12363N22Q4050 - FY22 Area Wide Tree Release - PA.docx

QUOTES DUE VIA EMAIL TUESDAY, MAY 24TH at 1300 MOUNTAIN to BROOKE.BARKER@USDA.GOV

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

Notes:

a. Contractors must be registered in www.sam.gov in order to submit an offer on this project. Obtaining a Unique Entity Identifier (UEI) number and registering in SAM is free.

b. There is no “Show-me” trip scheduled for this project, prospective quoters are strongly encouraged to view the sites themselves to make their own estimate on the amount of work needed.

c. All employees working on this contract shall have the ability to identify trees and shrubs common to this area of Pennsylvania.

d. This is a Performance Based service Contract. Please note disincentive under Inspection Methods in Section E.

e. COVID restrictions have limited public access to Government offices, email is the best method to contact us with location questions. All other questions must be submitted in writing to the Contracting Officer.

FY22 Area Wide Tree Release – 12363N22Q4050

Allegheny NF

SECTION C - SPECIFICATIONS FOR AREA WIDE TREE RELEASE

DIVISION 100 - GENERAL SPECIFICATIONS

110 – Scope of Contract

It is the intent of this contract to release desirable tree species from competing trees or shrubs using chainsaws and/or brush cutters or other hand tools in timber stands harvested in the last 14 years.

The Contractor is responsible for furnishing all supervision, labor, equipment, transportation, tools, materials, and incidentals necessary to complete the work (except as noted in Section 130 Government Furnished Property).

120 – Location and Description

Location - These areas are located within the Marienville Ranger District. Vicinity Maps and Individual Project Maps are included for locating specific sites. Contract areas will have an orange tag posted indicating tree release.

Area 812014/812021. Located on FR 460 which lies north of Kane. From Kane, drive east on RT 6 towards the Kane Country Club (about 3 miles). There, turn left on Detrick Road. Drive north 1.75 miles to FR 460. The unit is located on the uphill side of the road. The area was timbered in 2018.

Area 812039. Located on FR 461 which is just south of Area 812014 as described above. This area was timbered in 2018.

Area 842005. Located on FR 152 just west and south of James City. Travel west out of James City for about 1.8 miles until you reach FR 152 on the left. Travel south on FR 152 for 0.5 miles and the unit will be on the left hand side of the road. There is an oil and gas road that goes throuh the middle of the unit. This stand was timbered in 2012 and birch is the predominat species to cut.

Areas 849028. Located on FR 118 just past the junction of FR118 and FR 118A. Travel south on SR 66 from James City for about 3.2 miles. FR 118 is on the right as you begin to descend the hill at Nansen. This stand was timbered in 2008 and is mostly birch with some striped maple and beech to be cut.

Area 702079. This unit is located near Sheffield Junction on Township Road 374. After passing the intersection with the large Allegheny National Forest sign at the junction of 66 and 948, continue south on SR 66 for about 1.2 miles. Sheffield Junction RD splits off to the right. Continue on this dirt road for 2.5 miles. There will be an unmarked oil and gas road on the left through a pine stand. This road will take you back to the unit. It was timbered in 2015 and oak planted in 2018. OAK STAND.

Area 703022. Also located on Sheffield Junction Road on FR 394. This road is about 1.3 miles from SR 66. It was timbered 2013 and birch will be the main species of interference, along with beech.

Area 697032. Located on FR 227. From RT 66 in Pigeon, travel east on Township Road 327 towards Duhring for roughly 3 miles. Take FR 124 on the left towards Four Corners for about 1.6 miles. FR 227 will be on the right. Travel south about 1.5 miles to arrive at the unit. It will be on the right-hand side of the road. It was timbered in 2013. Birch and beech are the predominant species to cut here.

Area 707014/707015. This unit is located on FR 227 directly across from 697032 as described above. It was timbered in 2014 and birch is the main source of interference to cut. There is a small piece of this unit just north of the main cutting area.

