12363N23Q4180 Chequamegon-Nicolet NF L-L RD Mechanical Site Prep.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitation is issued as a Request for Quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-03.

This procurement is set aside for Total Small Business. The NAICS code is 115310 Support Activities for Forestry and the Small Business Size Standard is $11.5 Million.

**MUST BE REGISTERED IN SAM (www.sam.gov) TO BE ELIGIBLE FOR

AWARD**

Payment will be made via EFT. Invoice using IPP.Gov FOB: X Destination Origin Set Aside For:

Large Small Woman Owned

SDVOSB Hubzone 8(a)

(Please check all that apply)

X

NAICS Code: 115310 Size Standard: $11.5 Million

Delivery address Chequamegon-Nicolet National Forest, Lakewood-Laona Ranger District, Laona, WI 54541

Date and time needed

6/15/2023 – 12/15/2023

**MUST HAVE ALL INFO BELOW**

Company Name:

Vendor Rep:

Phone:

Email:

Mailing Address:

UEI SAM #

**QUOTES ARE DUE BY: 12:00 pm Central Time 6/2/2023

12363N23Q4180 Chequamegon-Nicolet NF Lakewood/Laona RD Mechanical Site Prep http://www.sam.gov/

Schedule of Items

Item Number

Area

Quantity

U/I

Unit Price

Extended Price

001 LKLN 1-1 8 Acres $ $

002 LKLN 1-2 22

Acres

003 LKLN1-3 14 Acres

004 LKLN1-4 13 Acres

005 LKLN105 27 Acres

006 LKLN1-6 9 Acres

007 LKLN1-7 8 Acres

008 LKLN 1-8 8 Acres

Total 109 $

Description of Requirement

Chequamegon-Nicolet National Forest, Lakewood/Laona Ranger District Mechanical Site Preparation

Date(s) and Place(s) of Delivery and Acceptance/Location

Chequamegon-Nicolet National Forest, Lakewood/Laona Ranger District, Laona, WI 54541

Period of Performance: Date of Award (approximately June 15, 2023) – December 15, 2023

Statement of Work

DESCRIPTION / SPECIFICATION / WORK STATEMENT

C-1 SCOPE

It is the intent of this contract to secure labor, equipment, and supplies necessary to accomplish mechanical site preparation on the Lakewood / Laona Ranger District of the Chequamegon-Nicolet National Forest.

Mechanical Site Prep will consist of double roller chopping and bracke scarification in accordance with the technical specifications outlined below.

C-2 DESCRIPTION AND LOCATION

The Mechanical Site Prep is in Oconto County, Wisconsin. It is 109 acres in total area (312 acres of total work to be completed). Refer to the attached Project Maps for a more specific location.

Working area boundaries – exterior boundaries are marked with orange paint and pink flagging.

C-3 CONTRACTOR – FURNISHED PROPERTY

Except for the government furnished property listed in Section G, the contractor will be required to furnish all labor, equipment, and supplies necessary to accomplish the work.

C-4 EQUIPMENT REQUIREMENTS

1. Machine Work – Roller Chopping Single Drum

A. Tractor – The tractor shall be a crawler type suitable to do the job and have sufficient power to pull a 6 ton (empty) or 13 ton (full), single drum roller chopper. It must be equipped with a canopy, fire extinguisher, blade, and spark arrestor. All equipment furnished by the contractor shall be in good operating condition and acceptable to the Contracting Officer Representative. The contractor shall assume all costs of maintenance and operation of equipment furnished by the contractor such as fuel, oil, grease, repairs and miscellaneous operating supplies.

B. Roller Chopper – The government furnished Roller Chopper shall be maintained as if it were the contractor’s own equipment. Daily maintenance such as greasing and tightening parts on the Roller Chopper shall be borne by the contractor. Major repairs on this property will be borne by the government, provided they are not the result of negligence by the contractor. During transport the roller chopper should be empty (6 ton) and during site prep full (13 ton).

C. The government will furnish to the contractor a lubrication chart at the start of operation.

2. Machine Work – Spot Scarification

A. Tractor – The tractor used shall have sufficient power (minimum of 70 fly wheel horsepower rating), equipped with a rear mounted winch to operate the bracke scarifier. It shall also be equipped with a canopy, fire extinguisher, blade, and spark arrestor. All equipment furnished by the contractor shall be in good operating condition and acceptable with the Contracting Officer Representative. The contractor shall assume all costs and maintenance and operation of equipment furnished by the contractor such as fuel, oil, grease, repairs and miscellaneous operating costs.

