12363N25Q4158 Allegheny NF Manual Site Prep complete.pdf

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

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

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-04.

(iv) This procurement is set aside for 8(a) businesses. The NAICS code is 115310 and the Small Business Size Standard is $11.5 million.

(v) Schedule of Items/Price Schedule

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

2. This is a Performance Based Service Contract. Please note incentives and disincentives under Inspection Methods in Section E.

Schedule of Items

Item: Bradford Ranger District

Task # Task Description Acres Price/Acre Total Price

1' + 6" = Cut all undesirable vegetation

1 foot and taller up to 6" DBH 1119

1' + 6" = Cut all undesirable vegetation 1 foot and taller up to 6" DBH and lop and Scatter materials 87

5' + 6"= Cut all undesirable vegetation

5 foot and taller up to 6" DBH 0

5' + 6" = Cut all undesirable vegetation 5 foot and taller up to 6" DBH and lop and Scatter materials 0

1' + 10" = Cut all undesirable vegetation

1 foot and taller up to 10" DBH 425

1' + 10" = Cut all undesirable vegetation 1 foot and taller up to 10" DBH and lop and

Scatter materials 0

5' + 10"= Cut all undesirable vegetation

5 foot and taller up to 10" DBH 0

5' + 10" = Cut all undesirable vegetation 5 foot and taller up to 10" DBH and lop and

Scatter materials 0

1631 Total:

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2025 BRD MANUAL SITE PREPARATION

TOTAL PRICE

GRAND TOTAL $

VARIATION IN QUANTITY

Although the quantities listed in the schedule are the Government’s best estimate of the acreage to be treated quantities may vary plus or minus 10% with no increase or decrease in unit pricing. If the quantity varies more than 10% above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 110% or below 90% of the estimated quantity. No increase in time will be allowed.

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

Allegheny National Forest Bradford Ranger District Pennsylvania

Date and time needed

Date of Award through November 17, 2025

**MUST HAVE ALL INFO BELOW**

Company Name:

Vendor Rep:

Phone:

Email:

Mailing Address:

UEI SAM #

OFFERS DUE August 5, 2025 at 11:00 am Eastern Time

b) One award will be made from this solicitation, contractors must submit pricing for all items.

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(vi) Description of Requirement (including a list of any attachments)

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

AGAR 452.211-73 Attachments To Statement Of Work/Specifications (FEB 1988)

DIVISION 100 - GENERAL SPECIFICATIONS

100 - SCOPE OF CONTRACT

A) The objective of this contract is to have site preparation (felling work using approved equipment such as chainsaws, brush cutters or other hand tools) and any resulting required slash disposal work accomplished in designated units on the Bradford Ranger District of the Allegheny National Forest.

The Bradford Ranger District is located south of the New York State line, north of Route 666 and bordered by the Allegheny River to the west and US 219 to the east.

B) This solicitation requires tree felling, slash treatment, and related work in compliance with its terms, specifications, and provisions. The work will occur in forested units that may vary in tree size and densities. The work sometimes follows a timber harvest and may require working in logging slash. The dense stocking and/or slash can impede walking and working with chainsaw or brush cutting equipment. Contract work in some project units will result in large numbers of undesirable stems being felled. The contractor shall furnish operating supplies, tools, labor, equipment, transportation, supervision, and incidentals needed to successfully complete the units.

110 – ACCESS

Project units may be reached by Forest Roads that are accessible by standard pickup during the normal working season. There may be some units which may require foot travel for access. The Government assumes no obligation to plow snow or do special maintenance to keep roads open. (In instances of severe blowdown blocking road access, the Forest Service shall be notified.) The Contractor is responsible for any damage caused by their operations.

Some project units may be on a gated road and require signing out a key with the Contracting Officer’s Representative (COR). Keys will be made available to successful offerors at the post award prework meeting.

111- IDENTIFICATION OF PROJECT

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

12363N25Q4158 Allegheny NF Bradford RD Manual Site Preparation Page 3 of 58 which the fence will be the boundary and protected areas will be flagged on the interior of the fence. (In some cases, fence perimeters may not be the boundary. Those units will have special instructions addressed on the unit map and in the Project Specification Table.

Units will be identified by orange cards with Project Title & Unit number(s) identified, see card example below. All cards will be read, ensured they are at the correct location and initialed by the Contractor or Contractor’s Representative (CR) prior to starting work in the unit. This is to ensure that contractor is at correct unit.

