's employees. The Contractor shall be liable for all damages and costs deemed necessary by the Government for the spill containment and cleanup. The Contractor shall notify the Contracting Officer of any hazardous substances used on the project area and shall have Material Safety Data Sheets available for those materials. All such materials shall be labeled in accordance with Federal and State regulations. The Contractor shall maintain a Hazardous Substance Plan. The plan shall include, but is not limited to, hazardous substances to be used in the project area and the identification of the Contractor Representative responsible for supervising initial containment action for releases and subsequent cleanup. The Contractor shall notify appropriate agencies, including the Contracting Officer of all spills, leaks or other releases of hazardous materials including petroleum products on or in the vicinity of National Forest land caused directly or indirectly by the Contractor or Contractor's employees. The Contractor shall maintain all equipment operating on the project area in good repair and free of leakage of lubricants, fuel, coolant and hydraulic fluid. The Contractor shall properly transport and dispose of all contaminated soil, vegetation, debris, oil filters, oily rags and waste oil in accordance with local, State and Federal regulations. Disposal of any such contaminated material on the National Forest is prohibited. The Contractor shall take effective measures to prevent all leaking or spilled petroleum based products from stationary equipment and equipment being serviced. H.7 Post Award Conference Prior to commencement of work, the Contractor shall meet with the Contracting Officer to discuss contract terms, work performance requirements and work progress schedules. Also at this meeting such things as sanitation, camping requirements, fire prevention and suppression plans will be developed. The Quality Control Plan will be provided to the CO prior to this meeting. The meeting will be held at a time and place determined by the Contracting Officer. H.8 Camping Under the terms of this Contract, camping is not permitted in Forest Service Campgrounds. The Contractor [ () may (x) shall not ] be permitted to camp elsewhere on the National Forest. Camping on the National Forest is not a right; and shall be subject to approval by the Contracting Officer. H.9 Wildlife Wildlife encountered during the course of project implementation should be given the opportunity to evacuate the site. This includes venomous species such as rattlesnakes. Personnel will be reminded that harassment or removal of wildlife from the site is not permitted. Impacts to migratory birds will be minimized by avoiding nesting birds. If a nest is encountered during project implementation the nest will be avoided with a 300 foot buffer around the nest. The Contractor will notify the Contracting Officer H.10 Fire Plan and Project Activity Levels The Contractor operations under the terms and conditions of this contract/task order shall comply with the Fire Plan (Section J, Attachment C1;C2). The Fire Plan shall be accepted by the Contractor and is subject to approval by the Contracting Officer prior to commencing any operations. The Fire Plan shall be reviewed not less than annually by the Contractor and the Contracting Officer. I - Contract Clauses 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) 52.237-3 Continuity of Services. (JAN 1991) 52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/ www.usda.gov/procurement/policy/agar.html (End of clause) &emsp; J - List of Documents, Exhibits and Other Attachments List of Documents, Exhibits, and Other Attachments Attachment Number Title Pages 1 Maps 12 2 Fire Plan 10 3 Additional Emergency Fire Precautions 2 4 Wage Determination Service Contract Act (SCA) 3 5 Release Data Sheet 1 6 Conifer Release Inspection Form 1 7 Injury and Illness Prevention Program (IIPP) 2 8 Job Hazard Analysis 11 9 Equipment Cleaning 1 10 Past Performance Questionnaire 6 11 Past Experience Form 1 NOTE: Attachments will be provided in the scheduled site visit or upon request. L - Instructions, Conditions, and Notices to Bidders 52.212-1 Instructions to Offerors - Commercial Items. (JAN 2017) 52.237-1 Site Visit. (APR 1984) Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. The scheduled site visit is on: Date: March 15, 2017 Time: 10:00 am Location: Los Angeles River Ranger District 12371 N. Little Tujunga Canyon Road San Fernando, CA 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/ www.usda.gov/procurement/policy/agar.html (End of provision) ADDITIONAL INSTRUCTIONS TO OFFEROR(S) 1. Proposals are due no later than September March 24, 2017 at 10:00 a.m. local time. Proposals shall be mailed or hand carried to the following address (Offers will not be accepted via Email or fax): U.S. Forest Service Southern California Acquisition Service Area Attn: Vincent Chua 701 N. Santa Anita Ave. Arcadia, CA 91006 2. The final date to submit questions is March 17, 2017 3:00 p.m. local time. All questions shall be in writing and submitted via email to Vincent Chua at vchua@fs.fed.us. No telephone calls will be accepted. 