12363N23Q4262 RFQ Olympic NF Wildlife Snag Creation.pdf

USDA FOREST SERVICE

Stewardship Branch

Combined Synopsis and Solicitation Request for Quote #12363N23Q4262

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

Title: Olympic National Forest Wildlife Snag Creation Contract Type: Firm Fixed Price Award Type: Purchase Order Award Determination: Best Value Place of Performance: Olympic National Forest - Switch and Six Timber Sale Areas in the East Fork Humptulips River watershed southeast of Quinault, Washington Period of Performance: 8/6/2023 – 11/5/2023

In accordance with FAR Part 13, The USDA Forest Service is issuing a Request for Quote (RFQ) for Wildlife Snag Creation on the Olympic National Forest, Washington.

Quotes will be submitted in accordance with the instructions set forth in this document. Failure to comply with any and/or all of the instructions set forth in this document may result in the offer’s quote not being considered.

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

Woman- Owned SDVOSB Hubzone 8(a)

(Please check all that apply)

NAICS Code: 115310 Size Standard: $11.5 million

Delivery address Olympic National Forest, Switch and Six Timber Sale Areas Date and time needed 8/6/2023 – 11/5/2023

**MUST HAVE ALL INFO BELOW**

Company Name:

Vendor Rep:

Phone:

Email:

Mailing Address:

UEI SAM #

**QUOTES ARE DUE BY: 07/28/2023 by 11:00AM PDT**

12363N23Q4262 RFQ Olympic NF Wildlife Snag Creation Page 1 of 26 http://www.sam.gov/

Attachments 1 Sale Area Map, Six Switch Timber Sale (PDF) 2 Sale Area Map, Switch Timber Sale (PDF)

CONTRACTING OFFICER’S REPRESENTATIVE (COR)

A COR will be designated to represent the Contracting Officer for the duration of this task order. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

Cynthia Horwitz Contract Specialist Forest Service Procurement and Property Services (PPS) E-mail: cynthia.horwitz@usda.gov

Offerors shall quote in accordance with the SOW.

Quotes shall be valid for a minimum of 60 calendar days after submission.

Item Description Quantity U/I Unit Price Extended Price

001- Saw-Topping 100 Each $ 002- High Girdling 100 Each

003- Low Girdling 100 Each

Total $

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1. DESCRIPTION/STATEMENT OF WORK

This project consists of girdling trees and topping trees to improve habitat suitability for cavity-nesting wildlife.

The work will include selecting, climbing, topping trees, and girdling trees; marking and measuring trees;

recording tree locations with a GPS device, and filling out data sheets. The Contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, supplies and incidentals necessary to complete the work required.

2. PROJECT LOCATIONS

Project areas are in the Switch and Six Timber Sale Areas in the East Fork Humptulips River watershed southeast of Quinault, Washington, on Forest Service Roads 2206 and 2281. To access the project area, drive from Highway 101 east on Donkey Creek Road to FS Road 2281 and 2206 and turn left (north). See attached Sale Area Maps. KMZ files may be available to provide to the contractor.

The units to receive treatments are shown in Table 1. The work areas are 2nd-growth coniferous forest that have been commercially thinned. The area is approximately 1000 feet in elevation.

Table 1. Number of groups & trees to be treated, Six and Switch Timber Sales.

TS and Unit Numbers

Approx.

Acres

# groups of trees*

# trees saw-top

# trees high girdle

# trees low girdle

# trees total

Six 44, 44A-G 28 9 9 9 9 27 Six 45, 45A-E 66 22 22 22 22 66 Six 47 5 1 1 1 1 3 Six 6 29 10 10 10 10 30 Six 5, 5A 8 2 2 2 2 6 Switch 20, 20A-E 73 24 24 24 24 72 Switch 21, 21A 33 11 11 11 11 33 Switch 22, 22A-B 36 12 12 12 12 36 Switch 23, 23A 19 6 6 6 6 18 Switch 24 11 3 3 3 3 9

Totals 308 100 100 100 100 300 *Each group has 1 tree high topped, one high girdled, and one low girdled.