Example of Project/Unit identification card. The contractor must sign to acknowledge they are at a correct unit prior to start of project work:

120 – SAFETY

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

The contractor is required to follow all applicable OSHA standards while working on the job site. In addition, the successful contractor and employees are required to wear and use the following personal protective safety equipment/clothing to include a hardhat, leg and foot protection, ear protection, eye protection and hand protection while working the project.

130 – NOTIFICATION

The Contractor is required to keep the COR currently informed of their work schedule and physical location of their work force to permit ready location and timely inspection of accomplished work. The contractor shall also notify the contracting officer at least weekly of the progress being attained on this project. This notification can be either e-mail, oral or written.

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DIVISION 200 - TECHNICAL SPECIFICATIONS

200 – SPECIES REQUIRING TREATMENT

201- Desirable Species: The following desirable species are to be protected: All oak species, yellow poplar, cucumber, white ash, red maple, sugar maple, black cherry, basswood, all hickory species, butternut, American chestnut, black walnut, red pine, white pine, and hemlock. Care shall be taken to not damage or cut Desirable Species, unless otherwise noted in the Project Specification table by the COR.

202- Vegetation to be cut:

1) Striped Maple (Acer pensylvanicum): All live Striped Maple of any diameter which is taller than 1foot in height shall be felled and completely severed from the stump.

2) American Beech (Fagus grandifolia): All live beech taller than 1 foot in height and less than 6.0 inches in diameter at a point 4.5 feet (breast height) above the ground shall be felled and completely severed from the stump.

3) Pin (Fire) Cherry (Prunus pensylvanica): All live Pin Cherry of any diameter which is taller than 1 foot in height shall be felled and completely severed from the stump.

4) Black (Sweet) Birch (Betula lenta) and Yellow Birch (Betula alleghaniensis): All live birch taller than 1 foot in height and less than 6.0 inches in diameter at a point 4.5 feet (breast height) above the ground shall be felled and completely severed from the stump. (Follow above instructions, unless otherwise informed by the COR or designated on the task order project specifications table.)

5) Blue Beech (Carpinus caroliniana) and Ironwood (Ostrya virginiana): All live Blue beech and Ironwood of any diameter which is taller than 1 foot in height shall be felled and completely severed from the stump. (Follow above instructions, unless otherwise informed by the COR or designated on the task order project specifications table.)

6) Other Competing Tree Species: Other live tree species may be identified in an individual Task Order to be cut.

7) Non Native Invasive Species (NNIS): All NNIS greater than 1 foot in height encountered inside the contract area boundary must be completely severed from the stump within 6 inches of the ground. NNIS species include: Amur honeysuckle, Autumn olive, Bell’s honeysuckle, Marrow’s honeysuckle, Tartarian honeysuckle, Oriental bittersweet, Tree of Heaven, Multiflora rose, Border privet, Common barberry, Japanese barberry, Common buckthorn, Common privet, European privet, Glossy buckthorn, Japanese Barberry, and Winged euonymus.

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Note: 1) There may be minor changes to these species in certain units (ie: no birch cut in a particular unit or red maple to be cut in a unit). Any changes that apply to specific units will be identified in the Project Specification Table. 2) There may be units where we cut competing vegetation only if it is 5 foot or higher (as opposed to 1 foot or higher). These units will be identified by their task number which is detailed in the project specifications table.

210 - STUMP HEIGHTS

Stump heights shall be a maximum of 6 inches, unless designated in writing by the COR. Stump sprouts (multiple stems) will be cut as close to the ground as possible. Stumps will be cut in a manner which results in a flat (parallel with the ground) surface. Angular stump cuts will not be allowed.

220 - BOUNDARY TREES

Boundary trees are not to be felled unless specified by the COR. Unit boundary trees are usually marked with an orange painted 3 stripe on the trees. Flagging may also be utilized to indicate the boundary of the project unit. The flagging will usually be orange; however, in some cases the flagging may be a different color. If a different color is used it will be addressed by the COR in the project specification table.

Trees attached to fences and any stems on a red blazed FS property boundary line are not to be felled.

230 – SPECIAL REQUIREMENTS

231 - Other trees marked with marking paint, unit boundary flagging, enclosed in tree shelters, or attached to fencing shall not be felled unless otherwise indicated by the COR.

232- Only live trees will be cut; all snags encountered will be retained unless they are a hazard to contractor safety.

233 - Lodged (hung up trees) shall be pulled or cut down to meet slash disposal requirements as discussed in section 240, 241 & 242.

