1. 12363N25Q4191 Elk Creek BPA Call Order.pdf

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Elk Creek IRSC RMRP Stewardship Call Order
Solicitation number
12363N25Q4191
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This is a solicitation for commercial services (RFQ) issued by the USDA Forest Service for the Elk Creek Integrated Resource Service Contract (IRSC), a stewardship contracting opportunity on the Black Hills National Forest in South Dakota. The solicitation seeks contractors to perform forest health and fuels reduction work across four project areas (Atlantis, Diamond, Jade, and Pearl) totaling approximately 18,988 acres. The work includes mandatory activities such as commercial timber harvesting (approximately 31,181 CCF of timber products), steep slope logging operations, road reconstruction, and optional noxious weed treatments. Timber removal involves both ground-based operations and designated steep slope logging using winch assist methods, with road reconstruction requirements estimated between $250,000-$500,000 total across all project areas.

Offers are due September 8, 2025 at 10:00 AM, with an award effective date of August 7, 2025, and varying completion dates ranging from June 30, 2029 to September 30, 2030 depending on the project area. This procurement is unrestricted but encourages small business participation, with NAICS code 115310 and a size standard of $34 million. The contract will be awarded using stewardship contracting authority, allowing payment through both appropriated funds and stewardship credits. Evaluation will be based on technical approach (most important), past performance, and local community benefit, with these technical factors combined being approximately equal to cost/price. Contractors must submit separate technical and price proposals, with large businesses required to include a small business subcontracting plan. Performance and payment bonds are required for construction work exceeding $150,000, and a 20% bid guarantee is required for reconstruction activities.

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Other files

File Type Posted
A001 12363N25Q4191.pdf PDF
7d. A001 Elk Creek IRSC LPM-Pearl_INFORMATIONAL ONLY.pdf PDF
7b. Elk Creek IRSC LPM-Diamond_INFORMATIONAL ONLY.pdf PDF
5a. Elk Creek IRSC Appendix D-Atlantis.pdf PDF
5d. Elk Creek IRSC Appendix D-Pearl.pdf PDF
8d. Cruise Summary-Pearl_INFORMATIONAL ONLY.pdf PDF
10. SD SCA-WD 1979-1157 v73 8Jul2025.pdf PDF
6c. Elk Creek IRSC CAM-Jade.pdf PDF
11. DB WR SD20240032.pdf PDF
6d. Elk Creek IRSC CAM-Pearl.pdf PDF
4a. Elk Creek IRSC_Appendix C-Atlantis.pdf PDF
4b. Elk Creek IRSC Appendix C-Diamond.pdf PDF
7d. Elk Creek IRSC LPM-Pearl_INFORMATIONAL ONLY.pdf PDF
7a. Elk Creek IRSC LPM-Atlantis_INFORMATIONAL ONLY.pdf PDF
2. Elk Creek IRSC Appendix A.pdf PDF
4e. Elk Creek IRSC Traffic Control Plan.pdf PDF
7c. Elk Creek IRSC LPM-Jade_INFORMATIONAL ONLY.pdf PDF
6b. Elk Creek IRSC CAM-Diamond.pdf PDF
9. Elk Creek IRSC Fire Plan.pdf PDF
4c. Elk Creek IRSC Appendix C-Jade.pdf PDF
8b. Cruise Summary-Diamond_INFORMATIONAL ONLY.pdf PDF
3. Elk Creek IRSC Appendix B.pdf PDF
6a. Elk Creek IRSC CAM-Atlantis.pdf PDF
4d. Elk Creek IRSC Appendix C-Pearl.pdf PDF
5c. Elk Creek IRSC Appendix D-Jade.pdf PDF
8a. Cruise Summary-Atlantis_INFORMATIONAL ONLY.pdf PDF
8c. Cruise Summary-Jade_INFORMATIONAL ONLY.pdf PDF
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AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.21

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 45

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICIATION ISSUE DATE

12363N25Q4191 8/7/2025

7. FOR SOLICITATION INFORMATION

CALL:

EMAIL CONTACT PREFERRED

a. NAME b. TELEPHONE NUMBER 8. OFFER DUE DATE/ LOCAL TIME

Keith Brugger 307-321-3901 9/8/2025 10:00 AM

9. ISSUED BY CODE 363N 10. THIS ACQUISITON IS UNRESTRICTED OR SET ASIDE % FOR:

USDA Forest Service Procurement and Property Services National Stewardship Contracting Branch 1400 Independence Ave. SW, MS-1138 Washington DC 20250-1138

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMAN- OWNED

SMALL BUSINESS PROGRAM

EDWOSB

NAICS:

HUBZONE SMALL BUSINESS 115310

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS 8(A)

SIZE STANDARD:

$34 M

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARCHKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. Rating

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 67T8 16. ADMINISTERED BY CODE 363N

BLACK HILLS NATIONAL FOREST

NORTHERN HILLS RANGER DISTRICT

2014 North Main Street Spearfish, SD 57783

USDA-FS – Procurement & Property Services National Procurement Operations Stewardship Contracting Branch 1400 Independence Ave. SW, MS-1138 Washington DC 20250-1138

17A. CONTRACTOR/OFFEROR CODE FACILITY

CODE 18a. PAYMENT WILL BE MADE BY CODE 363N

Name:

Address:

Email:

Telephone No:

*Invoice Processing Platform (IPP):

All invoices must be submitted electronically through the Invoice Processing Platform Via www.IPP.gov.