Area 697001. From the two previous units, continue south on FR 227 for about 1.75 miles. The unit is on the hillside above the road. The reserve areas are not mapped. They will be flagged by the Forest Service. This sale was timbered in 2018. Birch is the main species to cut here with some beech and buckthorn throughout.

Area 892029. Located on FR 343. Travel south from Owls Nest for approximately 1 mile. FR 343 will be on the right. Travel 0.4 miles and there will be a landing on the right-hand side of the road. Park here and walk in via the skid trail. This unit is enclosed by a deer fence. Only cut within the fence. The main species to cut here are birch and buckthorn. This unit was timbered in 2013.

Area 625004. Located on FR 212 just west of Muzette. From Marienville, travel south on SR 66 for 2 miles. At the sawmill, turn right onto Guitonville Rd. Continue for 4.8 miles and FR 212 will be on the right. Travel north on FR 212 for 1 mile and the unit will be on the left-hand side of the road. It was timbered in 2020 and planted in 1993. OAK STAND.

Area 620026. This unit is located on FR 577 just down Guitonville RD from FR 212. Travel south on FR 577. The unit is on both sides of the road. There is a pipeline on the southern edge of the stand. It was timbered in 2020. The main species to remove is beech. OAK STAND.

Area 620002. This stand is located along Township Road approximately 0.5 miles from its intersection with Guitonville RD. The unit will be on the south side of the road. It was timbered in 2020. OAK STAND.

121 – Accessibility - Forest Service System Roads are marked with a signpost or some other sign marking next to the road. If the road is not marked with a signpost, it is probably an oil and gas road and not in the best condition for driving on. Some areas may be behind a gated road and the Contractor will coordinate with the COR for gaining access behind locked gates. The use of any vehicles will be subject to conditions of the Motor Vehicle Use Map (MVUM) July 29, 2011. The MVUM shows which roads, trails and areas of the National Forest that are designated for motor vehicle use pursuant to 36 CFR 212.51. Use outside of the MVUM designations is not permitted unless written permission is granted by the COR.

130 – Government Furnished Property

The Government will provide the following Government property at the time of the pre-work conference, unless otherwise stated:

131 – Vicinity Maps (see attachment)

132 – Project Maps (see attachment)

133 – Copy of this contract.

The contractor and any sub-contractor must have a copy of this contract on site at all times. This contract has detailed cutting instructions by area and the contract must be consulted at the start of cutting at each area.

134 – Contractor Card.

Must be posted on contractor vehicle while working on site. This is to identify the vehicle as involved in a Forest Service contract.

140 – Pre-work Conference

Prior to the start of work, the Contractor will contact the Contracting Officer's Representative (COR) and mutually agree on a pre-work conference date and location to discuss the contract terms, and work performance requirements.

At this conference, the contractor will be required to submit a plan of work outlining the date work will begin. The plan should also include where and what order the work will progress.

141 – Progression of Work

Contractor will have no more than 2 areas with work in progress at one time unless otherwise agreed to by the COR.

DIVISION 200 - TECHNICAL SPECIFICATIONS

210 – Area Tree Release

211 – Tree Species to be released.

1. red, white, and other oaks

2. yellow/tulip poplar

3. cucumber tree

4. red maple

5. black cherry

6. sugar maple

7. red/white pine

8. hemlock

See the table below for the required height the desirable tree needs to be in order for it to be released. If the released tree is not tall enough as indicated in the table below it does not have to be released.

The minimum height and clearance of the crop trees to be released

Min Height

707015

*No lopping requirement.

BT - Cut all buckthorn, regardless of proximity to crop trees. This will be done in all areas, but BT notes areas of heavy infestation.

212 – Species Requiring Treatment

The following species specified shall be cut and are considered competing vegetation - undesirable species:

1 – Striped Maple - All live striped maple which is taller than one foot in height shall be felled and completely severed from the stump when occurring within the drip line clearance required in Section 211 table.

2 – Pin (Fire) Cherry - All live pin cherry which is taller than one foot in height shall be felled and completely severed from the stump when occurring within the drip line clearance required in Section 211 table.

