This is a service / maintenance or supply contract in Mars Hill, North Carolina. Contact the soliciting agency for additional information.

Contract Award Date: May 31, 2022 Contract Award Number: 12444122A0003 Task/Delivery Order Number: Contractor Awarded Unique Entity ID: Contractor Awarded Name: Red Leaf Forestry Inc Contractor Awarded Address: Hot Springs National Park, AR 71913-5063 USA Base and All Options Value (Total Contract Value): $10000000.00 This a Multiple Award Blanket Purchase Agreement (BPA) thus additional awardees are listed below: NOTE: The award amount is $10+Mil for a cumulative total for all seventeen awardees: 12444122A0013 Appalachian Land Stewards (H9JZUJJS3MN6) 7435 Bat Cave Rd Old Fort, NC 28762 12444122A0014 B. H. Graning Landscapes, Inc. (MFFGD436B787) 64 Bella Road Sylva, NC 28779-5872 12444122A0015 Smith, Bonnie C (CU51BRVKF7N3) P.O. Box 893 Grifton, NC 28530-0893 12444122A0016 Cherry, James (YSZ6A8HF5PN7) 4705 NC Highway 55 W Cove City, NC 28523 12444122A0017 Eastern Forest Consultants LLC (VNUEWWS28CQ5) PO Box 1577 Clemmons, NC 27012 12444122A0019 Eli Beverly and Associates, LLC (EM28SGMJ6NC9) 24006 Indian Mound Road Ext Albemarle, NC 28001-6815 12444122A0020 Express Forestry Service, LLC (FGPAL4Y7TWY6) 203 Express Lane Leslie, AR 72645-9504 12444122A0021 Extreme Land Services, LLC (ZM4UML9Q25VU4) 130 Cardinal Glen Ln Osteen, FL 32764 12444122A0022 Garcia Forest Service, L.L.C. (QQMXBPH5JKP2) PO Box 789 Rockingham, NC 28380-0789 12444122A0023 High Lonesome Timber LLC (NPTMPSMEY6B5) 587 Hat Creek Trail Burnsville, NC 28714 12444122A0024 Marshfield Forest Service, Inc (LKSHTX63UJK9) 725 Shiloh Rd. Saluda, SC 29138 12444122A0025 SHABA Contracting (VVFSALLMLSK9) 1477 Long Creek Rd. Robbinsville, NC 28771-9801 Congressional District: NC 11th District 12444122A0026 Sierra J7 Forestry Services LLC (ZCRDLN1VYD77) 2107 Timberwood Ln Russellville, AR 72802 12444122A0027 Skylight Forestry, Inc. (FLWKSVAY1X26) 737 Cortlandt St Houston, TX 77007 12444122A0028 Tom Lodge (VM6WNG6BDMB5) 794 Patton Thicket Rd. Burnsville, NC 28714-6695 12444122A0029 Wildwood Consulting PLLC (ZG7BPJY68HT8) 398 Old Haw Creek Rd. Asheville, NC 28805-1452 (i) 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; proposals are being requested and a written solicitation will not be issued. (ii) This solicitation is issued as a Request for Proposal (RFP) under solicitation number 12444122R0007. (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-04. (iv) This procurement is set aside Total Small Business Set-Aside. The NAICS code is 115310 Support Activities for Forestry and the Small Business Size Standard is $8.00 Mil. The PSC code is F099 - NATURAL RESOURCES/CONSERVATION- OTHER (v) Schedule of Items/Price Schedule Pricing for this BPA will be provided at the BPA Call level competitively among BPA holders who have indicated interest in that particular area indicated within this solicitation, therefore a Schedule of Items is not applicable. (vi) Description of Requirement (including a list of any attachments) See Attachment 1, Statement of Work (SOW). (vii) Location of Performance: Appalachian Ranger District, Pisgah NF Grandfather Ranger District, Pisgah NF 632 Manor Road 109 Lawing Drive Mars Hill, NC 28754 Nebo, NC 28761 Pisgah Ranger District, Pisgah NF Cheoah Ranger District, Nantahala NF 1600 Pisgah Highway 1070 Massey Branch Road Pisgah Forest, NC 28768 Robbinsville, NC 28771 Nantahala Ranger District, Nantahala NF Tusquitee Ranger District, Nantahala NF 90 Sloan Road 123 Woodland Drive Franklin, NC 28734 Murphy, NC 28906 Croatan Ranger District, Croatan NF Uwharrie Ranger District, Uwharrie NF 141 E. Fisher Avenue 789 Biscoe Rd. New Bern, NC 28560 Troy, NC 27371 Any Contractors unable to cover all of NC or do all the work listed: Respondents shall submit locations and specific tasks that their company can cover with their proposal (complete Attachment 4, Contractor Information). Being unable to cover all of NC or perform all work will not preclude you from being a potential awardee for this BPA. Additional Information: The Solicitation due date is 3 May 2022 via e-mail tina.pettyjohn@usda.gov The Government reserves the right to award additional BPAs from this solicitation for the duration of the BPA. All supplies used for this BPA will be in accordance with the Sustainable Acquisition Policy (FAR 23.1) and Environmentally Preferable Products and Services (FAR 23.7). Invoices are to be submitted to www.ipp.gov. Do NOT supply banking information with your proposal. All banking information is updated in SAM by you or your company's representative. This is a turnkey project; there are no incumbents. However, historically, the National Forests in North Carolina in the past 3 years has awarded 57 projects valued at over $2.4M. The following is a breakout of this projects; 25 under $25,000, 27 between $25,000 - $100,000 and 3 between $100,000 - $233,000. This is for informational purposed only. IF CONTRACTORS WISH TO VISIT THE SITES, THEY CAN CONTACT THE POINTS OF CONTACT LISTED ON THE SCHEDULE OF ITEMS FOR THE ATTACHED SEED PROJECT ONLY. CONTRACTORS MUST SUBMIT THE FOLLOWING