FBODaily.com | FedBizOpps: MOD | V | SMOKEJUMPER PILOT SERVICES

FBO DAILY - FEDBIZOPPS ISSUE OF MARCH 15, 2014 FBO #4494
MODIFICATION

V -- SMOKEJUMPER PILOT SERVICES

Notice Date: 3/13/2014
Notice Type: Modification/Amendment
NAICS: 488190 — Other Support Activities for Air Transportation
Contracting Office: Department of Agriculture, Forest Service, R-4 Intermountain Region, 324 25th Street, Regional Office, Ogden, Utah, 84401
ZIP Code: 84401
Solicitation Number: AG-84M8-S-14-0003
Point of Contact: Brian J Wharton, Phone: 801-625-5748
E-Mail Address: bwharton@fs.fed.us
(bwharton@fs.fed.us)
Small Business Set-Aside: Total Small Business
Description: Please see attachemnts for complete solicitation. Supplies or Services/Prices SMOKEJUMPER PILOT SERVICES USDA - Forest Service This is a Blanket Purchase Agreement (BPA) for Airplane Pilot Services as Smokejumper Pilot-in-Command. Airplanes will be utilized in, Smokejumper delivery, Low-level cargo drops, wildland fire support and/or administrative missions. Pilot qualified for the following aircraft to be used for Smokejumper and administrative missions: • DeHavilland DHC-6 Twin Otter NOTE: A duty day is normally 8 hours; however the government may request duty up to 14 hours per day. Pilots shall have a minimum 2 days off in any 14-day period; the days off do not need to be consecutive. Pilot availability will be required from approximate start of June 22 of each year, at the USFS McCall Smokejumper Base, McCall, ID. The government may request pilot services for up to a total of 130 days. If services begin on or prior to June 22 the normal Price per Day Rate will be paid and will continue for up to 100 days. If services are requested for more than 100 total days, the Additional Use Rate per Day will be paid for those days exceeding the base period of 100 days. NOTE: • Per diem and other additional costs will be reimbursed at the current government approved rate for lodging and per diem, in accordance with the General Services Administration per diem rate tables, at locations other than the designated base of McCall, ID. • No per diem will be paid at the designated base. NOTE: The Government intends to award up to two Pilot-in-Commands (PIC) service contracts. Pilots must be qualified and have at least 100 hours in the DHC6 Twin Otter aircraft as well as 100 hrs PIC in fixed wing airplanes in the last 12 months. Desirable Candidates will also possess at least 50 hours PIC time in the Beech B200/C-90 (See C-4.C). The Contractor may be required to pilot other aircraft based on qualifications of the Contractor, and current needs of the Government. NOTE: Please identify the pilot(s) by name where indicated above. See Section L of this solicitation for additional instructions regarding the submittal of proposals. NOTE: Quantities shown in the Schedule of Items above are estimates. The Contracting Officer (CO) or his designee may issue calls under the terms of this contract. Calls may be issued in writing, orally, electronically, or by fax. Description/Specifications/Statement of Work C- 1 Scope of Contract The Government requires pilot services to fly Government-owned or leased airplanes as Pilot-In-Command (PIC) and Second-in-Command (SIC). Airplanes will be utilized in Smokejumper delivery, low-level cargo drops, fire recon, wildland fire support and/or administrative missions. Aircraft to be piloted include, but are not limited to DHC-6 Twin Otter. The contract pilot(s) will be required to comply with all applicable Federal Aviation Regulations (14 CFR) and applicable aviation policies of the U. S. Forest Service. The contract pilot(s) may be required to fly over adverse mountainous terrain, in instrument conditions, and conduct night operations. Some flights will involve landings and/or low approaches to uncontrolled airstrips in remote locations during the hours of daylight and darkness. The work performed under this contract is a part of the national firefighting resources. The required availability period is expected to be at the designated base in McCall, ID. However, services will be required at other locations away from the designated base or outside of the United States. Part of the work performed under this contract is a part of the national firefighting resources. Government Retirement, Health, and Insurance benefits are not provided under this contract C- 2 Location and Description The designated base will be the USFS McCall Smokejumper Base, McCall Airport, McCall, ID. C- 3 Description of Service (a) Pilot Services. Contract pilot(s) will be required to perform duties as a Pilot-in-Command (PIC) and/or Second-in-Command (SIC) in a DHC6 Twin Otter providing Smokejumper PIC pilot services, in support of wildland fire suppression activities. All types of missions performed using these aircraft may be staffed with a contract pilot, provided the pilot is FAA licensed and FS carded for the mission. Contract pilots shall have a current Federal Aviation Administration (FAA) Airline Transport Pilot (ATP) Rating for Multi-Engine Airplanes, experience in a DeHavilland DHC6 Twin Otter, and a valid FAA Class I or II Medical Certificate. Performance of mission assignments and availability shall be subject to the Pilot Flight and Duty Limitations established in the U.S. Forest Service Handbook 5709.16 which is incorporated into this contract by reference. In general, pilots are limited to 14 hours of duty and 8 hours of flight time in any 24 hour period. Pilots are required