1240BF21R4001 Seward RD Vegitation Management_.pdf

Solicitation Number: 1240BF21R4001 Seward Ranger district Vegetation Management

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

(ii) This solicitation is issued as a Request for Proposal (RFP) for a single firm fixed price award.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06.

(iv) This procurement is set aside for 100% Small Business. The NAICS code is 115310 and the Small Business Size Standard is $8 million.

1. Schedule of Items/Price Schedule

Item No.

Description Quantit y

Order

Unit

Unit Price

Amount

Base Required Work (Units 1 & 2) 1 Cut all designated trees, skid to approved landings 54 Acre $

2 Pile all designated slash for burning 54 Acre $ 3 Scarification – Mechanical site-preparation 54 Acre $

BaseTotal $

Optional Work

(Units 4,6,8,10,11)

Unit 4 - 2022 32 Acre $

5 Unit 6 - 2023 35 Acre $ 6 Unit 10 - 2023 33 Acre $ 7 Unit 8 - 2024 33 Acre $ 8 Unit 11 - 2025 36 Acre $

Options Total $

Total Price: $

Description of Requirement

2.0 Background

The purpose of this contract is to acquire services for vegetation enhancement including mechanical timber harvest, slash treatment, and scarification (mechanical site preparation) on up to approximately 222 acres of the Seward Ranger District, Chugach National Forest. Fifty four acres are required to be treated under this contract. An additional 168 acres may be optionally implemented over the following four years should the Forest Service choose to do so. The work will spatially continue vegetation enhancement and hazardous fuel reduction in the area, creating a more continuous treated area around the town of Hope.

Vegetation enhancement treatments will maintain early seral forest types and create browse for moose in their winter range by promoting young birch and willow. Implementation of these treatments will also create a shaded fuel break, substantially reducing the risk of catastrophic wildfires being started or carried through these portions of the Chugach National Forest.

Additionally, forest products generated from the project will be utilized for both commercial and personal uses.

a) Objectives:

Regenerate early seral vegetation through timber harvest and mechanical site preparation.

Create a shaded fuel break in the Wildland – Urban Interface Provide opportunities to utilize wood products for both personal and commercial uses

b) Scope: Required (Units 1 & 2) Mechanical timber harvest will be accomplished through use of a seedtree harvest. This work includes cutting, skidding to landings, and decking all merchantable unmarked trees within the unit. All landings and skid trails must be approved by the Forest Service prior to construction. Slash treatment will be accomplished by mechanically piling designated slash to be burned later by Forest Service personnel. Scarification will be completed mechanically to expose mineral soil on 50% of each units’ acreage and spaced throughout the entire unit. Specifications for these work activities are listed below.

c) Optional (Units 4,6,8,10 & 11) The scope of work for these units is identical to the required units 1 and 2. Acreages are approximate but should be within 10% of estimates. The projected years to implement optional units stated above are subject to change depending on available funding.

The contractor shall furnish all labor, materials, equipment, fuel, oil, and transportation to perform all work required to complete the project in accordance with the specifications and provisions of the contract.

Unit boundaries are delineated on the ground with orange flagging and orange paint on trees.

Trees to be left standing in the units are also marked with orange paint. Riparian areas with working restrictions are flagged with blue and white striped flagging. Questions pertaining to project area boundaries should be directed to the COR for clarification.

Offerors are encouraged to visit the project area prior to submitting proposals to make their own estimates of the amount of work to be completed.

Payment for the contract work will be made only for items included in the Schedule of Items.

d) Project Location and Description:

The Cripple Vegetation project is located on the Seward Ranger District, Chugach National Forest at approximately Mile 17.6 of the Hope Highway. Access to the project area is via a gated road adjacent to the Hope Point Trailhead which is at the end of Bob Mathewson Lane.

e) Location Description:

T10N, R2W, Seward Meridian, Sections 32 and 33

T9N, R2W, Seward Meridian, Sections 4 and 5

f. Land Survey Corner Monuments and Markers The Contractor is responsible for the preservation of all corner monuments, stakes, and permanent plot markers. Corner monuments and plot markers may be of various materials including iron re-bar, wood post, marked tree and PVC pipe. When damaged by the Contractor's operations, the cost of replacing them will be charged to the Contractor.

g) Bears Brown bears and/or black bears are found throughout the contract area. Black bears and particularly brown bears (a large, coastal form of the Grizzly) are considered unpredictable and potentially dangerous in human/bear encounters. It is suggested that contractors carry a large caliber weapon as bear protection. Any bear shot in defense of life or property requires a written explanation and becomes property of the State of Alaska. The best protection is avoiding bear/human contacts. Campsites shall be kept clean and free of garbage. Failure to do so will result in the issuance of a cure notice or a stop work order. Waste disposal shall be in accordance with Federal EPA guidelines. Report any problems with bears to the Contracting Officer (CO) and the COR as soon as possible. This may be done through the COR, or his/her inspectors. Especially important is the reporting of bears that appear to have become habituated to humans.