3. It is the Offerors responsibility that the proposal submitted, regardless of the method of transmission, is received in this office prior to the due date. 4. The Federal Government requires that you have a DUNS number and be registered in the System for Award Management (SAM) in order to do business. If you were actively registered in CCR (Central Contractor Registration) & ORCA (Online Representations & Certifications Application), your information has migrated to SAM (see www.sam.gov for migrating vendor information). You must be fully and actively registered in SAM. If you fail to comply with this requirement, you will lose consideration for contract award. 5. The Department of Agriculture has moved to an electronic method of accepting Offeror's invoices. Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). For further information, the IPP website address is: https://www.ipp.gov. 6. Proposal Instructions: Offerors should submit two (1) copy of their proposal, dated and signed by an official of the company. Submittals received after deadline date and time will be determined unacceptable and shall be returned. Each section listed in number 7 below, shall be separated with tabs, labeled, and shall not exceed 22 pages. Submissions without specific minimum content will be deemed unacceptable. Each Offeror responding to this solicitation must submit to the Government its offer consisting of the documentation listed below. Such documentation shall be submitted with the offer and shall conform in every respect with the requirements of the RFP. Nonconforming offers may result in rejection of the offer. 7. Proposal Package: Offeror shall include the following items: Tab A - STANDARD FORM 1449/AMENDMENTS - The completed form shall include the Offeror's name, signature, and DUNS number. If applicable, all copies of amendments shall be signed. Tab B - GENERAL/ADMINISTRATION DATA - Provide a cover letter outlining general information regarding your company's history, organizational structure, size, primary expertise, website address, single point of contact (Project Manager), mailing address, DUNS number, telephone and facsimile number, e-mail address and any other pertinent information. (Maximum 2 Pages.) Complete all Representation and Certification listed in the solicitation. All vendors must complete the electronic version of the Online Representations and Certifications (ORCA) at: http://www.sam.gov and clicking on the Online Reps and Certs Application. If the Prime Contractor plans on subcontracting (i.e. not the actual company delivering the fuel), the Offeror is to provide documentation on who the subcontractors will be along with their subcontractors POC information, and a statement of promising to pay the subcontractor. The document must be signed by both parties. TAB C - TECHNICAL PROPOSAL - The Offeror shall submit a proposal including all relevant documented evidence of evaluation factors listed under Non-Price Evaluation Factors. Responses that the "Offeror understands" or "will comply with the specifications", statements paraphrasing the specifications, and general or overly broad responses such as "standard procedures will be employed" or "well know techniques will be used", will be rated unacceptable. Offeror shall include capabilities in terms of the evaluation criterion set forth below including: Tab C-1 - Relevant Past Experience - See attachment Tab C-2 - Relevant Past Performance - See attachment TAB D - CONTRACTOR PRICE PROPOSAL - The Offeror shall submit a firm fixed price. The proposed prices will be evaluated, but not scored or combined with other aspects of the evaluation. 8. Responsibility The Government will determine responsibility by analyzing whether the apparent successful Offeror complies with the requirements of FAR 9.1, including: - adequate financial resources or the ability to obtain them; - ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments; - satisfactory record of integrity and business ethics; - necessary organization, experience, and skills or the ability to obtain them; - necessary equipment and facilities or the ability to obtain them; and - otherwise qualified and eligible to receive an award under applicable laws and regulations. SECTION M - Evaluation Factors for Award Evaluation of Proposals General. To be acceptable and eligible for evaluation, Offerors must prepare proposals in accordance with the instructions listed under section L of this solicitation. Proposals must meet all the requirements set forth in other sections of this solicitation. The Government may determine an offer to be unacceptable and exclude it from further consideration for failure to comply with guidelines listed in Section L of solicitation. Basis for Award. The source selection method used by the Government will be the best value method Lowest Priced Technically Acceptable (LPTA). Eligible Offerors will be required to provide a technical and price proposal for consideration of award. The technical proposal will be evaluated based on the standards stated below. Among offers that are determined to be Technically Acceptable, the Government will make award to one Offeror submitting the lowest priced offers. The