12363N25Q4166 RFQ--.pdf

FOR OFFICIAL USE ONLY

USDA FOREST SERVICE

Stewardship Branch

Combined Synopsis and Solicitation Request for Quote # 12363N25Q4166

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

Title: NZ Animal Damage Control - Deer Caging Contract Type: Firm Fixed Price Award Type: BPA Call Award Determination: Best Value Place of Performance: Monongahela NF Period of Performance: 08/01/2025 – 02/06/2026

In accordance with FAR Part 13, The USDA Forest Service is issuing a Request for Quote (RFQ) for NZ Animal Damage Control - Deer Caging application located on the Monongahela National Forest.

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: 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

Date and time needed

**MUST HAVE ALL INFO BELOW**

Company Name:

Vendor Rep:

Phone:

Email:

Mailing Address:

UEI SAM #

**QUOTES ARE DUE BY: 08/12/2025 by 11:00AM CST**

12363N25Q4166 NZ Animal Damage Control - Deer Caging Page 1 of 32 http://www.sam.gov/

CONTRACTING OFFICER’S REPRESENTATIVE (COR)

A COR will be designated to represent the Contracting Officer for the duration of this task order/BPA Call. 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.

Please contact the COR if you have difficulties setting up the site visit.

Thomas Tran Contracting Officer Forest Service Procurement and Property Services (PPS) E-mail: thomas.tran2@usda.gov

Offerors shall quote in accordance with the SOW. Please provide a price and technical proposal separately.

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

Please label file name by format below:

Company name, price or technical proposal or both and name of project Ex. USDA Price Proposal Government Work

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52.217-8 Option to Extend Services.

The Contracting Officer may exercise the option by written notice to the Contractor within _____ days before the contract expires.

52.217-9 Option to Extend the Term of the Contract. (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within _____ [insert the period of time within which the Contracting Officer may exercise the option];

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _____ days[60days unless a different number of days is inserted] before the contract expires.

The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed ___________ (months) (years).

(End of clause)

The following solicitation provisions apply to this acquisition:

52.212-1, “Instructions to Offerors–Commercial Items” 52.212-2, “Evaluation – Commercial Items” using Best Value 52.212-3, “Offerors Representations and Certifications–Commercial Items”

RETURN TO:

USDA/FS-

ATTN:

Thomas Tran thomas.tran2@usda.gov

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PART 1—THE SCHEDULE

SECTION B—SUPPLIES OR SERVICES AND PRICES/COSTS

Schedule of Items

ITEM

NO DESCRIPTION

ESTIMATED

QUANTITY UNIT

UNIT

PRICE AMOUNT

1 -Caging 136 Acres $__________ $__________

TOTAL BID

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SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

DIVISION 100 - GENERAL SPECIFICATIONS

110 - DESCRIPTION OF WORK

Contractor shall furnish all labor, materials (except for government-furnished property identified in clause 140), supervision, transportation, equipment, supplies, and perform all work necessary for tree cage construction and placement accordance with the specifications, provisions, and clauses of this solicitation and any resultant contract.

This work is necessary to ensure proper regeneration of preferred trees.

120 - LOCATION AND DESCRIPTION

The units are located near Bartow WV. See maps.

130 - BOUNDARIES

Boundaries of all areas are delineated by orange paint on the border trees.

140 - GOVERNMENT FURNISHED PROPERTY

None

DIVISION 200 - TECHNICAL SPECIFICATIONS

210 - TREE CAGEING

In units 14, 25, 27, 28, 29, and 22 tree cages shall be constructed out of 5 foot (60-in.)

tall welded wire. Cages should use a 6-foot long piece of wire and be 2-feet in diameter.

Two fiberglass stakes (3/8-in diameter and 5-feet in length) will be used hold the each cage in place. All planted hardwood seedlings in these units will be caged.

221 - Place cages so seedling is centered in the middle of the cage.

222 - Place cages so they are vertical, so seedling can grow through top the cage.

224 - A total number of 25 of cages per acre will be placed in the unit.

230 - OPERATIONS

231 - The Contractor shall exercise care and caution in all operations to prevent damage to all trees left untreated.

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232 - Any trash resulting from the Contractor's operations must be removed from the area and properly disposed of.

233 - The Contractor shall repair and replace, without any additional cost to the Govern-ment, any erosion control devices, such as water bars and dips, that were damaged.

or destroyed during the operation of this contract. The Contractor shall be responsible for maintaining roads used to access the project areas and for repairing any damage resulting from the operation of this contract.

250 - WORK AREA

Once work has begun on a unit it shall be completed before moving to another unit unless permission is granted to proceed in a different manner by the Contracting Officer (CO). The Contractor will notify the CO before beginning any work.

260 - TERM OF THE CONTRACT

The Contractor will have until May 1 to complete the work.

DIVISION 400 - MEASUREMENT AND PAYMENT

410 - METHOD OF MEASUREMENT

The acreage of the project areas was estimated by Global Positioning System equipment, topographic maps, and aerial photographs. The acreages are determined to be correct for the purposes of this contract.