3.0 Technical Specifications

a) Mechanical Timber Harvest

All merchantable trees within the unit boundary not marked with orange paint must be cut. Any unmarked non-merchantable tree within the unit boundary may be felled as needed.

A merchantable tree is any birch, spruce or hemlock that is 6 inches in diameter at breast height (DBH) or larger and is 1/3 sound. All merchantable trees will be felled and cut to a 4-inch diameter top, limbed, skidded to approved landings and decked.

Maximum stump height is 12 inches.

b) Non-Merchantable Tree Specifications

- All operationally damaged non-merchantable trees greater than 5 feet in height and all birch less than 6 inches at DBH and greater than 15 feet in height will be cut.

- Undamaged non-merchantable spruce and hemlock will be thinned to 20 trees per acre ( ̴ 47x47 ft.)

Hemlock greater than 10 inches at DBH and all cottonwood and willow will be left standing where possible. If cut, hemlock greater than 10 inches at DBH will be treated as merchantable trees as stated above. Cottonwood and willow that are cut will be treated as slash.

c) Slash Treatment

Material to be Piled: All conifer slash and 70% of hardwood slash generated by cutting including limbs, tops, non-merchantable trees, and downed material that does not meet merchantability specifications. Unpiled hardwood slash will be scattered.

-Non-merchantable logs greater than 6 inches in diameter will be treated with a combination of piling and leaving on the ground within the unit. Preference for logs to be left on the ground will be given to large diameter material.

Pile Size: Minimum of 20 feet in diameter x 15 feet high, maximum of 30 feet in diameter x 25 feet high. Piles will be constructed in a pyramid or conical shape and be reasonably free of dirt and rotten material. Preference is for fewer, larger piles.

Piles should contain no more than 50% hardwood slash. Where this is not possible due to lack of conifer slash, piles or windrows (maximun 50 feet in length) containing 90% or more hardwood slash may be constructed.

Portions of piles will be covered with plastic sheeting (minimum 3 x 3 ft.) to aid in burning. Piles and windrows containing 90% or more hardwood slash are exempt from this stipulation.

All piles must be located within the cutting unit boundary. Piles may be constructed on approved landings. If piling on landings, alternative pile sizes may be negotiated upon Forest Service approval.

Piles will be located as not to scorch residual trees and be a minimum of 50 feet from streams or standing water.

d) Scarification

Mechanical site preparation to expose 50% bare mineral soil throughout the unit. Marked riparian areas with working restrictions (see Contract Map) are not included in this requirement.

Scarification will remove only the top litter and duff layers exposing mineral soil.

Scarification will be distributed evenly throughout the unit to create a continuous seed bed.

Scarification may be achieved through log-length or tree-length skidding or by separate mechanical means. All mineral soil exposure requirements still apply if using whole tree skidding.

Portions of cutting units harvested prior to October 15th of each year will be scarified before winter operating conditions would prohibit it.

e) Other Mitigation Measures:

Mechanized work will be done when soils are dry (summer) or frozen (winter) to minimize rutting. Work may be stopped if excessive rutting or soil disturbance can or does occur.

Equipment that is operating off roads will be cleaned to be free of visible dirt, plants or plant parts off of National Forest land before it is moved into the project area.

Equipment operators will have spill response kits and provide containment and clean up for portable fuel tanks. Leaky equipment will be promptly repaired.

Contractor is responsible for maintenance on all access and skid roads including repairing damage caused by operations and clearing/ installing waterbars where necessary to prevent erosion.

Access/ skid road location and stream crossings will be agreed to with the Forest Service prior to construction.

Where appropriate to prevent resource damage (ex. soft or wet areas), equipment shall operate on a slash mat. Slash will be “fluffed” or decompacted as equipment leaves the unit.

Erosion control material (ex. straw, seed, fill) must be certified as weed free.

No activities will be allowed to occur within 660’ of an active Northern goshawk nest or within 330’ of an active eagle nest from March 1 through August 31. No nests are currently identified in or near these units.

Any identified sensitive plant areas will be flagged on the ground by the COR and the contractor will be notified.

When work is in progress, the Contractor will post adequate warning of hazardous conditions associated with operations.