B. Bracke Scarifier – The government furnished bracke scarifier shall be maintained as if it were the contractor’s own equipment. Daily maintenance such as greasing and tightening parts on the scarifier shall be borne by the contractor. Major repairs on this property will be borne by the government, provided they are not the result of negligence by the contractor.

C. The government will furnish to the contractor a lubrication chart at the start of the operation.

C-5 PERFORMANCE REQUIREMENTS

1. Machine Work – Roller Chopping

All living or dead vegetation less than 12” diameter at a point 4 1/2 feet above ground are to be uprooted or knocked down, leveled and crushed, and chopped sufficiently to kill. Certain trees that are beneficial to wildlife and visual resources, as designated on the project map, shall not be knocked down. Roller chopper will be filled with water once on site by the Forest Service. Contractor will make arrangements with the Forest Service prior to beginning work to fill roller chopper with water.

2. Machine Work – Spot Scarification

Spot Scarification shall be accomplished by using a Bracke Scarifier, furnished by the government. Strips or passes shall be 8 feet apart, except where clumps of standing or down trees or other obstructions do not allow passage of the cultivating equipment. Do not exceed a speed of 2.57 miles per hour. This will throw off the 8ft x 6ft spacing.

Cultivator scalp depth shall be a minimum necessary to remove competing vegetation and expose mineral soil.

Deviations from spacing and depth requirements may be authorized by the Contracting Officer’s Representative.

Certain trees that are beneficial to wildlife and visual resources, as designated on the project map, shall not be cut.

C.6 SPECIAL CONDITIONS

Such conditions that apply for this section are noted on each area map. All roads leading to or in each area to be worked are to be kept open and free of any debris that may occur as a result of the work. All existing roads used by the contractor will be left in the same condition, or better, as when the operations started. The contractor shall be responsible for returning roads to this condition. The contractor and Contracting Officer’s Representative will together map and describe conditions on existing roads in advance of use in order to provide a basis for maintenance needs that might result.

C.7 PROTECTION OF LAND SURVEY MONUMENTS

The contractor shall protect all known survey monuments, witness corners, reference monuments, and bearing trees against avoidable destruction, obliterating, or damage during contractor’s operations. These will be shown to the contractor on the ground by the Contracting Officer’s Representative or his inspector.

C.8 SALVAGE PRIVILEGES

To obtain salvage privileges, contractor must submit a written request to the Contracting Officer. Upon receipt of approval, the contractor may assume salvage privileges of all trees designated to be treated within the boundaries of the project work area. Trees to be treated under the terms of this contract will become the property of the contractor. All new road locations for the purpose of removing salvage shall be approved in advance by the Contracting Officer or his or her Representative. All wood to be cut and removed under these salvage privileges shall be removed prior to the contract expiration date, unless otherwise approved in writing by the Contracting Officer. Salvage logging shall be conducted according to the following requirements:

1) Felled trees shall be removed from all roads, streams, utility lines, and private property.

2) The use of tractors or wheeled skidders may be allowed after written Authorization and approval by the Contracting Officer is granted.

3) The decking of forest products within 50 feet of the ditch bank and the skidding material along the cross-section of any graded road currently maintained by the

Forest Service, or by the County, Federal or State Government will not be permitted. This is to provide for public safety and to minimize road damage.

4) Location of main skid roads and trails and skidding of tree length logs will be Permitted only in designated skidding lanes or other locations as approved by the Contracting Officer’s Representative. This is to minimize the damage to remaining trees or regenerating stems.

5) Salvage operations will be suspended during periods of extreme cold or wet Weather as determined by the Contracting Officer’s Representative.

C.9 RESOURCE PROTECTION

1. Protection of streams, lakes, and riparian areas

The contractor shall take every precaution to prevent pollution from fuels, oils, chemicals, silt or other harmful materials of any stream, lake, or riparian area located in or near the contract areas. All streams shall be kept free of contractor-generated debris.

2. Protection of Archeological/Historical Resources

The contractor, upon discovery of suspected archaeological or historical materials, shall cease work in the vicinity of such material and immediately notify the Contracting Officer Representative.