*All Invoices for Non-Monetary Stewardship Credits must be submitted to the Forest COR via email.* SAM UEI:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

ELK CREEK IRSC

ROCKY MOUNTAIN RESTORATION PROJECT (RMRP)

STEWARDSHIP BPA

BLACK HILLS NATIONAL FOREST

NORTHERN HILLS RANGER DISTRICT

See attached Schedule of items

25. ACCOUNTING AND APPROPRIATION DATA

N/A

26. TOTAL AWARD AMOUNT (For Govt. Use Only) N/A

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED

ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN VIA

ELECTRONIC (email) to keith.r.brugger@usda.gov and matthew.daigle@usda.gov

ONE (1) COPY TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS

AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.______ OFFER DATED ____________,

YOUR OFFER ON S OLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES

WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

Keith Brugger http://www.ipp.gov/ mailto:keith.r.brugger@usda.gov mailto:matthew.daigle@usda.gov

ELK CREEK IRSC BLACK HILLS NATIONAL FOREST

SOLICITATION 12363N25Q4191 NORTHERN HILLS RANGER DISTRICT

1. GENERAL INFORMATION:

Proposals shall be valid for 60 days after the date of receipt for the solicitation. If additional time is needed, an extension will be requested. Refer to Section 21 for instructions on preparing your proposal and pricing. Submit technical proposals and price proposals separately, via email, to the individual(s) shown in box 28 of page 1.

SCHEDULE OF ITEMS

MANDATORY WORK ACTIVITIES:

ITEM

NO.

DESCRIPTION OF

MANDATORY WORK ACTIVITIES UNIT ESTIMATED

QUANTITY UNIT PRICE TOTAL PRICE

CONTRACT AREA #1 – ATLANTIS

1.a Cut and Remove Included Timber on up to 801 acres of ground-based operations and 321 acres of steep slope logging

CCF 5,612 N/A N/A

2.a Steep Slope Logging Cut & Skid Acre 321 $ $

3.a Road Reconstruction

(1) Mobilization 151(01) Lump Sum 1 $ $

(2) Establish clearing limits 152(19) Mile 1.06 $ $

(3) Selective Clearing, Roadside Clearing disposal method F 201(09) Mile 0.73 $ $

(4) Drainage excavation, type rolling dip 204(20) Each 6 $ $

(5) Linear Grading, compaction method 4, reconstruction 212(01)R Mile 0.33 $ $

(6) Aggregate base course, grading Q, compaction method A – Commercial Source 301(03)Q

Cubic Yard* 32 $ $

(7) Road reconditioning, roadbed, compaction method D 303(15) Mile 0.73 $ $

(8) Seeding, dry method 625(04) Acre 1.02 $ $

Total All Atlantis Mandatory Items $

CONTRACT AREA #2 - DIAMOND

1.b Cut and Remove Included Timber on up to 625 acres of ground-based operations and 495 acres of steep slope logging

CCF 7,955 N/A N/A

2.b Steep Slope Logging Cut & Skid Acre 495 $ $

Total All Diamond Mandatory Items $

CONTRACT AREA #3 - JADE

1.c Cut and Remove Included Timber on up to 998 acres of ground-based operations and 694 acres of steep slope logging

CCF 10,817 N/A N/A

2.c Steep Slope Logging Cut & Skid Acre 694 $ $

ITEM

NO.

DESCRIPTION OF

MANDATORY WORK ACTIVITIES UNIT ESTIMATED

QUANTITY UNIT PRICE TOTAL PRICE

3.c Road Reconstruction

(1) Mobilization 151(01) Lump Sum 1 $ $

(2) Establish clearing limits 152(19) Mile 1.73 $ $

(3) Linear grading compaction method 4, reconstruction 212(01)R Mile 1.73 $ $

(4) Aggregate base course, grading Q, compaction method A-Commercial Source 301(03)Q

Cubic Yard* 875 $ $

(5) Seeding, dry method 625(04) Acre 2.13 $ $

Total All Jade Mandatory Items $

CONTRACT AREA #4 - PEARL

1.d Cut and Remove Included Timber on up to 582 acres of ground-based operations and 274 acres of steep slope logging

CCF 6,797 N/A N/A

2.d Steep Slope Logging Cut & Skid Acre 274 $ $

3.d Road Reconstruction

(1) Mobilization 151(01) Lump Sum 1 $ $

(2) Establish clearing limits 152(19) Mile 4.90 $ $

(3) Linear grading compaction method 4, reconstruction 212(01)R Mile 4.90 $ $

(4) Aggregate base course, grading Q, compaction method A-Commercial Source 301(03)Q

Cubic Yard* 1,383 $ $

(5) Seeding, dry method 625(04) Acre 7.28 $ $

Total All Pearl Mandatory Items $

Total All Project Area Mandatory Items $ */Indicates Contract Quantity

OPTIONAL WORK ACTIVITIES:

ITEM

NO.