420 - PAYMENT

Payment will be based upon the number of cages properly constructed and installed.

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STATEMENT OF WORK

Contractor shall construct and install welded wire cages around planted seedlings in timber harvest units. Contractor shall furnish all labor, materials (except for government-furnished property identified in clause 140), supervision, transportation, equipment, supplies, and perform all work necessary for tree cage construction and placement in accordance with the specifications, provisions, and clauses of this solicitation and any resultant contract. This work is necessary to prevent deer browsing and ensure proper regeneration of preferred trees.

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EVALUATION FACTORS FOR AWARD

AWARD DETERMINATION: This solicitation will result in a firm-fixed-price contract. The Government will offer a contract to the Offeror whose proposal results in the best value as determined by the Forest Service.

EVALUATION FACTORS:

(a) The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

Price Past Performance Experience/Qualifications Equipment (When applicable)

1. Price The Offeror’s price will be evaluated to determine if it is fair and reasonable. The Offeror’s total price, including options, will be used for evaluation purposes.

2. Past Performance The Offeror will be evaluated on quality of service, customer satisfaction, business relations and timeliness / responsiveness. A contractor with no relevant past performance history may receive a neutral rating for past performance.

3. Experience/Qualification The Offeror will be evaluated on the experience and qualifications of their company and personnel.

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27 28

¯ 0 1.8 3.6 5.4 7.20.9 Miles

14 33

25 19

27 12

28 23

29 20

22 33

Unit_No Acre

Legend

Roads

FY24cageunits

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27 28

¯ 0 1.8 3.6 5.4 7.20.9 Miles

14 33

25 19

27 12

28 23

29 20

22 33

Unit_No Acre

Legend

FY24cageunits

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ADDENDUM TO FAR 52.212-3

EMPLOYMENT OF ELIGIBLE WORKERS

WORKFORCE CERTIFICATION

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: (http://www.foreignlaborcert.doleta.gov/) [ ] 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 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 prior to award of contract. Partnerships must furnish proof of registration of their assumed business name, if any, with the State of registration.

State of ______________ No.______________

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

(Signature) (Date)

(Printed Name) (Title)

END of ADDENDUM TO FAR 52.212-3

12363N25Q4166 NZ Animal Damage Control - Deer Caging Page 11 of 32 http://www.foreignlaborcert.doleta.gov/ http://www.dol.gov/whd/mspa/

MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT

(MSPA)

https://www.dol.gov/agencies/whd/agriculture/mspa

This attachment shall be incorporated into any BPA Call that employs MSPA-protected employees.

Employment of Eligible Workers

1. General

This contract is subject to the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 United States Code (U.S.C) 1801-1872, and to the U.S. Department of Labor (DOL) regulations implementing MSPA 29 Code of Federal Regulations (CFR) Part 500. MSPA eliminates activities detrimental to migrant and seasonal agricultural workers, requires registration of Farm Labor Contractors, and ensures necessary protection for the workers. Information regarding MSPA can be found at: http://www.dol.gov/whd/mspa/index.htm

If workers are hired under the H-2B program, (8 CFR Section 274A provisions of the Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S. to perform temporary labor or services) a Temporary Employment Certification issued by the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration is required.

For further information on the requirements of the H-2B program, visit OFLC's website:

http://www.foreignlaborcert.doleta.gov/

U.S. DOL’s Wage and Hour's website:

https://www.dol.gov/agencies/whd/immigration/h2b/2015-final-rule

Compliance with MSPA and the INA is a material condition of this contract. If the contractor employs any unauthorized worker(s) during the performance of this contract that violates section 274A of the INA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

2. Definitions

a. H-2B worker: as used in this part means a nonimmigrant holding a visa authorizing the individual to legally work in the US to perform temporary labor or services. A worker with an H-2B visa (H-2B worker) may also be considered a migrant agricultural worker under MSPA depending on the type and nature of work performed.

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b. Migrant Agricultural Worker and Seasonal Agricultural Worker: as used in this part means individuals employed for agricultural (including forestry) work on a seasonal or temporary basis.

A worker, moving from one seasonal activity to another, is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year.

An overnight absence from the migrant workers permanent place of residence is required.

Members of the contractor's immediate family are not considered migrant or seasonal workers. Immediate family includes:

1. Spouse

2. Children, stepchildren, or foster children

3. Parents, stepparents, or foster parents, or

4. Brothers and sisters

c. Farm Labor Contractor (FLC). As used in this part means a person including an individual, partnership, association, joint stock company or a corporation, who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

3. Registration Requirements

a. Any contractor providing or hiring H-2B nonimmigrants for work under this contract shall provide a copy of their Temporary Employment Certificate. General information about the H-2B program can be found on Fact Sheet # 78 at http://www.dol.gov/whd/regs/compliance/whdfs78.htm.