3. Protection of Improvements

The contractor shall take every precaution to prevent damage to any improvement in contact areas such as roads, trails, ditches, fences, etc. Roads and trails shall be kept free from slash and debris. Any road or trail damaged by the contractor’s operation shall be promptly repaired by the contractor.

4. Debris Disposal

All gas and oil cans or other debris generated by the contractor during this contract shall be removed from Forest Service land as work progresses.

SECTION E-INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

(a) All equipment furnished by the contractor will be inspected prior to start of work to insure compliance with the specifications.

(b) Inspections may be made anytime after the start of work. The contractor shall take prompt corrective action for any deficiencies or deviations that may occur under this contract.

(c) The contractor shall notify the Contracting Officer’s Representative (COR) when each area is complete and ready for final inspection. Upon notification, a mutually agreed date for inspection will be arranged.

(d) Any government-furnished property will be inspected by the government and the contractor prior to use by the contractor and upon completion of the contract.

SECTION F-DELIVERIES PERFORMACE

F.2 CONTRACT TIME

Contract time will be 180 calendar days and will begin on the effective date of the Notice to Proceed, which is estimated to be approximately June 15, 2023. Work shall begin within 10 calendar days of the effective date of the Notice to Proceed, unless otherwise agreed to by the Contracting Officer.

SECTION G- CONTRACT ADMINISTRATION DATA

G.1 GOVERNMENT – FURNISHED PROPERTY

(a) The government will provide the following items of government property to the contractor for use in the performance of this contract. The property shall be used and maintained by the contractor in accordance with the provisions of the “Government-Furnished Property” clause referenced in Section 1.

1. Marden Single Drum Rolling Chopper (approx. 6 tons empty or 13 tons full)

2. Bracke Scarifier

(b) The property is located at the Lakewood Ranger District and will be trailered back to same pick-up point.

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (NOV 2021) (Provision) Addenda to provision 52.212-1:

Addenda to paragraph 52.212-1(b) Submission of Offers:

1) Offerors must have an active entity registration in the System for Award

Management in order to submit an offer. https://www.sam.gov/SAM/.

2) Offerors are advised to ensure their SAM.gov 52.212-3, Offeror

Representations and Certifications-Commercial Products and Commercial Services is complete.

3) Offers submitted in response to this solicitation shall include a technical capability, past performance information, and a price in their proposal.

FACTOR I - TECHNICAL CAPABILITY – Provide a proposal demonstrating your firm’s capability for performing the services required within the performance work statement (PWS); address the following criteria:

1. Sub-Factor 1 – Capability Statement: Provide a brief explanation of your capability to accomplish this work. Include a description of the work you plan to subcontract out.

FACTOR II – PAST PERFORMANCE. – The Past Performance evaluation will be accomplished by reviewing aspects of an Offeror's recent and relevant Past Performance, focusing on and targeting performance which is relevant to the effort as it directly relates to the work being procured under this solicitation and as defined in Addendum to FAR 52.212-2 Evaluation – Commercial Items.

• The offeror shall include documentation regarding their relevant past performance as it directly relates to the work being procured under this solicitation. The offeror SHALL NOT go back any farther than 3 years for the submitted data. The past performance data shall document a successful history of past contract performance.

• Relevant Past Performance: Submit a short narrative providing details of the experience the firm has (either as a prime or sub-contractor) performing work similar in nature, scope, and geographical conditions. Offerors may include project photos or other information related to experience and capability – including contact information for each project. Proposals should describe your firm’s/crew’s experience.

12363N23Q4180 Chequamegon-Nicolet NF Lakewood/Laona RD Mechanical Site Prep https://www.sam.gov/SAM/

• In conducting the Past Performance evaluation, the Government reserves the right to use both the information provided in the offeror’s Past Performance submission and information obtained from other sources, such as the Past Performance Information Retrieval System (PPIRS) or similar systems, The Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov, and commercial sources. Offerors are reminded that both independent data and data provided by offerors in their offers may be used by the Government to evaluate offeror past performance. However, the burden of providing thorough, complete, and current past performance information as requested in this paragraph remains with the offerors. Offers that do not contain the information requested by this paragraph risk receiving an unacceptable performance rating by the Government. The overall past performance evaluation is a subjective decision based on the whole of all data received. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

Submission Requirements. The offeror shall provide documentation outlining the offeror’s past performance with contracts, as a prime or major subcontractor, which is the same or similar in nature, size, and complexity to the services being procured under this Solicitation. The submittal shall include rationale supporting your assertion of relevance and how it was determined that the work performed previously was the same or similar in nature, size, and complexity to the work specified by this solicitation.