240 - SLASH DISPOSAL

All units will be treated without lopping unless indicated with the appropriate Task Number on the project specification table. Felled slash shall be removed from recreational trail and private land. Felled slash shall be removed from pipelines, powerlines, well openings, ditch lines, ditch banks, maintenance trails, fence maintenance trails, fences, stream courses, seep, forest roads, oil/gas roads and historic railroad grades unless otherwise approved by the COR.

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There may be units in the contract where the slash disposal may be a specified distance from an improvement (trail, road, pipeline, etc.). All of these units will be identified in the project specification table.

241 – Slash disposal without lopping –

Slash shall be placed on or near the ground surface, so that it will not lean against or be suspended by an uncut tree or deer fencing. Do not pile cut trees or brush on top of desirable trees.

All preferred species trees will be released from all slash so they are standing straight up on their own.

242 – Slash disposal with Lopping –

All slash will be lopped/cut down to three feet from the ground surface.

All preferred species will be released from all slash so they are standing straight up on their own.

No slash shall be left hanging in trees and will be laid horizontal to the ground to within three feet of the ground.

250 - PROTECTION, USE, AND MAINTENANCE OF IMPROVEMENTS

Cut trees shall be felled and pulled away from pipelines, oil, gas and mineral development, wells, power lines, trails, fences, survey monuments, roads, streams, and any other improvements that may be designated by the COR. If such improvements are damaged by Contractor's Operations, Contractor shall restore them to conditions existing prior to damage.

260 – MEASUREMENT

261 - Measurement - The acreages have been measured on a horizontal plane within the established boundaries. All unit boundaries have been established using GPS technology.

262 - Remeasurement – If the Contractor feels there may be an error in measurement, they may at any time after award request remeasurement of any treatment unit. The request shall be made in writing. Remeasurement will be made on the established unit boundaries. If remeasurement indicates a variance of 10 percent or less, the Contractor shall bear the cost of remeasurement and payment will be based on the original acreage. If remeasurement indicates a variance greater than 10 percent, payment will be based on the remeasured acreage and the Government will incur the cost of remeasurement.

270 – RESERVE AREAS

Reserve Areas are exclusions within the unit boundaries that are uncut. These areas are generally designated with white three-striped paint. No trees shall be cut within these reserve

12363N25Q4158 Allegheny NF Bradford RD Manual Site Preparation Page 7 of 58 areas unless they are an invasive species. Any invasive species found within the reserve area boundary shall be cut! In rare instances a COR may require additional stems to be cut in a reserve area. Those instances will be addressed on the project specification table. All reserve areas shall be included in the total unit acreage unless otherwise noted.

290 - PROGRESSION OF WORK

A contractor will only work on one unit at a time unless they have multiple complete crews then they can work on other units after informing COR. Work has to be completed in one unit before leaving to work on another.

There may be instances when some units may be identified by the COR to be worked and completed during a specific time or in a specific order. Those units will be designated on the project specification table, or at the prework conference.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

FAR 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):

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

INSPECTION RECORDS

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

INSPECTION METHODS

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

PERFORMANCE-BASED SERVICE CONTRACT (PBSC) REQUIREMENTS

Performance based disincentives apply to the Government’s inspections for contract noncompliance.

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Inspection will be in accordance with the standards indicated in Specification Section 200 and will be accomplished by either the COR or Government Technical Monitor (GTM).

Disincentive If the contractor requests a final inspection on a unit and it fails the initial inspection, there will be no disincentive. If failing an initial inspection becomes repetitive (more than 3 instances) and units consistently fail the initial final inspection, the COR may request a 10% reduction to the total payment of the units that fail initial inspection.

If a Contractor has to be sent back a third time to fix or correct issues on a specific unit. The contractor shall incur a 25% reduction in the payment for the unit. Each subsequent failure will result in an additional 10% reduction in payment.

If a unit has between 10% and 50% of preferred species cut down, there will be a 25% reduction in the total payment for that unit. If one unit has greater than 50% of preferred species cut down, there will be a 90% reduction in the unit payment.

If the period of performance laid out in AGAR 452.211-74 Period of Performance. (Feb 1988) are not met, a disincentive of 5% of the total contract award price will be deducted at each timeline missed. A total disincentive of 15% of the total contract award price can be applied if timelines are not met.

QUALITY ASSURANCE PLAN

Areas to be Inspected

Each Project Area will be inspected as a separately. Areas will not be averaged with other areas for acceptance and payment. Each area inspection will consist of a well-distributed series of plots sufficient to yield at least a 1%-sample for each unit. Plot centers will be marked and numbered.