Contractors can apply for the certificate through the US DOL Employment & Training Administration's on line iCERT Visa Portal System at https://www.foreignlaborcert.doleta.gov/h-2b.cfm or by paper application.

b. Any contractor who meets the definition in (2.c.) above providing or hiring migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Federal DOL Farm Labor Contractor Certificate of Registration (https://www.dol.gov/agencies/whd/forms/wh530). The contractor shall carry the certificate at all times while engaged in contract performance and shall display it upon request. Any of the contractor's employees who perform any one or more of the activities defined as an FLC in paragraph (2.c.) must have their own FLC Employee Certificate. General information about MSPA can be found on Fact Sheet #49 at DOL Wage and Hour Divisions webpage http://www.dol.gov/whd/regs/compliance/whdfs49.htm.

4. Certifications

The Contractor shall provide applicable H-2B Temporary Employment Certificate and/or Farm Labor Contractor Certificate as part of their representations, certifications, and acknowledgements. Subcontractor(s) meeting the definitions

12363N25Q4166 NZ Animal Damage Control - Deer Caging Page 13 of 32 above shall follow the same requirements as the Prime Contractor. It is the Prime Contractor's responsibility to ensure the Subcontractor's information is provided to the Contracting Officer.

5. Worker Protections

a. Worker Information Posters

A contractor who uses the H-2B program to meet its temporary employment needs must post and maintain the H-2B poster (WH- 1505) in a conspicuous location accessible to workers at the job site.

The contractor shall display and maintain the MSPA poster (WH- 1376) on the job site in a conspicuous location accessible to workers during the contract performance period.

b. Personal protective equipment

29 CFR 1910 Subpart I, OSHA's General Industry personal protective equipment (PPE) standard contains the general requirements for the provision of personal protective equipment and requires employers to perform a hazard assessment to select appropriate PPE for hazards that are present or likely to be present in the workplace. OSHA requires that many categories of personal protective equipment meet or be equivalent to standards developed by the American National Standards Institute (ANSI).

Before a worker begins operating equipment, the contractor shall train the workers on the safe operation and use of the equipment

The contractor shall provide the appropriate personal protective equipment for the work required to be performed in the contract, wherever necessary by reason of hazards or processes encountered that may cause injury or impairment in the function of any part of the body. Except for foot protection, all PPE must be provided by the employer at no cost to the employee. Includes:

1. Head Protection

2. Hearing Protection

3. Eye/Face Protection

4. Leg Protection

5. Foot Protection

6. Hand Protection

PPE must be sanitary and in reliable condition. Do not use defective or damaged PPE. PPE must be inspected prior to use on each work shift to ensure it is in serviceable condition.

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A checklist of applicable PPE guidelines typical for the work performed under this contract is provided. This does not relieve the contractor of the responsibility of performing a risk assessment or providing the necessary PPE for their operations.

Reference https://www.osha.gov/SLTC/personalprotectiveequipment/index.html or OSHA 3151-12R 2003 Personnel Protective Equipment Booklet.

The booklet can be found at:

https://www.osha.gov/Publications/osha3151.pdf

Manual Logging and Forestry Related activities:

https://www.osha.gov/SLTC/etools/logging/manual/logger/personal_e quip.html

General Machine and Vehicles Logging and Forestry Related activities:

https://www.osha.gov/SLTC/etools/logging/mechanical/machines.html

c. Field Sanitation.

OSHA established minimum standards for field sanitation in covered agricultural settings. Refer to Fact Sheet # 51 Field Sanitation Standards under the Occupational Safety and Health Act.

6. Employment Requirements

Fact Sheets with relevant information may be found at:

http://www.dol.gov/WHD/fact-sheets-index.htm

a. Contractors employing workers in forestry related work are required to comply with wage and payroll standards and recordkeeping requirements.

Refer to Fact Sheet #63: Application of Federal Labor Laws to Reforestation found on the DOL Wage and Hour Division webpage.

b. Contractor Employee List. Contractors are required to maintain and provide upon request an active list of all employees performing work on the job site under this contract. The Employee List will identify employees by full name (aliases), supervisory duties if applicable, and appropriate labor Occupation Code for work performed under the Service Contract Act Wage Rates applicable to this contract. If Subcontractors are utilized, all tiers of subcontractor(s) are responsible for providing the same information for their employees to the Prime for submittal to the Contracting Officer.

7. Transportation

a. The contractor shall be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. Authorization for each vehicle

12363N25Q4166 NZ Animal Damage Control - Deer Caging Page 15 of 32 that will be used to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is applicable. Any driver, who transports workers for a fee or at the direction of the contractor, shall be registered as an FLC or an FLC employee.

b. See Fact Sheet #50: Transportation under the MSPA, for more information about the vehicle safety standards, driver's licensing requirements, and vehicle insurance requirements. Note that separate transportation requirements may apply if there are H-2B workers.