DOCUMENTS (proposals may be deemed unresponsive if these documents are not provided at the time proposals are due): 1) Solicitation 12444122R0007 (Sign/date Page 1) 2) Attachment 4 Contractor Information 3) Attachment 5 Relevant Experience Past Performance Questionnaire 4) Attachment 6 Technical Capability Statement 5) Attachment 7 FAR Clauses That Require a Response: 52.204-24, 52.209-7, 52.212-3 & 52.222-22 6) Attachment 8 Seed Project #1 251 Acres of Timber Stand Improvement Activities and 53.5 Acres of Tree Planting on the Cheoah Ranger District, Graham County, NC (Return Page 19 Schedule of Items) CONTRACTORS MUST SUBMIT PRICING ON THIS SEED PROJECT IF THIS IS A SELECTED AREA OF INTEREST NOTE: Attachment 7, FAR Clauses That Requires a Response; H2B Workers Certification is required if you intend to utilize H2B Workers or not. Please complete and return with your proposal. Additionally, the H2B Program falls under the jurisdiction of the Department of Labor. Any questions concerning the H2B Program should be directed to DOL, Tanya Williams, SE Region Immigration Coordinator, SUDOL/Wage & Hour Division, her telephone number is (678)237-0548. (viii) 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (NOV 2021) (Provision) Addenda to provision 52.212-1: Addenda to paragraph (b) Submission of Offers: 1) Offers submitted in response to this solicitation shall include a technical proposal, past performance and contractor representations and certifications. a) Technical Proposal - The technical proposal shall address the evaluation factors in 52.212-2. At a minimum technical proposal shall include: i) Past Performance - Complete Attachment 3 Relevant Experience Past Performance Questionnaire. In the event that there is no past performance information available, the offeror will receive a neutral rating in this factor. ii) Technical Capability - Completed Attachment 4 Technical Capability Statement by providing a list of equipment and key personnel (with qualifications) that will be used to complete this project. b) Price Proposal - Pricing for this BPA will be provided at the BPA Call level competitively among BPA holders who have indicated interest in that particular area indicated within this solicitation, therefore a Price Proposal is not applicable. c) Representations and Certifications - Fill in the check boxes for provisions 52.204-24, 52.209-7, 52.212-3, and Employment of Eligible Workers-Workforce Certification found in Section F of this solicitation and include a copy with your offer. 2) Submit offer by email to tina.pettyjohn@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Technical Proposal; Past Performance (Attachment 3), Technical Capability (Attachment 4), and Representations and Certifications) in Microsoft Word or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of their offer. 3) Address questions about this solicitation to Tina Pettyjohn at tina.pettyjohn@usda.gov. (ix) 52.212-2 Evaluation - Commercial Products and Commercial Services (NOV 2021) (Provision) (a) The Government will award multiple contracts resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, all factors considered. The following factors shall be used to evaluate offers: Technical Capability Relevant Experience/Past Performance Technical and past performance, when combined, are significantly more important that cost. (x) 52.212-3 Offeror Representations and Certifications - Commercial Products and Commercial Services (NOV 2021) (DEVIATION JUL 2020) (Provision) (xi) 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (NOV 2021) Addenda to 52.212-4: Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION 2017-1 (AUG 2017): (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity. (xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services (JAN 2022) (DEVIATION JUL 2020) (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 products and commercial services: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)). (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, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (Nov 2021) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91). (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246). (viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793). (x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212). (xi) 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. (xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627). (B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627). (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xvi) 52.222-54, Employment Eligibility Verification (Nov 2021) (E.O. 12989). (xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022). (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). (xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations. (xiii) Additional Requirements/Terms and Conditions: Clauses: 52.203-3 Gratuities (APR 1984) 52.203-16 Preventing Personal Conflicts of Interest (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020) 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 (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) (a) Definitions. As used