to have 10 hours of rest (off duty) in a 24 hour period. (b) Refresher Training and Check Rides. Prior to performance, the Contractor shall attend refresher training, at a professional simulator training facility (i.e. Flight Safety, SimCom, Simuflite) and complete an aircraft equipment check ride administered by an authorized Interagency Inspector Pilot in accordance with the Forest Service Handbook 5709.16. The Government will reimburse the Contractor for the following items related to Government ordered training and check rides: • Travel to perform check rides away from the designated base, if ordered by the Government. The Government will not pay the Contractor for time enroute to and from training. (c) Travel. All travel not provided directly by the Government will be reimbursed in accordance with the current Federal Travel Regulations. (d) Reimbursement of Necessary Items. The Government will reimburse Contractor for items necessary to perform missions that were purchased by Contractor. Purchase must be pre-approved by the Government and the price reasonable under the circumstances. Examples of this would be purchase of a phone card for use in performance of this contract, overcharges for a hotel stay if the only room available exceeded the FTR's, flight maps or atlases necessary to perform flights in area assigned, fuel at self-service distribution sites when the Government fleet card is not accepted, etc. Requests for reimbursable expenses are to be made on an invoice, with all supporting documentation attached. (e) Liability. Notwithstanding that the Government retains responsibility for overall operations; the Contractor shall use every precaution necessary to prevent damage to public and private property, and to persons, including third parties. The Contractor shall be responsible for all damage to property and to persons, including third parties, which occur as a result of the Contractor, or Contractor's agent or Contractor's employee's fault or negligence. The term "third parties" is construed to include employees of the Government. The Contractor may elect to be otherwise insured by a combination of primary and excess policies at their own expense. Such policies will not be considered in the evaluation." Required Experience and Qualifications A. Contract pilots shall have a current Federal Aviation Administration (FAA) Airline Transport Pilot (ATP) Rating for Multi-Engine Airplanes, Instrument Rating, and 100 hours experience in a the DeHavilland DHC6 Twin Otter, valid FAA Class I or II Medical Certificate. Contract Pilots must have 100 hours PIC time in fixed-wing airplanes during the preceding 12 months. Previous designation by the Government as Smokejumper Mission Captain is required. Desirable candidates will also possess, at least 50 hours Pilot-in-Command (PIC) experience in King Air B-200/C-90 aircraft. B. Pilot(s) under this contract must possess a current United States Department of State Passport. C. Experience: Contract pilots may be required to demonstrate their proficiency to a U.S. Forest Service Inspector/Standardization Pilot prior to being accepted. All Airplanes Minimum Experience Flying Hours Total Time 1500 Pilot-in-Command Total 1200 Pilot-in-Command Hours Category and class to be flown 200 Fixed-Wing preceding 12 months 100 Cross Country 500 Operations in low level Mountainous terrain 200 Night 100 Instrument - in flight 50 Instrument-actual/simulated 75 D. Currency: 1. Documented competency flight check (Equipment Check) in the type aircraft and configuration to be operated since the beginning of the twelfth month before the flight. 2. A written or oral test may be administered by an authorized agency Inspector/Standardization pilot for the type aircraft to be operated. 3. Documentation of successful completion of an Instrument Proficiency Check in accordance with14 CFR 61.57(d), or 14 CFR 135.297, within the preceding six months. Pilot Authority and Responsibilities A. The Pilot-In-Command (PIC) is responsible for the safety of the aircraft, loading and unloading of occupants and cargo. The pilot will comply with the directions of the Government, except when in the pilot's judgment compliance will be a violation of applicable federal or state regulations or contract provisions. The pilot has final authority to determine whether the flight can be accomplished safely and shall refuse any flight or landing which is considered hazardous or unsafe. B. The pilot is responsible for computing the weight and balance for all flights and for assuring that the gross weight and center of gravity do not exceed the aircraft's limitations. Pilots shall be responsible for the proper loading and securing of all cargo. C. Pilots who fly recklessly, do ineffective work, who are unable to adapt to field living conditions, who are unable to adapt flight operations, or whose general performance is unsatisfactory in the opinion of the Contracting Officer, shall be replaced by the Contractor. The Contractor will be notified in writing stating the conditions of unsatisfactory performance, and stating a time limit by which a replacement pilot must be obtained. If a satisfactory replacement pilot is not provided, the contract will be terminated. C- 4 Government-Furnished Property The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with provisions of FAR Clause 52.245-1 "Property Records" hereby incorporated by reference into the contract in accordance with FAR clause 52.252-2 "Clauses Incorporated by