DESCRIPTION OF

OPTIONAL WORK ACTIVITIES UNIT ESTIMATED

QUANTITY UNIT PRICE TOTAL PRICE

CONTRACT AREA #1 - ATLANTIS

4.a Noxious Weeds Treatments Acre 512 $ $

CONTRACT AREA #2 – DIAMOND

4.b Noxious Weeds Treatments Acre 789 $ $

CONTRACT AREA #3 – JADE

4.c Noxious Weeds Treatments Acre 590 $ $

CONTRACT AREA #4 – PEARL

4.d Noxious Weeds Treatments Acre 477 $ $

Total All Optional Service Items $

TIMBER/PRODUCT REMOVAL PRICE SCHEDULE - #1, ATLANTIS:

TIMBER/PRODUCT REMOVAL PRICE SCHEDULE - #2, DIAMOND:

TIMBER/PRODUCT REMOVAL PRICE SCHEDULE - #3, JADE:

TIMBER/PRODUCT REMOVAL PRICE SCHEDULE - #4, PEARL:

SPECIES PRODUCT ESTIMATED

QUANTITY

UNIT OF

MEASURE

MINIMUM

ACCEPTABLE

OFFER

OFFER

(FLAT) TOTAL OFFER

Ponderosa Pine and Other

Conifers (PP)

Sawtimber

(01) 4,589 CCF $34.32 $ $

Ponderosa Pine (PP)

Non-saw

(08) 1,023 CCF $10.03 $ $

Total – All Atlantis Products $

SPECIES PRODUCT ESTIMATED

QUANTITY

UNIT OF

MEASURE

MINIMUM

ACCEPTABLE

OFFER

OFFER

(FLAT) TOTAL OFFER

Ponderosa Pine and Other

Conifers (PP)

Sawtimber

(01) 6,789 CCF $50.27 $ $

Ponderosa Pine (PP)

Non-saw

(08) 1,166 CCF $9.72 $ $

Total – All Diamond Products $

SPECIES PRODUCT ESTIMATED

QUANTITY

UNIT OF

MEASURE

MINIMUM

ACCEPTABLE

OFFER

OFFER

(FLAT) TOTAL OFFER

Ponderosa Pine and Other

Conifers (PP)

Sawtimber

(01) 7,566 CCF $46.99 $ $

Ponderosa Pine (PP)

Non-saw

(08) 3,251 CCF $10.37 $ $

Total – All Jade Products $

SPECIES PRODUCT ESTIMATED

QUANTITY

UNIT OF

MEASURE

MINIMUM

ACCEPTABLE

OFFER

OFFER

(FLAT) TOTAL OFFER

Ponderosa Pine and Other

Conifers (PP)

Sawtimber

(01) 5,460 CCF $37.36 $ $

Schedule Notes

These schedules are for pricing/payment purposes. Refer to Section 32, Instructions to Offerors for business proposal requirements. Evaluation criteria used by the Forest Service for proposals is in Section 35 of this solicitation.

Multiple awards MAY be made from this Solicitation. Project areas have been separated and designed to allow for individual awards. Price Proposals MUST be provided on ALL Items in Schedules: Mandatory Work and Timber or other products Removal Price Schedule. Unit prices prevail. Contractors that only have the technical capacity to successfully complete one contract area within the stated period of performance must still quote on all Items (Atlantis, Diamond, Jade and Pearl) as stated above. Incomplete pricing for any contract area will result in proposals being nonresponsive and not considered for evaluation.

Item 1 includes the removal of all offered forest product volume in this solicitation. Item 2 pricing should only include cutting and skidding associated with steep slope logging when cost proposals are assembled. If funding dictates and it is in the best interest of the government, work items may be awarded by Unit/Acre and for amounts less than the total acreage estimates based on the unit prices quoted.

Enter a quantity and Offer (Flat) in the Timber Removal Price Schedule if Timber Subject to Agreement (TSA) is being requested in the Technical Proposal. No entry indicates no desire to remove TSA.

The following apply to Road Reconstruction requirements only:

A. Refer to Section 7 for the Governments estimated price magnitude of construction by contract area.

B. Performance and Payment bonds are required for any construction contract exceeding $150,000.

C. A bid guarantee shall be required whenever performance and payment bonds are required (see FAR

52.228-1 Bid Guarantee (SEP 1996) (DEVIATION MAY 2020)). For required bonding, include the mobilization costs. No separate payment for bond premiums shall be made.

D. Per FAR 28.102-3, Alternate Payment Protections are required for construction projects greater than $35,000 and shall be provided within 10 days of award.

E. Construction (Davis Bacon) wage determination aplies to all Road Reconstruction work items.

***A Draft Small Business Subcontracting Plan is required with any proposal from a large business. Refer to Call Section 24, 52.216-9 Small Business Subcontracting Plan for requirements.***

There is no site visit planned. Vendors are encouraged to visit the contract area and submit questions to Keith Brugger keith.r.brugger@usda.gov .

2. LAND MANAGEMENT ACTIVITIES.

The Forest Service is executing this procurement under the stewardship contracting authority provided under Section 8205 of Public Law 113-79, the Agricultural Act of 2014 as amended under Section 204 & 207 of the

Ponderosa Pine (PP)

Non-saw

(08) 1,337 CCF $9.74 $ $

Total – All Pearl Products $ mailto:keith.r.brugger@usda.gov

Consolidated Appropriations Act (Omnibus Bill 2018). Stewardship authority grants the Forest Service Chief or designee the authority to aggregate contractual requirements into stewardship projects and solicit those requirements utilizing full and open competition.

Performance of land management activities shall be in accordance with Project Description and Work Specifications. Payment for Land Management Work Activities in Schedule of Items will be made in Stewardship Credits and Appropriated Funds.

All Base Work Activities (Mandatory) shall be performed. Optional activities are listed in order of planned priority. Award may be made for optional items in any order that the Contracting Officer determines is in the best interest of the Government.

3. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2023)

See parent BPA for full clause text and associated addenda.

4. PROJECT DESCRIPTION

(a) Description of Work:

The Elk Creek Integrated Resource Service Contract (IRSC) is a multi-project solicitation focused on improving forest health and resilience while supporting local economies. This initiative will award four separate projects: Atlantis, Diamond, Jade, and Pearl.

These projects are guided by two distinct Environmental Assessments (EAs):

• Zeppelin EA (Atlantis Project): The EA aims to increase forest resistance to mountain pine beetle outbreaks and high-intensity wildfires. It also seeks to contribute to local economies by providing commercial products and employment opportunities.

• Chimera EA (Diamond, Jade, and Pearl Projects): The Chimera EA focuses on increasing the resiliency of forest landscapes and communities to wildfire. Its purpose is to decrease wildfire impacts within the Wildland-Urban Interface and enable effective, safe response to wildfires when they occur.

Both EAs achieve their objectives through various vegetation treatments implemented across the four projects. These treatments include:

• Commercial thinning: To reduce stand density and promote healthier forest growth.

• Removal of pine overstory: To allow established ponderosa pine regeneration to thrive.

• Removal of encroaching conifers: to restore hardwood stands and meadows.

(b) Resulting Contract – This BPA call will be issued against the Rocky Mountain Restoration Project BPA when ordered by warranted contracting personnel. The resultant contract will be a commercial services contract with requirements for timber removal.

(c) Project Location: All projects are in Lawrence and/or Meade Counties, South Dakota.

Atlantis – CONTRACT AREA #1:

This Contract Area of 3,751 acres is in T4N R5E, Sections 16 – 22, 27 – 30, and 32 – 34; Black Hills Meridian.

Diamond – CONTRACT AREA #2:

This Contract Area of 4,525 acres is in T4N R4E, Section 1; T5N R4E, Sections 13, 23 – 26, 35 and 36;

T5N R5E, Sections 18 – 20, 30 and 31; Black Hills Meridian.

Jade – CONTRACT AREA #3:

This Contract Area of 4,825 acres is in T4N R5E, Sections 4, 5, 8, 9, 14 – 17, 21 – 23, 26, and 27; T5N R5E, Sections 32 and 33; Black Hills Meridian.

Pearl – CONTRACT AREA #4 This Contract Area of 6,887 acres is in T4N R4E, Sections 2 – 5; T5N R4E, Sections 15 – 17, 20 – 23, 26 – 29, and 32 – 35; Black Hills Meridian.

5. SPECIFICATIONS

General specifications for each Contract Activity individually described by an item number in the Schedule of Items can be found in Appendix A. Specifications for timber removal are found in Appendix B and associated road maintenance plans and specifications are insounds go Appendix C for Stewardship related projects.

Projects that include road construction and/or reconstruction may include Appendix D.

6. AWARD AND EXERCISE OF OPTIONS

The Government may award, and exercise optional line items identified in the schedules, in the quantity and at the price stated. The Contracting Officer may exercise unawarded options by written notice to the Contractor within the first four years of the period of performance unless otherwise agreed. Optional items may be funded with appropriated dollars or non-monetary credits at the discretion of the Contracting Officer unless otherwise agreed between the parties.

7. MAGNITUDE OF CONSTRUCTION PROJECT

For Road Reconstruction work requirements, the total estimated price magnitude for all project areas is between $250,000 and $500,000.

i. The estimated price magnitude for the Atlantis area is less than $25,000.

ii. The estimated price magnitude for the Jade area is between $25,000 and $100,000.

iii. The estimated price magnitude for the Pearl area is between $100,000 and $250,000.

8. FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after receipt of Notice to Proceed or Order for specific work items, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than ATLANTIS-June 30, 2029; DIAMOND- June 30, 2029; JADE- September 30, 2030; PEARL-September 30, 2030 The time stated for completion shall include final cleanup of the premises.

Except as this contract otherwise provides, the Government shall order all services within the scope that are required by Government activities specified in the Schedule only with the vendor holding this contract for the specified services. Timber Removal activities shall be scheduled and carried out in accordance with the Timber Removal Specifications in Appendix B or C and as approved by the Contracting Officer.

9. FOREST PRODUCT APPRAISAL METHODOLGY

Minimum acceptable offer rates for Timber and Product removal were determined using standard Forest Service appraisal methodologies. The skidding and yarding cost centers for steep slope acres were not included in the appraisal valuation of Forest Products as they are service work items on the schedule that the Government recognizes as carrying increased costs for removal.

The skidding and yarding costs for included products was calculated on a weighted average for ground-based volumes and no skidding and yarding costs for steep slopes was included in the appraisal.

10. TIMBER PRODUCT VOLUME ESTIMATION

Quantities listed in Timber/Product removal schedules are estimates only. Volume quantities are made available with the understanding that values shown are Forest Service estimates and are not guaranteed.

Contractors are urged to examine the contract areas and make their own estimates.

11. PERIOD OF PERFORMANCE

The period of performance of this contract is from 10/1/2025 through see table below.

