Aerial Broadleaf Herbicide Application
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
The solicitation number for this procurement is 140A0319Q0019 and is issued as a Request for Quote (RFQ). The Bureau of Indian Affairs (BIA), Southern Plain Regional Office intends to award a firm-fixed price contract in response to this Request for Quote (RFQ).
The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2019-02 dated May 6, 2019.
This solicitation is a Small Business set-aside. The associated North American Industry Classification System code (NAICS) is 115310, Support Activities for Forestry and the size standard is $7.5 Mil.
The Bureau of Indian Affairs (BIA), Southern Plains Regional Office, is soliciting offers for the aerial application of broadleaf herbicides.
Price Schedule:
13 projects located in Dewey County, Oklahoma (approximately 1,117 acres). The contractor's per acre price shall include the cost of the herbicide, herbicide adjuvants, labor, insurance, superintendence, tools, equipment all miscellaneous expenses and any other items necessary for completion of the tasks.
The contractor will NOT be reimbursed via a separate CLIN for the actual cost of herbicide applied to each spray block; herbicide costs shall be included in the per acre bid price.
Price: $________________________ per acre
Description of Services:
The Bureau of Indian Affairs Concho Agency requires the service of a contractor to provide broadleaf vegetation spray application of herbicide to an estimated 1,117 acres within the Dewey County area in Oklahoma. Herbicide application will only be conducted on the pasture acres. No cropland is to be treated. This is necessary to keep the federally listed weeds and undesirable plants from taking over the area after the Rhea fire on April 13, 2018 while also improving the native grass ecosystems within the fire scar area.
The contractor and all persons applying the herbicide shall have a valid Commercial Applicator License. The contractor shall be responsible for the transportation and storage of the supplies and equipment used for the project. The contractor shall be responsible for ensuring that the application of the herbicide meets all label specifications and is mixed according to the label directions. The contractor shall be responsible for cleanup of accidental spills, following proper handling and storage precautions, and ensuring proper exposure control and personal protection is provided as defined by the herbicide label and Material Safety and Data Sheets.
Accepted application method
The Agency will only accept aerial application by helicopter. With the use of helicopter, the agency can cut out the non-target areas of control and avoid herbicide overspray on no-targeted species. The helicopter application allows for a better spot-spray treatment approach. This will reduce the affected area to the specific grass fields within the project boundaries.
The contractor shall follow the label directions for aerial application, weather conditions and spray drift management to avoid off-target drift movement.
Spray strips shall be patterned in such a manner as to secure as high a uniformity of herbicide distribution as possible.
Contractor is responsible for identification and avoidance of any and all hazards.
The contractor shall comply with all Federal, State, Tribal and local regulations.
The projects are located in Dewey Co and the far northeast part of Custer Co in Oklahoma. See attachment A of the vicinity map and topographic map of each treatment area (there are 5 project maps).
The contractor shall be allowed to use the following herbicides: GrazonNext HL, Cimarron Max and or Cimarron Plus. All other variations and herbicides will not be accepted. Whichever herbicide is used, the contractor shall follow the recommended label application rate. This can be found on the label that is supplied with the chemical. The contractor shall list in the quote which herbicide will be used in the project.
Conditions:
If sensitive, endangered, or threatened species (plant or animal) are discovered within the treatment area the contractor shall immediately notify the COR. The Government may issue a suspend work and/or partially terminate any portion of the work due to discoveries of sensitive, threatened, endangered species or archeological sites during contract operations.
Herbicide shall not be applied within 150 feet of water sources (troughs, ponds, open water). Contractor is expected to apply the herbicide consistent with the maps.
Whenever a specification from an Agency, State or Federal law; or label direction has a contradiction, the most stringent interpretation shall take precedence.
All work shall be coordinated with Shane Glory, Project Manager/COR. It is highly recommended that prospective bidders schedule a site visit to discuss the proposed work, assess topography, hazards, project block acreage, vegetation and familiarize themselves with the jobsite. Mr. Shane Glory, BIA Soil Conservationist, can be contacted at (405) 323-0266 or by email at shane.glory@bia.gov.
Near the completion of the work, the contractor must contact the Project Manager for a site inspection before the contractor leaves the job site.