in this clause- "Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information. "Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments. "Information" means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009). "Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). "Safeguarding" means measures or controls that are prescribed to protect information systems. (b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls: (i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems). (ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute. (iii) Verify and control/limit connections to and use of external information systems. (iv) Control information posted or processed on publicly accessible information systems. (v) Identify information system users, processes acting on behalf of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse. (viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems. (xiv) Update malicious code protection mechanisms when new releases are available. (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system. 52.216-18 Ordering (AUG 2020) (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 for a 5-Year Ordering Period. (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)A delivery order or task order is considered "issued" when-- (1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail; (2) If sent by fax, the Government transmits the order to the Contractor's fax number; or (3) If sent electronically, the Government either-- (i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or (ii) Distributes the delivery order or task order via email to the Contractor's email address. (d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract. 52.216-19 Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor-- (1) Any order for a single item in excess of $250,000.000; (2) Any order for a combination of items in excess of $1,000,000.00 or (3) A series of orders from the same ordering office within 3 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. 52.216-32 Task-Order and Delivery-Order Ombudsman (Sep 2019) (a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract. Chief, Procurement and Policy Branch Alfort Belin - Alfort.belin@usda.gov 707-562-9107 (b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests). (c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure. 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 1 day. CONTRACT ADMINISTRATION REQUIREMENTS 1. The Contracting Officer will issue the Contracting Officer Representative (COR) Designation Letter for this BPA at the time of the Call. This COR Designation Letter shall apply to all orders issued under each individual Call. 2. The COR will be the day-to-day contact for matters pertaining to the awarded contract (BPA Call). ORDERING PROCEDURES 1. The CO will issue a written Request for Proposal that may include: a. Schedule of Items b. Statement of Work (Specific Per BPA Call) c. The Period of Performance d. Map and/or coordinates of work 2. The Contractors will be provided a number of days to review the package and submit pricing. The Government is not obligated to accept prices and may resolicit the requirement outside this BPA. See Attachment 3 Intent of this BPA for additional Ordering Procedures The following Attachments will be provided per BPA Call: 1. ATTACHMENT 1 - Contract Specification of Worked Covered in this BPA Call 2. ATTACHMENT 2 - Schedule of Items (SOI) 3. ATTACHMENT 3 - Maps for Work to be completed in this BPA Call 4. ATTACHMENT 4 - Chemical Spill plan to be completed in this BPA Call (if applicable) CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS 1) Attachment 1, Attachment 1 SOW Vegetation Management Service (VMS) NC BPA 2) Attachment 2 NC Statewide 2001-0233 Rev 44 (12-27-2021) 3) Attachment 3 Intent of This BPA 4) Attachment 4 Contractor Information 5) Attachment 5 Relevant Experience Past Performance Questionnaire 6) Attachment 6 Technical Capability Statement 7) Attachment 7 FAR Clauses That Require a Response: 52.204-24, 52.209-7, 52.212-3 & 52.222-22 8) Attachment 8 Seed Project #1 251 Acres of Timber Stand Improvement Activities and 53.5 Acres of Tree Planting on the Cheoah Ranger District, Graham County, NC 52.232-18 Availability of Funds (APR 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 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): Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at: https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm 452.204-70 Modification for Contract Closeout (OCT 2021) Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13: (a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment. (b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment. 452.222-70 Labor Law Violations (OCT 2021) In accepting this contract award, the contractor certifies that it is in compliance with all applicable labor laws and that, to the best of its knowledge, its subcontractors of any tier, and suppliers, are also in compliance with all applicable labor laws. The Department of Agriculture will vigorously pursue corrective action against the contractor and/or any tier subcontractor (or supplier) in the