Contract Area Completion Date Atlantis 6/30/2029

Diamond 6/30/2029 Jade 9/30/2030 Pearl 9/30/2030

12. CONTRACT OPERATIONS SCHEDULE

CONTRACT AREA #1-ATLANTIS

Timeframe Restriction Description

June 15 – August 15 Units 7,10,15,17,18,23,25 – No Felling Operations

March 15 – Aug 15 Units 11,27 – No Operations

April 15 – Aug 15 Units 13,14,26 – No Operations

March 15 – Aug 31 Unit 20 – No Operations

March 15 – Aug 31 137.1B – Road Use Restricted from Junction w/137.1C to End of Road

March 15 – May 14 709.1 – Road Use Restricted from Junction w/709.1D to End of Road

CONTRACT AREA #2-DIAMOND

April 1 – Aug 15 Units 33,34,39,52 – No Operations

April 1 – May 14 171.1 – Road Use Restricted from 0.36 mi north of FSR 170 to Forest Boundary

April 1 – May 14 171.1B – Road Use Restricted from Junction w/171.1 to Junction w/171.1J

April 1 – Aug 15 171.1B – Road Use Restricted from Junction w/171.1J to End of Road

April 1 – Aug 15 171.1A,171.1D,171.1F,171.1H,171.1J,171.1O Road Use Restricted

CONTRACT AREA #3-JADE

June 15 – August 15 Units 22,24,27,29,31,34 – No Felling Operations

March 1 – Aug 31 Units 13,17,18,54 – No Operations

March 1 – May 14 139.1 – Road Use Restricted from Junction w/139.1A to Junction w/139.1B

March 1 – May 14 139.1A – Road Use Restricted

CONTRACT AREA #4-PEARL

June 15 – August 15 Units 28 and 52 – No Felling Operations

March 1 – Aug 31 Unit 25 – No Operations

March 1 – Aug 31 567.1A – Road Use Restricted

13. 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 Northern Hills District Office, 2014 N Main St, Spearfish, SD 57783 or virtually via Microsoft TEAMS.

14. AGAR 452.204-70 MODIFICATION FOR CONTRACT CLOSEOUT (JAN 2025)

Upon contract closeout for contracts utilizing anything other than cost reimbursement:

(a) If unliquidated 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) Upon contract closeout for contracts utilizing SAP: if unliquidated 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 “Contractor Release of Claims” be completed by the contractor, although not required for contracts and orders using SAP.) 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.

(c) Upon contract closeout for contracts utilizing anything other than cost reimbursement, if unliquidated 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 a “Contractor Release of Claims” and will be required to provide a signature on both forms. If the bilateral modification and Release of Claims are not returned to the CO within 120 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.

15. KEY PERSONNEL

(a) The Contractor shall assign to this contract the following key personnel:

Overall Project Manager Logging Supervisor Individual Sub-Managers – Individuals supervising individual sub-contracts for work items not covered by personnel noted previously herein.

(b) During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

Key Personnel- Representatives:

Unless otherwise agreed, Contractor shall designate, in writing, a representative who is authorized to receive notices in regard to performance under this contract and take related action. In no case shall Contractor designate any representative to this contract who is currently debarred, proposed for debarment, or suspended by the Federal Government. Contractor’s representative shall provide a copy of the contract to Contractor’s field supervisor and persons authorized to assume responsibilities in the field super- visor’s absence. Prior to initial operations and after shutdowns of 10 days or more, Contractor’s representative shall notify Forest Service 2 days, excluding weekends and Federal holidays, before any operations begin on Contract Area.

Contractor’s representative shall designate, in writing, a field supervisor, one of whose responsibilities shall be on-the-ground direction and supervision of Contractor’s Operations. The field supervisor shall be readily available to the area of operations when operations are in progress and shall be authorized to receive notices in regard to performance under this contract and take related action. The responsibilities of the field supervisor shall include the safeguarding of National Forest resources and performance within the terms of the contract.

Contractor representative will furnish Forest Service with names of persons authorized to assume responsibilities in field supervisor’s absence. Such delegations may be made a part of Contractor’s annual Operating Schedule.

Unless Contracting Officer designates another Forest Service representative and notifies Contractor in writing, the COR is the representative of Forest Service. Forest Service representative shall:

(a) Receive notice in regard to performance under this contract,

(b) Take action in relation to this contract, and

(c) Be readily available to the area of service work activities and logging operations.

Contracting Officer shall designate other on-the-ground representatives in writing along with their specific contractual responsibilities and authority. Representatives with authority delegated in writing are the only Forest Service personnel authorized to provide notice or take related actions under the contract. Such delegation shall be made within 60 days of contract award.

16. NOTICES

Notices by either party as to action taken or to be taken by the other respecting this contract shall be made in writing to the other party’s designated representative unless otherwise agreed.

17. PROTECTION MEASURES NEEDED FOR PLANTS, ANIMALS, CULTURAL RESOURCES, AND CAVE

RESOURCES

Locations of known areas needing special measures for the protection of plants, animals, cultural resources, and/or cave resources are shown on Contract Area Map and/or identified on the ground. Special protection measures needed to protect such known areas are identified in Appendix B.

In addition to any special protection measures noted, Contractor has a general duty to protect all known and identified resources referenced in this Subsection from damage or removal during Contractor’s operations.

Discovery of additional areas, resources, or members of species needing special protection shall be promptly reported to the other party, and operations shall be delayed or interrupted at that location, if Contracting Officer determines there is risk of damage to such areas, resources, or species from continued operations.

Wheeled or track-laying equipment shall not be operated in areas identified as needing special measures for the protection of cultural resources, except on roads, landings, tractor roads, or approved skid trails. Unless agreed otherwise, trees will not be felled into such areas. Contractor may be required to backblade skid trails and other ground disturbed by Contractor’s operations within such areas in lieu of required cross ditching.