Throughout the contract period, the COR/Inspector will also be accomplishing non-PBSC inspections of work performed; however, this will not be considered in regards to PBSC-evaluation.

Inspection Procedures The COR/Inspector will inspect each of the project acres, in accordance with specification Division 200.

Definitions

Desirables: tree species that should not be felled as described in Sections 201-Desireable Species, 220-Boundary Trees, and 231-Other Marked Trees.

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Undesirables: tree species as indicated in specifications section 202-Vegetation to be cut, as well as stumps indicated in specification section 210-Stump Heights.

Inspection Criteria

Each plot will be examined to record findings on the following items:

1) Total number of Desirable trees that should remain.

2) Number of Desirable trees that were cut.

3) Number of Undesirable trees remaining.

4) Total percentage of Desirable trees cut.

Total Quality Percentage and Total Percentage of Desirables Cut shall be calculated for the sub-item as follows:

1) Quality Percentage Calculation:

((# of cut desirables) + (# of remaining undesirables))

1.00 - (Total # of desirable trees that should remain) X 100 = Quality %

2) Total % of Desirables Cut:

(Total # of cut desirables) (Tot. # desirables to remain) = % of Desirables Cut

Overall Inspection Calculation

The minimum acceptable Quality Inspection percentage is 90% per area. See disincentives above for performance that falls below acceptable percentages.

The total % of Desirables cut should be less than 10% over the entire unit.

Additional Information

Corrective Actions for Poor or Late Performance: Regardless of any anticipated disincentive that may be issued at the end of, or during the contract period, the Contractor still has the responsibility to remedy all poor and/or late contract performance issues.

Termination for Default: Government issuance of a disincentive for poor contract performance is neither a settlement, nor alternative to a termination for contract default. During the contract period, and prior to any final PBSC determination, the Government may consider the

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Contractor’s poor or late performance as a contract default, and as such, grounds for a contract termination.

Final PBSC Determination: The final PBSC determination is made solely by the Government.

Conformance to Contract Requirements: If any of the work does not conform to contract requirements, the Government can require the Contractor to re-perform the work, at no increase in contract amount.

PBSC Payment/Contract Reduction: Any payment or reduction will be applied to the contract prior to final payment.

End of PBSC Section

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FAR 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):

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-17 Government Delay of Work (APR 1984) AGAR 452.211-74 Period of Performance. (Feb 1988) The period of performance of this contract is from Date of Award through November 17, 2025.

Contract time shall start on the date specified on the Notice to Proceed issued by the Government.

(vii) Date(s)

Period of Performance: Date of Award through November 17 2025

(viii) FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023) (Provision) Addenda to provision FAR 52.212-1:

Addenda to Provision FAR 52.212-1 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) Offers submitted in response to this solicitation shall include a technical proposal, a price proposal, and contractor representations and certifications.

a) Technical Proposal – The technical proposal shall address the evaluation factors in FAR 52.212-2. At a minimum technical proposal shall include:

i) Past Performance – provide a list of similar projects completed by your firm over the past three years. Include a brief description of the project, dollar amount, year completed, and project owner contact information (name, phone, and email). The government may use past performance information from any available source. If a company does not have past performance information available, information may be provided for predecessor companies, key personnel, or subcontractors. In the event that there is no past performance information available, the offeror will receive a neutral rating in this factor.

ii) Technical Capability – Provide a list of equipment and key personnel (with qualifications) that will be used to complete this project.

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b) Price Proposal – Include the following: 1) the completed Schedule of Items from Section B of this solicitation, and 2) acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment(s).

3) Submit offer by email to Cynthia Horwitz at cynthia.horwitz@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 2 separate attachments (Technical Proposal, Price Proposal) in Microsoft Word, 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 from.

4) Address questions about this solicitation to Cynthia Horwitz at cynthia.horwitz@usda.gov.

(End of provision)

(ix) FAR 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. The following factors shall be used to evaluate offers:

1)Technical Capability

2) Past Performance 3)Price

(b) 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.

(End of provision) FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) (Provision)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications

12363N25Q4158 Allegheny NF Bradford RD Manual Site Preparation Page 13 of 58 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/ equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Provision) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at FAR 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at FAR 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at FAR 52.204-26, or in paragraph (v)(2)(ii) of the provision at FAR 52.212-3.