event of a violation of labor law(s) made in the provision of supplies and/or services under this or any other government contract. The contractor is responsible for promptly reporting to the contracting officer if and when adjudicated evidence of noncompliance occurs. The Department of Agriculture considers certification under this clause to be a certification for purposes of the False Claims Act. The Department will cooperate as appropriate regarding labor laws applicable to the contract which are enforced by other agencies. Applicable Labor Laws include: (a) the Fair Labor Standards Act; (b) the Occupational Safety and Health Act; (c) the Migrant and Seasonal Agricultural Workers Protection Act; (d) the National Labor Relations Act; (e) the Davis-Bacon Act; (f) the Service Contract Act; (g) Executive Order 11246 (Equal Employment Opportunity); (h) Section 503 of the Rehabilitation Act of 1973; (i) the Vietnam Era Veterans' Readjustment Assistance Act; (j) the Family and Medical Leave Act; (k) Title VII of the Civil Rights Act of 1964; (l) the Americans with Disabilities Act of 1990; (m)the Age Discrimination in Employment Act of 1967; (n) Executive Order 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors); (o) equivalent state laws, as defined by the Secretary of Labor in guidance. (p) Executive Order 13627 (Strengthening Protections Against Trafficking in Persons in Federal Contracts) The contractor and any subcontractors shall incorporate into lower tier subcontracts a requirement that the information described above be provided to the contractor. 452.222-71 Past Performance Labor Law Violations (OCT 2021) In submitting this offer, the offeror (prospective contractor) certifies to the best of the offeror's knowledge and belief, that they, and any subcontractor at any tier, are in compliance with all previously required corrective actions for adjudicated labor law violations (see applicable labor laws in 452.222.70). Prior to receiving an award, a contractor shall provide a list of the specific violations of the legal requirements listed above, if any, and be given an opportunity to disclose any steps taken to correct the violations of, or improve compliance with, such legal requirements. The contracting officer in coordination with their Mission Area senior contracting official will consider any information provided and determine whether a contractor is a responsible source that has a satisfactory record of integrity and business ethics. The contracting officer shall ensure that contractors update the information provided every 6 months and that they require their subcontractors to update them on the aforementioned information every 6 months. The contractor and any subcontractors shall incorporate into lower tier subcontracts a requirement that the information described above be provided to the contractor. Period of Performance The period of performance of this contract is from date of award through 5-Years. Post Award Conference A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at TBD. BPA Calls - Request for Quote (RFQ) Procedures a) A (BPA) Call a contractual instrument issued by an authorized and warranted government Contracting Officer to order work for the government. b) As the need exists for performance under the terms of this BPA any warranted Forest Service Contracting Officer may solicit quotes and issues calls against this BPA. c) Additional specifications may be provided with each RFQ. d) RFQs will be transmitted primarily via e-mail. e) RFQs may include evaluation criteria; All RFQs shall specify the method for award determination and indicate the required response documentation. f) Upon the receipt of an RFQ from the Government, the Contractor shall respond as specified. g) Multiple Award BPA holders will receive fair opportunity to be considered for each RFQ unless one of the exceptions in FAR Subpart 16.505(b)(2) applies. Provisions: 52.204-7 System for Award Management (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.207-6 Solicitations and Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple Award Contracts) (OCT 2016) 52.216-27 Single or Multiple Award (OCT 1995) 52.216-28 Multiple Awards for Advisory and Assistance Services (OCT 1995) 52.219-31 Notice of Small Business Reserve (MAR 2020) 52.223-1 Biobased Product Certification (MAY 2012) 52.223-4 Recovered Material Certification (MAY 2008) 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): Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to provisions may be viewed at: https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm 52.252-5 Authorized Deviations in Provisions (NOV 2020) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Agriculture Acquisition Regulation (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. Either party (Government or Awardee) may terminate this agreement at any time. A 30-day notice must be provided in writing to terminate this agreement. AGAR 452.204-70 Inquiries (FEB 1988) PRE-BID SITE VISIT: No site visit is scheduled for this solicitation for BPAs. Contractors are encouraged to visit the site prior to submitting a proposal at the BPA Call