Reference" found herein. The Government will provide airplanes, fuel, and all necessary equipment for the operation of the airplanes. • Airplanes • Fuel • Manuals and Maps/Charts • Personal Protective Equipment (PPE) • Computer • Cell Phone • Government Identification Card • Letter of Authorization to operate government vehicles Equipment such as headsets, manuals, and Personal Protective Equipment (PPE) may be provided to the Contractor for use under this contract. C- 5 Items Incorporated by Reference The following documents or references are incorporated into this contract by reference with the same force and effect as if they were provided in full text. Upon request, the Contracting Officer will make them available in full text. Federal Travel Regulations available at http://www.gsa.gov Flight and Duty Limitations Forest Service Handbook 5709.16 Chapter 10 Forest Service Handbook 5709.16 Forest Service Manual 5700 CFR Title 14: Aeronautics and Space Part 61.167 Privileges C- 6 Period of Performance The contract period shall extend for one calendar year from the date of award. However, at the option of the Government, the contract may be renewed for additional one (1) year periods, not to exceed two (2) renewal periods. The renewal will be with the same terms and conditions, subject to the rates offered in the option years. Pilot availability will be required from approximately June 22, 2014 to September 30, 2014 at the USFS McCall Smokejumper Base, McCall Airport, located in McCall, ID. Refresher training, check rides, and additional assignments may be ordered anytime during the contract period. (1) Training that is mandated by the Government, including but not limited to refresher training and check rides shall be performed by the Contractor if ordered by the Contracting Officer during the contract period. (2) The Government is not required to order services in excess of the guaranteed minimum stated in Paragraph B- 2 herein. It is the Government's intent to order the minimum guarantee during the period of June 22 - September 30, 2014. Consequently, pilot services outside of this period shall be provided to the Government upon mutual agreement, with the exception of the training requirements specified in Paragraph F- 1(1) herein. Contractor signature on Resource Orders or affirmative acknowledgement of other communication (i.e. e-mail) constitutes Contractor acceptance of work ordered by the Government. In order to facilitate contract administration and the proper obligation of funding, the Contracting Officer may (a) issue Task Orders for work mutually agreed to under this paragraph, or (b) Modify the contract to add funding to pay for work ordered by Resource Order. C- 7 Ordering Procedure (a) The Contracting Officer or the Contracting Officer's designated representative(s) may issue Task Orders with the Contractor. Order(s) may be issued by mail, facsimile, electronic commerce, or orally and confirmed in writing. Task Orders will be considered as being "issued" at the time they are mailed, faxed, transmitted or verbally issued by the Contracting Officer or the CO's designated representative(s). If more than one method is used to place the order, the date of the earliest provable method will be the date of issue. (b) Each Task Order issued by the Government will include the following items. An email with the following items or a completed Resource Order may be used by the Government in lieu of a special Task Order form: Item 1. When to report for duty. 2. Where to report for duty. 3. Mission details 4. Financial Code (i.e. Job Code, P Number, Resource Order Number) C- 8 Measurement and Payment Contractor shall invoice the Government on a bi-weekly schedule approved by the CO. At a minimum, the invoice shall comply with FAR requirements for Contractor invoices. The Contractor shall provide supporting documentation with each invoice submitted. Supporting documentation includes, but is not limited to, receipts for travel, per diem, and/or training, Incident Resource Orders, etc. Basis of Payment Payment will be made for services received. Contractor will be reimbursed for travel expenses in accordance with the Federal Travel Regulations. Contractor shall include all expenses incurred on the invoice for the period in which the costs were incurred, and attach copies of itemized receipts to support the expenses. Contractor shall include expenses on the invoice, and attach copies of supporting documentation and receipts to support the expenses requested. Reimbursible items may be invoiced on bi-weekly invoice or separately. Supporting documentation shall be attached to the pertinent invoice. Travel expenses will be paid in accordance with the Federal Travel Regulations. C- 9 Obligation and Funding of Contract The Government will award this contract based on the sum of (a) the minimum guarantee identified in Paragraph B- 2 (AGAR 452.216-73 - Minimum and Maximum Contract Amounts) of this contract. The Government may also award/order additional quantities of work under this contract in accordance with the Indefinite Quantity/Indefinite Delivery clauses found in Section I herein. The contract will be obligated by the Government using an appropriate job code. However, payments will be made from funding provided from benefiting function (i.e. each fire assignment). As pilot services are performed and the Contractor submits invoices for payment with documentation showing which projects they flew missions for or incurred