Government will first review the un-priced technical proposals to determine which are acceptable to the Government. If any evaluation factor receives an "unacceptable" in the overall rating, the entire proposal then becomes "unacceptable". Each non-price evaluation technical factor will receive a rating of acceptable or unacceptable. To be considered technically acceptable, no technical factors in the proposal may be determined to be unacceptable. The failure of a proposal to meet all of the requirements under any factor will result in a technically unacceptable rating and preclude award. Should no proposals be determined technically acceptable, the Contracting Officer will establish a competitive range consisting of the most highly rated proposals. The Government may award based on initial offers, without discussions. The Government reserves the right to reject proposals that are unreasonably low or high in price and reserves the right to not make an award. The Government will notify unsuccessful Offerors as required by FAR 15.503. The following factors shall be used to evaluate offers: Factor 1: Relevant Past Experience - Relevant past experience of the Offeror will be reviewed, including subcontractors and Joint Ventures, on projects submitted in response to solicitation. The Government will evaluate the experience data to determine the degree to which the similarity and extent of that experience demonstrates the ability to successfully perform the statement of work. "Same or Similar" as referenced below, is defined as experience on projects that are the same or similar in size, scope, complexity and dollar magnitude as the project described in the solicitation. This standard is met when the Offeror can identify three (3) or more completed projects meeting the following criteria: • At least three (3) of the projects submitted must be the same or similar to the project described in the solicitation. • All projects must be 100% complete. • All projects must be completed within the past 3 years. The Offeror shall complete and submit three (3) Past Experience & Reference Form in response to this factor. ***Failure to include enough information to determine that the acceptability requirements have been met will result in an unacceptable rating and possible elimination from further consideration for contract award. Factor 2: Relevant Past Performance - This factor will evaluate how well an Offeror has performed on projects of a similar scope, magnitude and complexity, and is an indicator of the likelihood of completion of the project in terms of time, price, and quality of work. In the event of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror will not be evaluated favorably or unfavorably on this factor. This standard is met when the Offeror has an overall satisfactory performance on at least three (3) jobs completed in the last three (3) years performed in paving roads. The Offeror shall have their previous clients complete and submit the completed Past Performance forms along with the proposal, at a minimum three (3) Past Performance forms in response to this factor. Past Performance forms submitted must be on jobs that are at least 100% completed with the last three (3) years. The government reserves the right to evaluate past performance through other methods such as reviewing Government performance data sources such as but not limited to CPARS, personal knowledge, and/or any other methods. The Offeror must disclose in their proposal whether or not they have relevant past performance related to this requirement. In the event of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror will not be evaluated favorably or unfavorably on this factor. ***Failure to meet all of the requirements under this factor will result in an unacceptable rating and possible elimination from further consideration for contract award. Evaluation of Price - The proposed prices will be evaluated, but not scored or combined with other aspects of the evaluation. The price evaluation will determine whether the proposed price is realistic (IAW FAR 15.404-1), complete and reasonable in relation to the solicitation requirements. Additionally, all offers will be analyzed for unbalanced pricing. The lowest priced offer will be evaluated first, if Offeror meets or exceeds the evaluation criteria listed above, award will be made to that Offeror. If lowest price Offeror is not found to be technically acceptable, then the next lowest priced Offeror will be evaluated. Award will be made to the lowest priced technically acceptable Offeror. You are advised to submit your best price. The Government reserves the right to make a single award or make no award. Notice of Award - 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.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/USDA/FS/91T5/AG-9AB5-S-17-0037/listing.html)
Place of Performance: Address: TUJUNGA RANGER DISTRICT, 12371 N LITTLE TUJUNGA CANYON ROAD, SYLMAR, California, 91342, United States; Zip Code: 91342
Record: SN04433427-W 20170315/170313235113-b9379bd77bee4e8d4d9d880134e9d76e (fbodaily.com)
Source: FedBizOpps Link to This Notice
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