8. Housing

a. The authorization to furnish housing, other than commercial lodging certified by a health authority or other appropriate agency, must appear on the contractor's certificate. Contractors should contact their local Wage and Hour Division of the DOL for further information on the requirements of the Act.

b. Camping Requirements. The Forest Service (FS) has various camping opportunities. Check with local FS unit for camping requirements, camping permits may be required. Verify local fire restriction policies. If camps will be used to house workers subject to MSPA, they are also subject to the temporary labor camp standards at 29 CFR 1910.142. The Forest Service reserves the right to terminate a camping permit at any time. These requirements are in addition to those contained in or provided for under any other applicable clause in this contract. Any violation of these conditions constitutes a breach of contract and may result in revocation of camping approval.

o Every structure used as shelter must provide protection from the elements. Where adequate heat is not provided, make other arrangements to protect workers from the cold. Cut firewood only after a District Firewood Permit is obtained.

o The campsite must not encroach beyond the boundaries designated by the Forest Service. The campsite location must minimize impacts on streams, lakes, and other bodies of water. Camping is not permitted within developed recreational sites or along primary recreational roads.

o The campsite must have a clean appearance at all times. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit.

Structures or improvements the contractor fails to remove within the 10 calendar day period becomes the property of the United States, however, the contractor remains liable for the cost of the removal and restoration of the site.

12363N25Q4166 NZ Animal Damage Control - Deer Caging Page 16 of 32 o Unless otherwise designated by the CO, the use of the area is not exclusive and may be granted to other permittees, contractors, or recreating public. Disorderly conduct is not permitted.

o Damaging or removing any natural feature or other property of the Forest Service is prohibited.

o Servicing of equipment in the campsite is not permissible unless the campsite is within the project area.

o Provide sanitary facilities for storing food. Provide ice chests or coolers, with ice supply made from potable water, and replenish as necessary. Provide sufficient storage for perishable food items.

o Provide an adequate and convenient potable water supply in each camp for drinking and cooking purposes.

o Provide adequate toilet facilities and toilet paper for the capacity of the camp. Service and maintain facilities in a sanitary condition.

o Collect, store, and dispose of garbage in a manner to discourage rodent access, minimize attraction of flies, and prevent scattering by wind o Maintain basic first aid supplies available, which must be under the charge of a person trained to administer first aid.

The basic supplies must include:

Gauze pads (at least 4x4 inches) Two large gauze pads (at least 8x10 inches) Box adhesive bandages (such as band-aids) One package of gauze roller bandage (at least 2-inches in width) Two triangular bandages Scissors At least one blanket Tweezers Adhesive tape Medical gloves, (latex or non-latex equivalent), and Resuscitation device such as resuscitation bag, airway, or pocket mask.

o Wash laundry in such a way that washing and rinsing will not pollute lakes, streams, or other flowing water.

o Dispose waste water away from living and eating areas and in such a way that minimizes pollution to lakes, streams, and other flowing water.

o The contractor shall take all reasonable precautions to prevent and suppress forest fires. Do not dispose of material by burning in open

12363N25Q4166 NZ Animal Damage Control - Deer Caging Page 17 of 32 fires during the closed season established by law or regulation without the written permission from the Forest Service.

o If authorized to have an open fire, the Contractor shall comply with the following fire regulations:

1. A shovel, axe or Pulaski, a 10-quart pail, which is full of water for immediate use, and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 1:A 10:BC is required.

2. All fire rings or outside fireplaces must be approved by the Forest Service representative. The area must be cleared down to mineral soil for a distance of one foot outside of the ring or fireplace, and it must not have any overhanging material. Fire rings must be dismantled and material disposed prior to leaving the site.

3. All generators and other internal combustion engines must be equipped with Forest Service approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in described in the previous paragraph.

4. All fuel must be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition.

End of MSPA attachment.

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Permits The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

Note: This does not preclude expected quoter to be supplied any or all known regulatory certifications, permits, etc. to legally conduct stewardship work under this request for quote, should award be made. All expected quoters are encouraged to know the Federal and local prevailing labor laws and inspection standards for stewardship work within the State in which award is to be made. This is to include all known Farm Labor permits and timely submission for H2B-1 and Migrant Seasonal Worker Protection personnel. All posters and mandatory DOL and OSHA inspection criteria to be posted within the public work area for all workers free access may be obtained from DOL and OSHA via online downloads. The Government does not guarantee access nor full distribution of these items to the prospective awarded contractor.

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This solicitation implements two FAR class deviations to ensure compliance with Executive Orders 14148, 14173, 14168 and 14208, issued since January 20, 2025. These deviations reflect recent policy updates and remove outdated requirements, as outlined below.

The following FAR provisions and clauses are hereby removed in their entirety from the IDIQ/BPA:

• 52.222-21 Prohibition of Segregated Facilities

• 52.222-22 Previous Contracts and Compliance Reports

• 52.222-23 Notice of Requirement for Affirmative Action To Ensure Equal Employment

Opportunity for Construction

• 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation

• 52.222-25 Affirmative Action Compliance

• 52.222-26 Equal Opportunity

• 52.222-27 Affirmative Action Compliance Requirements for Construction

• 52.222-29 Notification of visa denial

• 52.223-10 Waste Reduction Program (MAY 2024)

• 52.223-19 Compliance with Environmental Management Systems (MAY 2011)

• 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—

Representation (DEC 2016)

• 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026*

*This provision was removed to comply with the Executive Order titled "Additional Rescissions of Harmful Executive Orders and Actions," dated March 14, 2025.