expenses for, the Government will substitute the appropriate P-codes for the program dollars and thereby draw down the program dollars accordingly. C- 10 Background Investigation and/or Security Clearance Upon award of the contract, the Contractor shall immediately submit a completed electronic Standard Form (SF) 85P and supporting documents to Gary Sinning of the U.S. Forest Service for all applicants operating under this contract. The following information will be required for each applicant to be reviewed: • Complete name (first, middle, last). • Date of birth. • Place of birth. • Social Security Number • Working contact telephone number. Contractors (a.k.a. "Applicants" for the purpose of background investigations) shall provide the required information to Mr. Gary Sinning at gsinning@fs.fed.us or by fax to (866) 377-7004. Mr. Sinning can be contacted at (505) 343-5550. Once the information is received, the applicant will be sent the information needed to access the secure on-line database system so that they can complete their SF-85P electronically. A paper version of the SF-85P will no longer be accepted by the Forest Service. Applicants can obtain information about this relatively new investigation process at http://www.usda.gov/pdsd/. Costs incurred by the Government associated with the background check will be deducted from the first payment for services for all applicants investigated. Costs to the Government are anticipated to be approximately $525.00 per applicant. Contractor applicants must receive a favorably adjudicated Minimum Background Investigation (MBI) in order to continue operating under this contract. Contract pilots may be permitted to operate aircraft while the initial background investigation is being conducted. If an applicant fails to meet this requirement, that applicant shall be removed from the contract and shall be replaced by the Contractor. If the Contractor is an owner/operator (no employees), the Contracting Officer will issue a no-cost termination. The Contractor shall provide all documentation required by the Government if the Government determines a background investigation and/or security clearance is required. C- 11 Approval of Subcontracting The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum: A. The name, address and telephone number of the subcontractor. B. The date upon which the subcontract was entered into and its duration C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate. D. Documentation of the subcontractor's representative authority. Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract. 52.212-4 Contract Terms and Conditions - Commercial Items. (SEP 2013) ADDENDUM TO FAR CLAUSE 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (INCORPORATED BY REFERENCE ON STANDARD FORM 1449) 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): http://www.acquisition.gov/far/ www.usda.gov/procurement/policy/agar.html 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) 52.204-13 System for Award Management Maintenance. (JUL 2013) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (MAY 2008) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013) 452.236-72 Use of Premises. (NOV 1996) 452.236-73 Archaeological or Historic Sites. (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996) 452.236-77 Emergency Response. (NOV 1996) 452.237-75 Restrictions Against Disclosure. (FEB 1988) 52.216-18 Ordering. (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from [ ]through [insert dates]. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of clause) 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 [one day of the contract expiration]. (End of clause) 52.217-9 Option to Extend the Term of the Contract. (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within [one day of the contract expiration]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least [5]days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed [3 years, 6 months]. (End of clause) 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS (a) This award is subject to the provisions contained in sections 433 and 434 of the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it - (1) does not have a tax delinquency, meaning that it is not subject to 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 (2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government. (b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434, amended and/or subsequently enacted. (End of Clause) (End of Addendum) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (JAN 2014) (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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). [ ] Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (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. [X](1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). [X](2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). [ ](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 (AUG 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). [ ](5) 52.204-11, American Recovery and Reinvestment Act--Reporting Requirements (JUL 2010) (Pub. L. 111-5). [X](6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). [ ](7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012) (41 U.S.C. 2313). [ ](8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). [ ](9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). [ ](10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [ ](11) (Reserved) [X](12)(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). [ ](13)(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. [X](14) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637 (d)(2) and (3)). [ ](15)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4). [ ](ii) Alternate I (OCT 2001) of 52.219-9. [ ](iii) Alternate II (OCT 2001) of 52.219-9. [ ](iv) Alternate III (JUL 2010) of 52.219-9. [ ](16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [X](17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). [ ](18) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)). [ ](19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323)(if the offeror elects to waive the adjustment, it shall so indicate in its offer.) [ ](ii) Alternate I (JUN 2003) of 52.219-23. [ ](20) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [ ](21) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [ ](22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [X](23) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2012) (15 U.S.C. 632(a)(2)). [ ](24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2012) (15 U.S.C. 637(m)). [ ](25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (APR 2012) (15 U.S.C. 637(m)). [X](26) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). [X](27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (MAR 2012) (E.O. 13126). [X](28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999). [X](29) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). [X](30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). [X](31) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793). [X](32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). [X](33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X](34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 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.) [X](35)(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.) [ ](36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). [ ](37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). [ ](ii) Alternate I (DEC 2007) of 52.223-16. [X](38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011). (E.O. 13513). [ ](39) 52.225-1, Buy American Act - Supplies (FEB 2009) (41 U.S.C. 10a-10d). [X](40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (NOV 2012) (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 (MAR 2012) of 52.225-3. [ ](iii) Alternate II (MAR 2012) of 52.225-3. [ ](iv) Alternate III (NOV 2012) of 52.225-3. [ ](41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X](42) 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). [ ](43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150). [ ](44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150). [ ](45) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [ ](46) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [X](47) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013). [ ](48) 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332). [ ](49) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332). [ ](50) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). [ ](51)(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.) [X](1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.). [X](2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [X](3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [ ](4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [ ](5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV 2007) (41 U.S.C. 351, et seq.). [ ](6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). [ ](7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). [ ](8) 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) 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 (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) (Reserved) (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793). (vii) 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. (viii) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JUL 2012). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 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) AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES 452.236-72 Use of Premises. (NOV 1996) 452.236-77 Emergency Response. (NOV 1996) 452.237-75 Restrictions Against Disclosure. (FEB 1988) List of Documents, Exhibits, and Other Attachments Attachment Number Attachment Title Date Number of Pages Cross Reference Materials Document Version 1 Wage Determination No 1995-022 01/30/2013 4 BASE 52.212-3 Offeror Representations and Certifications-Commercial Items. (NOV 2013) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision. (a) Definitions. As used in this provision - "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Inverted domestic corporation", as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874. "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Sensitive technology"-- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation. "Subsidiary" means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA 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 (o) 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 ORCA.) (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, for general statistical purposes, that it ___ is, ___ is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ___ is, ___ is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. (Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.) The offeror represents that- (i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. (Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.) The offeror represents that- (i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----------------.