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

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

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

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

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

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

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

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

(d) Representation. The Offeror represents that—

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided;

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

(End of provision)

FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2024) (DEVIATION FEB 2025) (Provision) [If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

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

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

12363N25Q4158 Allegheny NF Bradford RD Manual Site Preparation Page 16 of 58 http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201).

Employment of Eligible Workers - Workforce Certification (Provision) Contractors are required to provide certification under this solicitation in compliance with the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) and Farm Labor Contractor (FLC) Certificate of Registration requirements describing the workforce they will utilize to fulfill the contract requirements under this solicitation and any resulting contract. If the Contractor will supply workers under the H-2B Program, the Contractor is required to provide a copy of the Temporary Employment Certificate issued by DOL.

Subcontractors are bound by the same requirements for licenses and permits under this contract. If a Prime Contractor identifies a Subcontractor as part of their workforce to accomplish the work under this solicitation, the Prime Contractor shall submit the Subcontractor's signed certification with their response to the solicitation.

H-2B Workers: (https://foreignlaborcert.doleta.gov/about.cfm)

Company certifies it will not be utilizing H2B Workers under any resulting contract of this solicitation.

Company will be utilizing H2B Workers (under any resulting contract of this solicitation. Provide a copy of Temporary Employment Certificate.) MSPA Workers:

(http://www.dol.gov/whd/mspa/)

Company certifies it will not be utilizing MSPA workers under any resulting contract of this solicitation.

Certifies has valid FLC certificate of registration. (Attach a copy of current certification.) Authorization includes:

Transporting workers

Driving

Housing workers

Company has applied for a Certificate of Registration on ______________ .

Contractors not currently having obtained a certificate (for each partner, if partnership) will be requested to furnish proof of having obtained a Certificate of Registration prior to award of contract. If the contractor does not provide the required Certi ficate in a reasonable timeframe, the contractor will not be eligible for the contract award.

Partnerships must furnish proof of registration of their assumed business name, if any, with the State of registration.

State of ______________ No.______________ Information about licensing requirements and procedures may be obtained from the following:

I, on behalf of said Company, certify to the above responses.

SIGNATURE: DATE:

PRINTED NAME: TITLE:

12363N25Q4158 Allegheny NF Bradford RD Manual Site Preparation Page 17 of 58 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876 https://foreignlaborcert.doleta.gov/about.cfm http://www.dol.gov/whd/mspa/

(xi) FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2023)

(xii) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (JAN 2025) (DEVIATION

FEB 2025)

(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) FAR 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) FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) FAR 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) FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV

2015).

(5) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

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

(7) FAR 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:

[Contracting Officer check as appropriate.]

☐ (1) FAR 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

☒ (4) FAR 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

☐ (5) FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (6) [Reserved].

☐ (9) FAR 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

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☐ (10) FAR 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115–390, title II)

☐ (11)(i) FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023) (Pub. L. 115–390, title II)

☐ (ii) Alternate I (Dec 2023) of FAR 52.204-30.

☐ (12) FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, or Voluntarily Excluded.

(JAN 2025) (31 U.S.C. 6101 note).

☐ (14) [Reserved].

☐ (17) [Reserved]

☐ (18) (i) FAR 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

☐ (ii) Alternate I (Mar 2020) of FAR 52.219-6.

☐ (ii) Alternate I (Mar 2020) of FAR 52.219-7.

☐ (20) FAR 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).

☐ (23) FAR 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s).

[Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or

☐ By the end of the performance period for each order issued under the contract.

☐ (27) FAR 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

☐ (29) FAR 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

☐ (30) FAR 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

☐ (31) FAR 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

☐ (32) FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126).[[

☐ (33) [Reserved]

☐ (34) [Reserved]

☐ (35) (i) FAR 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (JUL 2014) of FAR 52.222-35.

☐ (36) (i) FAR 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) (29 U.S.C. 793).

☐ (ii) Alternate I (Jul 2014) of FAR 52.222-36.

☐ (37) FAR 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

☐ (38) FAR 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

☐ (39) (i) FAR 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

12363N25Q4158 Allegheny NF Bradford RD Manual Site Preparation Page 19 of 58 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.209-6#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/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.federalregister.gov/executive-order/13126 https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#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/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

☒ (55) FAR 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024) (E.O. 13513).

☐ (59) FAR 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).

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

☒ (63) FAR 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(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:

☐ (1) FAR 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

☐ (2) FAR 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.

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

☐ (3) FAR 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

☐ (7) FAR 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

☐ (8) FAR 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…