level. The Government reserves the right to award additional BPAs from this solicitation for the duration of the BPA term. During the 5-year period of the contract, the Contracting Officer may determine a need to reduce or augment the original pool of awarded contracts for a variety of reasons. Off-Boarding: Contractors with performance issues or unrealistic pricing will be terminate with a 30-day notice from the Government at any time during the contract period. On-Boarding: The Government reserves the right to solicit for a limited number of additional contractors to be included in this multiple-award contract at any time. The solicitation, term and conditions, and source selection procedures will be the same as under this original solicitation. Any new awardees will compete with the existing or remaining contractors for all subsequent BPA Calls. The period of performance for the new awardees will not exceed the overall maximum term of the original BPA. SOLICITATION PROVISIONS EVALUATION FACTORS FOR AWARD FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) 52.212-2 Evaluation--Commercial Items. (OCT 2014) (a) The Government will award multiple Blanket Purchase Agreements resulting from this solicitation. The Government will award to the responsible offeror for each Call 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: Relative Experience/ Past performance Technical Capability Price Reasonableness (At the BPA Call level) Technical capability is the only deciding factor to establish Blanket Purchase Agreements. Technical capability and Price Reasonableness will be factors considered for each Call. For each Call, technical and past performance, when combined, are significantly more important that cost. TECHNICAL CAPABILITY Technical capability will be determined by the information provided on the Experience Questionnaire, any other technical information provided by the contractor for projects similar in scope and delivery, and any past performance evaluations available. TECHNICAL ACCEPTABILITY Offerors shall provide a list of all contracts, Letters of Agreement, or similar documentation that prove these types of supplies have been supplied that are similar in size and scope during the past three years utilizing the Experience Questionnaire. The list should not exceed more than five (5) contracts for either Government or private sector. The following sub factors will be used in the evaluation of the technical proposals listed below in descending order of relative importance. 1) Relevant Experience - lack of relative experience listed will be considered no experience 2) Past Performance As part of the evaluation process, the Government will assess each offeror's past performance. The offeror shall present factual material dealing with contracts performed for other Government agencies or with private sector businesses for which the same or similar supplies were provided. Information requested includes successful execution of contracts. The Government will use information provided by the offerors and information obtained from other sources in the development of the performance confidence assessments. The offerors shall submit the Experience Questionnaire, which will be utilized to address past performance requirements. Additional information may be submitted to supplement this form as necessary. Offerors need to ensure all necessary past performance information is included to address: 1) Contract Performance for projects of the same and size scope 2) Quality of Service/Control 3) Timeliness of Service The basis for award for each Call will be an integrated assessment based on tradeoff between technical capability and price reasonableness. The Government will award the Call to the offeror(s) who represents the Best Value to the Government in terms of technical capability, availability at the time of the Call, delivery and price reasonableness. OVERALL TECHNICAL PROPOSAL Technical Proposals will receive the following rating for the factors indicated. The following should be used as a guide in determining the rating of each factor and the overall evaluation of each technical proposal. EXCEPTIONAL (E) The proposal exceeds the requirements of the RFP and provides an exceptional or outstanding approach that fully satisfies the Government's requirements. A complete understanding of the solicitation is demonstrated. Selection for a contract can be made without further exchange with the contractor. ACCEPTABLE (A) The proposal fully satisfies the requirements of the RFP and demonstrates a good understanding of the solicitation. The offeror has adequately addressed all of the technical elements requested by the RFP. Selection for a contractor could potentially be made without further exchange with the contractor. MARGINAL (M) The proposal does not fully meet the requirements of the RFP. Weaknesses are identified which would indicate an insufficient understanding of the RFQ requirements. With minor revisions or clarifications, the proposal has a reasonable chance of becoming technically acceptable. UNACCEPTABLE (U) The proposal fails to satisfy requirements of the RFP and the approach