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ___ is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ____________________ (10) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.) (i) General. The offeror represents that either- (A) It ___ is, ___ is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It ___ has, ___ has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: _______________________ (11) 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)(11)(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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act-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 Act--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 Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-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 Act-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 Act-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) (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 Act - 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 Act - 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 Act - Free Trade Agreements - Israeli Trade Act": Canadian End Products: Line Item No. Country of Origin ____________ _________________ (List as necessary) (3) Buy American Act - 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 Act - Free Trade Agreements - Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ____________ _________________ (List as necessary) (4) Buy American Act-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 Act-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 Act. 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; and (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 $3,000 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. Sec. 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. Sec. 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. Sec. 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 Act. (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 Act 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 a central contractor registration 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) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that- (i) It is not an inverted domestic corporation; and (ii) It 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 $3,000 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. (End of provision) AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES 452.219-70 Size Standard and NAICS Code Information. (SEP 2001) The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below: Contract line item(s): [ALL] - NAICS Code [541990] - Size Standard [$14 Million] (End of provision) 52.212-1 Instructions to Offerors - Commercial Items. (JUL 2013) ADDENDUM TO FAR CLAUSE 52.212-1, Instructions to Offerors - Commercial Items (INCORPORATED BY REFERENCE ON STANDARD FORM 1449) 452.204-70 Inquiries. (FEB 1988) Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award. (End of provision) 52.212-1 Instructions to Offerors - Commercial Items. (JUL 2013) ADDENDUM TO FAR CLAUSE 52.212-1, Instructions to Offerors - Commercial Items (INCORPORATED BY REFERENCE ON STANDARD FORM 1449) 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): http://www.acquisition.gov/far/ www.usda.gov/procurement/policy/agar.html (End of provision) FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) PROVISIONS 52.204-7 System for Award Management. (JUL 2013) 52.216-27 Single or Multiple Awards. (OCT 1995) 52.212-2 Evaluation - Commercial Items. (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Technical / Non-Price Evaluation Factors. The three non-price factors listed here will be equally considered for the purposes of evaluation. An unacceptable rating by the Government for any of these factors will preclude contract award. (1) Safety. The Government will evaluate the Offeror's safety record. (2) Experience and Qualifications. The Government will evaluate the Offeror's experience and qualifications, including (a) the relevance of Offeror's experience; (b) the quantity of Offeror's experience; and (c) Offeror qualifications, including, but not limited to FAA licensing, medical certification, experience required in Forest Service Manual to perform work anticipated under contract, and qualifications specific to operating the DHC6 Twin Otter, B200/B90. (3) Past Performance. The Government will evaluate the Offeror's past performance on same or similar work and will consider information submitted by the Offeror, obtained from references or obtained by the Government from other sources that is relevant to the following elements: (a) Quality of Service; (b) Timeliness of Performance; (c) Customer Satisfaction/Working Relationships. In evaluating past performance, the Government will consider the currency and relevancy of the information provided or obtained, the context of the data and the general trends of Offeror's performance. In conformance with Federal Acquisition Regulations, Offerors that have no record of past performance will receive a neutral rating. *Note: Offerors may enhance their technical proposal by identifying strengths, personnel skills and knowledge, unique capabilities and value adding processes to a contract's services, and other attributes that the Government considers as discriminating