The following FAR clauses now include deviations to align with recent Executive Orders:

• 52.204-8 Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025)

• 52.212-3 Offeror Representations and Certifications—Commercial Products and

Commercial Services (MAY 2024) (DEVIATION FEB 2025)

• 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive

Orders—Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025)

• 52.223-1 Biobased Product Certification (MAY 2024) (DEVIATION FEB 2025)

• 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY

2024) (DEVIATION FEB 2025)

• 52.223-10 Waste Reduction Program (MAY 2024) (DEVIATION FEB 2025)

• 52.223-23, Sustainable Products and Services (MAY 2024 (DEVIATION FEB 2025))

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All call orders will incorporate these changes by reference at award.

Disclaimer: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

In advancement of Section 2 of Executive Order 14208, the removal of requirements related to Executive Order 14057 eliminates all non-statutory sustainability requirements or preferences in purchases of food service wares, including paper straws. In addition to removing requirements related to Executive Order 14057, the attachment also reflects recent updates to Code of Federal Regulation citations for the U.S. Department of Agriculture’s BioPreferred® Program, a statutory purchasing preference program.

These class deviations will remain in effect until rescinded or incorporated into the FAR.

The following references to AGAR Clauses and Provisions are hereby removed to comply with AGAR Rule

2024-22463 (89 FR 81014):

• AGAR 452.215-73 Post Award Conference (NEV 1996) /2

• AGAR 452.216-74 (FEB 1988) (Applicable to Time-and-Materials/Labor Hour BPA Calls)

• AGAR 452.219-70 Size Standards and NAICS Cose Information (SEP 2001) /2

• AGAR 452.228-70 Alternative Forms of Security (NOV 1996)

• AGAR 452.228-71 Insurance Coverage (NOV 1996)

• AGAR 452.236-77 Emergency Response (NOV 1996)

• AGAR 452.237-74 Key Personnel (FEB 1988) /2

2/ AGAR clauses and provisions that were included in full text have been retained, with only the AGAR reference removed.

The following AGAR clause is hereby included:

• AGAR 452.236-70 Emergency Response, Fire Suppression and Liability (NOV 2024)

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"REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2015-4353 Daniel W. Simms Division of | Revision No.: 28 Director Wage Determinations| Date Of Last Revision: 04/25/2025

Note: Contracts subject to the Service Contract Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

|If the contract is entered into on or |Executive Order 14026 generally applies to | |after January 30, 2022, or the |the contract. | |contract is renewed or extended (e.g., |The contractor must pay all covered workers | |an option is exercised) on or after |at least $17.75 per hour (or the applicable | |January 30, 2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | | |performing on the contract in 2025. | |If the contract was awarded on or |Executive Order 13658 generally applies to | |between January 1, 2015 and January 29,|the contract. | |2022, and the contract is not renewed |The contractor must pay all covered workers | |or extended on or after January 30, |at least $13.30 per hour (or the applicable | |2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | | |performing on the contract in 2025. |

The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the Executive Orders is available at www.dol.gov/whd/govcontracts.

State: West Virginia

Area: West Virginia Counties of Barbour, Braxton, Calhoun, Doddridge, Gilmer, Grant, Hardy, Harrison, Jackson, Lewis, Marion, Mason, Pendleton, Pleasants, Randolph, Ritchie, Roane, Taylor, Tucker, Tyler, Upshur, Wetzel

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 18.56 01012 - Accounting Clerk II 20.83 01013 - Accounting Clerk III 23.30 01020 - Administrative Assistant 22.44 01035 - Court Reporter 23.53 01041 - Customer Service Representative I 16.83*** 01042 - Customer Service Representative II 18.37 01043 - Customer Service Representative III 20.62 01051 - Data Entry Operator I 16.73*** 01052 - Data Entry Operator II 18.26 01060 - Dispatcher, Motor Vehicle 23.43 01070 - Document Preparation Clerk 16.02*** 01090 - Duplicating Machine Operator 16.02*** 01111 - General Clerk I 15.85***