No vegetation clearing, site preparation, or other vegetation removal activities during the breeding season of migratory birds from May 1 – July 1.

f) Method Of Measurement:

1. Measurement: All linear and area measurements required under this contract will be measured on the horizontal plane.

2. Re-Measurement: Re-measurement of the acreage under this contract will be made upon the written request of the Contractor. If re-measurement indicates a difference of not more than 5 percent from the original measurement, the Contractor shall bear the actual costs of the re-measurement. Payments will be based on the second measurement. No adjustment will be made for a difference of one acre or less.

g) Government Furnished Property: There is no Government furnished property.

3. Inspection: The Government intends to inspect the work to the standards fund within the above listed statement of objectives.

4. Quality:

a. The Government intends to inspect the work to the standards found within the above listed statement of objectives.

b. Payment will be based upon 100% acceptable completion. Deductions for unacceptable performance are established in the form of re-work at the contractor’s expense.

5.Payment:

a) The contract payments will be made on a per-acre basis based on acreage determinations from field traverses around pre-felling units.

These field traverses will be conducted by the COR or his/her designee for administration of this contract.

b) Invoices may be submitted monthly for acres completed and accepted by the government.

c) Payment shall be made upon acceptance by the Forest Service of the completed work as specified in this contract, and submission by the Contractor of a proper invoice or voucher.

6.Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)

a) Payment requests must be submitted electronically through the U. S.

Department of the Treasury's Invoice Processing Platform (IPP).

b) "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract. The IPP website address is: https://www.ipp.gov

c) The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fms.treas.gov or phone

(866) 973-3131.

d) (b) Final Payment. The final invoice must be accompanied by a release of claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. Final payment will not be approved without a properly executed Contract Release, Form 6300-16

7. Attachments: The attachments are hereby made a part of this solicitation and any resultant contract.

Wage Determination 1996-0372 03.15.2021 6 pages

Unit Map 1 page

Vicinity Map

1 page https://www.ipp.gov/ mailto:IPPCustomerSupport@fms.treas.gov

8) 52.212-1 Instructions to Offerors – Commercial Items (JUL 2021) (Provision) Addenda to provision 52.212-1:

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, contractor representations and certifications and MSPA certification if applicable.

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

Work Activity Plan. In general terms, describe the methods that will be used to accomplish the primary work elements in such manner that your, or your sub-contractor’s, approach to, and coordination between, the various operations are clearly described.

Method. Describe the method, or combination of methods you plan to utilize to accomplish all work listed in the Schedule of Items. At a minimum describe how you will accomplish each work activity. Describe your approach for ensuring resource protection.

Equipment. Specify the equipment to be used to accomplish work activities involving logging, slash treatment and scarification. Include make and model of proposed equipment.

Timing. Address both a timeline to complete all work and a general plan for sequence of work across the project, including all work items – Cut/limb/skid/deck designated trees to approved landings, slash treatment, scarification.

Vendor Name: Phone:

Address: Email:

Point of Contact:

DUNS:

Date SAM expires:

https://www.sam.gov/SAM/

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).

b) Price Proposal – Include the following: 1) the completed price schedule contained in section v of this solicitation, 2) Acknowledge any amendments issued on beta.sam.gov for this solicitation by completing and signing the posted SF-30,

c) Representations and Certifications – Fill in the check boxes for provisions 52.204-24, 52.212-3, and Employment of Eligible Workers-Workforce Certification found in paragraph

(xiv) of this solicitation and submit with your offer.

3) Submit offer by email to della.koelling@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Technical Proposal, Price Proposal, and Representations and Certifications) in Microsoft Word or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer..

4) Address questions about this solicitation to Della Koelling at della.koelling@usda.gov.

a) 52.212-2 Evaluation – Commercial Items (OCT 2014) (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 Proposal Instructions. Technical proposals will be evaluated to determine the ability of the contractor to meet the requirements of the Government. Therefore, the technical proposal must present sufficient information to reflect a thorough understanding of the requirements and a detailed description of the organization, techniques, procedures and program for achieving the objectives of the specifications/statement of work. Proposals that merely paraphrase the requirements of the Government's specifications/statement of work or use such phrases as "will comply" or "standard techniques will be employed" will be considered unacceptable and will not be considered further. As a minimum, the proposal must clearly provide the following:

Technical Approach

Work Activity Plan. In general terms, describe the methods that will be used to accomplish the primary work elements in such manner that your, or your sub-contractor’s, approach to, and coordination between, the various operations are clearly described.

Method. Describe the method, or combination of methods you plan to utilize to accomplish all work listed in the Schedule of Items. At a minimum describe how you will accomplish each work activity. Describe your approach for ensuring resource protection.