Contractor shall immediately notify Forest Service if disturbance occurs to any area identified as needing special protection measures and shall immediately halt operations in the vicinity of the disturbance until Forest Service authorizes Contractor to proceed. Contractor shall bear costs of resource evaluation and restoration to identified sites. Such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

Forest Service has exercised due diligence and followed established protocols in identifying known areas needing special protection measures. Nevertheless, nothing in this provision shall be interpreted as creating any warranty that all locations and special measures for the protection of plants, animals, cultural resources, and cave resources have been described herein, elsewhere in the contract, or designated on the ground.

Label on Contract Area Map

Restrictions

SMA-1 SMA is in Unit 20 of the Atlantis Project and shown on the Atlantis Contract Area Map. Skid trails, forwarder trails, haul roads, log decks, and slash piles are not permitted within the SMA.

18. PROTECTION OF IMPROVEMENTS

So far as practicable, the Contractor shall protect all physical improvements including, but not limited to, roads, trails, ditches, fences, waterlines, and other improvements, existing in the contract area, determined to have continuing need or use, and designated on the Contract Area Map.

The Contractor shall keep all roads and trails needed for fire protection or other purposes and designated on the Contract Area Map reasonably free of equipment and products, slash, and debris resulting from the Contractor’s operations. The Contractor shall make timely restoration of any such improvements damaged by the Contractor’s operations and, when directed (because of such operations) shall move such improvements if and as specified by the Forest Service.

All protected improvements will be protected from damage by the Contractor. If any protected improvements are disturbed, the Contractor shall immediately contact the COR and will be liable for the cost of repairs.

PROTECTED IMPROVEMENTS

IMPROVEMENT DESCRIPTION LOCATION

Roads All Roads (including associated features) As identified on

Contract Area Map Contract Area #1-Atlantis

Utility Lines In and adjacent to Units 20 and 25; along FSR 137 (Wonderland Cave Rd) and 137.1E

As identified on Contract Area Map

Gates FSR 137 at MP 1.02, FSR 137.1B at the Junction w/FSR 137, 709.1 at Junction w/CTY-3C

As identified on Contract Area Map

Fences Paralleling CTY-3C In and adjacent to Units 1, 15, 17, and 27

As identified on Contract Area Map

Cattleguards FSR 135.2M, FSR 137, and FSR 709.1 all at Junction w/CTY-3C

As identified on Contract Area Map

Non-Motorized Trails

Southeast portion of Project Area Boundary As identified on

Contract Area Map Water Developments

709.1C and Northern portion of Unit 17.

As identified on

Contract Area Map Contract Area #2- Diamond

Utility Lines Underground Power Line along and parallel to FSR 171 and FSR 171.1B and the west side of Unit 51

As identified on Contract Area Map

Gates FSR 170.4C at Junction w/FSR 170 and FSR 171 0.31 mi from Junction w/FSR 170

As identified on Contract Area Map

Motorized Trails West side of Project Area As identified on

Contract Area Map Contract Area #3- Jade

PROTECTED IMPROVEMENTS

IMPROVEMENT DESCRIPTION LOCATION

Utility Lines

Overhead – Along FSR 168 and 168.3; Unit Underground – Along FSR 139.1, 139.1C, and 168, 168.1B, and 168.1C; Units 12, 17, and 18

As identified on Contract Area Map

Electrical Utility Box

Along FSR 139.1, 139.1C, 168.1B, and 168.1C

As identified on Contract Area Map

Gates

139.1 0.63 mi from junction w/CTY-3C, 139.1A 0.14 mi from junction w/139.1, 168.1A

0.12 mi from junction w/168, 168.3 3.48 mi from junction w/CTY-3C, 169.1 0.16 mi from junction w/168

As identified on Contract Area Map

Cattleguards FSR 139.1 and FSR 168 both at Junction w/CTY-3C

As identified on Contract Area Map

Non-Motorized Trails

Centennial – Parallel and east of FSR 139.1, west side boundary of Units 20 and 81, north side boundary of Unit 82, within Units 24 and 25, and between Units 27 and 28 Sturgis – Between Units 18 and 81, along south and west part of Unit 18, and contiguous with FSR 139.1 and FSR 139.1A

As identified on Contract Area Map

Contract Area #4-Pearl

Utility Lines Overhead Utility along FSR 172.1 and east of Unit 16

As identified on Contract Area Map

Motorized trail Several and various locations within the project area

As identified on Contract Area Map

Forest Service shall notify all utility companies, or other parties affected, and make arrangements for all necessary adjustments of the public utility fixtures, pipelines, and other appurtenances likely to be affected by Contractor’s Operations.

When Contractor’s Operations are adjacent to properties of railway, telephone, or power companies, or other property, work shall not begin until Contractor has identified actions necessary to prevent damage.

Contractor shall cooperate with the owners of any underground or overhead utility lines in their removal and/or rearrangement operations in order that these operations may progress in a reasonable manner, utility duplication or rearrangement work may be reduced to a minimum, and services shall not be unnecessarily interrupted.

In the event of interruption to utility services be- cause of accidental breakage or as a result of lines being exposed or unsupported, Contractor shall promptly notify the proper authority and shall cooperate with that authority in the restoration of service until the service is restored.

When materials are to be hauled across the tracks of any railway, Forest Service will make arrangements with the railroad for the use of any existing crossing or for any new crossing required. Contractor shall make arrangements for use of alternate crossings. All construction work to be performed by Contractor on the rail-road right-of-way shall not damage railroad company’s property.