3. SPECIFIC WORK REQUIREMENT

Tree Selection

1. Trees selected for treatment shall be between 15 and 29” diameter at breast height (DBH).

2. Trees selected for treatment shall be Douglas-fir, western hemlock or Sitka Spruce.

3. Trees shall not be treated that are within the treatment height plus 50 feet of any open roads (minimum of 100 feet of open road), unless designated by the Government.

4. Any tree within 50 feet from a permanent stream shall not be treated.

5. Selected trees must be either:

a) within unit boundaries, or

b) within 100 feet of the boundaries of units

6. Any tree with the following characteristics shall not be treated:

a) Existing broken tops.

b) Visible cavities or holes.

c) Multiple-topped trees.

d) Spike-topped trees.

e) Obvious Root Rot;

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f) Platforms branch, defined as a horizontal, broad (>4” across) limb or tree structure, such as an area where a limb branches, a deformity such as a dwarf mistletoe broom, or visible stick nest.

g) Any tagged tree, Genetic tree, or designated research tree of any kind.

h) Cultural trees with historic scars, for example, trees with large surface scars where bark was intentionally stripped off.

i) Defects, fire-scars, or mechanical damage.

Distribution and Number of Trees by Treatment

1. The project units shall receive 300 treatments (100 groups of 3 trees each).

2. The treated trees shall be clumped in groups of three. The number of groups and trees in each unit or unit clusters are shown in Table 1.

3. Each tree group shall have:

a) One tree to be saw-topped leaving 2 - 4 live limbs.

b) One tree to be high girdled.

c) One tree to be low girdled.

4. The maximum distance between one treatment (a selected tree) in the group shall be 75 feet. The minimum distance shall be 5 feet.

5. The groups of trees will be distributed evenly as possible throughout the unit or unit cluster (see Tree Selection #5 above).

Treatment Methods

1. Saw-topping will occur at a height at least 50 above ground while leaving 2 to 4 live limbs excluding epicormic branches below the cut. All live limbs and epicormic branches, except the designated 2-4 live limbs, shall be removed. Tops shall be rough cut into the remaining top to mimic a “King's crown,” with a minimum of 6 cuts into the sawn top surface that are a minimum of 6 inches deep.

2. High Girdling will occur at a height of at least 50 feet above ground. The bark and cambium layer shall be removed from a 6-inch wide or greater band completely encircling the trunk of the tree but not deeper than 1 inch into the wood. Limbs below the girdling strip can be removed to facilitate the girdling; however, it is not necessary to remove limbs.

3. Low Girdling will occur at a height of approximately 4.5 feet above the ground. The bark and cambium layer shall be removed from a 6-inch wide or greater band completely encircling the trunk of the tree but not deeper than 1 inch into the wood.

Mark, Measure and Data Recording

1. Tree Marking:

a) Each tree shall be marked with orange tree marking paint near the base of the tree. The mark shall be a painted band at least 3 inches wide completely encircling the tree. In the case of trees receiving low-girdle treatments, the paint shall be below the girdle.

b) For each tree: a "Wildlife Tree” sign (Government furnished) shall be placed immediately above the paint mark using two nails to fasten it securely to the tree. The nails for the signs shall not be pounded into the tree entirely; they shall be left with at least a 1” protrusion and the tags will be pulled outward to rest against the head of the nails. In the case of trees receiving low-girdle treatments, the sign shall be below the girdle.

c) Each tree shall be tagged with Tree ID Number (Government furnished). Place Tree ID number tags with the "Wildlife Tree" sign using one of the same nails as the Wildlife Tree sign.

d) Tree ID numbers on each tree shall correspond to the tree numbers on the data sheets with the data for that tree.

2. Tree Measuring:

a) The contractor shall measure the DBH (diameter at breast height) of each tree.