3 – Beech - All live beech taller than one foot in height and less than 6.0” in diameter at a point 4.5 feet (DBH) above the ground shall be felled and completely severed from the stump when occurring within the drip line clearance required in Section 211 table.

4 – Birch - All live birch taller than one foot in height and less than 6.0” in diameter at a point 4.5 feet (DBH) above the ground shall be felled and completely severed from the stump when occurring within the drip line clearance required in Section 211 table.

5 – Buckthorn shrub. All live buckthorn shrub will be cut regardless of size, regardless of proximity to crop trees, including any within reserve areas. Note: reserve areas on supplied maps are estimated in numbers and locations are taken from timber sale maps.

Special Notes:

1. Area 702079 has been planted to oak with tree shelters. Any live oak in tree shelters will be released regardless of the height of the oak within the tree shelter.

2. The contractor shall avoid injuring of crop trees in any way during the release work. A maximum of 10% of the crop trees may be cut when intertwined and among pin cherry, striped maple, birch, beech.

3. No live trees greater than 8 inches in diameter at breast height (dbh) and no snags of any size shall be felled (unless such snags present a safety hazard, in that case check with COR to see if they should be cut or work should be move to another location).

4. No trees with fence or fencing hardware attached to them will be cut.

213 – “Wild” fruit trees and wildlife shrubs shall not be cut, as listed below.

1) serviceberry,

2) witch hazel,

3) ironwood,

4) deciduous holly,

5) mountain laurel

214 – Reserve Trees

Reserve trees, usually pole-sized or larger, retained under the regeneration cut shall not be cut. These trees are sometimes designated with a green or white painted band at diameter at breast height.

220 – Boundaries

Area boundaries are marked by existing painted two or three stripe. In some cases, if the paint is no longer visible, “orange” ribbon/flagging marks the boundary.

230 – Stump Heights

Maximum stump height is six (6) inches, unless otherwise stated to the Contractor in writing by the Contracting Officer's Representative (COR) due to unusual circumstances. Stump sprouts (multiple stems) will be cut as close to the ground as possible. Angular stump cuts will not be allowed.

240 – Slash Disposal

Slash created by the Contractor's operations shall be removed 15 feet away from the following features:

No slash shall be left hanging in trees and slash will be laid horizontal to the ground and lopped to 5’. All crop trees and minority trees chosen for release will be released from all slash so they are standing straight up on their own.

NOTE: Area 707014/707015 does not have lopping requirement. However, all crop trees must be left standing upright.

The Contractor is responsible for any damage to fences, oil/gas developments, pipelines, powerlines, and other improvements caused by his/her operations.

250 – Notification

Contractor shall notify the Contracting Officer's Representative prior to starting work on any items. The Contractor shall also notify the Contracting Officer Representative at least weekly of the progress being attained on this project. This notification can be either oral or written.

260 – Payment

Payment(s), which require Forest Service inspection and acceptance, may be made on completed areas only, in accordance with the Prompt Payment Act (FAR 52.232-25). Payment will be processed upon receipt of properly completed invoice entered into the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. Vendor is encouraged to notify Contracting Officer's Representative immediately upon completion of a specific Item(s).

270 – Safety

It is the Contractor’s responsibility to ensure that the work environment is safe for themselves as well as their employees. If the contractor feels that a requirement of this contract would place them or their employees in an unsafe environment, then work should stop on that area of work and the contractor should contact the COR. Work on other areas of the contract that the contractor does not view as unsafe should continue.

The Contractor is required to follow all applicable OSHA standards while working on the job site. The successful contractor will utilize appropriate personal protective safety equipment/clothing while using chain saws, which includes, hand, foot, leg, eye, face, hearing and head protection, while working in the project area. Brush cutting equipment is not covered by the OSHA standard for chain saws but it is recommended that the same protective equipment listed above be used for brush cutters.

Contractor is required to keep COR/District posted to current work site.

SECTION E - INSPECTION AND ACCEPTANCE

52.246-4 Inspection of Services - Fixed Price

(a) Definitions. "Services", as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all service called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and test in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, without additional charge, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When defects in services cannot be corrected by reperformance, the Government may

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may

INSPECTION RECORDS

Contractor shall not be required to maintain an inspection system as stated in Paragraph (b) of Clause 52.246-4, Inspection of Services.