For additional technical information pertaining to the solicitation, please contact Tyler Burleson at (405) 898-7227/gregory.burleson@bia.gov or Robert Codopony at (405) 850-6772/robert.codopony@bia.gov.
Period of Performance: 5 August 2019 through 30 September 2019
Location: Dewey County, Oklahoma. See maps for exact locations.
PROVISION FAR 52.212-1 -- INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS, applies to this acquisition.
FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS
(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:
(i) Factor 1: Technical Capability
1. The offeror shall submit their technical approach and demonstrated experience/evidence of ability to successfully perform the services. Submit information on qualified key personnel and equipment that will be used on the projects. Also, provide the name of the herbicide and adjuvant that shall be used.
(ii) Factor 2: Past Performance
1. Past performance shall provide adequate information describing the offeror's previous experience in aerial application of herbicide services within the past three years from the issuance date of this RFQ. In addition, the Government may solicit past performance on contracts not listed by the offeror.
2. If an offeror does not have any past performance information to submit as the entity under which the offer is being submitted, then the offeror should submit past performance data identified above under which the offeror's key personnel have worked. The offeror's quote will be evaluated to determine the extent to which its past performance demonstrates the likelihood of successful performance. The evaluation will consider both the relevance and quality of past projects.
3. The Government may choose to evaluate publicly available reports, and/or data from the Past Performance Information Retrieval System (PPIRS). The Government may use present and/or past performance data obtained from a variety of sources. The information gathered for past performance may also be used in the responsibility determination.
4. An Offeror without relevant past performance will receive a neutral rating.
Technical and past performance, when combined, are equal to cost or 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).
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.
FAR 52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.
FAR 52.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEM
All terms and conditions identified under this FAR Clause are applicable to this Request for Quotation.
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS and FAR 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (DEVIATION), applies to this acquisition. The clauses cited within this clause as indicated below are applicable: 52.203-6, 52.203-19, 52.204-23, 52.209-6, 52.209-10, 52.222-3, 52.222-21, 52.222-26, 52.222-36, 52.222-41, 52.222-42, 52.222-50, 52.222-55, 52.222-62, 52.223-18, 52.225-13, 52.232-33, 52.233-3, 52.233-4 and 52.242-5.
FAR Clauses incorporated by reference: 52.204-7, 52.204-13, 52.204-16, 52.204-17, 52.204-18, 52.204-20, 52.217-8, 52.223-6, 52.226-1, 52.228-5, 52.229-3, 52.232-1, 52.232-17, 52.232-18, 52.232-25, 52.232-39, 52.237-1, 52.237-2, 52.242-17, 52.243-1 Alt. 1, 52.244-6, 52.246-4, 52.249-4, 52.249-8, 52.252-1 and 52.252-2.
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that-
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
DIAR 1452.201-70 Authorities and delegations.
As prescribed in section 1401.670-1, insert the following clause:
Authorities and Delegations (SEP 2011)
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the Contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
1452.228-70 Liability Insurance - Department of the Interior (JUL 1996)
(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:
$200,000 each person
$500,000 each occurrence
$20,000 property damage
(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.
1452.228-71 Aircraft and General Public Liability Insurance Department of the Interior (MAR 1989)
(a) The Contractor, at the Contractor's expense, agrees to maintain, during the continuance of this contract, aircraft liability and general public liability insurance with limits of liability for:
(1) Bodily injury to or death of aircraft passengers of not less than $75,000 for any one passenger and a limit for each occurrence in any one aircraft of at least an amount equal to the sum produced by multiplying $75,000 by 75 percent of the total number of passenger seats installed in the aircraft;
(2) Bodily injury to or death of persons (excluding passengers) of not less than $75,000 for any one person in any one occurrence and $300,000 for occurrence; and
(3) Property damage of not less than $100,000 for each occurrence; or
(4) a single limit of liability for each occurrence equal to or greater than the combined required minimums set forth in paragraphs (a)(1) through (3) of this clause.
(b) The Contractor also agrees to maintain worker's compensation and other legally required insurance with respect to the Contractor's own employees and agents.