contains an unacceptable level of risk to the Government. Major deficiencies have been identified in the proposal which are either not correctable or would require major revision/rewrite to the proposal, without which the proposal doesn't have a reasonable chance of becoming technically acceptable. TECHNICAL EVALUATION FACTORS PAST PERFORMANCE: A number of past performance references provided by offerors may be selected and confirmed by the Government. Any derogatory past performance information obtained will be presented to the affected offeror and that offeror will have an opportunity to respond with any mitigating facts. The final determination of past performance ratings shall rest with the Contracting Officer. Past performance shall be evaluated on the basis of the following sub-factors of equal importance: 1) Contract Performance for projects of the same and size scope 2) Quality of Service/Control 3) Timeliness of Delivery RATINGS/DEFINITIONS: EXCEPTIONAL (E) Based on the Offeror's performance record, essentially no doubt exists that the offeror will successfully perform the required effort. ACCEPTABLE (A) Evaluation: Based on the offeror's performance record, some doubt exists that the offeror will successfully perform the required effort. MARGINAL (M) Based on the offeror's performance record, substantial doubt exists that the offeror will successfully perform the required effort. Changes to the offeror's existing processes may be necessary in order to achieve contract requirements. UNACCEPTABLE (U) Based on the offeror's performance record, extreme doubt exists that the offeror will successfully perform the required effort. NO RATING No relevant past performance is available for evaluation. The offeror has asserted that it has no relevant past performance directly related or similar past performance experience. Proposal receives no merit or demerit for this factor. RELEVANT EXPERIENCE: Relevant experience is defined as experience in performing services as the same or similar to those in the Statement of Work contained in this solicitation. RATINGS/DEFINITIONS EXCEPTIONAL (E) The information supplied by the Offeror/References reflects a thorough understanding of the project and level of coordination required for work of this nature in and around ongoing office operations. The offeror has demonstrated strong relationships other Government and/or Private Sector customers. The references report effectiveness in managing projects, including identification and prevention of deficiencies. ACCEPTABLE (A) The information supplied by the Offeror/References reflects a good understanding of the project and level of coordination required for work of this nature in and around ongoing office operations. The offeror has demonstrated strong relationships other Government and/or Private Sector customers. The references report effectiveness in managing projects, including identification and prevention of deficiencies. MARGINAL (M) The information supplied by the Offeror/References reflect little understanding of the project and level of coordination required for work of this nature in and around ongoing office operations. The offeror has l demonstrated weak relationships other Government and/or Private Sector customers. The references report ineffectiveness in managing projects, identification and preventing deficiencies. UNACCEPTABLE (U) The information supplied by the Offeror/References reflects poor understanding of the project and level of coordination required for work of this nature. The offeror does not demonstrated strong relationships other Government and/or Private Sector customers. The references report risk to the government and would require major revisions to become technically acceptable. Insufficient information was provided by the Offeror. NO RATING No experience is available for evaluation. Proposal receives no merit or demerit for this factor. PRICE EVALUATION FACTOR FOR EACH BPA CALL Price Reasonableness will be determined by the SF-1449 and the Schedule of Items The price proposals will be evaluated for completeness and reasonableness. The proposal will be evaluated to ensure it covers all requirements of the specifications includes all pricing information required by the Call are completed as required. Plus, the price proposal will be evaluated for reasonableness. Moreover, prices are reasonable in comparison to estimates; prior prices paid, competition, and can be supported by suitable estimating techniques. The award of each individual BPA Call will be based on the Lowest Price Technically Acceptable (LPTA) or Best Value. AWARD WITHOUT DISCUSSIONS. The Contracting Officer will only clarify the offerors' information; no discussions are contemplated in accordance with FAR 15.306. Offerors may be given the opportunity to clarify relevance or adverse past performance to which the offeror has not previously had an opportunity to respond. Clarifications are limited exchanges between the Government and offerors that may occur when award without discussions is contemplated. If discussions are determined to be necessary the procedures described in FAR 15.306 will be used.