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01112 - General Clerk II 17.30*** 01113 - General Clerk III 19.41 01120 - Housing Referral Assistant 22.42 01141 - Messenger Courier 14.98*** 01191 - Order Clerk I 14.01*** 01192 - Order Clerk II 15.29*** 01261 - Personnel Assistant (Employment) I 17.92 01262 - Personnel Assistant (Employment) II 20.04 01263 - Personnel Assistant (Employment) III 22.34 01270 - Production Control Clerk 25.59 01290 - Rental Clerk 15.00*** 01300 - Scheduler, Maintenance 17.97 01311 - Secretary I 17.97 01312 - Secretary II 20.11 01313 - Secretary III 22.42 01320 - Service Order Dispatcher 20.95 01410 - Supply Technician 22.44 01420 - Survey Worker 14.75*** 01460 - Switchboard Operator/Receptionist 14.26*** 01531 - Travel Clerk I 16.02*** 01532 - Travel Clerk II 17.97 01533 - Travel Clerk III 19.76 01611 - Word Processor I 16.02*** 01612 - Word Processor II 17.97 01613 - Word Processor III 20.11 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 21.59 05010 - Automotive Electrician 16.39*** 05040 - Automotive Glass Installer 15.61*** 05070 - Automotive Worker 15.61*** 05110 - Mobile Equipment Servicer 14.06*** 05130 - Motor Equipment Metal Mechanic 17.07*** 05160 - Motor Equipment Metal Worker 15.61*** 05190 - Motor Vehicle Mechanic 17.07*** 05220 - Motor Vehicle Mechanic Helper 13.28*** 05250 - Motor Vehicle Upholstery Worker 14.84*** 05280 - Motor Vehicle Wrecker 15.61*** 05310 - Painter, Automotive 16.39*** 05340 - Radiator Repair Specialist 15.61*** 05370 - Tire Repairer 14.27*** 05400 - Transmission Repair Specialist 17.07*** 07000 - Food Preparation And Service Occupations 07010 - Baker 12.76*** 07041 - Cook I 13.77*** 07042 - Cook II 15.29*** 07070 - Dishwasher 10.91*** 07130 - Food Service Worker 12.82*** 07210 - Meat Cutter 14.65*** 07260 - Waiter/Waitress 13.19*** 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 20.13 09040 - Furniture Handler 14.40*** 09080 - Furniture Refinisher 20.13 09090 - Furniture Refinisher Helper 16.34*** 09110 - Furniture Repairer, Minor 18.24 09130 - Upholsterer 20.13 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 13.27*** 11060 - Elevator Operator 14.54*** 11090 - Gardener 17.20*** 11122 - Housekeeping Aide 14.54*** 11150 - Janitor 14.54*** 11210 - Laborer, Grounds Maintenance 14.30*** 11240 - Maid or Houseman 12.84*** 11260 - Pruner 13.35***

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11270 - Tractor Operator 16.25*** 11330 - Trail Maintenance Worker 14.30*** 11360 - Window Cleaner 15.57*** 12000 - Health Occupations 12010 - Ambulance Driver 15.95*** 12011 - Breath Alcohol Technician 23.69 12012 - Certified Occupational Therapist Assistant 31.15 12015 - Certified Physical Therapist Assistant 27.59 12020 - Dental Assistant 17.79 12025 - Dental Hygienist 35.70 12030 - EKG Technician 23.29 12035 - Electroneurodiagnostic Technologist 23.29 12040 - Emergency Medical Technician 15.95*** 12071 - Licensed Practical Nurse I 21.18 12072 - Licensed Practical Nurse II 23.69 12073 - Licensed Practical Nurse III 26.40 12100 - Medical Assistant 15.24*** 12130 - Medical Laboratory Technician 26.82 12160 - Medical Record Clerk 18.63 12190 - Medical Record Technician 20.84 12195 - Medical Transcriptionist 21.18 12210 - Nuclear Medicine Technologist 52.06 12221 - Nursing Assistant I 15.28*** 12222 - Nursing Assistant II 17.19*** 12223 - Nursing Assistant III 18.76 12224 - Nursing Assistant IV 21.06 12235 - Optical Dispenser 18.50 12236 - Optical Technician 21.18 12250 - Pharmacy Technician 17.61*** 12280 - Phlebotomist 17.22*** 12305 - Radiologic Technologist 30.73 12311 - Registered Nurse I 30.65 12312 - Registered Nurse II 37.49 12313 - Registered Nurse II, Specialist 37.49 12314 - Registered Nurse III 45.36 12315 - Registered Nurse III, Anesthetist 45.36 12316 - Registered Nurse IV 54.38 12317 - Scheduler (Drug and Alcohol Testing) 29.34 12320 - Substance Abuse Treatment Counselor 22.38 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 16.34*** 13012 - Exhibits Specialist II 20.25 13013 - Exhibits Specialist III 24.77 13041 - Illustrator I 16.34*** 13042 - Illustrator II 20.25 13043 - Illustrator III 24.77 13047 - Librarian 22.42 13050 - Library Aide/Clerk 12.13*** 13054 - Library Information Technology Systems 20.25 Administrator 13058 - Library Technician 16.23*** 13061 - Media Specialist I 14.61*** 13062 - Media Specialist II 16.34*** 13063 - Media Specialist III 18.23 13071 - Photographer I 14.98*** 13072 - Photographer II 16.75*** 13073 - Photographer III 20.76 13074 - Photographer IV 25.39 13075 - Photographer V 30.72 13090 - Technical Order Library Clerk 15.24*** 13110 - Video Teleconference Technician 14.85*** 14000 - Information Technology Occupations 14041 - Computer Operator I 16.09*** 14042 - Computer Operator II 18.01 14043 - Computer Operator III 20.08