1452.228-72 Liability for Loss or Damage-Department of the Interior (APR 1984)
(a) The Contractor shall indemnify and hold the Government harmless from any and all loss or damage to the aircraft furnished under this contract except as provided in paragraph (d) of this clause. For the purpose of fulfilling its obligation under this clause, the Contractor shall procure and maintain during the term of this contract, and any extensions thereof, full insurance acceptable to the Contracting Officer. The Contractor's insurance coverage shall apply to pilots furnished by the Government who operate the aircraft. The contractor may request a list of Government pilots by name and qualification who are potential pilots.
(b) Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a copy of the insurance policy or policies or a certificate of insurance issued by the underwriter(s) showing that the coverage required by this clause has been obtained.
(c) Each policy or certificate evidencing the insurance shall contain an endorsement which provides that the insurance company will notify the Contracting Officer 30 days prior to the effective date of any cancellation or termination of any policy or certificate or any modification of a policy or certificate which adversely affects the interests of the Government in such insurance. The notice shall be sent by registered mail and shall identify this contract, the name and address of the contracting office, the policy, and the insured.
(d) If the aircraft is damaged or destroyed while in the custody and control of the Government, the Government will reimburse the Contractor for the deductible stipulated in the insurance coverage (if any) as follows:
(1) In-Motion Accidents-Up to 5 percent of the current insured value of the aircraft stated in the policy, or $10,000, whichever is less.
(2) Not In-Motion Accidents-Up to $250 per accident. Such reimbursement shall not be made, however, for loss or damage to the aircraft resulting from:
(i) Normal wear and tear,
(ii) Negligence or fault in maintenance of the aircraft by the Contractor, or
(iii) A defect in construction of the aircraft or a component thereof.
(e) If damage to the aircraft is established to be the fault of the Government, rental payments to the Contractor during the repair period will be made as set forth elsewhere in this contract. The Government may, at its option, make necessary repairs or return the aircraft to the Contractor for repair. In the event the aircraft is lost, destroyed, or damaged so extensively as to be beyond repair, no rental payment will be made to the Contractor thereafter.
(f) Any failure to agree as to the responsibility of the Government or the Contractor under this clause shall, after a final finding and determination by the Contracting Officer, be considered a dispute within the meaning of the "Disputes" clause of this contract.
Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
* A copy of the contractor's official company invoice
The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
OMB MEMORANDUM M-11-32 Accelerating Payments to Small Businesses for Goods and Services
This policy requires agencies to accelerate payment to small business prime contractors to the full extent permitted by law with the goal of making payment within 15 days of receipt of a proper invoice. In return, prime contractors are expected to accelerate payment to small business subcontractors when they receive accelerated payments from the Government.
All questions shall be submitted via email to Margie M. Tahdooahnippah at margie.tahdooahnippah@bia.gov. NO PHONES CALLS PLEASE. Please reference solicitation number 140A0319Q0019 in the subject line of the email. All questions shall be submitted by 16 July 2019. Quotes are due on Friday, 26 July 2019 at 5:00 pm (CDT). Quotes may be sent via email to Margie.tahdooahnippah@bia.gov. Quotes shall be good for 45 calendar days after close of RFQ.
QUOTE SUBMISSION INFORMATION: Quote submissions must include the following items:
1.) Sections 17a, 23, 24, 30a, 30b, and 30c completed per the attached SF 1449 document (include DUNS number) and amendments (if applicable).
2.) Summary of technical capability in accordance with 52.212-2(a)(i)(1).
3.) Pricing schedule
4.) Past performance contact information for minimum of three references for which work was conducted which was similar in scope, magnitude and complexity to the requirements described in this solicitation:
i. Company Name
ii. Company Address
iii. Company Point of Contact Name
iv. Contact Phone Number and E-mail Address
v. Description of Services/Price
vi. Period of Performance
vii. If applicable, explanation of any problems or delays encountered.
5.) Indian Owned Economic Enterprise Representation form
Offerors should check the FedBizOpps/FedConnect websites often for any solicitation amendments.
This solicitation requires the appropriate NAICS code and registration with the System for Award Management (SAM) in order to be considered for award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. Registration must be "ACTIVE" at the time of award.
Tahdooahnippah, Margie