FACTOR III - PRICE – Include the following: 1) the completed price schedule contained in section v of this solicitation.

Acknowledge any amendments issued on sam.gov for this solicitation by completing and signing the posted SF-30.

The Government reserves the right to require the submission of Other Than Certified Cost or Pricing Data as is deemed necessary to arrive at a fair and reasonable price.

4) Submit offers by email to cynthia.horwitz@usda.gov and so that they are delivered into this inbox by the due date and time. Emails should contain

12363N23Q4180 Chequamegon-Nicolet NF Lakewood/Laona RD Mechanical Site Prep https://www.cpars.gov/ mailto:cynthia.horwitz@usda.gov

3 separate attachments (Technical Proposal, Past Performance, and Price Proposal) in Microsoft Word or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer.

5) Address questions about this solicitation to Contract Specialist: Cynthia Horwitz, cynthia.horwitz@usda.gov All questions shall be submitted no later than 12:00p.m. Central Time 5/25/2023 .

52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) (Provision)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered, price being the primary criteria. The following factors shall be used to evaluate offers:

1. FACTOR I – Technical Capability

2. FACTOR II – Past Performance

3. FACTOR III – Price

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

ADDENDUM to 52.212-2 Commercial Items

1. BASIS FOR AWARD AND EVALUATION CRITERIA

A. BASIS FOR CONTRACT AWARD

1. This is a best value source selection conducted in accordance with

Federal Acquisition Regulation (FAR) PART 12, Acquisition of Commercial Items. Award will be made to a single offeror who is deemed responsible in accordance with the FAR, whose offer conforms to the solicitation requirements, and whose offer, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, is the most advantageous to the Government.

2. The government reserves the right to conduct a price realism analysis at any point during the evaluation process. The Government will evaluate prices for reasonableness using adequate competition and price analysis techniques.

2. AWARD FOR ALL THE WORK. The government intends on awarding a single firm fixed price contract.

12363N23Q4180 Chequamegon-Nicolet NF Lakewood/Laona RD Mechanical Site Prep

3. EVALUATION CRITERIA.

A. Evaluation criteria consist of factors and sub-factors. The offers will be evaluated under three evaluation factors and three sub-factors

1. FACTOR I – TECHINCAL CAPABILITY

2. FACTOR II - PAST PERFORMANCE

3. FACTOR III – PRICE

B. FACTOR I – TECHNICAL CAPABILITY. The Government will evaluate the degree to which your proposal demonstrates capability to perform services required by the Performance Work Statement (PWS); including the following criteria:

Table A-1. Technically Acceptable/Unacceptable Ratings

Rating Description

Acceptable Offer clearly meets the minimum requirements of the solicitation.

Unacceptable Offer does not clearly meet the minimum requirements of the solicitation.

C. FACTOR II - PAST PERFORMANCE. The Past Performance evaluation will assess the relative risks associated with an offeror’s likelihood of success in performing the solicitation’s requirements as indicated by that offeror’s record of past performance. Performance risk is assessed at the factor level after evaluating aspects of the offeror’s recent past performance and focusing on performance that is relevant to the services being procured under this solicitation. Past performance areas of evaluation include:

Quality of Service Timeliness of Performance Business Practices Customer Satisfaction Personnel

(1) Recency Assessment. An assessment of the past performance information will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past three (3) years from the date of issuance of this solicitation. Past performance information that fails this condition will not be evaluated.

(2) Relevancy Assessment. To be relevant, the effort must be of similar nature in geographic setting/area, work, size, magnitude, complexity and scope. The Government will conduct an in-depth evaluation of all recent performance information obtained to determine if it is the same or similar in nature, size, and complexity to the services/products being procured under this solicitation.

(3) Assigning Ratings. The Past Performance Factor will be assigned one of the ratings defined below. An award will not be made to any offeror who receives an “Unacceptable” past performance rating.

(4) Offerors without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, will not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

D. FACTOR III - PRICE. Price is not formally scored but is the primary evaluation factor for determining award. The government expects competitive offers to be submitted for this procurement and will use these competitive offers to determine price reasonableness. If competitive offers are not received, the Government reserves the right to utilize other methods identified in the FAR to determine price reasonableness.