factors. The Government may research offeror performance on any federal, state, local, and commercial contract performance of the offeror that is known to the Government, but not included on the submitted Performance Information. Additionally, personal experience and evaluator knowledge of offeror performance may be utilized. The Government will consider the relevance of past performance information obtained in relation to the scope of this procurement with respect to both a similar efforts, and the length and scope, number, complexity, and diversity of contracts completed by the firm. Past performance, either positive or negative, which is considered by the Government to be more closely related to the scope of this effort will be given additional weight in the evaluation process. Offerors with past performance data will be evaluated in the same manner as all other evaluation factors; however, those offerors with no past performance data will treated as an unknown performance risk and neither be evaluated favorably nor unfavorably. Therefore, offerors will receive credit for good past performance, lose credit for poor past performance, and neither receive nor lose credit for no relevant past performance. *A contractor would be highly rated under Relevant Past Performance if, in the last three years, the Contractor has completed in a timely manner, with a pay range of 95-100%, with high customer satisfaction/business relations in specific reforestation contracts. 4. Cost/Price Evaluation Criterion. The degree of importance of the price will increase with the degree of equality of the proposals in relation to the other factors on which selection is to be based, or when the price is so significantly high as to diminish the value of the technical superiority to the Government. Technical and past performance, when combined, are equal to price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) 52.216-1 Type of Contract. (APR 1984) The Government contemplates award of a [Blanket Purchasing Agreement] contract resulting from this solicitation. (End of provision) AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES 452.215-71 Instructions for the Preparation of Technical and Business Proposals. (SEP 1999). (a) General Instructions. Proposals submitted in response to this solicitation shall be furnished in the following format with the numbers of copies as specified below: (1) Proposals shall be submitted in two parts - a technical proposal and a price proposal. Each part shall be separate and complete in itself so that evaluation of one may be accomplished independently of the other. The price proposal shall be submitted with the solicitation forms, no breakdown of the unit price is required. The technical proposal must not contain reference to cost; however, resource information (such as data concerning labor hours and categories, materials, subcontracts, etc.) must be contained in the technical proposal so that the contractor's understanding of the statement of work may be evaluated. (2) Offerors are cautioned that sufficient and detailed information must be presented in their technical proposals to enable the Government to evaluate their proposals fully in accordance with the evaluation and award criteria contained herein. The Government is not obligated to ask for additional information and in the absence of appropriate information the proposal will be rated deficient. (3) The Government will evaluate proposals in accordance with FAR Clause 52.212-2 "Evaluation - Commercial Items (JAN 1999)" evaluation criteria as set forth herein. (4) Offerors shall submit their proposal(s) in the following format and the quantities specified: (i) 1 copy of the completed, signed offer (The solicitation package) (ii) 3 copies of the Technical Proposal/Documentation Resulting from the Government's Statement of Objectives (iii) In addition to a successful firm's response to the solicitation, responses to all Evaluation Factors excepting Relevant Past Performance will be incorporated into the resulting contract by reference at time of award and retain the full force and effect as all of the other contractual terms and conditions hold therein. (1) Technical / Non-Price Evaluation Factors (i) Safety: Offeror shall submit information relevant to their safety record for the last 3 years, and shall provide the Government with information regarding any accident they were ever involved in, in which they were Pilot-In-Command or Co-pilot of the aircraft which contributed to, or resulted in injury or death to any person. (ii) Experience and Qualifications: Offeror shall submit information relevant to their experience both in terms of relevance and quantity. Offeror shall demonstrate that they comply with all required FAA Licensing, medical certification, and experience required in Forest Service Manual to perform work anticipated under contract. Submit copy of current FAA License, Medical Certificate, documentation of minimum flying experince required by FSH 5709.16, Part 15.12, Exhibit 01. Offeror shall demonstrate that they are qualified to perform the required contract services on the following aircraft: Twin Otter DHC-6, and Beechcraft King Air B200/B90. (iii) Past Performance: Offeror shall demonstrate satisfactory performance of same or similar work on previous contracts. The offeror shall complete a list for all relevant projects completed during the past three years and all contracts and subcontracts in progress. The list should include, but