19. STREAMCOURSE PROTECTION

“Streamcourses” that are subject to provisions of this Section are shown on Contract Area Map. Unless otherwise agreed, the following measures shall be observed to protect Streamcourses:

(a) Contractor’s Operations shall be conducted to prevent debris from entering Streamcourses, except as may be authorized under paragraph (d). In event Contractor causes debris to enter Streamcourses in amounts that may adversely affect the natural flow of the stream, water quality, or fishery resource, Contractor shall remove such debris as soon as practicable, but not to exceed 48 hours, and in an agreed manner that will cause the least disturbance to Streamcourses.

(b) Culverts or bridges shall be required on Temporary Roads at all points where it is necessary to cross Streamcourses. Such facilities shall be of sufficient size and design and installed in a manner to provide unobstructed flow of water and to minimize damage to Streamcourses. Trees or products shall not be otherwise hauled or yarded across Streamcourses unless fully suspended.

(c) Wheeled or track-laying equipment shall not be operated in Streamcourses, except at crossings designated by Forest Service or as essential to construction or removal of culverts and bridges.

(d) Flow in Streamcourses may be temporarily diverted only if such diversion is necessary for Contractor’s planned construction and Forest Service gives written authorization. Such flow shall be restored to the natural course as soon as practicable and, in any event, prior to a major storm runoff period or runoff season.

Label on Contract Area Map Restrictions

Ephemeral Where feasible, skid trails shall cross perpendicular to these features and not skid directional within ephemeral streams. Reuse of existing logging features is permitted.

20. PROTECTION OF PROPERTY

In maintenance, construction and reconstruction of roads, Contractor shall not unnecessarily remove, deface, injure, or destroy trees, shrubs, or other natural features, unless specifically authorized. To the extent practicable, Contractor shall confine operations to within the clearing limit or other areas designated in the contract and prevent the depositing of rocks, excavated materials, stumps, or other debris outside these limits.

Material that falls outside these limits shall be retrieved, disposed of, or incorporated in the work to the extent practicable and necessary to protect adjacent resource values, unless otherwise agreed.

21. AGAR 452.236-70 EMERGENCY RESPONSE, FIRE SUPPRESSION, AND LIABILITY.

(a) Contractor's Responsibility for Responding to Emergencies. When directed by the contracting officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to firefighting). This is considered to be within the general scope of the contract. An equitable adjustment for the temporary use of employees and equipment will be made under the Contract Terms and Conditions—Commercial Products and Commercial Services Changes clause, FAR 52.212-4 (c).

(b) Contractor's Responsibility for Fire Fighting. The Contractor, under the provisions of FAR 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents, subcontractors, or employees subject to the fire classifications listed in subsection (c).

(c) Fire Suppression Costs. The Contractor's obligations for cost of fire suppression vary according to three classifications of fires as follows:

(1) Operations Fire. An “operations fire” is a fire caused by the Contractor's operations other than a negligent fire. The Contractor agrees to reimburse the Forest Service for such cost for each operations fire, subject to a maximum dollar amount of $9,600. The cost of the Contractor's actions, supplies, and equipment expended or used on suppressing any such fire, or otherwise provided at the request of Forest Service, shall be credited toward such maximum. If the Contractor's actual cost exceeds the contractor's maximum obligation stated above, the Forest Service shall reimburse the contractor for the excess.

(2) Negligent Fire. A “negligent fire” is a fire caused by the negligence or fault of the Contractor's operations including, but not limited to, one caused by smoking by persons engaged in the Contractor's operations during the course of their employment, or during rest or lunch periods; or if the Contractor's failure to comply with requirements under this contract results in a fire starting or permits a fire to spread. Damages and the cost of suppressing negligent fires shall be borne by the Contractor.

(3) Other Fires on Contract Area. The Forest Service shall pay the Contractor, at firefighting rates common in the area or at prior agreed rates, for equipment or personnel furnished by the Contractor at the request of the Forest Service, on any fire on the contract area other than an operations fire or a negligent fire.

(d) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(e) Performance by the Contractor. Where the Contractor's employees, agents, contractors, subcontractors, or their employees or agents perform the Contractor's operations in connection with fire responsibilities, the Contractor's obligations shall be the same as if performance was by the Contractor.

(f) State Law. The Contractor shall not be relieved by the terms of this contract of any liability to the United States for fire suppression costs recovered in an action based on State law, except for such costs resulting from operations fires. Amounts due to the Contractor for firefighting expenditures on operations fires shall not be withheld pending settlement of any such claim or action based on State law.

(End of Clause)

22. FIRE PRECAUTIONS AND CONTROL

1. Fire Period and Closed Season

Specific fire prevention measures are listed below and shall be effective for the period June 1 to December 31 of each year. The Forest Service may change the dates of said period by advance written notice if justified by unusual weather or other conditions. Required tools and equipment shall be kept currently in serviceable condition and immediately available for initial attack on fires.

2. Fire Plan Before starting any operations on the project, the Contractor, Permittee, Licensee, or Purchaser, hereinafter referred to as the "Contractor," shall prepare a fire plan in cooperation with the Contracting Officer providing for the prevention and control of fires in the project area. The Contractor shall certify compliance with fire protection and suppression requirements before beginning operations during the fire period and closed season and shall update such certification when operations change.