(1) Completeness. Each offeror is required to provide complete pricing for each contract line identified.

(2) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.

Evaluation of options shall not obligate the Government to exercise the options(s).

(3) The Government will evaluate the option contained in clause 52.217-8

– Option to Extend Services by adding to the total price one half the amount of the final year's option price (base year if no options).

Evaluation of this option shall not obligate the Government to exercise this option. The offeror shall not include pricing for this option period on their offer.

Table A-2. Relevant Past Performance Evaluation Ratings Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

(4) The Government will evaluate the option contained in clause 52.217-5, Evaluation of Options by adding the total price of the base plus option item(s). Evaluation of this/these option(s) shall not obligate the Government to exercise the option(s).

Definitions.

Reasonableness. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business.

Completeness/Accuracy. The offeror is in compliance with the Schedule of Items contained within the solicitation.

Contract Clauses and Provisions

The following clauses and provisions apply to this acquisition:

This acquisition incorporates one or more clauses and provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address:

• http://acquisition.gov/comp/far/index.html.

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2021)

Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in

DEVIATION 2017-1 (AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

52.212-5 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2021) (DEVIATION JUL 2020)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

12363N23Q4180 Chequamegon-Nicolet NF Lakewood/Laona RD Mechanical Site Prep http://acquisition.gov/comp/far/index.html

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws

108-77 and 108-78 (19 U.S.C. 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 products and commercial services:

☒ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☒ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

☒ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021)

(15 U.S.C. 632(a)(2)).

☒ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☒ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)

(DEVIATION JUL 2020) (E.O.13126).

☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

☒ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

☒ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

☒ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☒ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter

78 and E.O. 13627).

☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (Jun 2020) (E.O. 13513).

☒ (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

☒ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

(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 products and commercial services:

Contracting Officer check as appropriate.] ☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29

U.S.C. 206 and 41 U.S.C. chapter 67).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

☒ 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts).

☒ 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☒ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract.

If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form.

This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and

(d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or

12363N23Q4180 Chequamegon-Nicolet NF Lakewood/Laona RD Mechanical Site Prep http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L.

115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C.

chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C.

chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Nov 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017)

(E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the

United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

Additional Requirements/Terms and Conditions:

FAR and AGAR Clauses:

Clauses Incorporated by reference:

52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) (DEVIATION APR 2020) (31 USC 3903 and 10

USC 2307)

52.236-2 Differing Site Conditions (APR 1984) 52.237-1 Site Visit (APR 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation

(APR 1984)

52.242-14 Suspension of Work. (APR 1984) 52.242-15 Stop Work Order (Aug 1989) 52.242-17 Government Delay of Work (Apr 1984) 452.236-73 Archaeological and Historic Sites (Feb. 1988) 452.236-72 Use of Premises (NOV 1996)

Clauses by Full text:

52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months.

The Contracting Officer may exercise the option by written notice to the Contractor within 10 days of contract expiration.

52.217-9 Option to Extend the Term of the Contract. (MAR 2000) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. If the Government exercises this option, the extended contract shall be considered to include this option clause. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.204-70 Modification for Contract Closeout (OCT 2021) Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation.

The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract

12363N23Q4180 Chequamegon-Nicolet NF Lakewood/Laona RD Mechanical Site Prep https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

FAR and AGAR Provisions:

Provisions Incorporated by reference:

52.204-7 System for Award Management (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020) FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items. (NOV 2021)(Deviation Jul 2020) 52.217-5 Evaluation of Options (July 1990)

Provisions by Full Text:

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to provisions may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.252-5 Authorized Deviations in Provisions (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Agriculture Acquisition Regulation (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Additional Terms and Conditions to the Contract: Not applicable

Date, Time, and Place Offers are due: Offers are due via email.