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b) The contractor shall measure the treatment height of each tree that receives topping or high girdling treatment.

c) For each group of trees, GPS coordinates are recorded in the center of each clump (group of 3 trees).

Record latitude & Longitude coordinates using a GPS device, to an accuracy of between 15 and 24 meters, if possible. Position format: hddd.ddddd° (decimal degrees). Map Datum: NAD 83. If after 15 minutes, an accurate GPS point at the tree cannot be achieved, the contractor will record the azimuth and distance from another GPS point (another treated tree or road access).

3. Data Documentation: Data shall be provided in the form of electronic Excel spreadsheets. GPS Latitude

/ Longitude coordinates can be provided separately as a ".gpx" file or a shapefile.

The following data elements shall be provided for each tree:

a. Name of climbers/ recorder(s).

b. Date of treatment.

c. Timber sale name and unit number.

d. Tree ID number (from tags).

e. Tree species (Douglas-fir, western hemlock, or spruce).

f. Treatment type (topped, high girdle or low girdle).

g. Tree DBH, in inches.

h. Treatment height, in feet, for trees receiving topping or high girdling.

i. Latitude and longitude coordinates in format, hddd.ddddd° (decimal degrees), or azimuth and distance from another GPS point (see above).

j. Notes, such as azimuth and distance taken instead of Lat Long; wildlife observed, or notes that would assist in relocating the trees.

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

1984)

Work shall begin after August 6, 2023. The Contractor shall be required to (a) commence work under this contract within 30 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use no later than November 5, 2023. Between August 6 and September 23, operations will not occur within two hours (before and after) of sunrise and sunset. The time stated for completion shall include final cleanup of the premises.

5. GOVERNMENT FURNISHED PROPERTY:

Description Location Wildlife Tree Signs (300) Olympic National Forest, office to be determined Number Tags (300) Olympic National Forest, office to be determined

6. FAR 52.237-1 SITE VISIT (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

7. CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative(s) (COR). 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

12363N23Q4262 RFQ Olympic NF Wildlife Snag Creation Page 5 of 26 binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in 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 the scope of the contract, the Contractor should so advise the COR. If the COR persists, the Contracting Officer should be notified immediately, preferably in writing if time permits.

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (MAR 2023) Addenda to provision 52.212-1:

Addenda to paragraph (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.

a) FACTOR I - TECHNICAL CAPABILITY – Provide a proposal demonstrating your firm’s capability for performing the services required within the Statement of Work (SOW); address the following criteria:

i) Service Plan. In general terms, describe the method, or combination of methods you plan to utilize to accomplish all work listed in the SOW. At a minimum describe how you will accomplish each Task.

b) FACTOR II – RISK. – The Risk evaluation will be accomplished by reviewing aspects of an Offeror's recent and relevant Past Performance and Experience, 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.

i) Relevant Past Performance: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.

(1) 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.

ii) 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

12363N23Q4262 RFQ Olympic NF Wildlife Snag Creation Page 6 of 26 https://www.sam.gov/SAM/ https://www.cpars.gov/ 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.”

iii) Experience: Experience will be evaluated on the basis of the jobs that the offeror has had similar in nature, scope, and difficulty to the work that the contractor will have to perform under the contract awarded based upon this solicitation. If an offeror has no experience with similar work, the government will evaluate its experience as “None”, which would be an unfavorable assessment.

iv) Submission Requirements. The offeror shall provide documentation outlining the offeror’s past performance and experience 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.

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

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

e) 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 so that they are delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Technical Proposal, Risk, and Price Proposal) in Microsoft Word, Microsoft Excel or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offeror’s responsibility to confirm receipt of the offer.

5) Address questions about this solicitation to

i) Contract Specialist: Cynthia Horwitz, cynthia.horwitz@usda.gov .

ii) All questions shall be submitted no later than July 20, 2023.