3. Substitute Measures The Contracting Officer may by written notice authorize substitute measures or equipment or may waive specific requirements during periods of low fire danger.

4. Emergency Measures The Forest Service may require emergency measures, including the necessary shutting down of equipment or portions of operations in the project area during periods of fire emergency created by hazardous climatic conditions.

5. Fire Control The Contractor shall, independently and in cooperation with the Forest Service, take all reasonable action to prevent and suppress fires in the project area. Independent initial action shall be prompt and shall include the use of all personnel and equipment available in the project area. For the purpose of fighting forest fires on, or in the vicinity of the project which are not caused by the Contractor's operations, the Contractor shall place employees and equipment temporarily at the disposal of the Forest Service. Any individual hired by the Forest Service will be employed in accordance with the Interagency Pay Plan for Emergency Firefighters. The Forest Service will compensate the Contractor for equipment rented at firefighting equipment rates common in the area, or at prior agreed to rates.

6. Compliance with State Forest Laws Listing of specific fire precautionary measures herein is not intended to relieve the Contractor in any way from compliance with the State Fire Laws covering fire prevention and suppression equipment, applicable to operations under this contract, permit or license.

7. Specified Fire Precautions and Emergency Precautions Specific requirements defined within Attachment 7 – Fire Plan.

23. LIST OF ATTACHMENTS

The following attachments are made a part of this solicitation and any resultant contract.

Title Pages

2. Appendix A – Technical Specifications for Service Work Items 14

3. Appendix B – Timber Removal (Tree Measurement/Scaled) Specifications 38

4. Appendix C – T-Specs and Drawings for Road Maintenance

a. Atlantis

b. Diamond

c. Jade

d. Pearl

e. Traffic Control Plan

5. Appendix D- Road Reconstruction Specifications-

a. Atlantis

c. Jade

6. Contract Area Maps-

a. Atlantis

b. Diamond

7. Logging Plan Maps – Informational Only

a. Atlantis

b. Diamond

8. Cruise Summary

a. Atlantis

b. Diamond

9. Fire Plan 2

10. Service Contract Act Wage Determination #1979-1157, Revision #72 dated July 16, 2025 4

11. Davis-Bacon Wage Rates SD20250032 dated July 3, 2025 5

END OF ADDENDUM TO FAR 52-212-4

24. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS — COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (JAN 2025)

(DEVIATION FEB 2025)

See parent BPA for full clause text and associated addenda. ***USDA DEVIATIONS EXIST AND CAN BE REFERENCED HERE: USDA FAR Class Deviations ***

25. FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2025)

*This clause only applies to large businesses and must accompany any proposal.

(a)This clause does not apply to small business concerns.

(b)Definitions. As used in this clause—

Alaska Native Corporation (ANC) means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended ( 43 U.S.C. 1601, et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition https://www.usda.gov/da/ocp/ppd/policies-regulations/usda-far-class-deviations http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1626(e)(1)&num=0&edition=prelim also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2).

Commercial plan means a subcontracting plan (including goals) that covers the offeror’s fiscal year and that applies to the entire production of commercial products and commercial services sold by either the entire company or a portion thereof (e.g., division, plant, or product line).

Commercial product means a product that satisfies the definition of “commercial product” in Federal Acquisition Regulation (FAR) 2.101.

Commercial service means a service that satisfies the definition of “commercial service” in

FAR 2.101.

Electronic Subcontracting Reporting System (eSRS) means the Governmentwide, electronic, web-based system for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov.

Indian tribe means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e).

Individual subcontracting plan means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror's planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.

Master subcontracting plan means a subcontracting plan that contains all the required elements of an individual subcontracting plan, except goals, and may be incorporated into individual subcontracting plans, provided the master subcontracting plan has been approved.

Reduced payment means a payment that is for less than the amount agreed upon in a subcontract in accordance with its terms and conditions, for supplies and services for which the Government has paid the prime contractor.

Subcontract means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.

Total contract dollars means the final anticipated dollar value, including the dollar value of all options.

Untimely payment means a payment to a subcontractor that is more than 90 days past due under the terms and conditions of a subcontract for supplies and services for which the Government has paid the prime contractor.

(Alternate II (Nov 2016)) (c)(1) Proposals submitted in response to this solicitation shall include a subcontracting plan that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. If the Offeror is submitting an individual subcontracting plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1626(e)(2)&num=0&edition=prelim https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/2.101#FAR_2_101 http://www.esrs.gov/ http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1452(c)&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1452(e)&num=0&edition=prelim

Officer. Failure to submit and negotiate a subcontracting plan shall make the Offeror ineligible for award of a contract.

(2) (i)Unless the Contractor has reason to question the representations, it may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract.

(ii)Unless the Contractor has reason to question the representations, it may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business in the System for Award Management (SAM) if—

(A)The subcontractor is registered in SAM; and

(B)The subcontractor represents that the size and socioeconomic status representations made in SAM are current, accurate and complete as of the date of the offer for the subcontract.

(iii)The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in connection with a subcontract.

(iv)In accordance with 13 CFR 121.411, 126.900, 127.700, and 128.600, a contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status.

(d)The Offeror’s subcontracting plan shall include the following:

(1)Separate goals, expressed in terms of total dollars subcontracted, and as a percentage of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. For individual subcontracting plans, and if required by the Contracting Officer, goals shall also be expressed in terms of percentage of total contract dollars, in addition to the goals expressed as a percentage of total subcontract dollars. The Offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs.

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