12363N23Q4180 Chequamegon-Nicolet NF Lakewood/Laona RD Mechanical Site Prep https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

12:00p.m. Central Time June 2, 2022 – to Contract Specialist: Cynthia Horwitz at cynthia.horwitz@usda.gov and Contracting Officer:

Government Point of Contact :

Cynthia Horwitz – Contract Specialist: cynthia.horwitz@usda.gov

12363N23Q4180 Chequamegon-Nicolet NF Lakewood/Laona RD Mechanical Site Prep

Site Prep Area Map Chequamegon-Nicolet National Forest

Lakewood/Laona Ranger District Area LKLN 1-1 thru 1-8

FY '23 Item 1 Oconto County, WI Compartments 4060, 4079, 4091, 4096, 0 2.5 5 7.5 101.25 Miles

³

Mountain

Area: LKLN 1-1 thru 1-8 Acres: 109 Site Prep: Double Roller Chop (109 acres) Bracke Scarifty (109 acres)

LKLN Area 1-5 & 1-6

LKLN Area 1-8

County Hwy W

Hwy 32

LKLN Area 1-2 thru 1-4

LKLN Area 1-7

LKLN Area 1-1

County H wy W

Hwy 32

Hwy 64

Hwy 64

Legend

Towns^ Site Prep Areas

Major Roads

Lakewood/Laona Ranger District Area LKLN 1-5 & 1-6

FY '23 Item 1 T31N, R17E, Sec 26 & 35

Oconto County, WI Compartment 4096

Stand 14 & 16

0 0.25 0.5 0.75 10.125 Miles

³ Jac k P ine R d

Legend Site Prep Units Nat'l Forest Other Ownership Roads Streams

Area: LKLN 1-5 & 1-6 Acres: 1-5 (27), 1-6 (9) Site Prep: Double Roller Chop (36 acres) Bracke Scarrify (36 acres) Supplemental Information:

Access: 4x2 Leave all marked trees Do not enter protected areas Do not site prep roads

LKLN Area 1-6

LKLN Area 1-5

FR 2973

FR 2301F

FD

R2

8B

FD

R2

8C

Site Prep Area Map Chequamegon-Nicolet National Forest

Lakewood/Laona Ranger District Area LKLN 1-2 thru 1-4

FY '23 Item 1 T31N, R17E, Sec 19 & 30

Oconto County, WI Compartment 4091

Stand 6 & 7

0 0.25 0.5 0.75 10.125 Miles

³

LKLN Area 1-2 FR

B

Legend Site Prep Units Nat'l Forest Other Ownership Roads Streams

Area: LKLN 1-2 thru 1-4 Acres: 1-2 (22), 1-3 (14), 1-4 (13) Site Prep: Double Roller Chop (49 acres) Bracke Scarrify (49 acres) Supplemental Information:

Access: 4x2 Leave all marked trees Do not enter protected areas Do not site prep roads

LKLN Area 1-3

LKLN Area 1-4

FR 2308BB

Lakewood/Laona Ranger District Area LKLN 1-1 FY '23 Item 1

T31N, R16E, Sec 15 Oconto County, WI

Compartment 4169 Stand 1

0 0.2 0.4 0.6 0.80.1 Miles

³

LKLN Area 1-1Cty Hwy W

FR 2633

Legend Site Prep Units Nat'l Forest Other Ownership Roads Streams

Area: LKLN 1-1 Acres: 1-1 (8) Site Prep: Double Roller Chop (8 acres) Bracke Scarrify (8 acres) Supplemental Information:

Access: 4x2 Leave all marked trees Do not enter protected areas Do not site prep roads

Lakewood/Laona Ranger District Area LKLN 1-8 FY '23 Item 1

T32N, R16E, Sec 26 Oconto County, WI

Compartment 4060 Stand 15

0 0.15 0.3 0.45 0.60.075 Miles

³

Su nri se La ke Rd

Legend Site Prep Units Nat'l Forest Other Ownership Roads

Area: LKLN 1-8 Acres: 1-8 (8) Site Prep: Double Roller Chop (8 acres) Bracke Scarrify (8 acres) Supplemental Information:

Access: 4x2 Leave all marked trees Do not enter protected areas Do not site prep roads

LKLN Area 1-8

FR

A

Ol d 3

2 R d

Lakewood/Laona Ranger District Area LKLN 1-7 FY '23 Item 1

T31N, R17E, Sec 6 Oconto County, WI

Compartment 4079 Stand 2

0 0.2 0.4 0.6 0.80.1 Miles

³

Cty Hwy W

Bear Paw Rd

Legend Site Prep Units Nat'l Forest Other Ownership Roads Streams

Area: LKLN 1-7 Acres: 1-7 (8) Site Prep: Double Roller Chop (8 acres) Bracke Scarrify (8 acres) Supplemental Information:

Access: 4x2 Leave all marked trees Do not enter protected areas Do not site prep roads

LKLN Area 1-7

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