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14044 - Computer Operator IV 22.31 14045 - Computer Operator V 24.70 14071 - Computer Programmer I (see 1) 24.67 14072 - Computer Programmer II (see 1) 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 16.09*** 14160 - Personal Computer Support Technician 22.67 14170 - System Support Specialist 23.86 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 37.29 15020 - Aircrew Training Devices Instructor (Rated) 45.12 15030 - Air Crew Training Devices Instructor (Pilot) 54.09 15050 - Computer Based Training Specialist / Instructor 37.29 15060 - Educational Technologist 27.90 15070 - Flight Instructor (Pilot) 54.09 15080 - Graphic Artist 18.11 15085 - Maintenance Test Pilot, Fixed, Jet/Prop 54.09 15086 - Maintenance Test Pilot, Rotary Wing 54.09 15088 - Non-Maintenance Test/Co-Pilot 54.09 15090 - Technical Instructor 23.57 15095 - Technical Instructor/Course Developer 28.83 15110 - Test Proctor 19.03 15120 - Tutor 19.03 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 12.17*** 16030 - Counter Attendant 12.17*** 16040 - Dry Cleaner 14.94*** 16070 - Finisher, Flatwork, Machine 12.17*** 16090 - Presser, Hand 12.17*** 16110 - Presser, Machine, Drycleaning 12.17*** 16130 - Presser, Machine, Shirts 12.17*** 16160 - Presser, Machine, Wearing Apparel, Laundry 12.17*** 16190 - Sewing Machine Operator 16.01*** 16220 - Tailor 17.05*** 16250 - Washer, Machine 12.83*** 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 26.84 19040 - Tool And Die Maker 31.41 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 17.60*** 21030 - Material Coordinator 25.59 21040 - Material Expediter 25.59 21050 - Material Handling Laborer 16.99*** 21071 - Order Filler 15.62*** 21080 - Production Line Worker (Food Processing) 17.60*** 21110 - Shipping Packer 18.68 21130 - Shipping/Receiving Clerk 18.68 21140 - Store Worker I 18.39 21150 - Stock Clerk 22.52 21210 - Tools And Parts Attendant 17.60*** 21410 - Warehouse Specialist 17.60*** 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 26.97 23019 - Aircraft Logs and Records Technician 22.75 23021 - Aircraft Mechanic I 25.95 23022 - Aircraft Mechanic II 26.97 23023 - Aircraft Mechanic III 27.97 23040 - Aircraft Mechanic Helper 20.62 23050 - Aircraft, Painter 24.95 23060 - Aircraft Servicer 22.75 23070 - Aircraft Survival Flight Equipment Technician 24.95

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23080 - Aircraft Worker 23.82 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 23.82 I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 25.95

II

23110 - Appliance Mechanic 26.84 23120 - Bicycle Repairer 23.02 23125 - Cable Splicer 41.13 23130 - Carpenter, Maintenance 20.00 23140 - Carpet Layer 25.56 23160 - Electrician, Maintenance 34.13 23181 - Electronics Technician Maintenance I 30.05 23182 - Electronics Technician Maintenance II 32.11 23183 - Electronics Technician Maintenance III 33.43 23260 - Fabric Worker 24.31 23290 - Fire Alarm System Mechanic 27.16 23310 - Fire Extinguisher Repairer 23.02 23311 - Fuel Distribution System Mechanic 39.69 23312 - Fuel Distribution System Operator 32.73 23370 - General Maintenance Worker 19.04 23380 - Ground Support Equipment Mechanic 25.95 23381 - Ground Support Equipment Servicer 22.75 23382 - Ground Support Equipment Worker 23.82 23391 - Gunsmith I 23.02 23392 - Gunsmith II 25.56 23393 - Gunsmith III 27.95 23410 - Heating, Ventilation And Air-Conditioning 21.63 Mechanic 23411 - Heating, Ventilation And Air Contidioning 22.55 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 24.77 23440 - Heavy Equipment Operator 23.26 23460 - Instrument Mechanic 27.95 23465 - Laboratory/Shelter Mechanic 26.84 23470 - Laborer 16.99*** 23510 - Locksmith 26.84 23530 - Machinery Maintenance Mechanic 26.13 23550 - Machinist, Maintenance 22.63 23580 - Maintenance Trades Helper 17.99 23591 - Metrology Technician I 27.95 23592 - Metrology Technician II 29.14 23593 - Metrology Technician III 30.22 23640 - Millwright 32.12 23710 - Office Appliance Repairer 26.84 23760 - Painter, Maintenance 22.94 23790 - Pipefitter, Maintenance 28.91 23810 - Plumber, Maintenance 28.23 23820 - Pneudraulic Systems Mechanic 27.95 23850 - Rigger 27.95 23870 - Scale Mechanic 25.56 23890 - Sheet-Metal Worker, Maintenance 25.26 23910 - Small Engine Mechanic 18.56 23931 - Telecommunications Mechanic I 30.82 23932 - Telecommunications Mechanic II 32.13 23950 - Telephone Lineman 40.73 23960 - Welder, Combination, Maintenance 23.42 23965 - Well Driller 27.95 23970 - Woodcraft Worker 27.95 23980 - Woodworker 23.02 24000 - Personal Needs Occupations 24550 - Case Manager 18.20 24570 - Child Care Attendant 11.09*** 24580 - Child Care Center Clerk 13.82*** 24610 - Chore Aide 13.03*** 24620 - Family Readiness And Support Services 18.20