6) Addenda to Provision 52.212-1 paragraph (f) Late submissions:

i) Replace (f)(2)(i) with the following:

ii) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition.

(End of Provision)

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

12363N23Q4262 RFQ Olympic NF Wildlife Snag Creation Page 7 of 26 mailto:cynthia.horwitz@usda.gov

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

i) Factors.

(1) FACTOR I – Technical Capability

(2) FACTOR II – Risk

(3) FACTOR III – Price

ii) 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

i) 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.

b) 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 to award a single contract as a result of this solicitation.

3) EVALUATION CRITERIA.

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

i) FACTOR I – GENERAL/TECHINCAL CAPABILITY

(1) Sub-Factor 1: Services Plan

ii) FACTOR II - Risk

iii) FACTOR III - PRICE

a) FACTOR I – TECHNICAL CAPABILITY. The Government will evaluate the degree to which your proposal demonstrates capability to perform services required by the Statement of Work (SOW);

including the following criteria:

(1) Sub-Factor 1: Services Plan. To be determined acceptable the offeror shall:

(a) Provide a Services Plan to perform the tasks outlined in the SOW.

i) Each general/technical capability sub-factor will receive one of the adjectival ratings defined below.

To receive an acceptable rating for this factor, all sub-factors must be rated acceptable.

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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.

b) FACTOR II – RISK The Risk 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 and experience. Performance risk is assessed at the factor level after evaluating aspects of the offeror’s recent past performance and experience and focusing on performance and experience that is relevant to the services being procured under this solicitation. Risk areas of evaluation include:

(1) Quality of Service

(2) Timeliness of Performance

(3) Business Practices

(4) Customer Satisfaction

(5) Personnel

i) Recency Assessment. An assessment of the past performance and experience 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 years from the date of issuance of this solicitation. Past performance information that fails this condition will not be evaluated.

ii) Relevancy Assessment. To be relevant, the effort must be of similar nature in

(1) 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.

(2) 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.

(3) 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.”

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.

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c) 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.

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

ii) 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).

iii) 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.

iv) Definitions.

(1) 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.

(2) Completeness/Accuracy. The offeror is in compliance with the Schedule of Items contained/attached 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.

(x) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (DEC 2022)

(xii) 52.212-5 Contract Terms and Conditions – Commercial Products and Commercial Services (Jun 2023)

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

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

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

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

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

12363N23Q4262 RFQ Olympic NF Wildlife Snag Creation Page 10 of 26 http://acquisition.gov/comp/far/index.html https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 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) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of

Pub. L. 117-328).

☒ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

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

☒ (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2023)( 15 U.S.C. 632(a)(2)).

☒ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☒ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

☒ (33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

☒ (36) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

☒ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O.

13513).

☒ (52) 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).

☒ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (Oct2018) ( 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.

☒ (4) 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ☒ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Jan 2022).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (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.

12363N23Q4262 RFQ Olympic NF Wildlife Snag Creation Page 11 of 26 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_27 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_18 https://www.acquisition.gov/far/part-52#FAR_52_225_13 https://www.acquisition.gov/far/part-52#FAR_52_232_33 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

(v) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vi) 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.

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

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

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

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

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

(xii) 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.

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

(xiv) (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).

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

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(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Jan 2022).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xx) (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) 52.237-1 Site Visit (APR 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.245-1 Government Property (SEP 2021) Alt 1 (APR 2012) 52.245-9 Use and Charges (APR 2012)

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 calendar days.

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)

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(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 closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

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 (NOV 2021) 52.212-3, Offeror Representations and Certifications -- Commercial Items. (DEC 2022)

(DEVIATION DEC 2022)

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

12363N23Q4262 RFQ Olympic NF Wildlife Snag Creation Page 14 of 26 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:

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.

Date, Time, and Place Offers are due July 28, 2023 at 1100 PacificTime via email Government Point of Contact Contracting Officer: cynthia.horwitz@usda.gov

Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04

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