Inspection Methods

In accordance with the Inspection Clause the Government is able to inspect the entire work the contractor performs, and the Contractor shall be required to rework any areas that are not in conformance to the requirement of this contract.

QUALITY ASSURANCE – PERFORMANCE BASED INCENTIVES AND DISINCENTIVES

Performance Work Statement – Contractor

The Contractor shall perform release work in accordance with the specifications contained in this contract.

Quality Assurance - Performance Based Program

Performance based program apply to the Government’s inspections for contract compliance. All work must meet the acceptance standards as listed below. Contract extensions are not eligible for performance-based program unless covered under the Excusable Delays Clause listed in Section I of the contract clauses.

The Government will conduct compliance inspections on a minimum of 10% of the acres that the Contractor has reported as completed to specifications. Plots to check compliance will be randomly placed in the areas to be inspected by the Government inspector.

These performance-based surveys apply only to initial inspections; areas that have previously been rejected and corrected do not fall into this population.

Disincentive

If a Contractor has to be sent back to an Area (that the Contractor has asked for final and second final inspection) to fix work that was not done to the contract specifications a third time, there will be a 3% deduction from the payment for that Area. With each following return to the Area to fix the work will add-on an extra 2% deduction to the final payment of that Area.

If the Contractor does not meet the time outline in Section F, there will be a deduction of 5% from the unfinished acres payment. An additional 2% deduction will occur for each additional week that the required work is not completed.

If less than 80% of the plots inspected comply with contract requirements for number of desirables cut; the contract price for the area will be decreased by a 10% deduction.

The uses of negative incentives do not waive any other rights of the Government, in dealing with inadequate performance.

SECTION F - DELIVERIES OR PERFORMANCE

452.211-74 Period of Performance The period of performance of this contract is from Friday, July 1, 2022 through Friday, September 30, 2022.

(End of Clause)

The contractor shall be required to the following:

a) Contractor will set up a pre-work date within 7 days of the start of the contract, and

b) the Contractor shall be required to prosecute the work diligently and complete the entire contract no later than Friday, September 30, 2022.

SECTION G - CONTRACT ADMINISTRATION

The Contacting Officer will designate a Contracting Officer's Representative (COR) at the time of award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

On all matters that pertain to the contract terms the contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside of the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the contracting officer should be notified immediately, preferable in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal to a contract claim.

SECTION I - CONTRACT CLAUSES

Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-05

52.212-4 Contract Terms and Conditions-Commercial Items.

ADDENDUM TO FAR CLAUSE 52.212-4, CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (INCORPORATED BY REFERENCE ON STANDARD FORM 1449) 52.204-13 System for Award Management Maintenance 52.204-18 Commercial and Government Entity Code Maintenance 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.252-6 Authorized Deviations in Clauses 452.211-72 Statement of Work/Specifications 452.211-73 Attachments to Statement of Work/Specifications (End of clause) (End of Addendum)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items.

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (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 (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations.

(5) 52.233-3, Protest After Award (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. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government, with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☒ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

☐ (5) [Reserved].

☐ (6) 52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).

☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).

☒ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (31 U.S.C. 6101 note).

☐ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).

__ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (15 U.S.C. 657a).

☐ (ii) Alternate I of 52.219-3.

☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (ii) Alternate I of 52.219-4.

__ (13) [Reserved] ☒ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).

☐ (ii) Alternate I of 52.219-6.

☐ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).

☐ (ii) Alternate I of 52.219-7.

☐ (16) 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)).

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).

☐ (ii) Alternate I of 52.219-9.

☐ (iii) Alternate II of 52.219-9.

☐ (iv) Alternate III of 52.219-9.

☐ (v) Alternate IV of 52.219-9 ☐ (18) (i) 52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).

☐ (ii) Alternate I of 52.219-13.

☐ (19) 52.219-14, Limitations on Subcontracting (15 U.S.C. 637(a)(14)).

☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (15 U.S.C. 657f).

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (15 U.S.C. 632(a)(2)).

☐ (ii) Alternate I of 52.219-28.

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (15 U.S.C. 637(m)).

☐ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (15 U.S.C. 637(m)).

☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).

☐ (26) 52.219-33, Nonmanufacturer Rule (15U.S.C. 637(a)(17)).

☒ (27) 52.222-3, Convict Labor (E.O.11755).

☐ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O.13126).

☒ (29) 52.222-21, Prohibition of Segregated Facilities.

☒ (30) (i) 52.222-26, Equal Opportunity (E.O.11246).

☐ (ii) Alternate I of 52.222-26.

☐ (31) (i) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).

☐ (ii) Alternate I of 52.222-35.

☒ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).

☐ (ii) Alternate I of 52.222-36.

☐ (33) 52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).

☒ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).

☒ (35) (i) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).

☐ (ii) Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

☐ (36) 52.222-54, Employment Eligibility Verification . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

☐ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (ii) Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (E.O. 13693).

☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (E.O. 13693).

☐ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (E.O.s 1342 and 13514).

☐ (ii) Alternate I of 52.223-13.

☐ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O.s 13423 and 13514).

☐ (ii) Alternate I of 52.223-14.

☐ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (42 U.S.C. 8259b).

☐ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (E.O.s 13423 and 13514).

☐ (ii) Alternate I of 52.223-16.

☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).

☐ (45) 52.223-20, Aerosols (E.O. 13693).

☐ (46) 52.223-21, Foams (E.O. 13693).

☐ (47) (i) 52.224-3 Privacy Training (5 U.S.C. 552 a).

☐ (ii) Alternate I of 52.224-3.

☐ (48) 52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

☐ (ii) Alternate I of 52.225-3.

☐ (iii) Alternate II of 52.225-3.

☐ (iv) Alternate III of 52.225-3.

☐ (50) 52.225-5, Trade Agreements (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150).

☐ (55) 52.229-12, Tax on Certain Foreign Procurements .

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

☐ (57) 52.232-30, Installment Payments for Commercial Items (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).

☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

☐ (60) 52.232-36, Payment by Third Party (31 U.S.C. 3332).

☐ (61) 52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).

☐ (62) 52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).

☐ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

☐ (ii) Alternate I of 52.247-64.

☐ (iii) Alternate II of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

☒ (1) 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment ( 29U.S.C.206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (41 U.S.C. chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (41 U.S.C. chapter 67).

☒ (7) 52.222-55, Minimum Wages Under Executive Order 13658 .

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792).

(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 items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (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 (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (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.

(vii) 52.222-26, Equal Opportunity (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (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 (41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I 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 (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 (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658.

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).

(xix)

(A) 52.224-3, Privacy Training (5 U.S.C. 552a).

(B) Alternate I of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (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 (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 (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

Listed below are all of the documents attached to, and forming a part of, this contract:

Attachments

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K—REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It ☐ will, ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of Provision)

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (DEVIATION) (Provision) [If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:] (b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (End of Provision)

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

52.212-1 Instructions to Offerors-Commercial Items.

ADDENDUM TO FAR CLAUSE 52.212-1, Instructions to Offerors - Commercial Items (INCORPORATED BY REFERENCE ON STANDARD FORM 1449) 52.204-7 System for Award Management 52.204-16 Commercial and Government Entity Code Reporting 52.204-22 Alternative Line Item Proposal 52.222-22 Previous Contracts and Compliance Reports 52.252-5 Authorized Deviations in Provisions (End of Provision)

INSTRUCTIONS FOR THE PREPARATION OF QUOTES

(a) General Instructions. Quotes submitted in response to this solicitation shall be furnished in the following format with the numbers of copies as specified below.

(1) The quote must include a technical proposal. The following information should be submitted so as to address the evaluation factors in Section M:

All contractors shall provide the following information for their technical proposals:

· Past Performance & Experience on Similar Projects: Provide a list of completed past projects with similar scope for the last three years, (include a brief description of the project and how it is similar to this one, dollar amount, project location and who the work was performed for).