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Coordinator 24630 - Homemaker 18.20 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 27.16 25040 - Sewage Plant Operator 21.05 25070 - Stationary Engineer 27.16 25190 - Ventilation Equipment Tender 20.47 25210 - Water Treatment Plant Operator 21.05 27000 - Protective Service Occupations 27004 - Alarm Monitor 18.14 27007 - Baggage Inspector 14.93*** 27008 - Corrections Officer 22.24 27010 - Court Security Officer 24.19 27030 - Detection Dog Handler 16.70*** 27040 - Detention Officer 22.24 27070 - Firefighter 24.73 27101 - Guard I 14.93*** 27102 - Guard II 16.70*** 27131 - Police Officer I 24.84 27132 - Police Officer II 27.61 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 12.95*** 28042 - Carnival Equipment Repairer 13.70*** 28043 - Carnival Worker 10.67*** 28210 - Gate Attendant/Gate Tender 16.57*** 28310 - Lifeguard 15.09*** 28350 - Park Attendant (Aide) 18.54 28510 - Recreation Aide/Health Facility Attendant 13.53*** 28515 - Recreation Specialist 22.96 28630 - Sports Official 14.77*** 28690 - Swimming Pool Operator 15.20*** 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 28.42 29020 - Hatch Tender 28.42 29030 - Line Handler 28.42 29041 - Stevedore I 27.02 29042 - Stevedore II 29.84 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 52.72 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 36.35 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 40.04 30021 - Archeological Technician I 24.18 30022 - Archeological Technician II 27.04 30023 - Archeological Technician III 33.50 30030 - Cartographic Technician 33.50 30040 - Civil Engineering Technician 28.29 30051 - Cryogenic Technician I 37.10 30052 - Cryogenic Technician II 40.97 30061 - Drafter/CAD Operator I 24.18 30062 - Drafter/CAD Operator II 27.04 30063 - Drafter/CAD Operator III 30.14 30064 - Drafter/CAD Operator IV 37.10 30081 - Engineering Technician I 20.17 30082 - Engineering Technician II 22.64 30083 - Engineering Technician III 25.32 30084 - Engineering Technician IV 31.37 30085 - Engineering Technician V 38.36 30086 - Engineering Technician VI 46.41 30090 - Environmental Technician 27.32 30095 - Evidence Control Specialist 33.50 30210 - Laboratory Technician 27.03 30221 - Latent Fingerprint Technician I 37.10 30222 - Latent Fingerprint Technician II 40.97 30240 - Mathematical Technician 33.50 30361 - Paralegal/Legal Assistant I 22.84

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30362 - Paralegal/Legal Assistant II 28.29 30363 - Paralegal/Legal Assistant III 34.60 30364 - Paralegal/Legal Assistant IV 41.86 30375 - Petroleum Supply Specialist 40.97 30390 - Photo-Optics Technician 33.50 30395 - Radiation Control Technician 40.97 30461 - Technical Writer I 33.50 30462 - Technical Writer II 40.97 30463 - Technical Writer III 49.57 30491 - Unexploded Ordnance (UXO) Technician I 33.50 30492 - Unexploded Ordnance (UXO) Technician II 40.54 30493 - Unexploded Ordnance (UXO) Technician III 48.59 30494 - Unexploded (UXO) Safety Escort 33.50 30495 - Unexploded (UXO) Sweep Personnel 33.50 30501 - Weather Forecaster I 37.10 30502 - Weather Forecaster II 45.13 30620 - Weather Observer, Combined Upper Air Or (see 2) 30.14 Surface Programs 30621 - Weather Observer, Senior (see 2) 33.50 31000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 40.54 31020 - Bus Aide 15.60*** 31030 - Bus Driver 20.97 31043 - Driver Courier 15.59*** 31260 - Parking and Lot Attendant 13.88*** 31290 - Shuttle Bus Driver 14.92*** 31310 - Taxi Driver 11.88*** 31361 - Truckdriver, Light 16.51*** 31362 - Truckdriver, Medium 17.43*** 31363 - Truckdriver, Heavy 23.14 31364 - Truckdriver, Tractor-Trailer 23.14 99000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 19.76 99030 - Cashier 11.07*** 99050 - Desk Clerk 10.85*** 99095 - Embalmer 33.50 99130 - Flight Follower 33.50 99251 - Laboratory Animal Caretaker I 13.83*** 99252 - Laboratory Animal Caretaker II 14.64*** 99260 - Marketing Analyst 23.86 99310 - Mortician 33.50 99410 - Pest Controller 18.81 99510 - Photofinishing Worker 17.61*** 99710 - Recycling Laborer 16.84*** 99711 - Recycling Specialist 19.12 99730 - Refuse Collector 15.75*** 99810 - Sales Clerk 13.42*** 99820 - School Crossing Guard 17.97 99830 - Survey Party Chief 28.33 99831 - Surveying Aide 17.51*** 99832 - Surveying Technician 24.06 99840 - Vending Machine Attendant 19.19 99841 - Vending Machine Repairer 22.55 99842 - Vending Machine Repairer Helper 19.19

***Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.75 per hour) or 13658 ($13.30 per hour). Please see the Note at the top of the wage determination for more information.