Equipment. Specify the equipment to be used to accomplish work activities involving logging, slash treatment and scarification. Include make and model of proposed equipment.

Timing. Address both a timeline to complete all work and a general plan for sequence of work across the project, including all work items – Cut/limb/skid/deck designated trees to approved landings, slash treatment, scarification.

2. Price Complete Schedule of Items for both Base and Optional items.

3.Past Performance (List of References). The technical proposal must address past performance for both the Offeror and any proposed major subcontractors. OFFERORS SHOULD PROVIDE ONLY THE INFORMATION LISTED BELOW. Performance information will be requested from references provided and other known clients.

(A) Submit a list of similar project work that was completed by your firm or any of your proposed subcontractors in the last 3 years. Emphasis is placed on past work specifically related to the work elements in the solicitation. Provide:

• Names, telephone numbers and email addresses of principal officials in charge of the project who are familiar with your performance.

• A description of the work performance,

• The agency/company or individuals you worked for,

• The size (value) and location of the contracts,

• Contract numbers.

Provide information on any problems encountered on the identified contracts and corrective actions taken.

Individuals or businesses without prior contracts as a business entity, should list contracts and subcontracts completed under other names or by their employees.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

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

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

9. Federal Acquisition Regulations (48 CRF Chapter 1) Clauses

52.212-3 Offeror Representations and Certifications – Commercial Items (FEB 2021) (DEVIATION JUL 2020) (Provision)

9. 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018)

Addenda to 52.212-4:

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

DEVIATION 2017-1 (AUG 2017):

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

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JUL 2021) (DEVIATION JUN 2020, DEVIATION JUL 2020)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

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

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

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

☒ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101note).

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

☒ (22) (i) 52.219-28, Post Award Small Business Program Representation (Nov 2020) (15

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

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

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

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

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

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

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

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

U.S.C.793).

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

☒ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and

E.O. 13627).

☒ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

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

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

☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

Laborer $18.08 hourly/$4.54

Heavy Equipment Operator $26.79 hourly/$4.54

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

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

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C.

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

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

U.S.C.793).

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

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

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

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

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

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

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

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

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

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

13706).

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

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

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

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

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

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. 55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

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

Additional Requirements/Terms and Conditions:

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

(MAY 2011)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day.

52.232-18 Availability of Funds (APR 1984) 52.232-19 Availability of Funds for Next Fiscal Year 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION APR 2020) (31 USC 3903 and 10 USC 2307) 52.236-2 Differing Site Conditions 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses:

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

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

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

52.252-6 Authorized Deviations in Clauses (NOV 2020)

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

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

452.211-74 Period of Performance (FEB 1988) The effective contract period will be after the Notice to Proceed to 11/30/2021for the base contract work.

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

452.236-73 Archaeological or Historic Sites (Feb 1988) If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

452.236-77 Emergency Response (Nov 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

452.246-70 Inspection and Acceptance (Feb 1988)

(a) The Contracting Officer or the Contracting Officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: Individual Work Site Location.

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 http://www.dol.gov/whd/mspa/index.htm

OFLC's website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour's website at http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm.

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

1. 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.

2. 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

3. 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

1. 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 http://www.foreignlaborcert.doleta.gov/ http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm

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://icert.doleta.gov/ or by paper application.

2. 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 (http://www.dol.gov/whd/forms/fts_wh530.htm). 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 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

1. 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.

2. 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 http://www.dol.gov/whd/regs/compliance/whdfs78.htm https://icert.doleta.gov/ http://www.dol.gov/whd/forms/fts_wh530.htm http://www.dol.gov/whd/regs/compliance/whdfs49.htm 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.

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.ht mlhttps://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/persona l_equip.html

General Machine and Vehicles Logging and Forestry Related activities:

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

html https://www.osha.gov/SLTC/personalprotectiveequipment/index.html https://www.osha.gov/SLTC/personalprotectiveequipment/index.html https://www.osha.gov/Publications/osha3151.pdf https://www.osha.gov/SLTC/etools/logging/manual/logger/personal_equip.html https://www.osha.gov/SLTC/etools/logging/manual/logger/personal_equip.html https://www.osha.gov/SLTC/etools/logging/mechanical/machines.html https://www.osha.gov/SLTC/etools/logging/mechanical/machines.html

3. 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.

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.

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

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 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.

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

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 http://www.dol.gov/WHD/fact-sheets-index.htm and Hour Division of the DOL for further information on the requirements of the Act.

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 the clause titled 452.236-72 Use of Premises 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.

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…