is not limited to, contracts and subcontracts similar in nature and complexity to that required by this solicitation. Include contracts with the Federal Government, agencies of state, and local governments, and commercial customers. Offerors that are newly formed entities, without prior contracts as an entity, should list contracts and subcontracts completed by all personnel deemed vital to successful performance. Firms with no experience in the type of work described may show: similar type projects which demonstrate their ability to perform in a timely manner, experience, and past performance of their employees, or their work as a subcontractor. Include the following information for each contract/subcontract: A) Project name B) Contract number C) Location D) Year of completion, or anticipated completion date if in progress E) Contract administrator's name, phone and facsimile numbers F) Your crew supervisors and any inspectors who worked on the project G) Project size H) Quality of work performed I) Whether the contract was completed timely The offeror may provide information on problems encountered on the contracts and subcontracts listed and the corrective actions taken to resolve those problems. The Government may obtain information from existing contract files. Because discussions may not be held, the offeror may refute any problems in the original offer. Each offeror will be evaluated on their performance under existing and prior contracts of a similar nature. Performance information will be used as an evaluation factor against which offerors' relative rankings will be compared to assure best value to the Government. The Government will focus on information that demonstrates quality of performance relative to the size and complexity of the procurement under consideration. The Government may contact references beyond those identified by the offeror to obtain additional information for use in both the responsibility determination and in further evaluation of the offeror's past performance. Note: If the contractor does not provide past performance information, or indicate a lack of Past Performance with its offer, the Contracting Officer need not pursue further information if it is clear that the offeror's price is not competitive. The Office of Management and Budget (OMB) has authorized Federal agencies to collect past performance information under OMB clearance number 9000-0142. (2) Price. (i) Price Schedule. The Government will evaluate Offeror's prices submitted on the Schedule of Items found in Secition B. A firm's completion and submission of Blocks 19 through 24 of the subject solicitation's Standard Form 1449 (Page 1 & 2) and completing section B of this solicitation constitutes the fulfillment of the Government's price proposal requirements under this solicitation. (c) Award Statement. Award will be made to the offeror whose proposal represents the best value to the Government, technical and price factors considered. Evalution factors other than cost or price, when combined, are approximately equal to cost or price in the award decision. The critical factor in making any price/technical trade-offs is not the spreadbetween the technical ratings, but rather the significance of that difference. The significance of the difference in ratings will be determined on the basis of what that difference is and what it would cost the Government to take advantage of it. Award may not necessarily be made for technical capabilities that would appear to exceed those needed for fulfilling the requirements of this contract. The Government reserves the right to make price/technical trade-offs that are in the best interest and advantageous to the Government. The Government intends to evaluate proposals and award a contract without dicussions with Offerors. Proposals should be submitted initially on the most favorable terms, from a price and technical standpoint, which the Offeror can submit to the Government. However, the Government may, after evaluation of proposals, conduct further oral or written discussions as appropriate, with all offerors whose proposals are within a competitive range. DUNS Number ________________________ 452.215-72 Amendments to Proposals. (FEB 1988) Any changes to a proposal made by the offeror after its initial submittal shall be accomplished by replacement pages. Changes from the original page shall be indicated on the outside margin by vertical lines adjacent to the change. The offeror shall include the date of the amendment on the lower right corner of the changed pages. (End of Provision) 452.209-70 Representation by Corporations Regarding an Unpaid Delinquent Tax (a.) Awards made under this solicitation are subject to the provisions contained sections 433 and 434 in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation. (b) The Offeror represents that - (1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.) If the Offeror checked "is" above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked "is not" above, Offeror may leave the remainder of the representation blank. (2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer. (ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer. (3) The Offeror does [ ], does not [ ] (check one) have 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.
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Place of Performance: Address: USDA Forest Service INtermountain Region, United States
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